Law Commons^™

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady

Maine Policy Review

Management and governance systems should ideally match the nature of the natural environment and the range of human uses. Today’s ocean and coastal governance system is made up of singular laws and government agencies, the product of years of evolution. This system was never intended to reflect the complexities of the marine ecosystem and varied human uses of marine resources. The resulting “silo-ed” management system has never worked particularly well, but as we face a rapidly changing Gulf of Maine, and accompanying changes in uses, this system’s limitations are increasingly obvious. An “ideal” ocean governance system would be comprehensive and …

Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas

CISLA Senior Integrative Projects

Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …

The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato

Honors Theses

Five states in the American South currently have “no pro homo” policies in place, while an increasing number of bills targeting discussions about sexuality and gender identity in public schools are being introduced to House floors around the country. Although there is extensive research on the ways in which these policies put the physical and mental well-being of LGBTQ+ students at risk, there is little to no research about how they shape public perceptions of the LGBTQ+ community collectively. With inspiration from Kenneth and Mamie Clark’s social science study cited in Brown v. Board of Education (1954), this study works …

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

Refugee Resettlement In Germany: An Analysis Of Policy Learning And Support Networks, Marianne Perkins

Undergraduate Honors Theses

The resettlement of refugees and asylum seekers in Germany since reunification in 1990 has been challenged by two peaks in asylum seeker applications in 1992 and again in 2016. From the 1992 peak, which was fueled by asylum seekers fleeing the former Yugoslavia, extensive research has already been conducted over the past thirty years. These studies have demonstrated the actual outcomes of these primarily Yugoslavian asylum seekers and refugees with these findings indicating legal and economic uncertainty having a detrimental effect even years after resettlement. Using Germany as a case study, this analysis aims to survey the available information in …

Expanding The Capacity Of Rural Cancer Care With Teleoncology, Jason Semprini

Online Journal of Rural Research & Policy

Background: In the United States, 6 of the 25 leading causes of death stem from site-specific cancers, resulting in over 1.7 million deaths annually. Yet, this burden is not evenly distributed. While the incidence of cancer is significantly higher in urban areas, rural regions face higher rates of cancer mortality. Identifying the factors contributing rural cancer disparities can facilitate more effective and feasible policy solutions.’

Problem Definition: Rural Americans are geographically isolated from high-quality cancer services and face systemic barriers to NCI designated comprehensive cancer centers. Given this disparity, rural Americans have failed to fully realize the benefits of expanded …

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …

Naming Names: The Impact Of Supreme Court Opinion Attribution On Citizen Assessment Of Policy Outcomes, Scott S. Boddery, Laura P. Moyer, Jeff Yates

Political Science Faculty Publications

The manner in which political institutions convey their policy outcomes can have important implications for how the public views institutions' policy decisions. This paper explores whether the way in which the U.S. Supreme Court communicates its policy decrees affects how favorably members of the public assess its decisions. Specifically, we investigate whether attributing a decision to the nation's High Court or to an individual justice influences the public's agreement with the Court's rulings. Using an experimental design, we find that when a Supreme Court outcome is ascribed to the institution as a whole, rather than to a particular justice, people …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Use Of Public Consultation To Construct Sex Work Related Policies, Ryan Horan

Theses and Dissertations (Comprehensive)

The present study is a qualitative analysis of the Online Public Consultation of Prostitution -Related Offences (OPCPRO), conducted by the Canadian Department of Justice in 2014. This research describes themes that arose within the discourses of respondents to the OPCPRO, and offers a critical examination of the use of online consultations in the production of public policy. I argue that respondents to the OPCPRO, regardless of their support or opposition for criminalization of sex work, strategically draw on values echoed within the Charter of Rights and Freedoms to frame their policy propositions as consistent with sex workers individual rights. I …

An Analysis Of International Agreements Over Cybersecurity, Lucas Ashbaugh

Electronic Theses and Dissertations

Research into the international agreements that increase cooperation over cybersecurity challenges is severely lacking. This is a necessary next step for bridging diplomatic challenges over cybersecurity. This work aspires to be push the bounds of research into these agreements and offer a tool that future researchers can rely on. For this research I created, and made publicly available, the International Cybersecurity Cooperation Dataset (ICCD), which contains over 350 international cybersecurity agreements and pertinent metadata. Each agreement is marked per which subtopics within cybersecurity related agreements it covers. These typologies are:

