Law Commons^™

Evaluating A Test For Shedding Propensity Using Tape Lifts From Different Skin Locations, Xiao M. Chen

Student Theses

The shedding propensity of a person can assist data interpretation in casework when assessing the possibility of passive transfer for DNA analysis. Past studies on shedding propensity evaluated palmar skin (washed and unwashed) deposits. This study compared different skin locations with respect to shedding propensity, and explored the potential of tape-lifts as a skin surface collection method. Eight different skin types and samples were collected with adhesive tape disks from 28 participants over three non-consecutive days; the washed and unwashed fingers from both hands, toe, and arm, neck below ear, and nape. Samples were extracted, quantified, amplified, genotyped, and evaluated …

Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta

Theses and Dissertations

People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

Finding Neverland? Artificial Intelligence And The Jurisprudence Of Legal Certainty, Omar Zaky

Theses and Dissertations

The development of artificial intelligence (AI) models that are capable of predicting the decisions of prominent courts – most notably the European Court of Human Rights and United States Supreme Court – provides us with an opportunity to revisit important jurisprudential debates regarding the quest for legal certainty. Through providing clear distinctions within formalistic jurisprudence, and its, subsequent, realist critique; this thesis seeks to analyze legal decision-making and its relationship with artificial intelligence. I argue that, AI’s deterministic nature and its support for the law being an “entirely self-contained process” does lend some credence to certain jurisprudential arguments. However, this …

Ley Olimpia: Examining Policymaking Around Digital Violence, Andrea Alejandra Capella-Castro

Undergraduate Honors Theses

The topic of this thesis is policymaking and regulations around digital gender violence. This work intends to examine what methods effectively regulate and eradicate Online-Gender Based Violence (OGBV), a new type of Gender-Based Violence (GBV). Effective policymaking for the digital space has a significant impact on our society and especially on women as they remain the most objectified, attacked, and harassed on social media platforms. Therefore, social media needs an effective policy to address digital gender violence. Furthermore, the topic is relevant because policymaking around digital gender violence will advance the feminist movement’s fight and protect women and social media …

“The New Pinkertons”: Anti-Union Consultants And Surveillance Tech Thwart Organizing, Jo Constantz

Capstones

In 2020, just 6.3% of U.S. private-sector workers were union members, despite the fact that 68% of Americans approve of labor unions, the highest since 1965, and nearly half of non-union workers say they would join.

After World War II, wage growth kept pace with GDP growth, but then began to diverge in the 1970s, according to a study by the RAND Corporation. After 1975, incomes of the bottom 90% rose more slowly than the economy as a whole, while incomes of the top 10% grew faster. The declining wage growth coincided with and is closely related to a drop-off …

Reducing Opioid Related Deaths And Improving Rehabilitation Access Through The Elk Grove Village Cares Program: A Program Evaluation, Rebecca Barron

Doctor of Nursing Practice (DNP) Manuscripts

Abstract The goal of the Elk Grove Village Cares program is to decrease the deaths and overdoses of those who abuse opioids through harm reduction strategies and provide access to treatment. The article is a program evaluation of the Elk Grove Village Cares program. Surveys, interviews and the synthesis of program data is used to evaluate the efficacy of program activities. Results: The rate of death from opioid use has decreased an average of 1.7 deaths since program implementation in 2018. Law enforcement officers (LEO) and the community responded similarly to many survey questions regarding attitudes surrounding addiction. Within the …

On The Cusp Film, Rommel H. Ojeda, Rommel H. Ojeda

Capstones

On the Cusp film follows the story of Dreamer Erika Apupalo, who immigrated to the United States at the age of 9. Her story is one that represents the determination that Dreamers or DACA-recipients have to achieve the American Dream (freedom), while dealing with the physical limitations of being out of status, and having to deal with the uncertainty of what could happen if she went back to her country. Taking place in 2006 in Tigualo, Ecuador, Erika takes us through her journey of migrating to the United State. “I remember the immigration officer asking me questions”, says Erika, who …

Life Without Parole Is Replacing The Death Penalty -- But For Those Who Don’T Have The Possibility Of Parole, Their Future Is Bleak., Jessica Lerner

Capstones

Across the country, life sentences are increasingly being used to replace the death penalty, according to a recent study by The Sentencing Project. Nearly 162,000 people are serving life sentences – one out of every nine in prison, the study found – and for those like Darrell Powell, who don’t have the possibility of parole, their future is bleak.

https://jlerner.exposure.co/life-without-parole-is-replacing-the-death-penalty?source=share-jlerner

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/

Hslda Concerned With More Than Just Homeschool, Griffin S. Kelly

Capstones

My capstone is just one piece of a greater investigation into homeschooling in America. For my piece, my colleague Keith Medelis reported on the Home School Legal Defense Association, a premiere homeschooling advocacy group that provides legal advice to its members and lobbies against any regulations they find restrictive to the homeschooling process.

Our goal was to see exactly what their mission is because beyond homeschooling, the HSLDA advocates for small government, religious (mainly Christian) freedoms and protecting its members from child protective services.

