Law Commons^™

Transnational Legal Violence: Undocumented Women V. U.S. Immigration Law, Luis A. Mendoza

CMC Senior Theses

This thesis examines how undocumented women, particularly Latinas, experience "transnational legal violence" within the U.S. immigration system. Transnational legal violence extends the framework of legal violence by identifying how immigration policies weaponize absence and distance across national boundaries, forcing women to choose between physical safety and legal recognition. The thesis is guided by a central question: What immigration system are migrant women, specifically Latinas, responding to?

The analysis rooted in the intersections of gender and citizenship reveals how immigration law remains rooted in coverture traditions that historically rendered immigrant women dependent on male U.S. citizens. For these women, deportation presents …

Legislatures And Localized Resentencing, Ronald F. Wright, Kay L. Levine

Faculty Articles

Recent legislation, exemplified in statutes from California and Washington, creates new methods for resentencing defendants in old cases. These laws place controlling authority for resentencing in the hands of local officials, especially local prosecutors, and invite variation at the county level.

While some new procedural channels for reducing the sentences of people convicted of past crimes are mandatory, in that they entitle certain defendants to resentencing if they were convicted of certain crimes or were subject to certain penalty enhancements that are no longer valid, other statutes create discretionary resentencing channels. In the discretionary channels, the chief local prosecutor has …

Customary Corruption, Ani B. Satz, Liza Vertinsky

Faculty Articles

For over a hundred years, it has been well-accepted among tort scholars that physicians—as one of the legally recognized professions— determine their own customary practices. Within tort law, and medical malpractice more specifically, customary practice establishes whether physicians breach or uphold the required standard of care toward their patients. The results of our hand-coded examination of decided cases and statutes show a more complex picture. While some states have endeavored to shift the standard away from professional custom, it continues to play a critical, and in many cases a determinative, role in establishing physician liability in most states.

Using illustrative …

Vice Capital, Andrew K. Jennings, Kimberly D. Krawiec

Faculty Articles

Academic and market interest in environmental, social, and governance (ESG) investing has grown markedly in recent years. Although less prominent, a substantial literature also explores whether “sin pays” in the public capital markets. This literature’s underlying theory is that social norms discourage the funding of businesses that promote vice. According to this theory, some investors—particularly institutions sensitive to social norms, such as pension funds and foundations—will shun vice investments. A consequence of this aversion is a “vice premium” for those investors who will invest in such companies. Largely unexplored, however, is what industries or business models qualify as “vice,” how …

Extramural Absolutism, Deepa Das Acevedo

Faculty Articles

As battles over academia escalate, an area of intensifying concern is the speech faculty engage in outside their professional functions—what is often called “extramural” speech. Professors have been criticized, disciplined, pressured to resign, and even terminated for extramural speech that is deemed offensive by individuals inside and outside university communities. And yet, academics generally remain committed to a principle that this Article identifies as extramural absolutism.

The Article explains extramural absolutism’s unpopularity outside academia as a reasonable consequence of the way supporters have presented and justified it. Contrary to widespread scholarly portrayal, extramural absolutism is not a moderate concession justified …

Searching For A Big Score: Analyzing Drug Yield From Search Warrant Executions, Elizabeth Griffiths, Walter Campbell, Kay L. Levine, Joshua C. Hinkle

Faculty Articles

In this study, we investigated the extent to which law enforcement efforts predicted drug and other kinds of illicit yield in search warrant executions. The data are drawn from one major metropolitan police department during 2005, 2009, and 2012. Using multilevel random intercept logistic regression models and multilevel random intercept multinomial logistic regression models, we regress high yields of various kinds of drugs and other illicit items seized during searches on the investigative activities that led to search warrant applications and the enlistment of teams of officers or other agencies in executing the search. Investments in high-effort search warrant work …

Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson

Undergraduate Honors Theses

Concerns about the efficacy and sustainability of the U.S. carceral system have persisted throughout the country’s history, recently fueling renewed activism and bipartisan calls for reform. However, proposed solutions remain divisive. This thesis first defines the current status of our prison systems, then explores collaborative alternatives to incarceration and policing that support communities and break cycles of incarceration.

