Law Commons^™

Disenfranchisement Laws Affecting Voting Rights Of Black Americans In Mississippi, April Masha Jones

Walden Dissertations and Doctoral Studies

From Black individuals being enslaved and freed to being incarcerated in modern-day society more frequently than White individuals, the desire to have a voice in the decision-making process has been challenging. Black voters in Mississippi may be underrepresented because of felony disenfranchisement laws. The purpose of this general qualitative study was to examine the lived experiences of Black Mississippians about felony disenfranchisement laws and voting rights. The first research question addressed perceptions of Black Americans in Mississippi regarding the felony disenfranchisement laws. The second research question addressed the experiences related to any political implications among the electorate in Mississippi. The …

Low-Income Workers’ Perception Regarding Wage Theft And Barriers To Addressing Prevention In Southeast Florida, Marcia Carvlho-Donaldson

Walden Dissertations and Doctoral Studies

Many low-income workers are vulnerable to becoming victims of wage theft. Studies have shown that even when these workers know their rights, they still face certain obstacles should they complain or report such theft. Extensive research has been conducted at the federal level to establish the impact and consequences of wage theft, but few researchers have examined wage theft at the state and local level in states such as Florida. The experiences and perceptions of low-income worker participants in Southeast Florida were investigated in this phenomenological study, and rational choice theory was the conceptual framework used to investigate this phenomenon. …

Barriers To The Successful Implementation Of Laws In Saint Lucia, Confia Samantha Jn Paul-Samuel

Walden Dissertations and Doctoral Studies

AbstractSaint Lucia experiences barriers to successfully implementing some of its enacted laws. As a developing country, when legislative efforts are hampered, the law enactment process is negatively impacted. The purpose of this qualitative study was to understand the potential barriers to the successful implementation of laws in Saint Lucia by examining any effective emerging practices to develop new and innovative approaches and methods in addressing the various issues involved. The conceptual framework for this study comprised parliamentary engagement, public participation and policy making in the law enactment process in similar parliamentary jurisdictions. The research questions focused on understanding the potential …

Space Debris Mitigation: A Unified Policy Framework, Forrest Randall Jones

Walden Dissertations and Doctoral Studies

Space debris is a growing problem that impacts the ability to maneuver and conduct space missions, creates hazards for people on Earth, and has the potential for severe environmental damage. Clean-up efforts are not viable in the modern era due to a lack of viable, affordable, and safe technology conducive to such lines of effort. This leaves mitigative and preventative policy measures as the most effective way to proffer a solution to the problem. Public policy has largely failed to address space debris mitigation effectively due to the fragmentation of policies standards and a lack of horizontal integration of policies …

Barriers To The Successful Implementation Of Laws In Saint Lucia, Confia Samantha Jn Paul-Samuel

Walden Dissertations and Doctoral Studies

AbstractSaint Lucia experiences barriers to successfully implementing some of its enacted laws. As a developing country, when legislative efforts are hampered, the law enactment process is negatively impacted. The purpose of this qualitative study was to understand the potential barriers to the successful implementation of laws in Saint Lucia by examining any effective emerging practices to develop new and innovative approaches and methods in addressing the various issues involved. The conceptual framework for this study comprised parliamentary engagement, public participation and policy making in the law enactment process in similar parliamentary jurisdictions. The research questions focused on understanding the potential …

Perspectives Of Religious Faith Leaders On Hate Crime Policies, Alphonso Manns

Walden Dissertations and Doctoral Studies

AbstractPrejudice and discrimination stigmatize members of the lesbian gay bisexual transgender and queer (LGBTQ) community as abnormal, which has been attributed to religious opposition and the exercise of ministerial privileges or religious liberty within the law. Religious organizations may indirectly contribute to the public legal rights of members of the LGBTQ community. But little is known about the perspectives of religious faith leaders (RFLs) and how they influence the development and implementation of pro-equality and hate crime policies. The purpose of this study was to explore the experiences of RFLs from one community in a midwestern state. The narrative policy …

An Exploration Of Fairness, Judicial Independence And Employee Protections, Christina M. Martin

Walden Dissertations and Doctoral Studies

Sexual harassment is an issue that can plague any organization, especially ones that do not have a formal complaint process or is built on a system based on hierarchy. Most notably, some federal judges abused their power based on a system that did not have any checks and balances in place as preventative measure against harassment. The purpose of this qualitative study was to explore female federal judiciary employees’ understanding of employee protection principles extended to staff of the judicial branch, and to assess whether female federal judiciary employees were aware of reporting mechanisms for acts of misconduct. The research …

Reducing Racial Disparity Of Youths Referred To The Juvenile Center, Kimberly Paige

