Law Commons^™

Mapping Collaboration: Examining State-Government Alliance In Addressing Specific Child Sexual Offenses, Allison R. Lair

Honors College Theses

Amidst our society, a harrowing reality persists: one in ten children bear the burden of enduring sexual abuse before reaching the tender age of eighteen. Alas, this issue often remains hidden from the societal spotlight due to limitations in offense-specific statistical crime data. Since 1930, the Federal Bureau of Investigation's Uniform Crime Report (UCR) has been the primary resource for annual state-level law enforcement data collection. However, the voluntary nature of participation and the mass categorization of offenses within the UCR methodology, lead to the exclusion of crucial data concerning child sexual offenses. This research explores the dynamics of state …

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs

Senior Theses

Since 2022, at least 21 states have considered, filed, or passed legislation with the goal of banning or limiting drag performances in public spaces or in the presence of minors. These pieces of legislation seek to suppress drag performances on the grounds that they appeal to sexual interests, and they even go as far as to claim that drag performers aim to groom and assault children at their performances. These claims are baseless and vastly misrepresent the true breadth of drag as a performance art and the positive messages it promotes, as well as suggest that bias against the LGBTQ+ …

Law’S Impact On Collaboration: A Three-Case Study Of Federal Advisory Committees Managed By The U. S. Coast Guard, Brian K. Mcnamara

School of Public Service Theses & Dissertations

Much remains to be learned about law’s impact on collaboration. Although law is one of the foundational disciplines of public administration, scholars assert that the field focuses on management principles to the detriment of law. Whether this assertion is correct as a general matter for the field, collaboration scholarship lacks empirical examination of the law’s role in collaboration processes.

This three-case study of federal advisory committees managed by the U.S. Coast Guard examines law’s impact on collaboration through the lens of Thomson and Perry’s (2006) Process Model. A qualitative method is used to capture participants’ perceptions of law and their …

اﻷﻣﺒﻮدﺳﻤﺎن ﻛﺂﻟﯿﺔ ﻧﺤﻮ ﺗﻌﺰﯾﺰ ﺛﻘﺔ اﻟﻤﺘﻌﺎﻣﻠﯿﻦ بجهة اﻹدارة ﻓﻲ دوﻟﺔ اﻹﻣﺎرات اﻟﻌﺮﺑﯿﺔ اﻟﻤﺘﺤﺪة, ﻋﺒﺪاﻟﺤﻤﯿﺪ أﺣﻤﺪ اﻟﻮاﺣﺪي

Dissertations

The Ombudsman Serves as a Mechanism to Enhance Trust in Administrative Entities in the United Arab Emirates

In the midst of governments’ trend towards re-evaluating the relationship with customers by building a partnership relationship between them to achieve common and diverse interests at the legal, administrative, social and economic levels, the researcher sought to find mechanisms that would enhance trust between the government and customers to find alternative solutions to address customer’s complaints and disputes arising from administrative work.

Therefore, the choice fell on the experience of the State of Sweden in establishing the Ombudsman system, which aims to protect …

مبدأ الاقتناع القضائي في ضوء أحكام المحكمة الاتحادیة العلیا, محمد حسن العیدروس

Theses

The Principle of Judicial Conviction in View of the Rulings of the Federal Supreme

The principle of judicial conviction is the main pillar of the theory of criminal evidence, it is not imagined that the criminal judge issues his judgment without basing this judgment on a firm conviction that has no doubt or guess, as it is known that criminal judgments of conviction are based on certainty and certainty, and the principle of judicial conviction represents a major guarantee of reassurance of the validity and integrity of penal judgments and access to justice, and this study dealt with rooting and …

Partners In Crisis: A Phenomenological Exploration Of Collaboration Between Crisis Intervention Team Officers And Mental Health Professionals, Jessica L. Huffman

