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Full-Text Articles in Social and Behavioral Sciences

Pre-Report Review Of Body-Worn Camera Footage: An Examination Of Stakeholder Beliefs, Laypeople’S Judgments Of Officer Credibility, And The Consequences For Memory, Kristyn A. Jones Jun 2020

Pre-Report Review Of Body-Worn Camera Footage: An Examination Of Stakeholder Beliefs, Laypeople’S Judgments Of Officer Credibility, And The Consequences For Memory, Kristyn A. Jones

Dissertations, Theses, and Capstone Projects

Aim: This dissertation examines people’s beliefs about police officer access to body-worn camera footage, people’s judgments of officer credibility as it relates to video footage, and the consequences that review of footage has on reporting accuracy.

Rationale: With escalating police-civilian tensions in 2014, American police departments adopted body-worn camera programs. A majority of departments have policies allowing officers unrestricted access to camera footage. Because officers fear that inconsistencies between reports and videos could result in suspicion of officer deceit, they argue that officers should have access to footage before writing their reports to ensure reports match the footage ...


Sex Work Decriminalization And Feminist Theory, Gabriella Mesce Apr 2020

Sex Work Decriminalization And Feminist Theory, Gabriella Mesce

Senior Theses

This thesis explores the history and nuances of sex work and feminist philosophy, especially within the context of commercial sex and feminist legal theory. Through an analysis of four different feminist philosophies that stemmed from the “sex wars” of the 1980s such as abolitionism, neo-abolitionism, decriminalization and legalization and their perspectives on sex work, the belief systems of these perspectives and their relation to feminist jurisprudence, as well as a comparative study of decriminalized sex work in Amsterdam, the capital of the Netherlands and Juárez, Mexico, this research shows the ramifications of decriminalization of sex work on progressive feminism.


At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas Jan 2020

At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas

Open Access Theses & Dissertations

Indigenous Peoples in Mexico have long struggled in securing their rights in colonizing states. Applying party capability theory, this paper seeks to empirically understand the Mexican Supreme Court's behavior in cases pertaining to Indigenous Peoples. This paper thus evaluates the degree to which the Mexican Supreme Court is indeed an impartial actor that produces "equal protection under the law" for everyone (Galanter, 1974). Specifically, this paper examines the questions: To what extent does the Mexican Supreme Court protect Indigenous Peoples' rights? Are Indigenous Peoples legally affected by the power disparity perpetuated by the inequality in the country? This paper ...


Governing The Internet: The Extraterritorial Effects Of The General Data Protection Regulation, Sasa Jovanovic Jan 2020

Governing The Internet: The Extraterritorial Effects Of The General Data Protection Regulation, Sasa Jovanovic

Honors Projects

The advent of the commercial Internet has introduced novel challenges to global governance because of the transnational nature of shared data flows, creating interdependence that may result in inter-state cooperation or competition. Data protection laws that are designed to ensure citizens’ right to privacy are one of the primary tool used by states to extend control over data flows. The European Union’s (EU) General Data Protection Regulation (2016) is widely regarded as the strongest data protection law in the world, and therefore may serve as a barrier to the openness of the Internet. The GDPR is both an instance ...


Public Financing Of Elections In The States, Nicholas Meixsell Jun 2019

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are ...


A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler May 2019

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.


Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head Feb 2019

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute ...


Constraint And Control, Patricia Ayres Feb 2019

Constraint And Control, Patricia Ayres

School of Arts & Sciences Theses

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.


Law Students' Perspectives On Interdisciplinary Education: A Qualitative Study, Kellie Lockemer Jan 2019

Law Students' Perspectives On Interdisciplinary Education: A Qualitative Study, Kellie Lockemer

Williams Honors College, Honors Research Projects

The purpose of this study was to explore law school students’ perspectives on interdisciplinary social work education. For this qualitative study, a purposive sample of current law students (n = 11) were invited to participate in a survey to give their perspectives on their current education and thoughts on interdisciplinary education. The results showed that, although the clinic work was helpful, most law students did not think traditional law classes helped prepare them for client interactions. The students also expressed an openness and desire for more trainings on client interactions. This study’s findings suggest a need for interdisciplinary trainings to ...


