Law Commons^™

Restrictive Pursuit Policies And Rising Violent Crime, Ryan Kelly

Master of Arts in Criminal Justice Leadership

Consequences can be a driving factor for why citizens follow laws in the United States. Financial and physical freedom is valued. Citizen’s behavior may change if police officers threaten to take these things away for breaking laws. Policymakers today are working to restrict when law enforcement officers can chase criminals for breaking the law. Suppose the ability of law enforcement to hold criminals accountable is restricted. Would this not lead a reasonable person to believe that criminals may think they are free to commit crimes? This paper will cover current trends in violent crime in both the United States and …

An Evidence-Based Approach To Improving The Quality Of Sex Education In Ohio, Alyssa Buschur

Honors Projects

Sex education is arguably one of the most controversial subjects in the United States education system. Because education is primarily considered a state’s responsibility, it is difficult to ensure consistent material is being taught from state to state. Although comprehensive sex education has been proven to be effective, most states including Ohio, lean towards an abstinence-only approach. Ohio currently has very vague and limited sex education policies. In this paper, I will analyze sex education at the federal, state, and district levels (in Ohio) to determine the current state of affairs. I will utilize a case-study analysis of three Ohio …

The International Restitution Of Classical Antiquity: Creating Uniformity Within Museum Restitution Policy, Jacob Armentrout

Senior Theses and Projects

This thesis will explore the scope of the restitution debate for Greek and Italian classical antiquities and how it has evolved over the past 70 years. Chapter 1 will focus on the scholarly works of well-known figures within the restitution debate, including John Henry Merryman, James (Jim) Cuno, and Patty Gerstenblith. Their work is crucial in developing the terminology that defines the debate and also for understanding their opinions on both sides of the debate. Chapter 2 will center on claims to cultural property and restitution efforts that have been made at both the international and national level. The three …

Legal Mechanisms For Protecting The Earth From Climate Change: An Analysis Of Limitations, Current Trends And Emerging Alternatives, Abby Mei Frazier

Senior Projects Spring 2023

This thesis examines the obstacles that make environmental protection challenging to litigate, particularly in the context of climate change, and identifies the underlying reasons for these obstacles. I emphasize the significance of preserving nature and provide a historical overview of environmental conservation. Despite the pressing nature of climate change and environmental degradation, legal efforts to combat these issues have often yielded unsatisfying results due to a lack of transparency, accountability, and fair power dynamics. This study examines four U.S. climate litigation cases under the Freedom of Information Act, revealing a consistent pattern of inadequate transparency and accountability that creates an …

Equitable Funding For Trauma Informed Social Policy: A Critical Analysis Of The 2019-2020 Pennsylvania Department Of Education School Safety And Security Grant Program, Heather Bickley

West Chester University Doctoral Projects

This study is a critical analysis of the funding distribution of the 2019-2020 Pennsylvania Commission on Crime and Delinquency (PCCD) School Safety and Security Grant (SSSG) to identify if there is evidence of inequity in the grant's funding distribution. It used a theoretical framework that includes a transformative paradigm with trauma informed social policy as a theoretical lens, with the conceptual lenses education debt and distributive justice, applied to a concurrent mixed methods design. The research followed a QuantCrit methodology, and the features of a critical policy analysis were used to present the findings.

The quantitative tests found several significant …

The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales

CMC Senior Theses

Thousands of migrants have died at the United States/Mexico border. This paper analyzes how the current crisis at the border came to be, specifically focusing on the experiences of Mexican migrant women. An analysis of race, racial scripts, and illegality shows how these inform immigration policies and negatively impact migrants. Decades worth of draconian immigration policies have militarized the border and continued to reinforce negative racial scripts of migrants. By centering the testimonies of Mexican migrant women, their structured vulnerabilities come to the forefront as a direct result of immigration policies. Reform of the immigration system needs to occur to …

The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato

Honors Theses

Five states in the American South currently have “no pro homo” policies in place, while an increasing number of bills targeting discussions about sexuality and gender identity in public schools are being introduced to House floors around the country. Although there is extensive research on the ways in which these policies put the physical and mental well-being of LGBTQ+ students at risk, there is little to no research about how they shape public perceptions of the LGBTQ+ community collectively. With inspiration from Kenneth and Mamie Clark’s social science study cited in Brown v. Board of Education (1954), this study works …

Gun Control Laws And Policies Reported Influence On The Attitudes Of Faculty At Mississippi Universities, David Besancon

