Law Commons^™

Parity In Higher Education In Prison Programs: Does It Exist?, Michael Lee Griggs, Vianey Luna

Electronic Theses, Projects, and Dissertations

The expansion of college-in-prison (CIP) programs, especially in California, where incarcerated college enrollment increased from 11,472 students to over 15,000 in two years, has spotlighted higher education for incarcerated individuals. This increase, supported by legislation that expands funding for CIP programs and allows time off sentences for successful course/degree completion, is further bolstered by the restoration of Federal Pell funding for incarcerated students after a 28-year ban. Despite the acknowledged benefits of CIP programs in reducing recidivism and enhancing post-release outcomes, existing research highlights the need for additional exploration into the quality of CIP programs. Senate Bill 416 further emphasizes …

Use Of Force In Policing: Do Female Police Officers Use Unjustifiable Force As Often As Male Officers?, Carma Dobson

Theses

Use of force (UOF) is a common practice in policing. My study focuses on the disposition of the use of unjustifiable force in policing. Utilization of pre-existing data with 5,771 use of force incidents from the New Orleans, Louisiana police department in the years of 2016-2021 produces an answer to the research question: Do female police officers use unjustifiable force as often as male officers? The chi-square test of independence results in my study indicates that there is no statistical difference between males and females.

Exploring Local Elected Officials' Capacity To Govern Effectively, Mario King

Dissertations

A successful local government exemplifies inclusivity, innovation, and deliberate decision-making, all advancing responsible management of taxpayers' resources. In this qualitative investigation, a phenomenological approach is employed to delve into the lived experiences of local elected officials. The aim of this study was to gain insights into the capacity of these local elected officials for success in governance. Subsequently, the insights from these local elected officials' experiences are harnessed to evaluate their influence and impact on municipal performance.

The management of municipal performance encompasses the provision of social services, the maintenance of fiscal operations, and adherence to statutory obligations (Avellaneda, 2008). …

The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux

Senior Honors Papers / Undergraduate Theses

The US public defense system is underfunded, understaffed, and underdelivering on the Constitutional promises of the 6^th Amendment, the right to a fair and speedy trial. This state of our public defense system results in monstrous impacts for indigent defendants nationwide. Through indefinite delays in litigation, being abandoned in jail while sitting on waiting lists for public defenders, and being outright denied representation, indigent defendants are deprived of their rights. Beyond just defendant neglect, our current system puts immense strain on public defenders, prosecutors, and state budgets. In an attempt to combat this current state of affairs, this paper …

Arbitrariness And Accountability In Plea Bargaining, Emma Brewer

Honors Theses

Justice is supposed to be a consistent, fair ideal of our society. If an individual is going to face punishment, there should be reasons why they receive the punishment they do, and two people who commit similar offenses should be punished similarly. These societal ideals are also embraced by the legal profession. Unfortunately, the current practice of plea bargains creates potential problems for our ability to satisfy that ideal of justice. Prosecutors have significant discretion in offering plea bargains. This discretion opens the door for potential arbitrariness. One way for prosecutors to combat that arbitrariness is by having a structured …

Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino

Undergraduate Honors Thesis Projects

This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …

The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud

Doctorate in Education

This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …

Justice On Trial: A Multifaceted Analysis Of Capital Punishment, Abby Long

Honors Theses

There is an ongoing debate surrounding the criminal justice system, focusing specifically on the controversial topic of capital punishment. Highlighting a startling statistic—one in nine death row inmates being exonerated— a pivotal question arises of what factors influence sentencing outcomes? Seven variables, number of sentences, income of offender, region of sentencing, race of offender, gender of offender, and political affiliation of sentencing state, are considered to understand the variations in sentencing outcomes and assess the fairness of the current judicial process. Using an OLS regression analysis of data from all 50 U.S. states, the paper seeks to better understand capital …

Let It Burn: A Case Study On The Risk Management Practices Of Burning Man Project, Ethan S. De La Torre

Experience Industry Management

Risk management can be defined as a decision-making process of planning, identifying, analyzing, developing a response for, and controlling potential risks with the goal of minimizing the negative impacts of those risks. Risk management is an essential practice for all events, especially large-scale, live entertainment events. The purpose of this study was to examine the risk management practices for Burning Man. The instrument utilized in this study was a best practices guide developed by the researcher. Data were collected prior to, during, and following Burning Man 2022: Waking Dreams. Sources of data include printed material and online sources published by …

Theranos: Case Study And Examination Of The Fraud Triangle, Abbey Jennings

Finance Undergraduate Honors Theses

Fraud is a serious issue which carries significant implications. Fraud committed by top level managers is particularly grievous, as it ripples through a firm, harming the company’s shareholders, employees, and credibility, while posing a threat to individuals and society (Zahra, et al.). A common framework in auditing, the fraud triangle, outlines three factors that if present, increase the risk or enable fraud to occur. The three factors are incentive, opportunity, and rationalization to commit fraud (Barlow).

