Social and Behavioral Sciences Commons^™

Citizens United, The Marketplace, And Influence, Corin Shanti La Pointe-Aitchison

USF Tampa Graduate Theses and Dissertations

This study analyzes the rationale used by the Supreme Court in the 2010 case, Citizens United v. Federal Election Commission. The majority opinion and dissent were dissected and scrutinized for any weaknesses. After careful review and comparison with First Amendment theories and scholarly articles, it was found that the majority opinion and final decision were poorly reasoned and created a dangerous political communication landscape and a weakened Marketplace of Ideas.

Constructing Legal Meaning In The Supreme Court Oral Arguments: Cultural Codes And Border Disputes, Jeffrey Forest Hilbert

USF Tampa Graduate Theses and Dissertations

Culture plays a part in the construction of legal understandings in the Supreme Court contrary to much legal scholarship. The oral argument of the Supreme Court is a unique way for Justices to gather information beyond the formalized briefs and prior written opinions. In the oral argument the Supreme Court Justices utilize cultural codes as tools to probe, shape, negotiate and challenge the legal meanings and boundaries of the case before them. Using the oral argument transcript in a 2010 Supreme Court case on the issue of whether California has the right to censor the sale of violent video games …

Burn, Boil & Eat : An Intersection Analysis Of Stereotypes In The Most Influential Films Of All Time, Roslyn M. Satchel

LSU Doctoral Dissertations

This research builds upon the work of Entman & Rojecki (2001) in examining the ways the most influential movies use racial stereotypes in media frames. The results of this study contribute to the rather limited mass media research and body of knowledge regarding the media content that attracts the largest and most enduring audiences in the new media landscape. As ten of the films that have generated the most revenue, the movies in this sample constitute a genre of movies that are also a prime feature of on-going publishing, cable, internet, digital gaming, DVD, and movie sequel franchises. If, as …

An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck

Graduate Theses and Dissertations

Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform, and …

Navajo Peacemaking And Māori Restorative Justice: A Comparison Of Process And Procedure, Alethia Z. Fenney

Regis University Student Publications (comprehensive collection)

Due to the failure of some crime control approaches in law enforcement alternatives are being examined to determine their applicability in today's society. One of the approaches gaining criminological attention is "Navajo Peacemaking". another similar style of crime control is the Māori restorative justice process used in New Zealand. The purposed of this research study is to examine and compare these processes to determine their applicability as crime prevention tools in U.S. towns and cities. Walter Miller's Focal Concerns Theory was used to address the difference in motivation between mainstream culture and its subcultures. The results from this study demonstrated …

Access To Spatial Data: The Political Power Of Legal Control Mechanisms, Patrice A. Day

Theses and Dissertations

According to the U.S. Supreme Court (Island Trees School District v. Pico, 457 U.S. 853, 1982), the Constitution presupposes that the free flow of information between the government and the public is essential to maintaining an informed citizenry, which in turn is essential to holding governments accountable. However, local governments are increasingly using various legal mechanisms to limit public access to geographic information (GI), and this in turn can potentially disrupt this balance. Licensing and copyright are two such mechanisms that local government agencies are using to limit GI access and distribution.

If information is power, whoever controls information, controls …

Effects Of Gender Composition Of Target And Sender Dyads On The Tendency To Infer Lies, Byron J. Simoneaux

Doctoral Dissertations

Lying is so common in human behavior that some have labeled it a social skill. Despite the ubiquity of lies, humans have consistently been found to be poor lie detectors. Attempts have been made to improve the accuracy of human lie detection. Unfortunately, the most successful training only improves accuracy slightly above the level of chance. Because of its importance to society, considerable effort has been aimed at developing methods to help determine when people are lying. Researching how and why humans infer that another person is lying has the potential to advance the understanding of lie detection. Researchers have …

The Fourth Amendment After The Usa Patriot Act: Cross-State Comparison On The Effect Of Ideology And Partisanship In State Legislation Of Anti-Patriot Act Resolutions And Wiretapping/Eavesdropping Laws, Zoe Atlas