Dissertations

The concealed carrying of firearms is a polarizing subject. In general, the political left would like to see more restrictive gun laws, whereas the political right would like to see less restrictive guns laws. Research of this also seems politically biased. While one researcher will use data that show violent crime increases with more restrictive gun laws, another researcher will use logic to dictate that less guns means less violence. University campuses are generally considered a liberal environment. However, Mississippi has been one of the two most conservative states since the 1930s. This research examines the attitudes of faculty at …

Improving Care And Licensing Standards And Oversight In America's Zoos, Hannah Willis

Honors Theses

Since 1966, the Animal Welfare Act has been the official federal legislation passed to provide care standards and regulations for publicly exhibited animals, specifically exotic animals within zoos; however, in an age of major advocacy for improved animal welfare standards for all animals, the AWA has remained fairly stagnant in its guidelines for animal exhibitors. Through numerous articles, documentaries, and TV shows, specific zoos and animal exhibitors have shown many Americans that there seems to be little to no governmental oversight over zoos that have engaged in poor animal care or those engaging in often dangerous and cruel animal contact …

Policy Solutions To Maximize The Economic Potential Of The Casino Industry Clusters In Tunica County, Mississippi, John Furla

Honors Theses

Tunica County has come a long way over the past 30 years. From being named “America’s Ethiopia” in 1989 to leading the state in many aspects of economic development today, Tunica County has completely transformed their economy all on the back of the casino industry. Grounded in agglomeration theory, this research serves to confirm the quantitative data that claim that the casino clusters in Tunica County serve as the central driver of economic development for the area through the process of spillover. Through six qualitative interviews with officials from Tunica County government and economic development agencies, the collection of descriptive …

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …

The Evolution Of Transgender Student Rights: A Legal And Policy Analysis, Camille J. Valentincic

Senior Theses and Projects

Transgender student protections are at the center of the most recent debate about the scope of Title IX of the Education Amendments of 1972. Although LGBTQ+ rights and protections have greatly expanded under all areas of the law in the last thirty years, transgender student rights have most successfully advanced through the judicial system.

Through a close evaluation of executive, judicial, and legislative responses to this compelling policy issue, the development of transgender student rights is explored. This analysis, which provides a comprehensive overview of the current legal landscape of transgender student protections, ultimately determines that the courts are the …

Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates, Hunter Schultz

Master of Arts in Criminal Justice Leadership

The United States prison system functions on a binary of male and female inmates. Transgender, non-binary, gender non-conforming, and intersex individuals challenge the limits of these systems and their policies. This paper addresses how to create policy for transgender individuals and what the policies should include. The best practice for creating policies involves basing them in solid ethics. Looking at different ethical theories will help solve ethical dilemmas involving housing, searching, and other policies for transgender and gender non-conforming inmates. To ensure that policies coincide with the law, an examination of case law provides the legal background for these policies. …

Better Solutions: A Comparative Analysis Of Long-Term Care Home Policies In Canada, China And Japan, Chaoran Wu

Electronic Thesis and Dissertation Repository

Failures of long-term care (LTC) policies caused undesirable negative outcomes for Canadian long term care residents during the COVID-19 pandemic. The purpose of this study was to explore similarities and differences in LTC policies between Ontario (Canada, Ontario), China, and Japan and identify potentially beneficial ideas for policy improvement in all countries. An adapted framework for comparing health care systems guided data collection. Information about four major policy areas: regulation, service provision, PSW workforce, and financial policies was extracted from LTC policy documents, government reports, and research articles. Data was described and compared for similarities and differences. Findings show that …

Constructing The Landlord Identity: An Analysis Of Kingston's Eviction Crisis, Elsa G. Ackerman

Senior Projects Spring 2022

Senior Project submitted to The Division of Social Studies of Bard College.

