Law Commons^™

Ley Olimpia: Examining Policymaking Around Digital Violence, Andrea Alejandra Capella-Castro

Undergraduate Honors Theses

The topic of this thesis is policymaking and regulations around digital gender violence. This work intends to examine what methods effectively regulate and eradicate Online-Gender Based Violence (OGBV), a new type of Gender-Based Violence (GBV). Effective policymaking for the digital space has a significant impact on our society and especially on women as they remain the most objectified, attacked, and harassed on social media platforms. Therefore, social media needs an effective policy to address digital gender violence. Furthermore, the topic is relevant because policymaking around digital gender violence will advance the feminist movement’s fight and protect women and social media …

Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington

Honors College Theses

This research examines the comparative efficacy of federal appellate court decisions and federal legislation with regards to the furtherance of civil rights on the basis of sexual orientation. The research examines efficacy based upon the number of measures which have been implemented as well as the content of each measure. The research examines federal appellate and Supreme Court decisions, as well as adopted pieces of federal legislation since 1950. It also examines the likely causes of the disparities in efficacy that are indicated in this analysis. The findings of this research indicate that litigation has been much more effective at …

Collateral Damage: How Expanding Public Charge Policy Influences Adult Esl Enrollment, Allison M. Eckert

Master's Theses

This study used statistical analysis of enrollment records for ESL programs at community colleges throughout California from 2015-2019 to determine whether adult immigrants’ participation in public ESL programs was reduced under President Donald Trump. Immigrant families’ lesser use of public education services and means-tested federal benefits has been widely documented in the wake of Trump’s expansion of the public charge rule, which counted immigrants’ use of a wider array of public benefits against their case for residency in the United States than had any previous iteration of the rule. Failing the public charge test can block an immigrant’s entry into …

[Dis]Assembling Race: The Fepc In Oklahoma, 1941-1946, Arley Ward

Graduate Theses and Dissertations

On the World War II home front in Oklahoma the Fair Employment Practice Committee (FEPC) succeeded in securing defense jobs for African Americans. The efforts of the committee, The Oklahoma Eagle, the Oklahoma City Black Dispatch, and the State Conference of Branches of the National Association for the Advancement of Colored People (NAACP) advanced civil rights in Oklahoma throughout World War II and beyond. The efforts of the FEPC in Oklahoma connect civil rights efforts in the 1940s directly to Brown v Board of Education, (1954) and the classic civil rights movement.

A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson

Honors Theses

Through its incarceration of simple possession offenders, Mississippi is failing to acknowledge the severity of addiction and importance of mental health. In this paper, I will examine Mississippi’s history of opinion and policy on drug use. In order to gain a better understanding of addiction and Mississippi’s criminal justice system, I interview several individuals with experience in varying aspects of these issues. Mississippi has one of the highest rates of incarceration in the United States, with stringent laws regarding the possession of narcotics. Mississippi’s mental health resources have been deemed unconstitutionally deficient on more than one occasion, and addicts are …

An Epidemic Amidst A Pandemic: A Critical Policy Analysis Of Supervised Consumption Sites, Vanisa Ezukuse

Electronic Thesis and Dissertation Repository

This study's primary purpose is to critically appraise current federal and provincial policies regarding supervised consumption sites (SCS), noting intended and unintended consequences; and how these policies could impact SCS users. This study's secondary goal is to compare current policies related to SCS in Alberta, British Columbia, Ontario, and Quebec to provide critical insight and suggestions for ongoing policy development. Carol Bacchi’s (2009) “What is the Problem Represented to Be?” framework was applied to the Canadian policy document with a focus on SCS. Four themes are proposed: Public Health versus Criminality, Presumptions versus Assumptions, Policy Unaccountability, and Policy Duality. It …

The Influence Of Prosecutorial Overcharging On Defendant And Defense Attorney Plea Decision Making: Documenting And Debiasing The Anchoring Effect, Stephanie Aurora Cardenas

Dissertations, Theses, and Capstone Projects

Strategic overcharging, a practice that some prosecutors readily employ to threaten defendants with excessively severe sentences, undermines the Sixth Amendment right to trial by coercing defendants to plead guilty rather than face penalties disproportionate to their alleged misconduct. Legal scholars and psychologists have long suggested that strategic overcharging may elicit powerful anchoring effects that bias defendants’, but not attorneys’ evaluations, of the plea offer. The current research sought to examine (a) the extent to which mock defendants and legal professionals were susceptible to the anchoring bias, (b) elucidate the mechanism underlying susceptibility to the anchoring effect in plea contexts, and …

Parental Plea Bargain Recommendations To Their Child In A Juvenile Court Setting, Aliya J. Birnbaum

