Law Commons^™

Correctional Career Pathways: A Jail Reentry Program Evaluation, Grace Gass

Electronic Theses and Dissertations

There are numerous types of reentry programs available to inmates to help avoid the cycle of recidivism. There is little research on the impacts of reentry programs in jail populations. This current study sought to provide more research in this area by evaluating a local jail reentry program’s effect on recidivism. A quasi-experimental design was used to estimate the program’s effectiveness by comparing the recidivism statistics of inmates that have participated in the reentry program to a control group of inmates that did not. Inmates in the control group were matched according to their gender, age, race, and current offense …

[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.

Prostitution Law: A Study Of The Impact Of The Sex Buyer Law In Northern Ireland On Sex Violence, Kendra S. Ingram

Honors Theses

In this body of research, the Sex Buyer Law in Northern Ireland is critically examined. Specifically, this thesis examines the question, “Does the Sex Buyer Law have an effect on the sex violence rates in Northern Ireland?” England and Wales, Scotland, and Ireland are all used as control groups to measure the efficacy of the policy in Northern Ireland. Through analysis of a difference in differences regression, this research demonstrates that the policy had no effect on sex violence in Northern Ireland. Scotland and Ireland proved to be better control groups for Northern Ireland in terms of the identifying assumptions …

East Tennessee State University Student Perceptions Of Gun Legislature, Brieann Boyle

Undergraduate Honors Theses

Many Americans are pushing for legislation supporting increased gun control; however many critics argue that increasing gun control will limit Americans’ rights as defined in the Second Amendment. With Tennessee’s passing of the Constitutional Carry, the researcher found it relevant to build on past research and to evaluate East Tennessee State University students’ perceptions of current Tennessee gun legislation in the light of this new act. East Tennessee State University students were surveyed in-person about their perceptions and knowledge of the current Tennessee gun legislation and support for gun control. No significant relationship was found between major and knowledge of …

Police Officers Use Of Ketamine To Subdue Alleged Criminals, Maria Onofre, Peter Platterborze

Honors Program Theses and Research Projects

This review highlights the recent use of ketamine to subdue alleged criminals as an anesthetic. The history and usage of ketamine are studied as a focus on the implementation of ketamine to treat different human needs. The properties and similarities to PCP are compared. All forms of administration, both legal and illegal, and dosages are studied. The review is concluded by a look at the use of ketamine by law enforcement, especially by the Aurora police department.

Evaluating Nebraska Ems Providers' Ability And Willingness To Respond To Bioterrorism Emergencies, Ryan Houser

Capstone Experience

Previous studies have found that public health systems within the United States are inadequately prepared for an act of biological terrorism. This study utilized an Internet-based survey to assess the level of preparedness and willingness to respond to a bioterrorism attack, and identify factors that predict preparedness and willingness among Nebraska Emergency Medical Service providers, who are key to resilience in the face of an attack. The survey was available for one month in 2021 during which 190 EMS providers responded to the survey. The subjects included Registered Nurses, doctors, EMTs, and paramedics. Only 10% of the respondents are both …

Comparative Research Of The Plea Leniency System Of China, Yuguang Lu

Maurer Theses and Dissertations

This dissertation mainly discusses the Plea Leniency System that was recently legislated in China. Plea Leniency had completed a 2-year tryout stage, and was officially legalized into the Criminal Procedure Law of China in Oct.2018. The application of pleading procedures seems inevitable around the world, and operates differently in each country. As a result, there exist both similarities and differences between Chinese Plea Leniency and American plea bargaining.

This dissertation contains comparative research, empirical research and case research. Chapters I to III will form the first half of my research. This part contains my retrospective research of pleading procedure’s past …

Arbitrating Copyright Disputes In Egypt, Islam Mohamed

Maurer Theses and Dissertations

Egypt is witnessing increasing difficulty in implementing and practicing protectionist policies for intellectual property rights, which includes copyright as a fundamental element. Since the Egyptian judicial system is exclusively concerned with adjudicating all disputes, it has become increasingly burdened in recent decades due to this monopoly. As a result, the Egyptian judiciary is witnessing a significant slowdown in resolving conflicts and procedural obstacles which delay the restitution of Intellectual property rights to its owners. Thus, we believe that applying arbitration will contribute to resolving copyright disputes in advance on one hand and will encourage an attractive climate in such matters …

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 …

Doers Not Dreamers: Supporting Un-Daca-Mented Students After College, Fatima Perez Murguia