A review of 84 court cases revealed that the HSLDA has occasionally engaged in legal battles …

America's Homeschool Lobby, Harrison Parker

Capstones

An NYC News Service examination of public filings and other documents shows the HSLDA and its state allies, while pushing to increase homeschooling, simultaneously pushes for legislative changes that have seemingly nothing to do with homeschooling -- in the past year alone, it has been fighting vaccination requirements, opposing a national child abuse registry and limiting the ability of children to get medical treatment.

Link: https://harry-parker.com/2022/01/16/homeschool-lobby/

A Workers' Paradise: Re-Integrating Newfoundland Into Colonial American History, Elena Hynes

Electronic Theses & Dissertations

The island of Newfoundland is conspicuous in colonial British and North American histories, most particularly and paradoxically, in its absence, a state of affairs which this study aims to help address. Multiple factors, including a paucity of documentary sources and various historiographic trends, have traditionally contributed to Newfoundland’s marginalization within colonial historical narratives. However, developments in recent years have made Newfoundland’s potential integration into the broader colonial dialogue more feasible including the advent of the Atlantic perspective, the expansion of available sources, and the work of multiple regional historians who have challenged enduring historiographic trends characterizing Newfoundland colonial settlements as …

Law 96 Of 1992, Kari P. Kammel

Archived Theses and Dissertations

No abstract provided.

A Sanctuary World: Understanding The Past, Present, And Future Of Sanctuary Movements, Annaleigh Cummings

Undergraduate Theses

In the late 1970s through the 1980s, sanctuary movements emerged in the United States to support and provide sanctuary for immigrants and asylum seekers without a legal status of U.S. citizenship. This movement has its roots in the ancient church tradition of offering sanctuary to people accused of crimes. Religious leaders offered protection against the government in the name of their beliefs. It is a cycle that has often been repeated throughout history from the medieval European era to abolitionists helping runaway enslaved people in the United States to the contemporary movements existing today. This project explores and analyzes three …

Difficult Of Imagining And Accepting The Other: The Sunni In Iran And The Shi'a In Bahrain, Nermeen Essam Adel Aziz

Archived Theses and Dissertations

The legal basis in Iran and Bahrain whether domestic law or international law regulates and determines the government's attitude and behavior towards its people. At the same time, state's attitude affects the way in which laws are formulated and implemented at the same time. Iran and Bahrain represent two critical examples in addressing the issue of majority and minority rights and the idea of imagining and accepting the other in terms of human rights violations. The inability of imaging the other leads to human rights violations in both states. These violations are committed in one case by a majority towards …

"I Am Not Good Enough For The State Because I Am A Woman": The Feminization Of Poverty, A Violation Of Women's Social Rights?, Masa Amir

Archived Theses and Dissertations

This thesis explores the conception of the feminization of poverty, the notion that women experience a higher incidence of poverty than men, that women are prone to suffer more persistent/long-term poverty than men, that women's disproportionate burden of poverty is rising relative to men, that women face more barriers to lifting themselves out of poverty, that the â feminization of poverty' is linked with the â feminization of household headship,' and that women-headed households are the poorest of the poor. Seeing that poverty has been defined as capability deprivation that prevents individuals from leading the kind of life they have …

Binary Variations On An Unfortunate Theme: Towards A Sustainable Analysis Of Human Trafficking, Matthew Dompier

Archived Theses and Dissertations

The current state of international law and human rights provide a rich context for a critique of the discourse of human trafficking: how the discourse is framed, how it is used and what the effects of this use are. This research suggests that the discourse of human trafficking is often employed in a binary, dualistic manner in its framing, conceptualization and common manifestations. The binary determination of human trafficking as a human right violation or a crime was particularly evident in the negotiating process for the definition of human trafficking contained in the UN Trafficking Protocol, which represented an opportunity …

Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih

Archived Theses and Dissertations

One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …

Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch

Archived Theses and Dissertations

The detention of migrants and asylum-seekers on administrative grounds is common practice in Germany and Austria. Administrative detention in migration settings mainly aims at facilitating deportation procedures but can also lead to deterrence. A definition for deterrence in pre-deportation detention settings is developed in this paper and applied to three German and three Austrian court cases. In this way, it is possible to show how deterrence occurs and what it looks like. Broad discretionary powers and insufficient training for law enforcement agents, such as the immigration police, as well as vague standards and procedures, play a role in the occurrence …

Durable Solutions For Stateless Persons In Egypt, Kelly Mcbriide

Archived Theses and Dissertations

This piece focuses on stateless persons outside their country of origin/habitual residence who are now in Egypt. A number of stateless persons have been detained because of their illegal entry into Egypt, and because of their lack of deportability, their detention becomes indefinite. There are also a number of stateless persons who are not under the protection of the UNHCR Cairo living in Cairo, who are at risk of indefinite detention because of their lack of documentation. This is a critical analysis of the UNHCR's role in implementing their mandate, and also an understanding that ultimately it is up to …