Walden Dissertations and Doctoral Studies

In 2018, The Juvenile Center in St. Louis, Missouri acknowledged that they needed to decrease the racial disparity in the numbers and percentages of Black youths who were overrepresented compared to White youths at the front-end intake step of the facility. The purpose of this qualitative study was to gain insight as to whether there were alternative actions for police officers after they arrested the youths but before they referred them to the front-end intake step of The Juvenile Center. The main method of collecting data was an ethnographic interview in the form of a questionnaire to gather the community …

The Impact Of Canada–U.S. Safe Third Country Agreement On African Asylum Seekers In Canada, John Elijah Mccarthy

Walden Dissertations and Doctoral Studies

AbstractAs the world becomes more globalized, migration is emerging as a major policy issue to contemporary governments. Thus, states have adopted immigration policies that extend beyond their jurisdiction, making the review of state actions a challenge. One such policy is the Canada–U.S. Safe Third Country Agreement (STCA). This policy has generated a range of social issues. However, no study has been conducted to understand the impact of the STCA on African asylum seekers in Canada. This qualitative study was based on the social construction and policy design theory. The central research question sought to understand the impact of the STCA …

Disparities In The Sentencing Of African American Men In Wayne County, Michigan, Brian Banks

Walden Dissertations and Doctoral Studies

AbstractThe ability of judges in the U.S. criminal justice system to administer penalties based on a defendant’s socioeconomic status has resulted in a disproportionate number of African Americans receiving harsher penalties than those of other racial groups and socioeconomic statuses. Currently, there is little evidence demonstrating the effectiveness of harsher sentencing of defendants with lower socioeconomic statuses in preventing crime or lowering recidivism, but more work is needed to clarify what sentencing factors judges use. The purpose of this qualitative study was to explore the factors that Wayne County, Michigan, judges used during the sentencing process of criminal defendants, along …

What Are The Barriers Experienced By Self-Represented Litigants In Civil Court?, Darwin Fitzgerald Rice

Walden Dissertations and Doctoral Studies

The Judiciary Act of 1789 permits parties to plead and manage their cases personally or by a defense counsel. The legal provision laid the foundation for self-representation guidelines adopted by the courts. Despite self-representation becoming widely accepted in the legal system, there is limited understanding of the barriers faced by litigants. John Rawls’ theory of Justice written in 1971 guided an in-depth analysis of these experiences. The theory states that with the subject of justice things are just or unjust. With the need to answer the research questions that sought to explore the lived experiences of self-represented litigants, attorneys, and …

The Westminster Model And The Destabilizing Of Democracy In The Caribbean, Peter L. René

Walden Dissertations and Doctoral Studies

The problem with the Westminster model is the model’s lack of governance, oversight and colonial mindset which has led to a crisis that includes severe government corruption, deepening poverty, upticks in crime, debt and decreasing trade opportunities. This makes life harder for the citizens and threatens to destabilize the democracies with no one nation situated to cope with these existential challenges. National independence for the region was designed to maintain the status quo of colonial times while providing the illusion of autonomy and individual sovereignty. The purpose of the study was to analyze the Westminster model enacted in the Caribbean …

Decreasing Ambiguity For Public Administrators Implementing The Foreign Sovereign Immunities Act Of 1976, Barbara Ahmed

Walden Dissertations and Doctoral Studies

Abstract The U.S. Congress created and adopted the Foreign Sovereign Immunities Act (FSIA) to address foreign diplomatic immunity matters. The purpose of this generic qualitative study was to analyze the policy implications of implementing FISA by public administrators. Mettler and SoRelle’s policy feedback theory provided the theoretical foundation for this study. The area of interest for this study was the 50 U.S. states with a focus on two metropolitan areas that include a large diplomatic contingent. Data collected were 180 legal cases brought against foreign diplomats from 2016-2021. In addition, legal cases were retrieved from a legal database and analyzed …

How Prayer Before Public Meetings Affects Participation, Rebecca R. Gomez

Walden Dissertations and Doctoral Studies

Over the past 50 years, there have been numerous lawsuits regarding religion and government. However, there has been little analysis of invocation practices. Other case studies examined invocations of one agency which identified the actions and phrases that led to claims of establishing religion. Therefore, city councils lacked direction to avoid invocation litigation and ensure public participation. Most city councils within Orange County, California, began their public meetings with an invocation. The remaining cities did not have a prayer, and one city had a moment of solemn expression. This qualitative study explored the impact of legislative prayer on meeting participants …

Education Policy Reform In Ghana And The Role Of Avatime Traditional Leaders, Hubert Kwami Akrong

Walden Dissertations and Doctoral Studies

AbstractWith declining academic standards in Ghana, public attention has been focused on education policies. In 1992, the amended constitution excluded traditional village leaders from being involved in formulating education policies in Ghana. The exclusion of grassroots leaders from education policy reform resulted in low expectations and poor student outcomes in the towns and villages of Ghana’s Avatime Traditional Area. This case study was an investigation into how traditional chiefs in the Avatime Traditional Area participate in democratic governance to improve education in the region. Joshee and Goldberg’s social justice theory in policy making was used to ground the study. Data …

