Law Commons^™

Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson

Honors Thesis

Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

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). …

Navigating Complexity Of Serving Displaced Communities: A Study Of Yemeni Community-Based Organizations In Egypt, Alya Mohammed Al-Mahdi

Theses and Dissertations

Forced displacement is a global crisis that poses challenges for nations like Egypt. Despite international NGO support, escalating displaced individuals have overwhelmed existing capacities. Refugee Community-Based Organizations (CBOs) have emerged as a natural response from the communities themselves to bridge the gap between the state and NGOs and the refugee community. However, CBOs in Egypt face challenges that impact their operation and continuity. Through qualitative research, this study aims to explore the experience of the Yemeni CBOs. Through interviews with seven people from six CBOs conducted through field visits and online calls, this research uncovers the dynamics of Yemeni CBOs …

"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo

Doctoral Dissertations

“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …

Security Of Tenure In Egypt: Policies And Challenges, Arig Eweida

Theses and Dissertations

This thesis explores a set of urban laws and policies adopted in the past decade in Egypt regarding their possible effect on security of tenure as an element of the right to housing. The past decade has witnessed a legislative focus on formalizing tenure rights coupled with policies aiming at redevelopment of informal settlements, infrastructure projects and lately a goal of eliminating unplanned areas by 2030. This research attempts to untangle what these laws and policies could mean for a country with 40% of its housing being informal. It builds on a rich literature on titling programs in developing countries …

The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz

Geography Undergraduate Senior Theses

Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …

Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse

Major Papers

This major paper examines the Cuban embargo as an ineffective hard power policy and explores the potential of soft, hard, and smart power as alternative approaches to resolve the failures of the 60-year-old blockade. The paper analyzes the historical context and rationale behind the embargo and assesses its impact on Cuban-American relations, regional stability, and U.S. national interests. The study argues that the embargo has failed to achieve its intended goals and has instead perpetuated a cycle of hostility, isolation, and human rights abuses. By drawing on the theoretical frameworks of soft, hard, and smart power, the paper presents policy …

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 …

Tribal Statecraft And Freedom Of Expression In Jordan, Taylor Northcutt

Honors Theses

In this research paper, I investigate the connection between the policies regarding freedom of speech and expression promulgated by the government of Jordan in the decade following the Arab Spring and Jordan’s tribal Bedouin heritage, with a focus on how traditional Bedouin values and attitudes regarding the nature and purpose of public spaces influence modern state policies regarding freedom of expression. In the investigation of this subject, I surveyed a diverse catalog of research covering politics and issues of freedom of expression in Jordan in the 2010s as well as the political and social values of tribal Arab culture in …

Fourthspace: The Role Of Active Social Inclusion In The Workforce Entry Of Syrian Refugees In Scandinavia, Anisa Abeytia

Master's Theses

The 2015 displacement of Syrian refugees into Scandinavian countries provoked a refugee integration policy adjustment that focused on workforce and higher education entry. It is a policy approach that requires attention on barriers to workforce entry to ensure effective policy implementation. This article provides insight into the larger, often overlooked barriers of Eurocentrism and historical biases on refugee labor integration and provides policy solutions to reduce their impact. Active social inclusion (ASI) and Fourthspace are introduced as a framework to reduce biases to workforce entry and integration time barriers faced by Syrian refugees. ASI can provide mechanisms to increase access …

A Case Study Of California's Maternal Health Landscape And Recommendations For Mississippi, Kinley Miller

Honors Theses

This paper is a case study of California’s maternal health landscape, reflecting its exceptional approach to the maternal health crisis. I review several policies: the creation of the Maternal Quality Care Collaborative, the Maternal Data Center, and the Maternal Mortality Review Committee, maternal health toolkits, Medicaid expansion, extended postpartum Medicaid coverage, paid family leave, C-Section Honor Roll, and maternal mental health measures. The case study suggests that all of these policies in conjunction with one another correlates with a decrease maternal mortality. California’s proactive approach and ability to mobilize public and private entities are key attributors to its success in …

Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez

Theses & Dissertations

The Senior Executive Service (SES) is the highest tier of executive management and leadership in the federal government. The Latino/a population has significantly increased in the past three decades with no corresponding increase in the federal workforce and the number of Latinos/as serving in the SES remains low. As Latinos/as in the SES are largely underrepresented, their ability to influence federal policies is significantly undermined. The purpose of this study is to explore the testimonios (testimonies) of Latinas in the SES to better understand their experiences while navigating entry into the SES and maintaining their respective positions.