Focusing on partnerships among local governments, community organizations, justice-involved individuals, and law enforcement, this study examines holistic approaches to crime prevention, reentry, and reintegration. Using an interdisciplinary framework incorporating restorative justice, community resilience, and systems theory, it investigates how community-based strategies can …

Space For The Departed: Burial, Land Scarcity, And Bone-Ash Apartments In China, Xinyi Wu

Pitzer Senior Theses

The rise of bone ash apartments in China reflects a layered response to urban land scarcity, shifting funeral policies, and real estate speculation. As the state mandates cremation and restricts private cemetery development, traditional burial customs are increasingly reshaped by spatial limitations, economic pressures, and political regulation.

For some families, bone ash apartments function as modern ancestral halls—domestic spaces for remembrance and ritual continuity. For others, they represent a pragmatic investment strategy, offering long-term storage of ashes within assets that retain market value.

This thesis examines how urban planning, state funeral policy, real estate dynamics, and the disintegration of neighborhood …

The Method Is The Message: Movement Law And The Social Change Commons, Raymond H. Brescia

Dickinson Law Review (2017-Present)

Legal scholars have long sought to understand the relationship between social movements and the law. A new group of such scholars has argued that to better understand this relationship, and to advance social change that is effective, sustainable, equitable, and just, they must engage in dialogue with such movements to generate ideas that will catalyze that change. For those interested in generating ideas that can spark meaningful and lasting social change, such developments in legal scholarship represent an exciting evolution in the relationship between legal scholarship, legal scholars, and social movements: a relationship that appears to be growing stronger, deeper, …

Overcoming Obstacles To Equitable Energy Transitions And Promoting Energy Sovereignty For Us Tribal Nations, Don Lee

Dissertations, Master's Theses and Master's Reports

This dissertation explores the potential of equitable energy transitions guided by the tenets of energy justice with a focus on Tribal energy sovereignty through renewable energy development. It contributes to the literature on the social acceptance of energy systems, public perceptions of renewable energy transitions, the ramifications of US federal Tribal law on Tribal energy development and sovereignty, and the implications of conforming to capitalist logics in the energy justice literature.

To understand the importance of building reciprocal and collaborative relationships, our team of researchers and Tribal members collaborated on the development of a methodology to survey respondents in a …

An In-Depth Review Of Euthanasia-Related Practices, Arguments For/Against Them, And Proposed Solutions For Their Most Glaring Legal/Ethical Problems, Macon Plecha

Williams Honors College, Honors Research Projects

This paper’s goal is to cover the topic of euthanasia-related practices at great length. Terminology, history, and current programs around the world are discussed first, with the last point covering a wide geographical range: Colombia, Japan, Israel, and Africa, to name a few outside of the Western world standard. Arguments for and against euthanasia-related practices are explored. Within these arguments, several pressing legal and ethical issues arise, and the most severe of these are expanded on through the offering of potential solutions: how to handle stand-alone psychiatric cases, how to improve advanced directives and poor reporting rates, and how to …

Reproductive Rights: How Voting Behavior Illustrates Shifting Political Attitudes, Keavy Callwood

Williams Honors College, Honors Research Projects

This research project intends to explore a causal link between the Supreme Court decision in Dobbs v. Jackson Women's Health Organization (2022) and shifting political attitudes as modeled through voting behaviors. Research will be conducted by using data from government and reputable sources that are representative of the general public to show that political attitudes have shifted since the release of the Dobbs decision. Additionally, the question will be analyzed through discussing several political theories and applying them to the current issues being studied. This research could help show how the Supreme Court is an important actor in the political …

From Proposal To Practice: Unpacking The Failed New Jersey Joint Custody Bills And Their Implications For Domestic Violence Victims, Jenna Rosenstein

Cardozo Journal of Equal Rights & Social Justice

The note critically examines the failed 2018 New Jersey bills proposing a presumption of joint legal and physical custody in child custody matters, arguing that such measures may inadvertently harm victims of domestic violence by shifting the burden of proof onto them and failing to account for the complexities of abuse. It advocates for a more nuanced legal framework that balances shared parenting with the safety and well-being of domestic violence victims and their children.