When A Woman Goes To Jail, Renee Onque, Emily Nadal

Capstones

The United States holds 30% of the world’s incarcerated women and the laws protecting their specific needs while in the prison system differ by state. New York, Minnesota and Alabama are introducing innovative ways to improve the birthing experiences of women who are incarcerated. From programs that allow mothers to send their breast milk on dry ice to their babies to nurseries within prisons that allow babies to live with their moms for up to a year, these states are pushing for progressive changes for mothers in the system. https://reneeonque.github.io/capstone/

Evaluating Nebraska Ems Providers' Ability And Willingness To Respond To Bioterrorism Emergencies, Ryan Houser

Capstone Experience

Previous studies have found that public health systems within the United States are inadequately prepared for an act of biological terrorism. This study utilized an Internet-based survey to assess the level of preparedness and willingness to respond to a bioterrorism attack, and identify factors that predict preparedness and willingness among Nebraska Emergency Medical Service providers, who are key to resilience in the face of an attack. The survey was available for one month in 2021 during which 190 EMS providers responded to the survey. The subjects included Registered Nurses, doctors, EMTs, and paramedics. Only 10% of the respondents are both …

Vocation Or Victimization: An Analysis Of Legal Models Addressing Prostitution, K'Reisa J. Cox

Honors Projects

This discussion of legal models addressing prostitution evaluates the three predominate models currently implemented worldwide: criminalization, legalization/full decriminalization, and partial decriminalization (also termed the Nordic Model). Specific focus is given to each model’s capacity to maintain nations’ human rights obligations to people in prostitution, specifically the right to free choice of employment, and the right to safe working conditions free of exploitation and coercion. Along with evaluating the origins, structure, strengths, and weaknesses of each, case studies of all three models in practice are incorporated to transition from theoretical to practical evaluation. Each model’s unique design, purported outcomes, and various …

Refugee Resettlement In Germany: An Analysis Of Policy Learning And Support Networks, Marianne Perkins

Undergraduate Honors Theses

The resettlement of refugees and asylum seekers in Germany since reunification in 1990 has been challenged by two peaks in asylum seeker applications in 1992 and again in 2016. From the 1992 peak, which was fueled by asylum seekers fleeing the former Yugoslavia, extensive research has already been conducted over the past thirty years. These studies have demonstrated the actual outcomes of these primarily Yugoslavian asylum seekers and refugees with these findings indicating legal and economic uncertainty having a detrimental effect even years after resettlement. Using Germany as a case study, this analysis aims to survey the available information in …

The Harmful Prioritization Of “Sex Trafficking” In U.S. Anti-Trafficking Discourse, Spencer Pennybacker

Honors Theses

In recent years, the issue of “human trafficking,” or what some have deemed “modern slavery” has become increasingly salient in the United States. No doubt, human trafficking is a major humanitarian crisis, with the International Labor Organization estimating some 5.4 victims caught in trafficking networks for every 1,000 people in the world. And yet, the dominant discourse in the US tends to allude solely to the sex trafficking of women. This sex trafficking hysteria in the United States is the backdrop of my research.

This Senior Thesis examines how anti-trafficking organizations leave out survivors by addressing human trafficking through selective …

Reconceptualizing Cannabis, Julia Peoples

Honors Theses

Inflammatory rhetoric and increasingly punitive drug policies dominated marijuana politics in the past. Today, as 36 have legalized cannabis in some form and 17 states have legalized recreational marijuana, the federal government continues to perpetuate policies of the past. The following analysis investigates rhetoric and policies that led to the War on Drugs as well as their outcomes, the dramatic shift in public opinion as states began to legalize marijuana, and the successes and failures of state cannabis programs to identify gaps within the MORE Act, the ideal policy, and politically viable incremental change. State programs are incapable of …

The Impact Of Particular Provisions Of The 2017 Tax Cuts And Jobs Act On The United States Economy Amidst The Covid-19 Pandemic, Hillary Obinna Maduka

LL.M. Essays & Theses

The Tax Cuts and Jobs Act is the most significant overhaul of the U.S. federal tax system in the last two decades. This paper seeks to discuss some of its most significant provisions and examine their overall impact on the U.S. economy, especially throughout the ongoing coronavirus pandemic.

This paper begins by undertaking an overview of the legislative history of the Act and then proceeds to discuss three provisions of the Tax Cuts and Jobs Acts which have had a tremendous impact on the U.S. economy by altering some major provisions of the United States Internal Revenue Code of 1986. …

Cannabis For Therapeutic Purposes: Older Adult Perspectives, User Characteristics And Motivations For Use, Lean Fiedeldey

Electronic Thesis and Dissertation Repository

Use of cannabis among adults 55 years of age and older is increasing. In Q4 of 2018, slightly over half of cannabis users used for therapeutic purposes at least once, where many reported using for both medical and non-medical reasons (mixed use). Research on older adults regarding the use of Cannabis for Therapeutic Purposes (CTP) is fragmented and there are no comprehensive or in-depth studies on their perceptions or self-reported motivations. Understanding in these areas is important to inform policy that takes the protection of public health and safety as central aims. Does policy affect one of, if not both, …