• Discussion and Dialogue

• Research

• Confidence Building Measures

• Incident Response

• Crime …

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Structures, Norms, And Renewable Energy Policy: A Comparative Analysis Of The Driving Forces Behind Energy Policymaking In The United States And Denmark, Elise Ogden

Senior Theses and Projects

The 1973 OPEC Oil Embargo served as a wake-up call for many highly oil dependent countries, including the United States and Denmark. In the wake of the 1973 oil crisis, the U.S. and Denmark had very different policy responses. Denmark identified oil itself as the underlying issue, and quickly transitioned to alternative energy sources, including wind. Today, Denmark is a global leader in renewable energy usage and sustainability. The United States, on the other hand, saw foreign reliance on oil as the main issue, and moved to develop domestic oil reserves rather than transitioning to alternative sources. Today, the U.S. …

The Strategic Challenges Of Urban Warfare, Christian Aditya Niksch

Electronic Theses and Dissertations

With urbanization on the rise, policymakers cannot ignore urban conflicts. In the aftermath of the Cold War, several scholars were of the opinion that primitive modes of fighting, such as close combat, would cease to be used. However, as urban spaces have increasingly become battlefields in the 21st century, there has been a retrogression to a brutal and bloody mode of fighting. This return of primitivism affects the tactics that the military can use in urban warfare, which makes it a daunting strategic challenge. A combined focus on policy, strategy, and operations is necessary to improve thinking about how exactly …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Submission To The Strategic Policy Division, Department Of Defence, On The Development Of The 2013 Defence White Paper, Christopher Rahman

Chris Rahman

This submission on the development of the 2013 Defence White Paper addresses briefly four aspects: 1. The structure and content of the White Paper itself 2. Australia’s strategic environment 3. Australia’s military strategy 4. Force structure

Concepts Of Maritime Security: A Strategic Perspective On Alternative Visions For Good Order And Security At Sea, With Policy Implications For New Zealand, Christopher Rahman

Chris Rahman

This project originated as a research report conducted for the Royal Australian Navy’s Sea Power Centre – Australia. Its intent is not to reprise well‐worn ideas of sea power or maritime strategy, but to address conceptually what is meant by the term “maritime security” in the context of contemporary ideas of the meaning of “security” itself. In doing so, I have purposefully delved into some of the often quite dense and sometimes arcane literature and ideas regarding conceptual treatments of security. This is important, because the ideas inherent in different perspectives on maritime security often have an intellectual or political …

Framing The Question, "Who Governs The Internet?", Robert J. Domanski

Publications and Research

There remains a widespread perception among both the public and elements of academia that the Internet is “ungovernable”. However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Blaine It On Politics: The (Non-) Effect Of Anti-Aid Amendments On Private School Choice Programs In The U.S. States, Patrick J. Wolf, Richard D. Komer, Michael Q. Mcshane

Education Reform Faculty and Graduate Students Publications

James G. Blaine was a prominent American politician of the late 19th Century. Although Blaine was an unsuccessful Republican candidate for President in 1884, U.S. Secretary of State, Speaker of the House, and a Senator from Maine, his primary legacy was the enshrinement of "anti-aid" amendments in the constitutions of 39 U.S. states. These so-called "Blaine Amendments" were designed to prohibit government funds from supporting "sectarian" religious organizations such as schools and charities. In Blaine's day, "sectarian" was widely understood to be a euphemism for "Catholic". Nondenominationally Protestant organizations such as the public schools of the day were considered to …

"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce

Human Rights & Human Welfare

The bottom line is that the crisis in Syria is tragic and extremely complicated. Some of its more complex issues include the threat of ethnic conflict, refugee flows, Iran's regional influence, and the impact of this uprising on other protests in the Arab world, ongoing and in the future. However, there are also several incontrovertible facts: the regime of Bashar al-Assad, in the name of putting down a protest movement that turned violent, is responsible for at least 7,500 deaths and shows no signs of relenting.