Student Theses

This study examined parent acquiescence to attorney recommendations pertaining to plea bargain decisions, as well as whether this differed based on the racial similarity between an attorney and their juvenile client’s parent. Past research has shown that youth are vulnerable to the influence of perceived authority figures in a plea-bargain setting, leading them to rely heavily on the input of their parents and attorneys for how to plead. This study expands the literature to include how attorney race impacts parents’ plea decisions. A sample of parents of youth aged 11- 17 read a vignette, in which attorney race was manipulated, …

Afectaciones En La Calidad De Vida De Las Personas Víctimas Del Conflicto Armado Con Discapacidad De La Localidad De Bosa, Andrea Paola Villamarin Navero

Maestría en Estudios y Gestión del Desarrollo – MEGD

Esta investigación se basará en la población de 5 personas víctimas del conflicto armado, en condición de discapacidad cuyo fin es realizar un diagnóstico social sobre las Afectaciones de en la calidad de vida, frente a su doble vulnerabilidad, que en alguno s casos es triple solo por el hecho de ser mujer. En el trascurso dela investigación se realizó un trabajo de campo basado en cuestionarios y encuestas a las personas víctimas del conflicto armado y en condición de discapacidad analizando las condiciones actuales de su calidad de vida.

Generalmente la sociedad en general discrimina a las personas con …

Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait

Doctoral Dissertations

My dissertation explores ordinary Black South Africans' perceptions of the law and how these perceptions impact their views of the desirability and appropriateness of appealing to courts when they have problems accessing constitutionally guaranteed services. Specifically, I study why people choose not to use courts to secure access to water, healthcare, education, and housing when it is both legal and possible to do so. Since it transitioned to democracy, South Africa has become one of the leaders of socioeconomic rights protection through courts. It is globally recognized for its progressive constitution buttressed by an expansive system of rights and a …

Reshaping African American Women's Birthing Experience, Kiana Bulloch

Global Honors Theses

In the United States, African American women are two to three times more likely to die from pregnancy-related complications than any other race or ethnic group. The high maternal mortality rate has continued to be a global problem. The maternal mortality rate (MMR) is a universal measurement of registered maternal deaths due to birth or pregnancy-related complications. The U.S. has continued to have an MMR well above the global average despite establishing interventions in socio-economic gaps. In an effort to decrease MMR, the United Nations proposed a global plan to decrease maternal mortality by 75% as one of the eight …

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

University of New Orleans Theses and Dissertations

No abstract provided.

Refugee Policy In Australia And New Zealand: An Approach For Resettling Environmentally Displaced Persons?, Sedina Sinanovic

Master's Theses

An increase in human mobility as a consequence of climate change induced slow-onset environmental degradation and sudden-onset natural disasters is expected to be a defining feature of the 21st century. Inexorably shifting the global migratory landscape, the United Nations High Commissioner for Refugees (UNHCR) approximates that roughly 250 million people will be forcefully displaced due to adverse climate impacts by 2050. While there is no international consensus on appropriately categorizing such people, this thesis refers to them as "environmentally-displaced persons" (EDPs). Since EDPs do not qualify for "refugee" status, they are not afforded access to assistance under the 1951 Convention …

When Half The Neighborhood Is Missing: How To Overcome Systemic Poverty And Gentrification Following The Models Of Dudley Street And Mission Waco, Kevin A. Brown, Kevin A. Brown, Kevin A. Brown

Doctor of Ministry Projects and Theses

Abstract

By following the examples of Mission Waco and The Dudley Street Initiative, it is possible to renew a sense of beloved community by changing the narrative of poverty and gentrification by rebuilding the village through empowering the poor and marginalized.

Mission Waco and The Dudley Street Initiative are comprehensive sustainable communities because they combine numerous social and economic interventions under developed strategic plans. The principal question that this dissertation seeks to answer is whether these models can be implemented in local communities to help overcome gentrification and poverty. Implementation can be successful if we can identify the problem, rethink …

The Phenomenon Of Sexual Violence During Armed Conflicts In The Twenty-First Century: Entering The Era Of Survivors As Agents Of Peace, Shayna Kushner

International Relations Honors Papers

Evidence suggests the twenty-first century has witnessed a surge in armed conflicts and ethnic wars targeting marginalized communities, subjecting innocent civilians to violence and destruction. Among the tactics aimed to disrupt family and social ties within the existing communities, some armed groups and government sponsored soldiers have subjected vulnerable individuals to wartime rape and conflict-related sexual violence including physical and mental abuse. While the international community attempts to intervene militarily and judicially to quell the sexual violence, institutions and individual actors fall short of providing justice and accountability to survivors and victims of conflict-related sexual violence. Through the case studies …