How Asylum Policy In France Contributes To A Gap In Perceptions Between French Nationals And Asylees, Caitlin Chenus Jan 2019

How Asylum Policy In France Contributes To A Gap In Perceptions Between French Nationals And Asylees, Caitlin Chenus

Honors Theses at the University of Iowa

Abstract

Asylum seekers in France are suffering both socially and economically due to a legal structure in place that blocks them from obtaining work during the first six months of their asylum claim processing. Interviews conducted during the summer of 2018 with French nationals, refugees and asylum seekers indicates that if asylum seekers were granted access to work after one month or less, negative attitudes between migrants and French nationals would be drastically reduced.

The six month timeline is new. Until September 10th, 2018, asylum seekers had to wait nine months before being allowed to search for work. If lawmakers ...


Who Runs The World: The Impact Of The Gender Of Clerks On The Legal Profession, Taylor Bernstein Jan 2019

Who Runs The World: The Impact Of The Gender Of Clerks On The Legal Profession, Taylor Bernstein

Honors Theses

This paper investigates the role of gender on law clerks from the federal appellate clerks. There has been significant scholarship on the importance of the gender of judges and on the role and influence of law clerks; however, to this date there has been no analysis of how the gender of law clerks may or may not influence the clerkship experience. This honors thesis seeks to address that question and shed light on important aspects of the federal judiciary and the legal profession. I have approached this inquiry through descriptive and qualitative analysis, focusing on law clerks from this millennium ...


Governments' Adoption Of Native Cryptocurrency: A Case Study Of Iran, Russia, And Venezuela, Rose Mahdavieh Jan 2019

Governments' Adoption Of Native Cryptocurrency: A Case Study Of Iran, Russia, And Venezuela, Rose Mahdavieh

Honors Undergraduate Theses

The emergence of digital currency is becoming prevalent in the age of globalization – specifically, cryptocurrencies. Cryptocurrencies and blockchain are two recently discovered concepts currently being explored by researchers and developers. Cryptocurrency is a subset of digital currency that encompasses revolutionary technology, shifting political and economic spheres in nation-states. Certain governments are more prone to the adoption of cryptocurrencies and three comparative case study countries, Iran, Russia, and Venezuela, have shared attributes that result in adoption. Observed factors that result in the adoption of cryptocurrencies include corruption, GDP level, economic volatility, and Western sanctions. These factors will be applied in the ...


Central California's Juvenile/Dependency And Criminal Courts' Treatment Of Parent-Child Contact, Cheryl Oslinker Spano Jan 2019

Central California's Juvenile/Dependency And Criminal Courts' Treatment Of Parent-Child Contact, Cheryl Oslinker Spano

Walden Dissertations and Doctoral Studies

Parties to a legal action of child abuse can be prosecuted criminally as well as charged with allegations within the jurisdiction of juvenile/dependency court. This can lead to seemingly conflicting goals regarding contact and visitation between the two parties (victim and defendant; child and parent). In essence, restraining orders or visitation orders from one court can contradict the case goals of another court. The purpose of this qualitative case study was to (a) determine if there is a pattern of inconsistent goals in cases of concurrent jurisdictional child-abuse cases, (b) evaluate the effect of conflicting court orders on each ...


Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao Jun 2018

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao

Honors Theses

Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years ...


The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto May 2018

The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto

Student Theses 2015-Present

Abstract

We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in ...


Palestinian Labor In West Bank Settlements, Ethan Morton-Jerome May 2018

Palestinian Labor In West Bank Settlements, Ethan Morton-Jerome

Theses and Dissertations

Since the late 1970s, Palestinians have worked in West Bank settlements, with approximately 30,000 to 40,000 Palestinians currently employed in construction, factories in industrial zones, and plantations. My analysis of Palestinian labor on the settlements begins with the historical, political, legal, and economic context of Palestinian labor in three jurisdictions: in Israel, on the settlements in the West Bank, and in PA-controlled Area A. Fundamental to the analysis is to go beyond the restrictions of nationalist discourse to recognize both intranational tensions and that labor exploitation occurs in all jurisdictions. My fieldwork and analysis were conducted over three ...