In 2018, the Securities and Exchange Commission (SEC) charged Elizabeth Holmes, founder and CEO of a supposedly groundbreaking health tech company, Theranos, with what …

Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves

All Dissertations

Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to outline the rhetorical …

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …

Honor Thyself, Alonzo O. Williams

Dance (MFA) Theses

The black male experience and identity in America are filled with complexity. We struggle to know ourselves. We work to see the way of love and the peace of an unviolated free spirit. We want to engage with ourselves with the highest degree of freedom and comfort, not to continue to question our identity in a life-threatening white patriarchal masculinity ideal. Honoring oneself from the lenses of the Reconstruction era of the United States is essential. Reconceptualizing this history explores the significance of emphasizing Reconstruction in my life as a black male to go through a process of self-discovery and …

Litigation As Integration And Participation: The Role Of Lawsuits In The U.S. Environmental Justice Movement, Tomas Sebastian Forman

Senior Projects Spring 2022

What is, has been, and could be the role of litigation in the U.S. environmental justice movement? To what ends do Indigenous communities, federally-recognized tribes, and rural Black communities choose to engage with the U.S. legal system, an institution which has, over history, consistently subjugated and dispossessed them? How do these groups' particularistic relationships to natural and built environments, conceptions of justice and fairness, and understandings of what effective environmental regulation look like inform that choice? This paper draws from in-depth qualitative research to demonstrate the following things: (1) how environmental justice lawsuits differ from canonical environmental and civil rights …

Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos

UNF Graduate Theses and Dissertations

Data on school discipline inequities have shown disproportionate numbers of Black students suspended and expelled compared to their non-Black counterparts. Despite the implementation of evidence-based solutions such as positive behavior supports and intervention, educator professional development, and restorative practices aimed at closing the racial discipline gap, little to no change has occurred. Critical Race Theory is used as a lens for viewing racial hierarchies as a socially constructed tool to oppress people of color. This oppression can be seen in various aspects of society and in education, especially in school discipline. It is fueled by biases, both implicit and explicit. …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.

Impact Of Organizational Fairness On Ethical Policing In The Community, David P. Cepiel

Ed.D. Dissertations

Since 2015, policing has suffered from negative publicity due to unfortunate and often deadly interactions between police officers and people of color. As a result of these sad events, various programs have been incorporated into many police departments to increase professionalism among officers. One such program focuses on increasing legitimacy by teaching procedural justice concepts to officers. This study examined the impacts of organizational fairness on officers from the perspective of procedural justice. Building on previous research, this study focused on the officers and sergeants employed in two small municipal police departments in the Midwestern United States. Ninety-eight participants from …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Insider Trading As A Precursor To Modern Business Ethics, Robyn Coleman

Finance Undergraduate Honors Theses

There has been a recent change in business that there is more focus on the “stakeholder approach” than shareholder primacy. This can be attributed to the early actions and illegality of insider trading that expected a step beyond a solely economic approach. This attitude was then replicated to become what we see as the modern business approach. Business now includes ethical investing, environmental focus, corporate citizenship, and emphasis on multiple stakeholders that was not always there. Companies have embraced this position while others have been criticized for not doing so. As this approach develops and changes, it will be enlightening …

How Indigenous-Language Court Interpreters And Clients Navigate The U.S. Court System Under Strict Court-Interpreting Guidelines, Ashten Lehwalder

University Honors Theses

In Oregon, requests for court interpreters of languages indigenous to Latin America have increased within the last few years. However, the number of available indigenous-language court interpreters in the U.S. remains low. During the 2019 U.S.--Mexico Border Crisis, many refugees seeking asylum were from Mayan communities; indigenous-language court interpreters struggled to meet the demand. Even though court interpreting is a civil right in the U.S., many individuals have been afforded inadequate language services, or have gone without interpreters altogether. This study seeks to understand the experience of indigenous-language court interpreters, who must operate according to a code of ethics, through …

Transformational Leadership, Conflict Management Style, And Job Satisfaction In Law Enforcement, Giuseppe Alise

Seton Hall University Dissertations and Theses (ETDs)

Abstract

Effective leaders are essential for any organization, including law enforcement. Police work is not free from the challenges of leadership, confronted with its own unique challenges, including developing ways to adapt to rapid change and continually having to adjust to various political and environmental factors.