This study used …

The Intersection Of Urban Heat Islands And The Cdc Social Vulnerability Index In Two Border Cities, Ileana Morales

Open Access Theses & Dissertations

No abstract provided.

The Civil War Conflict Between Anglophones/Francophones In The Northwest And Southwest Regions Of Cameroon, Myriam Jeter

Graduate Program in International Studies Theses & Dissertations

The Civil War conflict between Anglophones and Francophones, also known as the Ambazonia war, is a long-standing issue that continues to plague the people living in the Northwest and Southwest regions of Cameroon. This paper explores the colonial history of the nation, the cause of the ongoing conflict, the reasons for its escalation, and how it gave rise to the Ambazonian separatists who want to have a separate nation called the Ambazonia Republic.

This study contributes to conflict understanding in two ways. First, it sheds light on the cultural and economic impacts of internally generated crises in a country. Second, …

Impact Of Community-Based Care Model On Child Welfare Professionals: A Study Of Workload, Job Satisfaction, And Turnover Intent, Kerri Taylor

Electronic Theses and Dissertations

Much of the research on child welfare workers is in a traditional service model. However, there is a lack of empirical studies regarding childcare workers in a community-based care model. This study examines whether transitioning to the community-based model has positively impacted workers’ perspectives regarding turnover intention, job satisfaction, and workload manageability. A cross-sectional survey design was used with convenient sampling from a Texas Department of Family Protective Service Region that transitioned to the CBC model. The single source continuum contractor employed a sample of 125 potential respondents in the selected region. A total of 43 permanency workers responded to …

Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar

Electronic Theses, Projects, and Dissertations

Purpose: This study explored mental health workers perspectives on alternative approaches in responding to mental health crises.

The study was carried out in Southern California, in collaboration with mental health workers who currently work or previously have worked in mental health crisis. It adopted a post-positivists paradigm and data was gathered through individual interviews with mental health workers who have direct experience with mental health crisis response in the community and with the police. The twenty participants in the study were men and women working in the mental health field, and of various backgrounds, licensures, and ages.

The study found …

What Doesn’T Kill You Makes You Stronger: The Shifting Strategies Of Japan’S Yakuza In Response To Economic Globalization And Securitization, Benjamin P. Murkison

Honors College Theses

The Yakuza in Japan is a deeply traditional and infamous ethnic mafia, which has historically based their profits off of the protection of gambling rings and street vendors, but have developed into one of the most sophisticated and wealthy criminal institutions in the world. Reaching their peak in the 1960’s with around 200,000 members, the Yakuza has been in a slow decline ever since. However, the past decade has seen the most dramatic drop in Yakuza numbers in recorded history, as a result of increasing securitization by the Japanese state. As their power has declined within Japan, they have only …

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 …

Exploring The Relationship Between Civil Legal Assistance And The Outcomes Of Domestic And Intimate Partner Violence Victims: A Literature Review, Kailena E. Anderson

Honors Thesis

While there are a variety of services available to victims of Domestic and Intimate Partner Violence, the civil legal needs of victims often go unmet. In addition to this, these is a relatively small body of research from which programs that provide civil legal aid can discover best practices and use evidence-based approaches. This article aims to begin addressing these issues by examining available literature and program evaluations, connecting program factors to client outcomes. The two main conclusions found from the evaluation are that full representation provides the most benefits and that the type of law being practiced (i.e. protective …

Recessionary Woes: Examining Economic Policies And Their Impact On Student Loan Debt And Housing Stability In The United States, Connor Recck

Senior Theses and Projects

Recessionary periods can seldom be avoided, but our modern public infrastructure has designed mechanisms to respond to these downturns. Economic policy has rapidly changed over the last 50 years, and the types of tools policymakers use have evolved with it. When looking at the Great Recession (2007-2009) and the COVID-19 recession (2020), a federal response structure was vital for the health of the macroeconomy. These recessionary periods serve as case studies for a review of economic policymaking activity in the United States since 2000. To examine the efficacy of the federal government’s fiscal and monetary infrastructure, policies focused on supporting …

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

Impact Of Social Media  On Public Perception Of Government Covid-19 Response Efforts, Taher Taher

Theses and Dissertations

This research aims to understand this phenomenon to provide insights into how governments can perform better in times of crisis regarding social media and its impact on public opinion. This research aims to understand how social media impacts public perception of government COVID-19 response efforts by studying Facebook comments, likes, and reactions (emoticons).