Counseling & Human Services Theses & Dissertations

Law enforcement officers (LEOs) are often the first responders to crisis situations, which increasingly include mental health crises. Collaborating with mental health professionals and organizations increases the likelihood that individuals will receive a response that is contextually and culturally informed by an understanding of mental health needs and considerations. For this reason, Crisis Intervention Teams (CIT) have been established to train LEOs and to unite efforts with mental health professionals, advocates, and community constituents. While there is existing and ongoing literature exploring the responses provided by CIT, there is limited research on the experiences of CITs related to their unique …

Understanding The Role Of Adverse Childhood Experiences On Resilience In Police Officers, Wayne F. Handley

Counseling & Human Services Theses & Dissertations

Police officers are subject to a variety of stressors not only from job-related events resulting from direct or vicarious trauma exposure (Andersen & Papazoglou, 2014; Brown et al., 1999; Iversen et al., 2008) but also from family and personal concerns (Burke, 1998; Page & Jacobs, 2011), and administrative pressures originating from within their own agencies (Violanti et al., 2018; White et al., 2016). Prior to their careers as police officers, individuals may also be exposed to traumatic events early in life. Adverse Childhood Experiences (ACEs) are described as negative events related to emotional, physical, or sexual abuse or neglect, exposure …

What Explains Male And Female Decision Making To Enter Law? Evidence From A Survey Of Us-Based Undergraduate Students, Abigail Cohen

University Honors Theses

The research conducted in this thesis aims to explain why fewer females than males choose law and pinpoint the explanation as to why they have disparate experiences in the field. The hypothesis is sex discrimination is to blame for the differences among female and male decision making. Sexual harassment and discrimination plays a very prominent role is male dominated fields and discourages females from joining those workforces. The research method for this experiment was an anonymous survey, sent out via social media and email. The survey method was chosen because it was meant to be a quick, yet effective way …

Analysis And Application Of The Offense-Defense Theory: Russia, Ukraine, And History., Kirby Ballard

College of Arts & Sciences Senior Honors Theses

Political scientists and government advisors have long sought to understand what influences conflicts and how to predict them. Despite constant war, a commonly used empirical theory that can answer this question has not emerged. The majority of theories created are either conflict-specific or not empirically testable. Considering these factors, I sought out a theory that would help me better understand Russia's choice to invade Ukraine in the spring of 2022. I selected the offense-defense theory due to its many attempts to explain territorial conquest, the likeliness of conflict, and overall losses. The main focus of the theory is to explain …

Providing Incarcerated Youth With A Community Of Their Peers, Providing Resources, And Modeling Healthy Attachment May Lead To Prosocial Behaviors, Emilee Brnusak

University Honors Theses

This thesis examines the connection between gang activity and attachment style. A summary of literature suggests that childhood attachment injuries lead to antisocial, maladaptive relationships and neurological changes that impact executive functioning and emotional regulation. These factors leave youth at higher risk of gang membership. This thesis then explores how an outreach experience at the MacLaren Youth Correctional Facility inspired a large-scale intervention called Resources for Attachment-injured Youth (RAY) that could be implemented in youth prisons across the country.

Administrators’ Perceptions Of School Resource Officers’ Preparedness To Work With Black Girls, Kashon N. Lopes

Seton Hall University Dissertations and Theses (ETDs)

School safety is a topic of concern across the nation today because images of mass shootings and violence in schools receive heavy media coverage. Different strategies have been enacted to keep people safe including metal detectors, video surveillance, strict discipline policies, and armed personnel. Some of these strategies such as zero tolerance policies and school resource officers have received scrutiny from activist groups such the American Civil Liberties Union because they are attributed with the trend known as the school-to-prison pipeline (ACLU, 2013). This trend poses that strict policies and the presence of law enforcement in schools pushes minority children …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …

Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz

Dissertations, Theses, and Capstone Projects

This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …

Law's Legitimacy: Lon Fuller In A Consequentialist Frame, Daniel L. Feldman

Dissertations, Theses, and Capstone Projects

This thesis argues that Lon Fuller’s approach to jurisprudence offers more important support to the rule of law than has been generally recognized. It argues further that a consequentialist lens allows clearer views of Fuller’s strengths in this regard, despite Fuller’s own resistance to consequentialism and despite consequentialism’s blindness to some of Fuller’s depth and texture. This thesis supplies a formula, although one intended only as a guide to thinking, not for actual computation, to drive judicial decision-making. The inputs into this formula are six values widely shared in the United States, modified by case-by-case salience. Kantian deontology strongly influences …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Making Sense Of Making Parole In New York, Alexandra Mcglinchy

