Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

History

2016

Theses/Dissertations

Institution
Keyword
Publication

Articles 1 - 26 of 26

Full-Text Articles in Law

Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos Dec 2016

Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos

Master's Theses

This thesis considers the ways in which Armenian history has influenced integration of Syrian-Armenian refugees into Armenia due to the ongoing Syrian War. Ethnic Armenian outlooks were analyzed relative to the influx of Syrian refugees, particularly co-ethnic Syrian-Armenians. Field work in Armenia found a sustained cultural impression of Armenians’ Soviet membership and genocide. Findings suggest that recognizing the importance of history as it may or may not affect migration reception policies and attitudes is important to developing sustainable resettlement environments, at least until repatriation or third-country resettlement becomes an option to migrants. Ultimately, this thesis argues that more attention must …


Different Names For Bullying, Marco Poggio Dec 2016

Different Names For Bullying, Marco Poggio

Capstones

“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …


Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez Dec 2016

Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez

Master's Theses

According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …


"On This, We Shall Build": The Struggle For Civil Rights In Portland, Oregon 1945-1953, Justin Legrand Vipperman Aug 2016

"On This, We Shall Build": The Struggle For Civil Rights In Portland, Oregon 1945-1953, Justin Legrand Vipperman

Dissertations and Theses

Generally, Oregon historians begin Portland Civil Rights history with the development of Vanport and move quickly through the passage of the state's public accommodations law before addressing the 1960s and 70s. Although these eras are ripe with sources and contentious experiences, 1945 to 1953 provide a complex struggle for civil rights in Portland, Oregon. This time period demonstrates the rise of local leaders, wartime racial tensions, and organizational efforts used to combat inequality. 1945 marked a watershed moment in Portland Civil Rights history exhibiting intergroup collaboration and interracial cooperation converging to eventually provide needed legislation. Although discrimination continued after 1953, …


Skin In The Game: Providing Redress For American Sports' Appropriation Of Native American Iconography, Geraud Blanks Aug 2016

Skin In The Game: Providing Redress For American Sports' Appropriation Of Native American Iconography, Geraud Blanks

Theses and Dissertations

To date, legal efforts to eradicate the use of Native American iconography in American sports have focused on the concept of Indian nicknames as disparaging terms and Indian mascots as harmful images. But subjective claims of harm are hard to prove and are often thwarted by First Amendment protections because judges remain reluctant to regulate expressive and commercial freedom of speech based on offense. And while a 2014 ruling by the United States Patent and Trademark Office’s Trademark Trial and Appeal Board cancelling six of the Washington Redskins’ trademark registrations was a landmark moment for name-change advocates, the decision could …


The German Rocket Jet And The Nuclear Programs Of World War Ii, Max Lutze Jun 2016

The German Rocket Jet And The Nuclear Programs Of World War Ii, Max Lutze

Honors Theses

German military technology in World War II was among the best of the major warring powers and in many cases it was the groundwork for postwar innovations that permanently changed global warfare. Three of the most important projects undertaken, which were not only German initiatives and therefore perhaps among the most valuable programs for both the major Axis and Allied nations, include the rocket, jet, and nuclear programs. In Germany, each of these technologies was given different levels of attention and met with varying degrees of success in their development and application. By the end of the war, both rockets …


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson Jun 2016

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …


From The Desire To Mark Essex: The Catalysts Of Militarization For The New Orleans Police Department, Derrick W.A. Martin May 2016

From The Desire To Mark Essex: The Catalysts Of Militarization For The New Orleans Police Department, Derrick W.A. Martin

University of New Orleans Theses and Dissertations

Abstract

The ultimate goal in the South was to end segregation, but nationwide equal-rights were the common goal of all African-Americans. Nonviolent protests and over aggressive police departments became the norm within the African-American community. Understated in the history of the Civil Rights Era is the role of armed resistance and Black Nationalism. Marcus Garvey, Stokely Carmichael, Huey P. Newton, and Malcolm X were Black Nationalists that led the charge of Black Nationalism worldwide. The Deacons of Defense, the Lowndes County Freedom Organization (LCFO) and the Black Panther Party for Self Defense transformed the social makeup of the country and …


Rising Tide In The Gulf: The First Gulf War And Its Impact Upon Chinese Strategy, Patrick Griffo May 2016

Rising Tide In The Gulf: The First Gulf War And Its Impact Upon Chinese Strategy, Patrick Griffo

Undergraduate Theses

Observing Chinese foreign policy means looking through a clouded lens. A foggy image can be made out, yet specific details are left undefined. The Chinese reaction to the 1990s First Gulf War is a case in point. The perspective is opaque, yet we can still gather an understanding of important changes in China’s policies. The author provides insights not only into China’s foreign and military policy but also on Chinese-Arab relations. In analyzing China’s reaction to the war, we can see it was indeed a transformative period for China’s strategy in the Arab world. China reacted to the Gulf War …


Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout May 2016

Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout

College of Arts & Sciences Senior Honors Theses

No abstract provided.