The study was based on data gathered from Facebook comments on the daily infographic COVID-19 statistics from the official site of the Ministry of Health and Population. The sampling frame is the 52 weeks of 2020, January to December, through random sampling resulting in 546 comments. The …

Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic

Major Papers

Elder abuse and neglect continues to be a gray area when it comes to convicting perpetrators such as family, friends, strangers, and caregivers who commit any form of physical, psychological, financial, neglect, or sexual abuse towards an elder. This is due to the legal definition being vague and non-transparent. The legal and health systems rely on two different definitions of what is deemed to be elder abuse and neglect in Canada when reviewing or assessing allegations of such abuse. Elder abuse and neglect increased throughout the COVID-19 pandemic, during which Ontario and the rest of Canada experienced staffing shortages in …

Voter Influencing In State Trial Court Judicial Elections In Los Angeles, San Francisco, And Houston, Myanna Dellinger

Dissertations and Theses

This dissertation examines select key factors that influence voter choices in state trial court judicial elections in three large, cosmopolitan counties in California and Texas. These include ballot designations (i.e., professional titles of candidates), “evaluations” of candidates by local bar associations, newspaper endorsements, political party affiliation, and gender. Focus here is on ballot designations and local bar association evaluations; the subjective opinions issued by local bar associations as official-sounding, objective and qualitative evaluations. In turn, local bar associations are private, voluntary associations consisting of fee-paying members and not overseeing state bar associations as many laypeople believe. Judicial elections remain low-information, …

Petroleum And The Politics Of Decolonization In Indonesia: A Study Of Economic Development And Nationalism, Jan P. Wenger

Honors Theses

This study examines Indonesia’s reliance and independence on foreign direct investment (FDI) and multinational corporations (MNCs) in the oil and gas sector. Analyzing historical, economic, and political primary and secondary sources and conducting qualitative interviews, the research explores the friction between economic development aspirations and nationalist sentiments. The study reveals that the current ambiguity surrounding FDI and MNC policies in Indonesia’s oil and gas sector can be traced back to the country’s economic decolonization and demonstrates that Indonesia’s economic policies towards these factors shifted in the aftermath of political change. Since gaining independence, Indonesia has strived to balance the pursuit …

The Impact Covid-19 On The Healthcare Industry’S Systems And Policies: A Case Study, Jameyshia Franklin

West Chester University Doctoral Projects

People worldwide experienced some impacts from the 2019 Coronavirus at various degree. The healthcare industry worldwide was significantly affected by the high volume of patients being infected with the Coronavirus. The COVID-19 virus brought on several challenges for the healthcare industry and the federal government in the United States. Hospitals operated under severe circumstances to treat sick COVID-19 patients and keep their employees safe from contracting the disease. Government mandated social distancing, mask wearing, and cancelation and closing of services to assist with stopping the spread of the virus. This study aimed to identify how the pandemic affected the healthcare …

Harmonisation In The Rules Governing The Recognition Of Foreign Judicial Ship Sales, Yingfeng Shao

World Maritime University Ph.D. Dissertations

Ships, the high-value asset used in both seagoing and inland navigation, and in which various legal and natural persons have interests, must be secured against legal risks arising from any cross-border legal divergence. Legal certainty of ownership of the ship is therefore desirable but it is under challenge with regard to the judicial sale of a ship: the effects of a judicial sale may be denied in a jurisdiction other than the place where it was sold under the principles of state jurisdiction.

Multiple efforts have been made to address legal uncertainty. Particularly important is a new treaty governing the …

The Rome Statute And Its Significance In Combatting Impunity For Rape In Ethiopia, Kassahun Yibeltal Sahilu

Walden Dissertations and Doctoral Studies

The goal of ending impunity for atrocity crimes including rape is globally appreciated and accepted with little reservation; however, the actual relevance to the domestic situation in Ethiopia has not been previously explored. The purpose of this study was to examine the role of the Rome Statute, a treaty on atrocity crimes, in combating impunity for perpetrators of rape in Ethiopia in light of Feminist Theory and Domestic Politics of Theory of Treaty Compliance. The research explored the significance of the treaty considering the actual condition of the country by conducting semi-structured group and personal interviews with two lawyers working …

The Lived Experiences Of 911 Telecommunicators: Life Outside Of The Call Center, Mary's Dariela Martinez

Theses and Dissertations

911 operators are tasked with solving the caller's problem by promptly and efficiently decoding a cry for help, collecting pertinent information, quickly deciding its priority level, and dispatching the appropriate assistance. These employees are responsible for what happens on that line, internalizing their problems to solve those of the callers, which often result in stress disorders, trauma, and personal, professional, and social issues. Their job duties are extensive, the responsibility is vast, and the overall environment can be overwhelming. Aside from the environmental stressors, the details of each critical incident leave the employee susceptible to various risk factors and other …