Instruments Implementation Audits And Development Strategies For Taiwan As A Non-Member State Of The Imo, Hui-Huang Tai, Tun-Hao Hsu

Journal of Marine Science and Technology–Taiwan

The International Maritime Organization (IMO) has formulated numerous maritime-related conventions. The promotion of mandatory audits is required to ensure that the implementation of maritime management systems in various countries complies with the IMO Instruments Implementation Code (III Code) and that both member states and non-member states implement these conventions. This is not only an obligation but also a responsibility for all countries to promote the development of the maritime industry. This study investigates how Taiwan, one of the non-member state of the IMO, implements the audit process and develops future implementation strategies for various maritime conventions. This issue is of …

Exploring The Dynamics And Outcomes Of Family Engagement In Child Welfare Services: A Structural Equation Modeling Approach, Jianchao Lai, Michelle Graef, Todd Franke

Center on Children, Families, and the Law: Faculty Publications

Background: Engaging families effectively in child welfare services remains a persistent challenge, shaped by complex interactions between agency practices and family circumstances. While existing research has explored this issue, it has predominantly relied on data from agency and caseworker perspectives, often overlooking the crucial viewpoint of the families. Objectives: This study investigates families’ subjective experiences and perceptions within the child welfare system, focusing on their satisfaction with child welfare workers and overall engagement. Methods: The study draws on data collected through an evaluation of the implementation of Alternative Response in a Midwestern state. Agency administrative data is integrated with additional …

Jurisprudence Of Problem-Solving Courts: A Study Of Structure, Success, And Sociological Theory, Lauren M. Boos

Graduate Student Theses, Dissertations, & Professional Papers

In response to the failures of mass incarceration and its disproportionate impact on marginalized communities, Problem-Solving Courts (PSCs) have emerged as alternatives to traditional prosecution. These courts employ therapeutic-informed and rehabilitative practices aimed at addressing the root causes of criminal behavior. While widely regarded as more effective than traditional courts, PSCs have developed largely without a formal theoretical foundation. This is notable given their alignment with Sociological Jurisprudence (SJ) and Therapeutic Jurisprudence (TJ), which view the legal system as a vehicle for promoting individual and community well-being.

Despite being celebrated as therapeutic innovations, PSCs often embody these principles unevenly. Using …

U.S. Residents' Current Attitudes Towards Immigrants And Immigration: A Study From The Life In Hampton Roads Survey, Daniel K. Pryce

Sociology & Criminal Justice Faculty Publications

Immigration is a fiery topic in U.S. society, as it generally brings to a boil native-born citizens’ disparate attitudes toward immigrants and immigration. While immigration has its fierce supporters and opponents alike, the topic provides fodder for politicians who use it to stoke the fear of an impending “immigrant invasion” among citizens. This is why scholars must regularly undertake empirical studies to assess community members’ views about immigrants and immigration in U.S. society. To add to the contemporary immigration debate, I analyze data from a random sample of 610 respondents who reside in the seven cities that make up the …

Is The Defendant Mad Or Bad? The Association Between Mental Health, Race And Sex In Sentencing In Federal Courts, Tracy Sohoni, Sylwia Piatkowska, Briana Paige

Sociology & Criminal Justice Faculty Publications

Although US courts regularly sentence individuals with mental health problems, to date, there has been little research on whether mental health indicators are related to sentencing decisions. The focal concerns perspective suggests that sentencing decisions reflect perceptions of the blameworthiness of the defendant, concerns about protecting the community, and practical considerations. Potentially, mental health issues could serve as a mitigating factor in sentencing decisions by making defendants seem less culpable for their actions and more deserving of assistance rather than punishment, and/or due to concerns about practical considerations related to higher costs of incarceration or of exacerbating current mental health …