Race And Gun Violence In The United States: A Case Study Of Policy Reform In Missouri, Morgan C. Williams Jr May 2018

Race And Gun Violence In The United States: A Case Study Of Policy Reform In Missouri, Morgan C. Williams Jr

Dissertations, Theses, and Capstone Projects

Gun violence remains an important contributor to racial differences in mortality within the United States. Despite the existence of these significant racial disparities in firearm homicide victimization, the relationship between gun control policy and racial disparities in homicide remains largely unexplored within the empirical crime literature. Previous research suggests that access to secondary firearm markets serves as a salient contributor to local gun violence with the regulation of private firearm sales falling exclusively within state-level jurisdiction. The role of state-level background check requirements for private firearm sales in reducing gun violence remains controversial in both the empirical literature and gun ...


From Invisibility To Liminality: The Imposition Of Identity Among Non-Federally Recognized Tribes Within The Federal Acknowledgment Process, Christopher M. Drake Jan 2018

From Invisibility To Liminality: The Imposition Of Identity Among Non-Federally Recognized Tribes Within The Federal Acknowledgment Process, Christopher M. Drake

School of Arts & Sciences Theses

This thesis discusses the imposition of a “liminal” identity among non-federally recognized American Indian tribes pursuing federal recognition through the Federal Acknowledgment Process. By requiring a tribe to simultaneously appear as both intelligible/similar to and distinctive/different from American society, the “liminal” identity fails to be maintained, barring a tribe’s recognition.


Asilo Para Las Mujeres: The Hesitation To Recognize Women As A Particular Social Group Under U.S. Asylum Legislation And Its Effects On The Central American Migrant Crisis Of Women, Yamilet Eliezet Cortes Gil Jan 2018

Asilo Para Las Mujeres: The Hesitation To Recognize Women As A Particular Social Group Under U.S. Asylum Legislation And Its Effects On The Central American Migrant Crisis Of Women, Yamilet Eliezet Cortes Gil

Senior Projects Spring 2018

Under U.S. Asylum Law a person can seek protection by proving that they have been subject to persecution on account of their : 1) political opinion 2) race 3) religion 4) nationality 5) membership in a particular social group (Nexus)[1]. The Board of Immigration Appeals (BIA), Federal Circuit Courts, and the Supreme Court continue to hesitate to establish “women” as a particular social group that faces persecution. The current Central American migrant crisis of women is the first challenge of this magnitude to U.S. asylum law rethinking its stance on qualifying women as a particular social group. I ...


Flap Of A Butterfly's Wings, Gary E. Rotter Ii Jan 2018

Flap Of A Butterfly's Wings, Gary E. Rotter Ii

Dissertations and Theses

The goal of this thesis is to draw attention to the often overlooked work that is done by activists and their networks when it comes to influencing international policy and law. The case study looks at the “Comfort Women” issue, an unresolved conflict from when the Japanese Imperial Army forced women from its colonies into sexual slavery during World War II. It is a fiercely debated topic throughout Asia, specifically between South Korea and Japan. Here I argue that not only do non-state actors have great influence over the debate and direction this issue takes in international forums, but that ...


Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis Jan 2018

Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis

Theses : Honours

In 2015, New South Wales introduced a legislative reform termed DVEC, which made admissible as evidence in chief, visually recorded statements from domestic violence complainants. Unlike other pre-recorded evidence, DVEC is captured at the scene of the incident, shortly after the event. The impetus for implementing DVEC was to overcome the issues identified with prosecuting domestic violence offences owing to the power imbalance in the relationship and the vulnerability of the complainant. In Western Australia, visually recorded statements from children and those with mental impairment are presently admissible for the same underpinning reasons. Police prosecutors and defence counsel participated in ...


A Case Study Of Overcrowding In A County Jail In The Southeast United States, Marquice Robinson Jan 2018

A Case Study Of Overcrowding In A County Jail In The Southeast United States, Marquice Robinson

Walden Dissertations and Doctoral Studies

For the past several decades, the county jail in a large metropolitan city in the southeast United States has been overcrowded, which has resulted in violence within the jail, excessive costs to the Sheriff's Office, and a requirement of Federal oversight of the jail from 2005 to 2015. In spite of these events, little is understood about why jail overcrowding is prevalent in the county and what impacts overcrowding may have on the communities around the jail. Using Shaw and McKay's social disorganization theory as the foundation, the purpose of this case study was to understand the unique ...