Dissertations, Theses, and Capstone Projects

For many individuals incarcerated in New York, the initial step toward freedom begins with an interview with the Board of Parole. This process, however, is frequently a complex and challenging one, characterized by repeated denials and extended incarcerations. The disparity in outcomes – where one individual may receive over 20 denials and another is granted parole on their first attempt – highlights the ambiguity and inconsistency in the parole decision-making process. This project aims to clarify the factors that influence parole decisions by concentrating on measurable variables. These include age, race, duration of sentence served, proportion of sentence served, type …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …

Paradise Lost: The Effect Of Judicial Review On Congressional Debate, Laura E. Jenkins

Dissertations - ALL

How does judicial supremacy affect constitutional deliberation in Congress? Normative critics of judicial supremacy argue that judicial supremacy warps congressional debate by disincentivizing members of Congress from independently considering the moral and legal issues at stake in legislation. As this dissertation’s quantitative analysis, topic modeling, and qualitative textual analysis show, the Supreme Court’s decision in National Federation of Independent Business v. Sebelius (2012) disincentivized members of Congress from engaging in independent constitutional interpretation and normative argumentation. Before the Supreme Court’s decision in Sebelius, members of both parties debated the constitutionality of the Affordable Care Act’s individual mandate and used constitutional …

Integrated Project Delivery (Ipd): A Contractual Framework For The Egyptian Construction Industry, Sarah Hussain

Theses and Dissertations

This abstract highlight the significant findings and contributions of the study, which aimed to develop model clauses specifically tailored to the Egyptian construction industry for multi-party construction contracts. The research methodology encompassed several key components. Firstly, a comprehensive literature review was conducted to explore the various construction delivery methods prevalent in Egypt. This review provided a solid foundation for understanding the existing practices and identifying areas for improvement. The study also delved into the concept of Integrated Project Delivery (IPD) and its potential benefits as well as an analysis of the commonly used standard forms of contract and successful case …

Mass Incarceration In The State Of Louisiana And Its Impact On The Mental Health Of Incarcerated Men, Samika Treniece Miner

Walden Dissertations and Doctoral Studies

No abstract provided.

Business Proposal Of Online Copyright Protection Platform For Digital Assets, Zehui Feng

MA Projects

Copyright protection is crucial for digital art assets as they are easily replicable and distributable in the digital realm. Without proper protection, artists and creators face the risk of unauthorized use, infringement, and loss of control over their work. Copyright protection ensures that artists receive recognition for their creations, have the ability to monetize their work, and maintain control over its usage. The proposed copyright protection platform aims to provide a comprehensive solution for safeguarding digital art assets. Drawing inspiration from successful platforms like Digimarc, Getty Images, and Copyscape, our platform will incorporate advanced technologies such as digital watermarking, extensive …

Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller

Social Work Theses

The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …

The Development Of Homicidal Behavior In Relation To Life-Course Theory, Rebekah Jensen

Regis University Student Publications (comprehensive collection)

This paper examines the role of life-course theory in order to explain the relationship between individuals developing violent behavior and committing murder. By incorporating evidence from case studies, documentaries, and various forms of criminological literature, I discuss how the development of violent behavior through exposure to risk factors increases the likelihood of developing homicidal behavior. In Chapter 1, I seek to establish this correlation by narrowing the risk factors down to three categories: antisocial behavior, low self-control, and normalization of violence. To further support this correlation, I utilize control theories and learning theories which focus on the development of homicidal …

Lineamientos De Política Educativa Intercultural: Aportes Críticos Desde La Diversidad Estudiantil Indígena En La Educación Superior Convencional En Colombia, Ana María Núñez Henao