'Illegal And Void': The Effects Of State And Federal Legislation On Filipino Migrants In The American Empire, Hayley Mcneill May 2016

'Illegal And Void': The Effects Of State And Federal Legislation On Filipino Migrants In The American Empire, Hayley Mcneill

Theses and Dissertations

The colonial relationship between the United States and the Philippines helped periodize Filipino migration to America in the first half of the 20th century, drastically in the 1920s and 1930s. Young Filipino men moved from the American-governed islands to other American territories and throughout the West Coast. Filipinos moved consistently for work. The constant seasonal travel, state and federal legislation, and projected characteristics on the young men increased Filipinos inability to settle, enacted barriers against marriage, and halted Filipinos ability to reach adulthood. Laws surrounded by exclusionary attitudes, including the Cable Act, California Civil Code Sections 60 and 69, the …


United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone Apr 2016

United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone

Senior Theses and Projects

Intra-EU migration is a phenomenon innate to the structure of the European Union. A politico-economic union of twenty-eight countries, the EU does what no other alliance of countries has endeavored before, serving as a unique product of globalization and integration, in every sense of the word. Bound almost entirely by a common currency, the European Union is established in the belief that economic cooperation in Europe can be achieved through the principle of free movement, despite each member states’ individual way of life, language, and political, religious, and cultural ideology.

Since intra-EU migration allows for the possibility of EU integration …


A Law For Rulers And People: David Davis, Ex Parte Milligan, And Constitutional Liberalism During The Civil War Era, John Lewis Moreland Mar 2016

A Law For Rulers And People: David Davis, Ex Parte Milligan, And Constitutional Liberalism During The Civil War Era, John Lewis Moreland

Theses and Dissertations

This thesis examines the political life of Judge David Davis, his drafting of Ex parte Milligan, and the opinion’s impact on the partisanship and political instability of Reconstruction.


On The Poverty, Rise, And Demise Of International Criminal Law, Tiphaine Dickson Mar 2016

On The Poverty, Rise, And Demise Of International Criminal Law, Tiphaine Dickson

Dissertations and Theses

This dissertation in four essays critically examines the emergence of international criminal courts: their international political underpinnings, context, and the impact of their political production in relation to liberal legalism, liberal political theory, and history. The essays conceive of international criminal legal bodies both as political projects at their inception and as institutions that deny their own political provenance. The work is primarily one of political theory at the intersection of history, international relations, international criminal law, and the politics of memory. The first essay questions Nuremberg's legacy on the United States' exceptionalist view of international law and its deviant …


To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism, Kamillia Crawford Jan 2016

To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism, Kamillia Crawford

Honors Undergraduate Theses

The attacks of September 11, 2001 (9/11) caused thousands of deaths, national and global panic, and immediate action by the federal government to protect the borders of the United States of America (USA) from terrorism. In response to these attacks, the United States (U.S.) government enacted laws for law enforcement agencies to protect against terrorist activities. Law enforcement agencies are effective in combating terrorism, but their measures contain a major flaw - the improper use of race in profiling to address national security and public safety concerns. Racial profiling is an ineffective measure for preventing terrorism. There are solutions to …


The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez Jan 2016

The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez

Honors Undergraduate Theses

Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …


The Usa Patriot Act And Punctuated Equilibrium, Michael Sanders Jan 2016

The Usa Patriot Act And Punctuated Equilibrium, Michael Sanders

Walden Dissertations and Doctoral Studies

Currently, Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 appears to be stalled as a result of controversy over the intent and meaning of the law. Proponents of the title advocate the necessity of the act to combat modern terrorism, whereas opponents warn of circumventions of the Fourth Amendment of the U.S. Constitution. Using punctuated equilibrium as the theoretical foundation, the purpose of this case study was to explore the dialogue and legal exchanges between the American Civil Liberties Union and the Department of …


Sex Trafficking: A Cumulative Study, Annie Mcmurray Jan 2016

Sex Trafficking: A Cumulative Study, Annie Mcmurray

Honors Theses

Slavery is considered to be a mark in the United States’ history, a point of the past. Well, slavery never truly ended, it just changed faces. The notion of slavery is “that one person’s life, liberty, and fortune can be under the absolute control of another, and be sold, bought, or used at the will of the owner.”1 This notion can be used to describe the problem of sex trafficking. Conferences such as Passion and North Star, a conference that is hosted by International Justice Mission (IJM), have moved sex trafficking from the dark to the spotlight. Organizations such as …