40 Years Passing By In (A) “Heartbeat”, Christopher Janney

Monsoon: South Asian Studies Association Journal

This article outlines the forty-year history go Christopher Janney’s iconic performance work “HeartBeat.” Trained as an architect and jazz musician, Janney combines these two disciplines to create large interactive light/sound installations and performances. On the one hand, he attempts to make architecture more like music, more “alive” using real-time sensing devices as on his “Harmonic Convergence” installation on the Miami International Airport. On the other hand, he attempts to make music more like architecture, more physical more visual. In his “HeartBeat” performance, a dancer wears a heartbeat device that amplifies his/her heartbeat in “real time.” Over this pulse, live musicians …

Yoga Sūtra Book Four And The Yogabindu, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Four themes from the fourth pāda of Patañjali’s Yoga Sūtra are examined here: karma (IV:2-13), individuality (IV:16), humility (IV:20-22), and freedom (IV:29-34). Affirmations and variant interpretations of these four are provided from Haribhadra Virahāṅka’s Yogabindu, most likely composed a century or two later.

Collective Karma: From The Yogasūtra To Taylor Swift, Zoë Slatoff

Monsoon: South Asian Studies Association Journal

The Indian knowledge traditions speak at length about karma, which is divided into three categories—accumulated (saṃcita), ripe (prārabdha), and future (kriyamāṇa). While much is said about our individual karma and how it affects our repeated reincarnation in cyclic existence, how does this affect others and how do others affect us? In other words, as this paper explores, what is our reciprocal and collective karma?

Painting Liberation: A Visual Ontology Of The Interplay Of Mind And Consciousness In Book Four Of The Yoga Sūtras, Melissa Townsend

Monsoon: South Asian Studies Association Journal

This presentation explores how artistic practice can illuminate philosophical questions about the nature of mind, consciousness, and liberation as articulated in Book Four of the Yoga Sūtras of Patañjali. Through a series of paintings that visually translate these sūtras, I propose that art offers a unique, experiential means of engaging with the complex relationship between citta (mind) and puruṣa (consciousness).

The paintings function as a form of “visual ontology,” inviting viewers to engage with abstract philosophical concepts in a sensory, tangible way. By depicting the interplay between the mutable processes of the mind and the unchanging awareness of consciousness, these …

Implications Of The Second Chance Act For African American Females And Reentry: A Content Analysis Rooted In Critical Race Theory And Intersectionality, Tumia Romero

Antioch University Dissertations & Theses

This dissertation examines the content of the Second Chance Act (SCA) to understand its potential impact on the reentry of African American females into society, highlighting the intersectionality of race and gender within the criminal justice system. Despite the SCA’s intentions to facilitate the reintegration of incarcerated individuals, its language and implementation have mainly remained gender-neutral, not addressing the unique challenges faced by African American females. This study employs a qualitative content analysis approach to examine the Second Chance Act, assessing its effectiveness in addressing the social determinants and barriers to reentry that are specific to African American females. According …

The Legitimacy Of Israel: A Sociological Perspective, Luis Fleischman

FIU Law Review

The article focuses on the foundations of Israel’s legitimacy. It explores the issue of Israel’s legitimacy from the viewpoint of the sociology of law and the sociology of politics. It aims to provide perspective and nuance to some highly problematic and inherently anti-Zionist arguments raised by the Palestinian narrative and academic paradigms, such as "settler colonialism" and reductionist manichean theories of conflict.