Honors Theses

The USA Patriot Act, passed in September 2001, changed the standards of Fourth Amendment rights and protections. The USA Patriot Act gave more authority to the government and diminished the rights and privileges given to individual citizens. An eruption of Fourth Amendment legislation and cases arose in the states following the passage of the act and it created a problem for policy and implementation. The legislation presented, for the USA Patriot Act and wiretapping/eavesdropping laws, demonstrated the differences in opinions on these issues on the individual state level. These drastic differences in policy between states created a question of why …

Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield

Scripps Senior Theses

Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application …

Temporal Shifts In Weapon Focus: Comparing Retrograde And Anterograde Effects, William Blake Erickson

Graduate Theses and Dissertations

When an eyewitness suffers an impairment of memory for a criminal's face because the criminal used a weapon during the commission of the crime, this impairment is called the weapon focus effect. Literature provides two explanations for how this effect arises: some implicate the narrowing of attentional cues to the weapon during the commission of a crime because arousal of the victim increases, while others claim that the weapon is merely a novel object in most everyday contexts, and novel objects demand more attention than contextually appropriate ones. The current study employed a simulated crime paradigm taking place in a …

Natural Rights And Equality: The Case Of Injustice In The Senate, Adrian Acosta

Open Access Theses & Dissertations

This thesis seeks to demonstrate that the Senate, as it is composed, goes against America's basic ideas of equality. First it examines the foundation of America's ideas of justice and natural rights. This is done by examining both Hobbes and Locke and how they helped influence America's ideals and, more specifically, how equality became a natural right. After that, it takes on whether or not these ideas are still valid to this very day. The thesis proceeds by examining the documents that helped form America and the system of government that got instituted after the second constitutional convention. Subsequently, it …

Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala

Graduate Doctoral Dissertations

The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered …

Climate Torts And Ecocide In The Context Of Proposals For An International Environmental Court, Patrick Foster

Dissertations and Theses

"This thesis is an exploration of two questions that are neither novel nor lacking in exploration: Is an International Environmental Court (IEC) needed? Is such a court feasible? Proposals for an IEC have a rich history, are well founded and numerous. On the issue of necessity, this thesis attempts to pull together historical and current information on two distinct areas of international environmental law and use these analyses to contextualize the need for an international environmental tribunal. Arguments for and against an IEC are presented within a discussion of environmental diplomacy. This thesis begins with a legal discussion of potential …

A More Global Court? Judicial Transnationalism And The U.S. Supreme Court, Angela G. Narasimhan

Political Science - Dissertations

For many decades, Supreme Court justices and legal scholars have argued over the validity of different tools in constitutional interpretation, including social science data, public opinion and, most recently, laws and standards of decency from abroad. Although several of those currently on the bench maintain that foreign laws have no place in American constitutional adjudication, the larger universe in which their institution operates has become increasingly transnational since the end of the Cold War. The term judicial transnationalism has been coined to describe this phenomenon, characterized by unprecedented levels of interaction and exchange between foreign courts and legal activists. This …

A New Experiment On Rational Behavior, Myles R. Macdonald

CMC Senior Theses

Behavioral economics is widely recognized as a rising field in economics, one whose discoveries and implications are not yet completed or understood. At the same time, economic theory plays an enormous role in our governmental and legal system. In particular, the Coase Theorem and its implications have affected nearly every area in the field of law and economics. This paper proposes a experimental test of Coasean bargaining in situations using two competitive players whose payoffs depend on minimizing their costs of mitigating the externality. A rational player’s action can be predicted ahead of time, and the rationality of the game’s …

Library Anxiety Of Law Students: A Study Utilizing The Multidimensional Library Anxiety Scale, Stacey L. Bowers

Electronic Theses and Dissertations

Abstract

The purpose of this study was to determine whether law students experienced library anxiety and, if so, which components contributed to that anxiety. The Multidimensional Library Anxiety Scale (MLAS) developed by Dr. Doris Van Kampen was used to assess library anxiety levels of law students. The MLAS is a 53 question Likert scale instrument that measures the construct of library anxiety. Participants in the study were law students enrolled in a private Midwestern university during the 2009-2010 academic year who completed the survey instrument.