Capstone Projects and Master's Theses

Thinking about life after college can be exciting. However, for some, it can be a scary and uncertain time. The focus issue addressed in this Capstone Project is on how to support undocumented college students better to prepare them for life after graduation. This is an important issue for undocumented college students because they are working hard to earn their degrees but cannot get a job in the fields they are prepared for. An evidence-based argument is made that investment should be made in the future of undocumented students, as they are well prepared and qualified to take on jobs …

Development Of A Topics Course For Construction Law, Julia C. Hoever

Construction Management

The Cal Poly Construction Management program is designed to prepare students heading into the construction industry for daily management tasks. With construction comes many legal aspects integrated into a project’s operations. Though the curriculum includes a contract law course, a gap exists with a minimal number of classes that address the array of legal matters the construction industry must be versed in. Working with faculty member, Thomas Kommer, J.D., there is a need for a course that expands on these varying legal topics. In order to determine the specific topics that would impactfully benefit and educate Cal Poly Construction Management …

The Impact Of A Crisis Intervention Team Program On Psychiatric Boarding, Kurtis Hooks

Counseling & Human Services Theses & Dissertations

Psychiatric boarding is the phenomenon of housing individuals in emergency departments while awaiting access to mental health services in the community. The expansion of psychiatric boarding is attributed to continued deinstitutionalization and under-resourcing of mental health services. Psychiatric boarding is also associated with deleterious outcomes for individuals in need of access to behavioral health services, facilities. There is limited research on programmatic efforts to reduce psychiatric boarding as it pertains to Crisis Intervention Team programs colocated in medical settings. Crisis Intervention Team (CIT) programs are community-based, multi-stakeholder partnerships that include dedicated assessment centers crisis response and referral. This study utilized …

Memory Distortion For Footage Of An Emotionally Disturbing Police/Civilian Encounter: Investigating The Influence Of Bias And Trauma, Eric A. Korzun

Student Theses

Although body-worn cameras (BWCs) are expected to be objective tools for increasing police transparency and accountability, research refutes the idea that people can objectively view footage. Instead, research shows that people’s personal biases—for example, the extent to which people view the police like themselves, measured by the Identification with Police Scale (IPS; Tyler & Fagan, 2008) —shape how they view and interpret BWC footage (Jones, Crozier, & Strange, 2017). Additionally, studies of memory distortion reveal that people can come to remember traumatic events as worse than they originally experienced (Strange & Takarangi, 2012). Taken together, then, when viewing traumatic BWC …

Agatha Christie: A Look Into Criminal Procedure And Gender, Carmella Monico

Theses/Capstones/Creative Projects

With 2020 being the 100^th year since Agatha Christie’s first novel, The Mysterious Affair at Styles, was published, it seems fitting to celebrate such an accomplished author with a deeper look into the inner workings of her novels. While she wrote mystery novels that involved many detectives, the two most popular are Hercule Poirot and Miss Marple. This paper will examine these two detectives in regard to the criminal procedure each uses to solve their respective cases. Would her detectives’ work hold up in court then or even today? Additionally, the difference in gender between Poirot and Marple …

Extreme Risk Protection Orders, Anna Heetmann

Law Student Works

Extreme Risk Protection Orders1 (ERPOs) are civil orders issued when a person is a danger to themselves or others.2 These orders prevent a person from purchasing or possessing guns while the order is in place.3 ERPOs are mainly intended to prevent suicides, but there is some discussion on their potential usefulness for elderly people with cognitive difficulties, including dementia.

ERPOs are also known as red flag laws, gun violence restraining orders, risk-warrants, lethal violence protective orders, risk protection orders, gun violence protective orders, firearms restraining orders, extreme risk protective orders, orders for protection against high-risk behavior, extreme risk firearm protection …

Islamic Inheritance Law Reform: The Problem Of Orphaned Grandchildren's Inheritance Rights, Salah Hesham Hamouda

Archived Theses and Dissertations

Islamic inheritance law excludes orphaned grandchildren from inheriting a share of their grandparent's estate in the event of surviving uncles and aunts under the rule that the nearer in degree excludes the more remote. For centuries, this prohibition has prevented orphaned grandchildren from inheriting a share of their grandparent's estate. Mediaeval Islamic juridical treatises claimed that inheritance law's provisions are the final dictate of God and their authority cannot be questioned. States have tried to resolve the conflict between the provisions of Islamic law and social needs by adopting various devices of reform such as ijtihad, taqlid, takhayyur, and talfiq. …

Arbitration: A Comparative Study, Samer M. Badran

Archived Theses and Dissertations

No abstract provided.

Policy Vs. Deduction: Finance Lease Between Formal Property And Economic Reality, Akram Korany

Archived Theses and Dissertations

No abstract provided.