Doctorado en Educación y Sociedad

El preámbulo de la Carta Constitucional colombiana de 1991 reconoce que un componente esencial del territorio nacional es la diversidad y, en este orden de ideas, conceptos como la pluralidad étnica, religiosa, de costumbres, tradiciones y formas de vida de la población deben ser transversales en los diversos procesos de desarrollo de la sociedad. No obstante, a pesar de este reconocimiento en el caso de las Instituciones de Educación Superior (IES) se viene presentando una falencia ya que se ha perpetuado la exclusión de las comunidades indígenas al no incorporar en sus planes de estudio la perspectiva intercultural, aduciendo la …

Eroding The Bedrock: The Future Of Public Administration Without Chevron Deference, Rose Keller

Honors Projects

When Congress passes a bill, it produces words on a page. Who decides what those words mean? Historically, the onus of a statute’s interpretation has rested with the federal agencies charged with its implementation. The Chevron doctrine, a two-step standard that affords federal agencies significant latitude in interpreting their own enabling legislation, has been the applicable deference regime in statutory interpretation cases since 1984. Contrary to this tradition, recent Supreme Court jurisprudence has reasserted the primacy of the judiciary in statutory interpretation cases, often ignoring Chevron entirely. In 2023, the Court granted certiorari to Loper Bright Enterprises v. Raimondo, a …

Racial Bias Within Capital Punishment: Instructional Comprehension, Marcus Gadsden

Honors Projects

This dissertation examines the existence of racial bias within capital punishment. Since colonial times discriminatory death sentencing has impacted racial minorities, and despite living in a post-colonial epoch, the United States Justice system continues to produce alarming racial disparities. Consequently, both law reviews and social science journals indicate that race remains a significant factor in criminal trials. So, to what extent does racial bias influence capital punishment trials? Given that it does exist, how can it be alleviated? Through a statistical/qualitative analysis of psychological studies, Supreme Court cases, and jury instructions, this dissertation suggests that implicit cognitive bias continues to …

A Philosophical Look Into The Morality And Legality Of Abortion, Alexis J. Agnew

Honors College Theses

In his Nicomachean Ethics, Greek philosopher Aristotle posits an understanding of ethics and how human life is characterized by the “good.” Aristotle argues that (I) ethics involve humans possessing a rational capacity and specific function; (II) ethics are habitual, and the “doctrine of the mean” is used to gauge proper action; and (III) justice is linked to virtue. A moral issue that can be analyzed through Aristotle’s Ethics, as well as works of contemporary philosophers, is abortion. Abortion has been a controversial topic and has been brought before the Supreme Court to determine its morality and legality. Using …

The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock

CMC Senior Theses

This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …

A Legal Herstory Of Wwii ‘Comfort Women’ — Chapters: Past, Present, And Beyond, Linny Kit Tong Ng

LL.M. Essays & Theses

This paper delves into the legal accountability and historical narrative, which go hand in hand, surrounding the comfort women system implemented by the Imperial Japanese Army during WWII. These women, including my late grandmother from South Korea, were forced into sexual slavery, servicing Japanese soldiers across the Asia-Pacific. Despite being one of the most significant atrocities in history, with victims from 10 countries and between 20,000 to 500,000 individuals, the plight of comfort women remains relatively unheard of.

The politicization of the comfort women movement has been a barrier to both acknowledgment and justice. My grandmother's silence for 80 years …

Esg As A Test Case For The Convergence Thesis In Corporate Law: Notes From India, Rudresh Mandal

LL.M. Essays & Theses

This paper uses four concepts key to the ESG agenda – investor stewardship codes, corporate purpose, independent directors and ESG disclosures – to examine which way the corporate convergence pendulum is swinging in India. It finds that none of the aforesaid concepts are examples of perfect convergence or perfect divergence. Instead, they lie somewhere in the convergence-divergence matrix – India’s investor stewardship codes and framework on independent directors are examples of formal convergence but functional divergence, and her corporate law provisions on corporate purpose and ESG disclosure are functionally convergent, but formally divergent. The dichotomies in the analysis are explained …