How Much Antisemitism Is There In The United States? Incidences Vs. Impacts, Ira Sheskin

FIU Law Review

The Anti-Defamation League (ADL) (www.adl.org), founded in 1913, is one of the nation's premier civil rights organizations and was formed to stop the defamation of the Jewish people and to secure justice and fair treatment to all. Every year since 1979, the ADL has published an Audit of Antisemitic Incidents in the US (https://www.adl.org/resources/report/audit-antisemitic-incidents-2023). The Audit receives significant publicity and is important in communicating the problem of serious antisemitic incidents and the year-to-year increases in such incidents. But, based on surveys of American Jews, the Audit underestimates the extent to which American Jews are being impacted by antisemitism. Survey data …

Assessing Equity, Environmental Social Justice And Intersectionality In U.S. Federal Policies: A Comparative And Temporal Analysis Of The Department Of Transportation, Department Of Energy, And Environmental Protection Agency, Sneha Basu

Dissertations and Theses @ UNI

As the climate crisis intensifies, U.S. federal policies play a critical role in addressing the disproportionate environmental burdens borne by marginalized communities. This thesis assesses how equity, environmental social justice, and intersectionality have been integrated into the policy documents of three key federal agencies: Department of Transportation (DOT), Department of Energy (DOE), and Environmental Protection Agency (EPA), over a 20-year period (2004–2024). Using a quantitative content analysis of 46 policy documents, the study evaluates five core dimensions: depth of discussion, clarity of language, inclusiveness of marginalized groups, action-oriented language, and environmental justice considerations. The research reveals significant interagency disparities, with …

The Effects Of Chronic Absenteeism On Average Daily Attendance Funding In Humboldt County Elementary Schools, Corabelle A. Esmailian

Cal Poly Humboldt theses and projects

Chronic absenteeism is linked to poor academic performance and lower social-emotional skills, both of which can have long-term effects on students and their communities. The California Department of Education uses average daily attendance (ADA) to determine most of the funding that public schools receive. When a student is absent, their school loses a portion of potential funding for that day. This study explores chronic absenteeism’s impact on the funding of Humboldt County’s elementary schools with a sequential exploratory research strategy and critical systems lens. Interviews with elementary administrators were conducted using a phenomenological approach to understand how this affects their …

Securitization Of African Migrants In Europe And North America, Chick Edmond

Political Science & Geography Faculty Publications

The securitization of African migrants in Europe and North America refers to the framing of immigrants as an existential security threat rather than a socioeconomic or humanitarian concerns. This discourse driven by political rhetoric, media narratives, and policy measures, often depict African migrants as risks to national security, cultural identity, and economic stability. Governments in host countries employ stringent border controls, detention and deportation policies often justified by counterterrorism and crime prevention frameworks. However, critics argue that securitization exacerbates xenophobia, violates human rights, and fails to address root causes of migration, such as conflict, poverty, and climate change. This paper …

Officers’ Perceptions Of Body-Worn Cameras: An Exploratory Study Of Small Police Departments In Upstate New York, Stefan A. Dela Riva

Electronic Theses & Dissertations (2024 - present)

The aim of this exploratory study is to examine how police officers perceive the impact of body-worn cameras (BWCs) on their use of discretion when communicating with members of the public. In this context, “discretion” refers to an officer’s authority to make independent judgments while enforcing the law; deciding whether to issue a warning, make an arrest, or resolve an incident informally when legality permits. To understand officers’ opinions, a cross-sectional, quantitative online survey was distributed to various police departments and sheriff’s offices in upstate New York. Participants completed a series of Likert-style survey items addressing their general views on …

Effects Of Actualized Language Policy On Ukrainian Stability, 1989-2022, Dawn Hersey

Electronic Theses & Dissertations (2024 - present)

This dissertation seeks to generate a new perspective of the complicated relationship between actualized policy and stability through looking at Ukraine’s language policies and stability in a mixed manner approach that includes both primary and secondary sources. Russia justified its irridentist activities through claiming to protect Russian nationals within Ukraine’s borders: language policies within Ukraine appear to be a trigger for Russian antagonism. Neither Russian irridentism nor Ukrainian nationalism are being considered as right or wrong in this dissertation: the intent is to highlight trends, patterns, and perceptions in alignment with Ukrainian language policy. This dissertation does not present a …