This research is an in-depth examination of how transformational leadership and conflict management style drive job satisfaction in law enforcement. The goal is to determine whether employee satisfaction achieved through transformational leadership is, in fact, largely the result of how leadership handles conflict. The idea is to disentangle the relationship between transformational leadership and …

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

Prenatal Care For Undocumented Women In The United States, Cristina Mendoza

Nursing | Senior Theses

Background: While prenatal care is an essential preventive service, access is not equal. Undocumented immigrants in the United States face many barriers that prevent them from accessing primary health care needs, including adequate prenatal care. Throughout the United States, standard Medicaid provides coverage for all pregnancy-related care, encompassing the antenatal period, childbirth, and postpartum. However, undocumented women do not qualify to receive these services. Many studies showed that lack of prenatal care for undocumented pregnant women jeopardizes their health and their neonates’ health by increasing their risk of complications related to pregnancy and birth. Objective: To bring awareness of the …

Research On The International Law Issues Of The Maritime Search And Rescue, Aimeng Wang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Followers’ Reactions To Leader Differentiation, Yuchuan Liu

Dissertations and Theses Collection (Open Access)

Leaders generally differentiate their relationships with followers, for example, by providing some with more respect, trust, support, or information than others (Liden & Graen, 1980). However, the effects of such leader differentiation on followers remain inconclusive such that research suggests that leader differentiation may have negative, positive, or null effects on favorable employee work-related outcomes (for a recent review, see Martin et al., 2018). To better understand the effects of leader differentiation, utilizing leader-member exchange (LMX) theory, I considered three inherently connected properties in the leader differentiation process – LMX differentiation, LMX quality and LMX social comparison (Martin et al., …

Food In Prison: An Eighth Amendment Violation Or Permissible Punishment?, Natasha M. Clark

Honors Thesis

This piece analyzes aspects such as; Eighth Amendment provisions, penology, case law, privatization and monopoly, and food law, that play into the constitutionality of privatized prisons using food as punishment. Prisoners have protection from excessive bail and fines and from cruel and unusual punishment, as per the 8^th Amendment; however, deprivations such as restricted diets and harm caused by them is only a valid violation if the prisoner can prove deliberate indifference. Privatization of the prison industry has led to reduced quality, choice, and diversity in areas such as food, which comes at a detrimental cost to prisoners. Serving …

Interpretation And Implementation Of Duren V. Missouri (1978) And Batson V. Kentucky (1986) In Five States, John Lawson

Senior Theses and Projects

The U.S. Supreme Court decisions Duren v. Missouri (1979) and Batson v. Kentucky (1986) address under-representative venire drawing processes and discriminatory peremptory strikes during voir dire, respectively, to combat jury discrimination. In this thesis, I examine state level implementation of these two decisions in five states - Connecticut, Florida, Louisiana, Illinois, and Washington - to evaluate jury discrimination jurisprudence and recommend improvements at jurisprudential and policy levels. While state-level Duren and Batson jurisprudence remains woefully underdeveloped, recent developments such as Washington’s General Rule 37 and Connecticut’s Jury Selection Task Force could initiate a nationwide reform effort.

@Usa Vs. @Realdonaldtrump: The Decline Of Democracy In 280 Characters Or Less, Bryn Edwards

CMC Senior Theses

From threats, to hate speech, to potential criminal statements, Donald Trump has made use of Twitter like no president or world leader before him. His presidency and communication strategy have been defined by his “tweetstorms” and a consequent slew of legal issues. The prolific rate of his tweeting has made large-scale analyses difficult as they quickly become dated.

Nevertheless, this thesis has aimed for a more holistic analysis by uniquely linking trends in his tweeting to its perceived social consequences, situating this work in a long line of analyses of presidential rhetoric and media strategies. Moreover, it assesses Trump’s use …

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso

Seton Hall University Dissertations and Theses (ETDs)

Museums and sovereign states often face a dilemma when confronted with a claim seeking restitution of Nazi-looted artwork. The assertion of legal technicalities may allow an institution to maintain possession of its artwork whereas ethics would dictate its return. This paper discusses three cases where legal technicalities take precedence over ethics. This conflict demonstrates the need to have such disputes addressed in a forum other than a court system.