A Public Humanity: The Application Of Isotopic Analysis To The Intersection Between Body And Law At The Milwaukee County Poor Farm Cemetery, Shannon Kate Freire Dec 2017

A Public Humanity: The Application Of Isotopic Analysis To The Intersection Between Body And Law At The Milwaukee County Poor Farm Cemetery, Shannon Kate Freire

Theses and Dissertations

The Milwaukee County Poor Farm Cemetery is an umbrella term used to describe the four cemeteries that were used by Milwaukee County from 1878 through 1974 for the burial of the indigent, unclaimed, institutionalized, and anatomized. Three of these cemeteries remain undisturbed. The primary focus of this research is the twice-excavated Cemetery II (Wisconsin Burial Site 47BMI0076), in use between 1882 and 1925. Archaeological excavations in 1991-1992 and again in 2013 resulted in the recovery of over 2,400 individuals from this cemetery location.

In Wisconsin, legislative efforts to govern indigent burial and dissection mediated competing aspirations between medical education ...


Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang Sep 2017

Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang

Dissertations, Theses, and Capstone Projects

This dissertation is a conceptual history of Egypt’s national formation between the 1880s and the 1930s. This period involved the convergence of nationalism, colonial rule, missionary activity, and new modes of governance at the national and international levels. Drawing on state and missionary archival material, periodicals, legal compendia, laws, and parliamentary transcripts, and adapting methods developed by Reinhart Koselleck, I trace shifts within Egypt’s socio-political lexicon through processes of translation and demonstrate their effects upon social experience and political aspiration. I focus on a set of liberal-secular concepts critical to national politics—religious freedom, public interest, nationality, and ...


Connected Courts: The Diffusion Of Precedent Across State Supreme Courts, Abigail Anne Matthews Aug 2017

Connected Courts: The Diffusion Of Precedent Across State Supreme Courts, Abigail Anne Matthews

Theses and Dissertations

State supreme courts are autonomous institutions with significant power. Yet, despite this authority, state supreme courts routinely rely on one another to explain why and how they reached their decisions. This puzzle of why state supreme courts cite each other in their opinions led me to pose two questions. First, under what conditions do state supreme courts cite other states supreme courts? And second, to whom do they turn for guidance? To answer these questions, I propose a new theory for evaluating state supreme court citations, the social learning model. I borrow policy diffusion’s learning mechanism and I pair ...


Getting Somewhere: People V. Turner (2016) And The Efficacy Of Survivor Narratives, Gheorghe L. Williams May 2017

Getting Somewhere: People V. Turner (2016) And The Efficacy Of Survivor Narratives, Gheorghe L. Williams

Capstone Projects and Master's Theses

An examination of the narrative and rhetorical techniques employed in survivor narratives, and how these have been necessitated by legal biases and unjust social and cultural practices.


The Black Women Anti-Defamation Coalition: A Proposal For The Remediation Of The Negative, Controlling Images Of Black Women, Shemar Antonio Taylor Jan 2017

The Black Women Anti-Defamation Coalition: A Proposal For The Remediation Of The Negative, Controlling Images Of Black Women, Shemar Antonio Taylor

Senior Projects Spring 2017

This research sets out to highlight the life-altering degree to which negative, domineering depictions of Black women has had and continues to have on their livelihood and also to argue that due to their systemic inability to control and craft their own reputation, this should be categorized as a human rights violation and enforced on the grounds of defamation law. Although I am not a Black woman myself, as a Black man who was raised by three Black women, I have seen first hand the importance of proving this point. Many Black women scholars, many of whom I will be ...


Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner Jan 2017

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division ...


Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively Dec 2016

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical incidents and ...


Statelessness And Human Trafficking: A Case Study Of Haitian-Dominicans, Anabel Reyes-Ovalles Jun 2016

Statelessness And Human Trafficking: A Case Study Of Haitian-Dominicans, Anabel Reyes-Ovalles

Honors Theses

This thesis explores whether stateless persons are more vulnerable to human trafficking and why. My primary example will be the 2013 Dominican Republic Supreme Court ruling, which rendered Haitian-Dominicans stateless. To understand current Dominican Republic-Haiti relations, this thesis addresses contentious historical accounts of these countries’ relations, particularly from the 1960’s to 2015. This case study will focus on the vulnerable relationship of citizens to a state, specifically the vulnerability of defacto statelessness versus dejure statelessness. I argue that dejure statelessness is a particularly severe condition that contributes to human trafficking. This thesis draws upon both primary and secondary sources ...