A Qualitative Analysis Of End-Of-Life Healthcare In Tennessee: Politics, Principles, And Perceptions, Erin Mauck

Electronic Theses and Dissertations

The unprecedented growth of the aging population in Tennessee is a significant demographic trend that highlights the necessity for healthcare policy that tackles end-of-life issues. This study examined the perceived quality of end-of-life healthcare in Tennessee, areas that are in need of improvement, policies that have the potential to influence improvements, and the role of politics in end-of-life healthcare policy. It also assessed the support for end-of-life healthcare policy that would advance quality of care and expand end-of-life choices for Tennesseans, while evaluating the policy-making process that legislators employ.

For this study, data were collected using semi-structured, in-depth interviews with …

Evaluation Of United States Federal Oil Spill Policies: Deepwater Horizon Vs. Bouchard B120, Quinn Relihan

Honors Theses

ABSTRACT

RELIHAN, QUINN An Evaluation of United States Federal Oil Spill Regulations:

Deepwater Horizon vs. Bouchard B120. Department of Environmental Science, Policy and Engineering, June 2020.

Advisor: ILENE KAPLAN

The purpose of this study is to compare and contrast the background, impacts and treatment of two major oil spills and investigate the appropriateness of existing environmental policies and any need for new and/or different policies. The study traces the growth of relevant policy development and looks at historic and contemporary policy changes and applies this to the in-depth examination of the Bouchard B120 and the Deepwater Horizon spills.

Policy recommendations …

Maryland’S Historically Black Institutions: In Pursuit Of Equity In Higher Education, Maureen Samedy-Cooke

Dissertations, Theses, and Capstone Projects

In 2013, a federal judge in the U.S. District Court of Maryland ruled in The Coalition for Equity and Excellence in Maryland Higher Education et al. v. Maryland Higher Education Commission et al., that through the practice of offering duplicative academic programs at Maryland’s Historically Black Institutions (HBIs) and their Traditionally White Institutions (TWIs), Maryland has practices in place that perpetuate a segregated higher education system, a violation of the United States Constitution and the Civil Rights Act of 1964. This dissertation examines the effect of duplicative academic programs on racial enrollment in Maryland’s Historically Black Institutions. The study draws …

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …

Working To Prevent Gun Violence In The United States: The Role Of Policy & Advocacy, Allison Popovits

Political Science & International Studies | Senior Theses

There are several laws in place regarding the legal purchase and possession of firearms in the United States (Giffords Law Center, 2020). There are also laws regarding the prohibited purchase and possession of firearms (Giffords Law Center, 2020). Yet, prohibited persons purchase and possess firearms regularly (Giffords Law Center, 2020). This happens because there are loopholes in the law (Brady United, 2020). For example, federal law requires background checks for gun purchases from licensed firearm dealers, but not at gun shows where sellers may not be licensed. This means that a felon (prohibited purchaser and possessor) buying a gun from …

Public-School Systems Are Criminalizing Our Young People: Giving Voice To The Marganilized, Carrie Stoltzfus

Graduate Theses & Dissertations

A phenomenological qualitative study using Critical Race Theory and counter-storytelling was completed to investigate what K-12 public schools should be doing to keep young people out of the school-to-prison pipeline (STPP). This study took place in a large city in the Mid-Atlantic region of the United States. Interviews were completed with former students of the researcher who were previously incarcerated, educational professionals, and justice system professionals. Additionally, observations of the court systems and document reviews were completed in order to triangulate findings. Themes emerged around factors that lead to incarceration and the preferred practices to support young people to avoid …

A Policy Analysis Of South Carolina Drug Court Legislation: H. 3322 § 302: Drug Court Program Act (2019), Mae Chinnes

Senior Theses

The purpose of this thesis is to examine a piece of drug court legislation currently being considered by the South Carolina Legislature, H. 3322 § 302. An overview of drug criminalization in the United States, its impact, and drug courts are provided. This is followed by a review of the literature on the key programmatic components of drug court best practices, including: target population, incentives and sanctions, management team, and duration. An example analysis of Florida’s Thirteenth Judicial Circuit Drug Court Program policies proceeds the analysis of H. 3322. Parameters of successful drug court legislation and program outcomes are defined …