How Federal Mortgage Programs Affect Homeownership Outcomes Of Low-Income Households, Lawanda Alexia Brown

Walden Dissertations and Doctoral Studies

Numerous laws and policies have been enacted to aid economic recovery and housing growth after the 2008 housing

crisis in the United States; however, concern remains that low-income families interested in homeownership are in poor

housing situations due to inadequate access to federal homeownership policies and program information. The purpose of

this quantitative study was to analyze the relationship between the variables of income, race, and access to federal

mortgage program policy information and dependent variable HEC on homeownership outcomes for aggregate years

2007 to 2018. Using a quasi-experimental design, the chi-square test of independence was used to test N …

Canadian Policymaker Experiences On Reducing Syndemic Stigma For Hiv And Substance Use Disorder, Nickolas James Cherwinski

Walden Dissertations and Doctoral Studies

People living with HIV (PLWH) and substance use disorder (SUD) experience highly stigmatized lives fraught by influences such as criminal law and stigmatizing public policies. Despite free access to antiretroviral therapy (ART) and mental health services for all Canadian citizens, suboptimal adherence to ART and administratively cumbersome mental health interventions still exist. Many researchers have found the health services for both HIV and SUD to be dynamic, costly, and difficult to maintain; as such, the purpose of this study was to explore the knowledge gap related to the policy implications of syndemic stigma experienced by PLWH and SUD in Canada. …

Paradigm In Social Security Measures: Impetus For Policy Reform In Zimbabwe, Locary Kuponandishe Hlabanu

Walden Dissertations and Doctoral Studies

This study was intended to address lack of knowledge regarding how the social security system in Zimbabwe is perceived by recipients and government employees and what policy reforms could be sought. The study explored perceptions of participants regarding the existing social security system in Zimbabwe. The welfare state theory guided the detailed inquiry. A qualitative case study research design was used to extract feelings, thoughts, and intentions of recipients of social security and government employees and to explore how the results could be applied to improve social security policy in Zimbabwe. Data were collected from a nonrandom purposefully selected sample …

Applying The Narrative Policy Framework To The Usa Freedom Act Of 2015, Michael Sean Hall

Walden Dissertations and Doctoral Studies

The domestic security dilemma is a recurring problem whereby counterterrorism programs are continuously in a state of flux as demands for increased civil liberties and national security compete, as demonstrated by the USA PATRIOT Act of 2001 and USA FREEDOM Act of 2015. The National Security Agency bulk metadata collection program (NSA Surveillance Program) was created to identify terrorists and prevent terrorist attacks, but the USA FREEDOM Act prohibited the program in 2015. The NSA Surveillance Program's prohibition is problematic because the United States may not obtain the intelligence necessary to prevent a terrorist attack. The purpose of this qualitative …

Corruption In Togo's Land Registration And Its Impact On Real Estate Development, Gbati Kakaye

Walden Dissertations and Doctoral Studies

Abstract:Researchers have asserted that following malaria and AIDS, land-related conflict, exacerbated by rampant real estate corruption, is the third-largest problem and leading cause of death in Togo. The current study provided a means of gaining better understanding of the impact of corruption on real estate development in Togo by addressing the following research questions: How is corruption manifested in Togo’s land registration process and how has corruption in land registration process impacted real estate development? Theoretically, the study was underpinned by the cultural and neo-institutional economics framework. Data were collected through individual interviews and a focus group discussion with 15 …

Best Practices For Constitutional Government Under The South Korean Framework Of Democratic Experimentalism, Kiyoung Kim

Walden Dissertations and Doctoral Studies

South Korea has been one of the most successful newborn republics since 1948, and yet, since the new millennium, it has been embroiled in a controversy over the issues of constitutionalism and successful government, with the public expressing concerns about transparency, democracy, and competitiveness. Of particular concern is the public's perception of constitutional government. The purpose of this study was to better understand the elements of governmental success and best practices for constitutionalism in the country's framework of democratic experimentalism. Three prongs of inquiry rooted in the democratic experimentalist tradition (lessons learned from private governance, national institutions, and new concepts …

Immigration Attorneys' Perceptions And Attitudes About Delays In Removal Proceeding Hearings, Awa C. Diawara

Walden Dissertations and Doctoral Studies

Abstract

Immigration courts in the United Sates are struggling to resolve 610,524 removal

proceedings cases with approximately 330 judges located in 58 immigration courts

nationwide. Due to the limited number of judges, case backlogs have increased steadily,

with the wait time being 854 days in 2017 for the first hearing and much longer for case

resolution. The purpose of this case study was to explore the perceptions and attitudes of

immigration attorneys about delays in removal proceeding hearings in an immigration

court in the southwest. Kettl's transformation of governance theory served as the

theoretical foundation for this study, which explored …

Perceptions Of Problems, Policies, And Politics Of A Controversial Pacific State Mosque, Frederick Sahakian

