Law Commons^™

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.

A Guide To Emtala, Kaylee Jacobson

Law Student Works

This Pathfinder research guide provides an overview of the Emergency Medical Treatment and Labor Act (EMTALA). This guide is intended for both attorneys in the field and hospital compliance departments. It is essential for attorneys to understand both the requirements of an EMTALA claim and the circuit splits on interpretation. Hospital compliance departments have an interest in understanding EMTALA for preventative and response measures.

This guide walks the researcher through a brief background on EMTALA and how to research the federal statute using primary, secondary, and news-based sources. The goal is to equip them with the necessary tools to perform …

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …

Lawyers That (Say They) Listen: An Exploratory Study Into Law Firms With Listening Specific Branding, Kacey Henriques

Honors Theses

The following investigation attempts to explore the communication dynamics between law firms and their clients. As shown in this research, clients tend to make note of poor communication skills, specifically listening skills, when they interact with attorneys. In an attempt to appeal to clients who have had negative interactions in respect to listening, several law firms across the country are utilizing branding that stresses their strengths in listening (what I term listening specific branding). In the investigation to come, three law firms are analyzed that utilize this type of branding. Additionally, three law firms that specialize in similar areas of …

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 …

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 …

Neither Force Nor Will, But Merely Judgement: Becoming A Supreme Court Justice, Dajé M. Brinson

Criminology Student Work

No abstract provided.

Mindfulness For Legal Professionals: An Appeal For Positive Change, Dianna Mejia

Mindfulness Studies Theses

Recent studies and reports address growing concerns about high rates of chronic stress, depression, and substance use by lawyers and law students. The National Task Force on Lawyer Well-Being identified the practice of law as a profession that is struggling and urged leaders to act now to improve the state of mental health and well-being of legal professionals. Among the recommendations in the 2017 report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, the National Task Force included mindfulness as a practice to address the psychological and psychosomatic disorders permeating the legal profession. The National Task Force urged …

College Students’ Perceptions Of Law Enforcement And Legal Careers, Courtney Alley

Undergraduate Honors Theses

Recent events have given attention to the public perception of criminal justice field in the United States. Although there has been much political debate about problems in the criminal justice field, attention should be turned to the prospective employees who will soon be seeking out these debates: college students seeking to enter the criminal justice field. The current study did that through survey data obtained from 112 students enrolled in criminal justice courses at East Tennessee State University during the Fall 2020 semester. Analysis revealed much about student interest in various criminal justice occupations, their perceived ability to perform the …

How To Increase Migrant Resilience In Canada: What The Legal System Can Do To Help, Po Kwan Tara Chan

Major Papers

Immigration is important to Canada. Migrants replenish our declining population, help drive our economy, and contribute to our labour market. By 2036, almost half of the Canadian population will be either first-generation or second-generation immigrants. While the migrant experience varies, it is recognized to be deeply challenging. Among these barriers is often the need to engage with the complex legal system during and after the settlement process.

This paper uses the literature to better understand the benefits of migrants in Canada, concept of resilience, benefits of diversity in the workplace, and how law firms can leverage diversity to perform better. …

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Access To Justice Meets Opportunity: Reverse Auction Ventures As A Possible Solution To The Unaffordability Of Personal Plight Legal Services And Oversupply Of Lawyers, Shawn P. Quigg

Major Papers

Individuals who experience personal plight legal issues face several barriers to justice. Low- and medium-income earners are especially disadvantaged, given the high financial, temporal, and emotional costs associated with accessing justice. Simultaneously, law schools are graduating more law students than jobs available. The imbalance leaves many young lawyers, with mounting debt, no means with which to pay off the debt. The purpose of this study is to assess the viability of a legal services reverse auction platform as a solution to the access to justice and lawyer oversupply problems.

The feasibility study examines the characteristics of the business models of …

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.

Mentoring: Attitudes And Perceptions Of New Lawyers, Mindy Thomas Fulks

Electronic Theses and Dissertations

Tennessee does not have a formal state-wide required mentoring program for Tennessee lawyers. Mentoring programs are available to Tennessee lawyers but no uniform standards exist. It has been suggested that providers of mentoring programs should develop strategies for improving and expanding mentoring experiences for new lawyers. The purpose of this study was to evaluate attitudes towards mentoring by Tennessee lawyers who are within their first 5 years of practice. The researcher sought to identify the perceptions of new lawyers regarding mentoring to better understand mentoring’s role within the legal profession.

The methodology for this study was nonexperimental quantitative survey research. …

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 power …

El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez

Contaduría Pública

Transparencia por Colombia en sus dos décadas de existencia ha realizado aportes significativos para la lucha contra la corrupción, si bien es difícil establecer la cuantía de los actos de corrupción, podemos resaltar que el papel de esta ONG ha permitido que exista mejor y mayor acceso a la información por parte de la ciudadanía y esto se evidencia en el aumento de denuncias y en rechazos a través de las redes sociales y otros medios de comunicación a los actos de corrupción .En el presente artículo se describen algunos de los programas que esta entidad ha venido desarrollando en …

Effectiveness Of The Socratic Method: A Comparative Analysis Of The Historical And Modern Invocations Of An Educational Method, Amanda J. Grondin

Senior Theses

This senior thesis evaluates the Socratic method by comparing its original form, used by Socrates with students such as Meno, to its modern invocations in institutions such as law or medical school. In order to gauge the actual efficacy of the Socratic method in teaching logicality, which is the primary goal of Socratic dialogues, a pilot study was run. The results and implications of this study are embedded in the central portion of the thesis. The study found a statistically significant correlation between the amount of Socratic instruction a student had and that student's performance on a syllogistic reasoning task. …

Online Training For Judicial Officers And Court Personnel, Morgan Patten

Master of Education in Instructional Design and Technology Plan II Graduate Projects

The purpose of this project was to create two online, asynchronous courses: one on domestic violence for judicial officers and one on community supervision of sex offenders for probation and parole officers. These courses will be offered to the court community through the Supreme Court of Ohio Judicial College, which is responsible for providing education to judicial officers, court personnel, and others who serve the judiciary.