Immobilizing Conceptual Debates, Jonas Claes

Human Rights & Human Welfare

In “Think Again: Failed States,” James Traub argues that “state failure” is a failed concept. Prioritizing efforts to prevent or address state fragility, weakness, or failure may seem impractical given the conceptual breadth of this systemic challenge. Like globalization, human security, or climate change, state failure contains so many aspects that it becomes analytically useless. But the need to rethink this garbage-can concept—everything can be thrown in—does not keep us from addressing the litany of well-understood challenges subsumed within.

Generic Wish-Lists For State-Centric Policies, Edzia Carvalho

Human Rights & Human Welfare

The Central America depicted in the article under review resembles a region visited by the Four Horsemen of the Apocalypse—colonial Conquest, civil War, Famine and other natural disasters, and poverty, disease and Death. Added to this list of woes are the recent drug-fueled conflict, democratic instability, weak state capacity, and the socio-economic fallout of the economic recession in the United States. While the first half of the article records these problems, the author shifts gears in the second half and provides an array of responses to these challenges, with a forceful recommendation that states in the region focus their efforts …

Eminent Domain In The Wake Of The Kelo Decision, Matthew J. Rogers

Honors Theses

The controversial Supreme Court decision, Kelo v. The City of New London, allowed a local government to utilize eminent domain to transfer land from one private entity to another in order to enhance economic development. In response, state governments rushed to pass legislation in order to curtail the use of eminent domain. State governments, however, struggled to pass meaningful eminent domain legislation, since many powerful forces, such as major corporations, stood in their way. Opponents of eminent domain claim that the politically weakest in our society, namely the poor and racial minorities, are saddled with the resulting hardship emanating from …

China And The New Asia: Policy Recommendations, Tasha N. Haug

Senior Honors Theses

The People’s Republic of China is an indispensable political and economic force in Asia. With the majority of the United States’ foreign economic interests invested in the Asia-Pacific region, the leading role that China is taking is a major concern. The Asia-Pacific region is strategically important to the US. How US policy makers craft foreign policy toward Asia has a direct impact on US involvement in the region. Unless the US becomes more invested in Asia, develops a comprehensive understanding of China’s role in the region, and proactively pursue strategic relationships, US influence in Asian affairs will become a thing …

Hope Over Experience?, Cath Collins

Human Rights & Human Welfare

Writing about US human rights policy from the outside is always a disconcerting experience. All bets are off, and all assumptions are turned on their head. Assumptions from the South looking North are that, rhetoric aside, US interests rarely if ever feature human rights protection and promotion in first place. What’s more, they have very frequently featured the opposite: dirty tricks, torture and rendition were sadly familiar to students of Latin American history long before Guantanamo. The Clinton years went some way towards reining in the more blatant contradictions of the 1980s, but they also set in train the easy …

Change We Can Believe In?, Katherine Hite

Human Rights & Human Welfare

We were warned to temper our high hopes for a bold new Obama era of human rights. After all, President Obama would have “a lot on his plate”: a serious economic crisis, high unemployment, over forty million people without health insurance, “two wars,” global volatility. But it’s very hard not to be dismayed by some of the continuities from the Bush to the Obama administration, as well as by some Janus-faced policy decisions with damning human rights implications. When it comes to US-Latin America relations, such decisions include: professing support for progressive immigration reform while expanding regressive anti-immigration measures; claiming …

From Inspiring Hope To Taking Action: Obama And Human Rights, Stephen James

Human Rights & Human Welfare

While President George H. Bush spoke of a new world order, and his “misunderestimated” son mangled the English language at countless press conferences, with Barack Obama the USA now has a talented orator as a president. There is a new word order. But does the new and skillful rhetoric match the reality when it comes to human rights?

December Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

Obama's speech to the United Nations General Assembly (September, 2009).

and

Does Obama believe in human rights? By Bret Stephens. The Wall Street Journal. October 19, 2009.

The Statesman's Dilemma: Peace Or Justice? Or Neither?, Henry Krisch

Human Rights & Human Welfare

Just as I sat down to comment on President Obama and human rights, I glanced today's (November 19, 2009) The New York Times and found several opinion essays-careful in fact, thoughtful in tone, reasonable in argument-critical of Obama's approach during his recent visit to China toward Chinese human rights violations (mainly concerning Tibet but including also imprisoned lawyers, internet censorship, and persecution of Falun Gong.) The essayists considered various tactics for exerting American pressure on China regarding human rights. Common to all of them was a tone of rueful admiration for the political and diplomatic skill with which China fended …