Walden Dissertations and Doctoral Studies

Despite the existence of land use and environmental protection policies designed to provide guidance on land development, some projects can still be contentious. As the number of Muslims and mosques in the United States are increasing, little is known about the problematic conditions that Muslims may experience when attempting to site a new mosque, community center, or cemetery. The purpose of this study was to develop a deeper understanding about the experiences and perceptions of those involved in the failed siting of a controversial mosque, community center, and cemetery project in a U.S. West Coast state. The multiple streams framework …

Does Cybersecurity Law And Emergency Management Provide A Framework For National Electric Grid Protection?, Matthew Ryan Ziska

Walden Dissertations and Doctoral Studies

The U.S. government is responsible for protecting the country's energy and technology infrastructure. Critics argue the United States has failed to prepare, protect and respond to incidents involving the national electric grid leaving communities vulnerable to prolonged power outages. Protection of investor owned utilities' critical infrastructure is vulnerable to cyber and physical harm from the absence of criminalizing the intrusion of private sector computer networks, the lack of cybersecurity threats in emergency management, and the absence of cyber-intelligent leadership supports this argument. The purpose of this study was to introduce an electric grid protection theoretical concept, while identifying whether cybersecurity …

Understanding Judiciary Interpretation Of A Qualified Disability Post-Ada Amendments, Daniel Frank Hallman

Walden Dissertations and Doctoral Studies

In 1990, the Americans with Disability Act (ADA) was enacted to support disabled Americans as they sought to procure equality in society and the workplace. Despite these intentions, full implementation of the ADA has been fraught with court challenges and legislative amendments. As it currently stands, it is unclear as to how the judicial system is collectively interpreting a qualified disability. Using Clark and Connolly's interpretation of legal textualism as the theoretical foundation, the purpose of this case study of the Americans with Disabilities Act was to better understand and explore how the judiciary is currently interpreting qualified disability post-ADA …

An Alignment Between The Choosing The Best Life Curriculum And Title V Program Guidelines, Charletta Hope Barringer-Brown

Walden Dissertations and Doctoral Studies

The research problem in this study addressed the lack of evaluation criteria used to assess the LIFE curriculum's alignment with the A-H guidelines of the federally funded Title V abstinence education program. These A-H guidelines have existed for almost two decades but no evaluation has been done that measured the degree of alignment between a specific curriculum and the federal A-H guidelines. Using Lewis' theory of the culture of poverty as the foundation, the purpose of this qualitative study that used a constant comparison analysis was to evaluate the level of alignment of the LIFE curriculum with each of the …

The Impact Of Treatment Programs In Reducing The Incarceration Rate For Children With Incarcerated Parents, Chandra Valencia Thornton

Walden Dissertations and Doctoral Studies

Research has found that children who experience the incarceration of a parent may experience behavioral, psychological, and emotional problems. Studies have identified treatment programs and interventions designed to alleviate the long-term effects of parental incarceration on children. Limited research exists on the impact of treatment programs and interventions on these children. The purpose of this research was to determine if treatment programs are successful in reducing future incarceration rates for adults that experienced the incarceration of a parent during childhood. Research questions examined how treatment programs and interventions impacted the sample population. A phenomenological approach guided the study methods and …

Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón

Walden Dissertations and Doctoral Studies

In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …

Experiences And Perceptions Regarding Emergency Telephone Number Use Relative To Civic Engagement, Jacquetta Mccoy

Walden Dissertations and Doctoral Studies

Lack of engagement in public service awareness education programs, coupled with reduced funding to implement a diversion system such as 311 systems or 10-digit phone numbers, contribute to 911 misuse. Many local governments have invested in alternative systems, but research regarding community members' use of 911 or alternatives relative to civic engagement is lacking. Guided by Gordon's conceptualization of civic engagement, this phenomenological study bridged the gap in knowledge by exploring community members' civic involvement and their use of 911 between 2012 and 2015 in a county in the state of Georgia. A snowball sampling strategy was used to select …

Privacy Concerns Regarding The Use Of Biometrics In Trusted Traveler Programs, Shari Merlano

Walden Dissertations and Doctoral Studies

One of the objectives of the U.S. government is to balance the individual’s right to privacy and national security interests. Trusted Traveler programs create a risk-based security model where the traveling public is categorized into low or high risk. There are, however, some privacy concerns related to the acceptance of the use of biometric technology in the adoption of expedited security screening procedures in commercial airports. The theoretical construct of this case study of the TSA Pre-Check Program is based on Ajzen and Fischbein’s theory of reasoned action, specifically through Davis’ technology acceptance model. The purpose of this case study …