These courses were developed in consultation with Supreme Court of Ohio staff, judicial officers, and other subject matter experts. These experts evaluated the courses on at least three occasions and provided substantive feedback. Once …

It’S So Hard To Say Goodbye: Why Article Iii Judges Leave (Or Don’T), Johnnie Blakeney Rawlinson

Duke Law Master of Judicial Studies Theses

Thurgood Marshall famously stated: “I was appointed to a life term, and I intend to serve it.” Justice Marshall’s sentiment is in lockstep with the expressed intent of the Founding Fathers, who embedded the concept of life tenure for Article III judges into the Constitution at the time of its adoption. This paper explores the extent to which Article III judges in this era echo the sentiment expressed by Justice Marshall, and the reasons some Article III judges have elected not to serve a life term. The paper also examines whether Article III judges have gravitated toward careers in the …

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCE Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block

Theses and Dissertations--Educational Policy Studies and Evaluation

Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed …

The Porous Boundary Between Legal And Business Advice, An Empirical Approach, Amy M. Ter Haar

Electronic Thesis and Dissertation Repository

This thesis asked whether corporate lawyers in both private practice and acting as in-house counsel differed in their attitudes toward distinguishing their professional obligations concerning the provision of “business” advice. This research establishes that these two groups of lawyers differ in their attitudes toward the provision of advice in two ways. In connection with providing business advice, in-house counsel more frequently a) feel that “murky lines” exist when distinguishing between legal and business advice and, b) look to ethics codes. This research reflects at its core an unresolved boundary between legal and business advice and provides a resolution to this …

Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, Lily M. Foss

Scripps Senior Theses

During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My …

Creating Political Leaders: Lawyer Stories About Transitioning Into Political Office In Canada, Ralph A. Chatoor

Dissertations

Problem. Sustaining healthy democracies requires citizens to successfully transition from civilian life into political leadership positions. Despite the need for this transition to take place, little is known about the transition. Globally, lawyers are the most represented professional group inpolitics, therefore, a study of their transition acts as a good starting point in understanding the process. This study used the Nicholson Transition Cycle (NTC) to explore the transition of 65 lawyers into Canadian politics.

Method. An exploratory multiple case study approach was used to gather data from face-to-face interviews, phone interviews, public archives, email, and websites. Interviews were transcribed, coded, …

Lawyers And Their Books: The Augusta County Law Library Association, 1853-1883, Gregory Harkcom Stoner

Masters Theses

During the eighteenth and nineteenth century, law books of various types contained the vital information needed by Virginia’s practicing attorneys and judges. Access to these resources, however, was generally limited to personal collections and a handful of libraries. Despite numerous calls for the creation of libraries by theVirginiagovernment, state legislators took little action of note.

This study explores the history and origins of law libraries in Virginia by focusing on the formation and evolution of the Augusta County Law Library Association, one of the first libraries organized in Virginia under state legislation enacted in 1853 that authorized the creation of …

Organizational Culture In Wisconsin Large Law Firms, Susan Balzer Spoerk

Professional Projects

Culture can be defined as the collective programming of the mind which distinguishes one group or category of people from another. Organizational culture is an idea in the field of organizational studies and management which describes the psychology, attitudes, experiences, beliefs and values (personal and cultural values) of an organization. There are many studies on Organizational Culture applied to corporations. There are very few studies of Organizational Culture applied to law firms. This is a study of Organizational Culture in Wisconsin Large Law Firms. This study does not attempt to define specific cultural knowledge of large Wisconsin law firms but …

Selling Knowledge: A Sociological Analysis Of Attorney Advertisement In Las Vegas, Giselle Velasquez

UNLV Theses, Dissertations, Professional Papers, and Capstones

I analyze how Las Vegas attorneys represent themselves, their associates and clients in televised law firm commercials. I use attorney commercials as a case to explore cultural beliefs in media representations. Using an inductive method, I analyze the textual, visual, and aural symbols that appear most frequently in television commercials to interpret how law firm advertisements convey themes of attorney expertise, knowledge, ethnic and gender stereotyping. I introduce this study with a historical evaluation of the rise of advertisement in the United States. I continue discussing how the media is an important realm of discourse that affects people's identity. Using …

A Survey Of Selected National Leaders In The Areas Of Shorthand And Typewriting From 1956-1976, Carolyn D. Beam

Morehead State Theses and Dissertations

A thesis presented to the Business Education Graduate Committee at Morehead State University in partial fulfillment of the requirements for the Degree of Master of Business Education by Carolyn D. Beam on July 11, 1978.