Law students are a unique graduate school population who undergo an extremely rigorous and competitive …

Qualitative And Quantitative X-Ray Diffraction Analysis For Forensic Examination Of Duct Tapes, Rebecca E. Bucht

Dissertations, Theses, and Capstone Projects

Duct tapes are an increasingly important class of forensic evidence. This research has studied the value of using x-ray diffraction (XRD) to extend the ability of evidence examiners to gain additional information about a duct tape specimen.

Duct tapes are composed of five different layers. Starting from the non-adhesive side, these layers are the release coating, backing, scrim, primer and adhesive. The release coating assists in reducing unwind tension and preventing the tape from sticking to itself when on a roll. The backing layer serves as a support for the adhesive, and is usually based on polyethylene. The scrim is …

Evaluating The Deterrent Effect Of Capital Punishment On Crime, Permiterio Leocadio

Dissertations and Theses

Many researchers, academics or philosophers see capital punishment as a deterrent to crime. Several states in the United States apply the death penalty to try to reduce crime. Other states do not agree with the application of this repressive law arguing that a crime should not be solved with another crime. From a theoretical view, the principal point of analysis about capital punishment in this present work is to state that capital punishment can reduce crime. Here also it will be examined some of the collateral consequences of the application of capital punishment, and its implications for the Criminal Justice …

Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark

Theses and Dissertations

The conflict between the First Amendment and the Sixth Amendment is not new nor is it easily decipherable. Both amendments appear to have absolute priority, yet they appear to conflict (Erickson, 1977). The First Amendment declares unequivocally, "Congress shall make no law...abridging the freedom of speech, or of the press[,]" while the Sixth Amendment states with equal force, "In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." (U.S. Constitution, Amendment I, Amendment VI). Free speech and an unrestricted …

Religion, The Law And The Human Rights Of Women In The Middle East: A Quantitative Analysis, Tyra Murielle Bouhamdan

Political Science Theses

The human rights of women in The Middle East and North Africa (MENA) have been a subject of unresolved debate among sociologists, economists, and political scientists alike, as this region’s gender related human rights performance remains uniquely weaker compared to other geographic regions in the world. Most notably, the human rights of women in the region have been lagging in the area of family law. The following paper assesses gender inequity in the MENA region from a legal perspective, with a focus on family law and legal pluralism, and with the intent to shed light on domestic legal institutions as …

An Analysis Of Marine Protected Areas Legislation In The Caribbean Lesser Antilles, Barry James Bleichner

LSU Master's Theses

Historically, marine resources and ecosystems were believed to be limitless and exploitation of those resources occurred with little regard to future consequences. Recent studies suggests that this belief is misplaced, as research indicates that many of these marine resources face extinction if protective measures are not implemented soon. Marine protected areas, or MPAs have garnered increasing attention as a means to effectively protect and conserve marine resources. Establishment and management of marine protected areas typically require implementing legislation in order to provide a legal basis for enforcement of MPA rules and regulations. The intent of this research was to determine …

The Spirit In The Law Podcast: Testing The Democratization And Audience Behavior Of New Media Broadcasting, Scott Lin Lunt

Theses and Dissertations

This project summary presents the details of a podcast project conducted from April to December of 2006. The project consisted of the creation of a new Internet-based audio interview show entitled Spirit In The Law. The interviews were delivered to listeners who requested the shows via the Internet, and were available to a targeted audience of law students in the United States and abroad. The show featured interviews with 20 notable attorneys and professionals who answered questions regarding spiritual values in their professional practice. The project was informed by two theoretical frameworks: New Media theory and Situational Theory of Publics. …

Occupational Nepotism Among Law Firms: A Study Of Nepotism Beyond Anecdotal Evidence, Tracy L. Stout

MSU Graduate Theses

Although nepotism is not a new subject, there are not many studies addressing the psychological issues associated with the phenomenon, particularly in the workplace. The idea of “new nepotism” has emerged with the notion that some offspring have chosen the same profession as their parents, and have not been forced into a career decision or made an opportunistic decision regardless of their ability to perform. The purpose of this study was to explore workplace nepotism using an empirical research approach. Using a career choice and self-determination theory framework, a survey was devised and sent to 673 practicing attorneys in a …