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

Ed.D. Dissertations

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

"They Would Do As They Pleased, As They Had The Power": Gender Violence And The American Settler-Colonial Project, 1830-1890, Noelle Iati

Women's History Theses

This thesis investigates the role of gender violence and sexual terror in westward settler expansion of the United States in the nineteenth century. I posit that gender violence was not simply a symptom of war and colonization, but an integral piece of the American colonization strategy. Using studies of three locations during three different periods, I have found that the local, territorial, state, and federal governments all actively deployed sexual assault and other forms of gendered terror as methods of removing Indigenous peoples to reservations and rancherías, opening their lands to settlement and resource exploitation for the purpose of acquiring …

Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh

Master's Theses

Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …

Mental Health, Substance Abuse And Recidivism: Perceptions Of Key Justice System Stakeholders In Southern California, Tabari Zahir

Electronic Theses, Projects, and Dissertations

Despite the 2011 landmark decision of the United States Supreme Court ordering the California authorities to address prison overcrowding, the Golden State still faces significant challenges dealing with the size of its correctional population. Recidivism plays a preponderant role in slowing down the momentum toward overcoming relatively high rates of incarceration across the state. The purpose of this study was to explore the perceptions of key human services stakeholders about the intersection of three major challenges in the California criminal justice system: mental health, substance use, and recidivism. Embracing a continuum of care approach, this study ultimately attempted to explore …

Welcoming The Game Changer Of Human Society: A Defense Of The Moral Permissibility And Obligations Of Human Genetic Engineering, Yongkang Li

Undergraduate Honors Theses

In 2018, a Chinese scientist, Jiankun He, announced the birth of two HIV-resistant babies through his experiment of human genetic engineering. This incidence has soon shocked the entire scientific community and invoked public outrage towards He’s corrupt moral integrity.

However, this event should also act as a harbinger to the human society that the technique of human genetic engineering is rapidly approaching maturity. In that case, how should we respond?

This thesis focuses on the moral issues surrounding human genetic engineering and advertises an accepting moral attitude to this booming technology. This thesis will first discuss the types of human …

National Sex Offender Registration Policies And The Unintended Consequences, Sydney J. Selman

Chancellor’s Honors Program Projects

No abstract provided.

Racial Racial Discrimination Within The United States Criminal Justice System, Courtney Speigal

Honors Projects

For my senior honors project, I chose the topic of discrimination within our criminal justice system. I will be attending law school next year, and this topic has inspired me to become a lawyer. 2020 has been a year with a lot of protesting against social injustice, and change in our democracy. The Black Lives Matter Movement came to light once again, because of a number of questionable cases involving African American citizens. Considering all of this, I decided to research further the discrimination in our country, in a number of areas. I also will be looking at how we …

Fighting Human Trafficking And Exploitation Through The Power Of Local Policy And Programs: Analysis And Recommendations, Abby Torrice

Community Engagement Student Work

While the United States has made great strides since 2000 to combat human trafficking federally, there is still much to be done. This capstone project provides a comprehensive understanding of key terms related to human trafficking. These terms are then used to provide context to the reality of the issue of human trafficking and exploitation in our world today, and specifically the United States. Although human trafficking legislation has made swift advances at the federal level since 2000 and states have followed suit in creating their own policies, local municipalities and communities have an immense amount of power in creating …

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …

America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman

Scripps Senior Theses

The goal of this thesis is to critique the current American Presidential electoral system, the Electoral College, and to show what an alternative could potentially mean for the American people. This paper seeks to answer the following questions: What are the main arguments for the Electoral College, why are they troubling, and how can we mend American Presidential elections for the greater purposes of political equality, democracy, and freedom? To do so, core arguments made by conservative pundits in favor of the Electoral College are outlined in order to bring attention to their logical, political, and moral inconsistencies. The inequalities …

Medical Knowledge As A Recalcitrant Epistemological System: An Application Of Standpoint Epistemology In The Analysis Of Marginalization Within U.S Healthcare, Abby Deshazo

CMC Senior Theses

Research on healthcare disparities outside the field of epistemology tend to miss the true origins of oppressions imposed on marginalized individuals by the U.S healthcare system. This happens because of the false belief that these oppressions are reducible to social or political oppressions. By employing the perspective of a standpoint epistemologist, we can better identify the origins of these oppressions and subsequently consider more appropriate solutions. The standpoint epistemologist’s perspective (1) provides an intuitive case for the role individuals’ schemas play in the evaluation of what healthcare professionals know; (2) situates medical knowledge within epistemology, leading us to …

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

Pitzer Senior Theses

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