Defining The End Of New Wars, Jeroen Jansen

Archived Theses and Dissertations

New wars are defined by their innate disposition to blur distinctions and human rights violations while structurally undermining the enjoyment of human rights. These wars are self-fueling human rights cataclysms that destroy society and its social contract by blurring the distinction between government, army and people. These characteristics prolong into what is perceived as post-conflict and blur the distinction between war and peace. The lack of acknowledgment and understanding of these characteristics among the actors who provide relief and seek resolution to the conflict undermines the effectiveness of their actions and the coordination among them resulting in aid gaps. The …

Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir

Archived Theses and Dissertations

The recognition and protection of the right to strike have seen huge developments since the beginning of the twentieth century. The traditional basis upon which this right was based on the international arena and in national jurisdictions is one that views the right to strike as an essential tool in the hands of workers and their representative organizations to strengthen their bargaining power against employers, which means that the right to strike is one of economic and social rights enjoyed by humans in their capacity as workers. Yet, there are calls for widening the basis of recognition of this right …

Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel

Archived Theses and Dissertations

The long-running controversy in international refugee law over the concept of safe third countries is particularly challenging when refugees migrate irregularly from urban settings. While urban-based refugees often face a distinct set of human rights violations, the complexity that characterizes how these abuses fit into the larger picture of urban poverty and state ineffectiveness, combined with continued ambiguity concerning the minimal standards of protection necessary to allow a state to return a refugee to a first country of asylum, allows receiving states to deny protection obligations by relying on the argument that the hardships compelling movement, if they did not …

Doers Not Dreamers: Supporting Un-Daca-Mented Students After College, Fatima Perez Murguia

Capstone Projects and Master's Theses

Thinking about life after college can be exciting. However, for some, it can be a scary and uncertain time. The focus issue addressed in this Capstone Project is on how to support undocumented college students better to prepare them for life after graduation. This is an important issue for undocumented college students because they are working hard to earn their degrees but cannot get a job in the fields they are prepared for. An evidence-based argument is made that investment should be made in the future of undocumented students, as they are well prepared and qualified to take on jobs …

Collateral Damage: How Expanding Public Charge Policy Influences Adult Esl Enrollment, Allison M. Eckert

Master's Theses

This study used statistical analysis of enrollment records for ESL programs at community colleges throughout California from 2015-2019 to determine whether adult immigrants’ participation in public ESL programs was reduced under President Donald Trump. Immigrant families’ lesser use of public education services and means-tested federal benefits has been widely documented in the wake of Trump’s expansion of the public charge rule, which counted immigrants’ use of a wider array of public benefits against their case for residency in the United States than had any previous iteration of the rule. Failing the public charge test can block an immigrant’s entry into …

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent changes in VAWA allows tribes – for the first time – to prosecute non-Indians for intimate partner violence. In order to do so, however, tribes have to first meet specific federal mandates. Implementation of federal regulatory policy by American Indian tribes is a dynamic and complex process but there is a dearth of information on the challenges tribes face or on factors that would facilitate successful implementation at the tribal level. This legislation has filled a serious gap in tribal jurisprudence but not all tribes are able to meet requirements, which include having specific legal codes and justice resources. …

East Tennessee State University Student Perceptions Of Gun Legislature, Brieann Boyle

Undergraduate Honors Theses

Many Americans are pushing for legislation supporting increased gun control; however many critics argue that increasing gun control will limit Americans’ rights as defined in the Second Amendment. With Tennessee’s passing of the Constitutional Carry, the researcher found it relevant to build on past research and to evaluate East Tennessee State University students’ perceptions of current Tennessee gun legislation in the light of this new act. East Tennessee State University students were surveyed in-person about their perceptions and knowledge of the current Tennessee gun legislation and support for gun control. No significant relationship was found between major and knowledge of …

Arbitrating Copyright Disputes In Egypt, Islam Mohamed

Maurer Theses and Dissertations

Egypt is witnessing increasing difficulty in implementing and practicing protectionist policies for intellectual property rights, which includes copyright as a fundamental element. Since the Egyptian judicial system is exclusively concerned with adjudicating all disputes, it has become increasingly burdened in recent decades due to this monopoly. As a result, the Egyptian judiciary is witnessing a significant slowdown in resolving conflicts and procedural obstacles which delay the restitution of Intellectual property rights to its owners. Thus, we believe that applying arbitration will contribute to resolving copyright disputes in advance on one hand and will encourage an attractive climate in such matters …

Improving Veteran Access; Status Of Operations Of The United States Department Of Veteran Affairs Work-Study Program, Kirk Allen

Electronic Theses, Projects, and Dissertations

The usage status of The U.S. Department Veterans Affairs Work-Study Program is examined. Beneficiary numbers from the Global, Unites States, State, and Local/County perspective are reviewed. While of essential value, the program suffers from a lack of scholarly research and government oversight, and is further hindered by restrictive administrative rules lived first-hand. Research suggests that the program is operating outside of accountability to the taxpayer, presents as unnecessarily/overly-restrictive in accessibility, and is underutilized. The program appears to not be serving all veterans to full potential.

The Work-Study Program is codified in Veterans Benefits', Title 38 United States Code, Part III, …