"Don't Pooh-Pooh Our Poo Poo": Penalty, Subsidy, And Refusal To Fund In The Aftermath Of National Endowment For The Arts V. Finley, James Gaddy

LSU Master's Theses

Legal scholars said the National Endowment for the Arts v. Finley decision would create a "chilling effect" in government subsidy programs, and it unlawfully expanded the government speech doctrine. By analyzing cases that subsequently use Finley for a substantive part of their rationale, this article argues the opposite: the courts have rejected the government's attempts to interpret the decision as one that allows viewpoint discrimination and have not allowed the government to further a broad reading of the decision. The article also argues that, under the government speech doctrine, Finley provides the controlling precedent for truly "hybrid speech" cases where …

Does Expert Evidence Pertaining To Battered Woman Syndrome Influence Juror Verdicts?, Clare E. Shannon

Theses: Doctorates and Masters

This research investigated whether expert evidence pertaining to Battered Woman Syndrome (BWS) influences juror verdicts the legal requirements of self defence (imminence, proportionality and an attempt to retreat from the situation) are generally not met in cases where battered women kill their partner: The killings do not immediately follow the attack, the force used is not proportionate to the attack and there is often no previous attempt to retreat from the situation. BWS expert psychological evidence has been admitted by Australian Courts to provide jurors with an alternative perspective for determining whether a woman's actions were reasonable in the given …

Lifting The Bar : Leadership In The Attorney-Client Relationship, Dennis C. Barghaan

Honors Theses

VA State Senator Mark Earley, a lawyer by trade, addressed the Norfolk-Portsmouth Bar Association in October 1995, and claimed that the profession, in order to survive, must engage in both serious talk and sincere action. As a result, much of the negative feeling about lawyers within American society will begin to change as the public sees attorneys for what they should be -- leaders in their everyday interactions with clients.

Rape Law Reform's Limits, Beth Ann Richman

Honors Papers

The first that I will explore is the criticism of the wording of the law. Defining the crime of rape was seen as vital, in that, in many states it was impossible to get a conviction for certain types of sexual assaults, simply because statutorily they did not exist (Chappell. 1976). The second aspect of rape reform theory that I will review is the arguments that attempt to prove that rape is similar to other forms of criminal assault. This body of thought fits into an equality based argument that has been championed by some feminist legal theorists that deal …

Picking Up The Principles: An Applied Linguistic Analysis Of The Legal Problem Genre, Colin J. Beasley

Theses: Doctorates and Masters

Legal study requires not only the learning of new content, but also the learning of a new academic discourse with its own lexico-semantic, syntactic, and discoursal features. This thesis explores the answering of legal problem questions as an important and distinct new genre that undergraduates studying law units need to achieve competence in. In order to delineate the general features of this genre, systemic functional linguistic (SFL) analyses were performed on a series of texts (a tutorial question, an assignment question, and an examination question) written by lecturers in the introductory Commerce course Principles of Commercial Law as exemplars of …

A Practical Reference For Students, Parents, And District Employees For The Governing Of Sterling Middle School, Debra J. Lacy

All Graduate Projects

A study was conducted of several aspects of Washington State Law, including portions of the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), plus an in-depth study on search and seizure rights of the school. The search and seizure study was limited to locker searches by school personnel. The study primarily included relevant aspects of school attendance, bus behavior, corporal punishment, student discipline, student and school property, student dress, search and seizure, and first amendment issues (i.e., publications by students). From this study, an in-depth handbook was produced for use by school administrators and students of Sterling Middle …

Extra-Legal Factors In The American Legal System, Peter W. Mayer

Honors Papers

The laws of the United States have been written over time with the intention of providing a framework for fair, legitimate, and uniform legal decisions to be made. Laws attempt to provide national tranquility by providing channels of punishment for those who disobey them. At the same time laws in the United States attempt to avoid any conflict with differing cultural values present in our nation. The laws of the United States are intended to function without regard to the race, sex, or religion of the defendant, complainant, or attorneys involved. Laws themselves cannot help but embody the cultural values …