The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege

Archived Theses and Dissertations

No abstract provided.

Highlighting The Major Weaknesses Of The Wto Anti-Dumping Agreement Which Cause International Market Distortion, Ahmed Rabie A. A. El-Nour

Archived Theses and Dissertations

No abstract provided.

The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam

Archived Theses and Dissertations

No abstract provided.

Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki

Archived Theses and Dissertations

No abstract provided.

The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander

Archived Theses and Dissertations

No abstract provided.

Transitional Justice, Peace And Everyday Reality: Somalilands Experience With Justice And Security-Sector Reform, Siham Rayale

LLM Theses

This paper looks at Somalilands transitional justice process and the role that legal pluralism has played in shaping its attempts at justice and security-sector reform. By utilizing concepts like hybridity and the everyday, this paper frames these processes with an understanding that while legal pluralism has established Somalilands peace and security infrastructure, it has created opportunities and challenges for marginalized and vulnerable groups. Such challenges include accessing and participating in legal reform initiatives that support social transformation. This paper concludes with the need to frame transitional justice, from the onset, in a way that recognizes the importance of communities as …

Aandaakonan Inaakonigewin: Considering An Anishinaabe Meaning To The Canadian Law On Consultation And Accommodation, Veronica Ann Guido

LLM Theses

Indigenous laws are resurging throughout Turtle Island and have vital roles to play in the creation and application of laws, governance structures, and decision-making. However, for this to happen, the understanding of the law which is predominant and dictates legal processes must change, specifically when such laws apply to Indigenous land and peoples. This will allow Indigenous legal orders – including Anishinaabe legal norms such as mutual aid, kinship, giftedness and doodem – to flourish. This thesis explores Anishinaabe law resurgence by asking: how can decision-making about land, natural resources, and Aboriginal rights through the duty to consult and accommodate …

Finding A Governing Law To Resolve Conflicts Of Tax Laws, Catharine Marie Mcmillan

LLM Theses

This thesis explores how tax treaty articles providing foreign tax recognition, distributive rules, meanings for undefined terms, and anti-treaty shopping rules implicitly employ conflict of laws "choice of law" ("COL/col") principles to derive the governing law in situations where more than one tax law and therefore more than one legal system applies to characterize a person or income. COL/col principles are implicitly acknowledged and specifically operate in tax treaties to reconcile contending tax laws and therefore legal systems. Considering tax treaty articles implore countries to ascertain the governing law through reconciliation, supranational approaches that advocate harmonization to ascertain governing law …

Health Insurance, A False Dichotomy And A Negative Right To Abortion In Canada's Maritime Provinces, Clare Joanne Shrybman

LLM Theses

This thesis examines the jurisdictional movement of abortion regulation resulting from R v Morgentaler and the barriers to abortion which emerged as a result of the transition in the Maritime provinces. Following decriminalization, the Maritime provinces responded by implementing health insurance barriers to clinic abortions, restricting access. While contemporary scholarship has predominantly examined the issue through a health law and positive rights lens, this thesis asserts that these barriers can most successfully be challenged as a negative rights violation of the Charters section 7 guarantee of security of the person. This is because, although the dichotomy between positive and negative …

Doomed To Fail: Ag-Gag Laws And The Canadian Charter, Samantha Lynne Skinner

LLM Theses

In late 2019, ag-gag laws began being introduced in Canada. Ag-gag laws are named for their intended effect of gagging activists from exposing the realities of the animal agriculture industry. Animal activists seek to gather and publicly disseminate information using means of bearing witness, undercover investigations, and civil disobedience. Ag-gag laws originated in the US in the 1990s, but saw a revival in the 2010s. In the US, animal law organizations such as the Animal Legal Defense Fund have been successfully challenging the constitutionality of ag-gag laws, with courts in six states finding ag-gag laws to violate the First Amendment …

How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa

PhD Dissertations

What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I argue that the philosophy of lawyering needs to develop the epistemic branch of inquiry. The epistemic study of the …

Just Greening The Gulf: Sustaining Justice For Migrant Workers, Asma Atique

PhD Dissertations

This dissertation investigates the relationship between doctrines and rhetoric of sustainable development (SD) and their compatibility with robust notions of migrant justice. I use migrant-workers-built Masdar City, Abu Dhabis "eco-smart city," as an entry point to examine this relationship. Drawing on Amartya Sen, I rely on a critical capabilities-based environmental justice lens that focuses on the full range of opportunities migrants have at home, in their destination country, and anywhere in between. While this lens offers a means-ends distinction and a pluralistic notion of justice, it must be further specified and supplemented by explicit accounts of structural constraints. The focus, …