"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross Jan 2016

"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross

Open Access Theses & Dissertations

This Thesis explores the history of sodomy as it has been conceptualized through the creation and enforcement of the Texas sodomy statutes between 1860 and 1973. In analyzing state court cases, legislative records, and newspaper accounts, I argue that the evolution of the concept of sodomy from its inception as a broad criminal category in the 1860 Texas sodomy statute to its more-narrow conceptualization by Texas legislators as a behavioral characteristic of homosexual status in the 1973 homosexual conduct statute was a political and historically contingent process. This process was political firstly in that it allowed for the construction of …


Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier Jan 2016

Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier

Pomona Senior Theses

The purpose of this thesis is to examine the history behind and the use of militarized drones in modern day conflicts, and to conclude whether the use of these machines, with special attention to the United States, is legal, ethical, and morally defensible. In achieving the aforementioned goals, shortcomings of current policy surrounding drone warfare will be highlighted, acting as the catalyst for a proposal for changes to be made to better suit legal, ethical, and moral considerations. The proposal of a policy to help us work with armed drones is due to the fact that this thesis acknowledges that …


Police Impunity In Mexico: Creating Openings For Justice In A New Democracy, Emily Boyce Jan 2016

Police Impunity In Mexico: Creating Openings For Justice In A New Democracy, Emily Boyce

Honors Theses

In this project, I investigate why police impunity has persisted in Mexico, and why the application of justice, when it does occur, happens unequally. Mexico has undergone a democratic transition with a specific focus on increasing accountability in the judiciary. These persistent trends of police impunity and unequal application of justice are especially puzzling in the face of these recent shifts. Existing literature argues that the institutional changes that occur as a result of democratization should yield changes that further the individual rights of citizens. A majority of the scholarly work regarding police impunity and justice in Mexico focuses on …


The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi Jan 2016

The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi

CMC Senior Theses

This work asserts that bureaucratic organization is not only an inevitable part of the modern administrative state, but that a high quality bureaucracy within a strongly empowered executive branch is an ideal mechanism for running government in the modern era. Beginning with a philosophical inquiry into the purpose of American government as we understand it today, this paper responds to criticisms of the role of expanded government and develops a framework for evaluating the quality of differing government structures. Following an evaluation of the current debate surrounding bureaucracies (from both proponents and critics), this thesis outlines the lessons and principles …


Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares Jan 2016

Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares

Legacy Theses & Dissertations (2009 - 2024)

This thesis examines the role Ridgway v. Cockburn played in exposing the “Negro race” as a subjective experience rather than a definitive label. Blacks in the 20th century were seen as undesirable. The NAACP fought for blacks’s rights to property and justice in the courts. Racially restrictive covenants became a popular method used by whites to keep blacks out of their neighborhoods. Arthur Garfield Hays, a white lawyer, defended the Cockburns as they moved into Edgemont Hills, a white elite neighborhood.


The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman Jan 2016

The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman

Senior Projects Spring 2016

The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first at the United …


The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods Jan 2016

The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods

CMC Senior Theses

In a golden era for comic based media, this paper uses the hypothetical emergence of superheroes to analyze the assumptions and predictions of three international relations theories: realism, liberalism, and constructivism. Comics consistently reflect the real world, paralleling events and concepts discussed in foreign affairs dialogues. The thought experiment, and the comic genre itself, provides a vehicle for thinking broadly about the political and social ramifications of successful or failed problem solving, state interaction, and scientific advances.


Constructing A River, Building A Border: An Environmental History Of Irrigation, Water Law, State Formation, And The Rio Grande Rectification Project In The El Paso/Juárez Valley, Joanne Kropp Jan 2016

Constructing A River, Building A Border: An Environmental History Of Irrigation, Water Law, State Formation, And The Rio Grande Rectification Project In The El Paso/Juárez Valley, Joanne Kropp

Open Access Theses & Dissertations

The Rio Grande in the El Paso, Texas, U.S./Juárez, Chihuahua, Mexico, Valley has a long history of human use from prehistoric to modern times. Formal irrigation began in the 1600s, mainly for viticulture, changing to cotton and pecans in the 1900s. The Rio Grande was subject to bed shifting and flooding that, after 1848, affected the location of the international boundary. During the Great Depression the U.S. and Mexican governments sponsored conservation projects to provide jobs and increase agricultural production. The 1933 “Convention - Rectification of the Rio Grande” was the culmination of interstate and bi-national agreements to divide Rio …