Law Commons^™

The Conflict Of Rights In The Moral Community, Rebecca Spicer-Keller

Masters Theses

This thesis will delve into the moral arguments regarding abortion. I will argue that abortion is morally permissible until the fetus reaches consciousness. Once the fetus has gained consciousness, it has the capacity to develop and become an autonomous person and therefore joins the moral community and has rights.

Autonomy is important, and the respect for autonomy must be extended to conscious fetuses. Individual autonomy is a person's capacity to make decisions for themselves and about live their life according to reasons and motives that are free from external forces (Christman, 2020). Autonomous agency is necessary for equal political standing …

Beyond Compliance: Critical Perspectives In Supporting Institutionally Underserved Survivors Of Sexual Violence, William A. Martinez

Masters Theses

Interpersonal and sexual violence on college campuses is rampant. While federal legislation exists to support survivors of interpersonal violence in higher education via the Violence Against Women Act, Title IX, and Clery Act, support specifically for institutionally underserved survivors of interpersonal violence (IUS) tends to be limited in nature. Because of this deficit, institutionally underserved students and survivors of interpersonal violence are often left unsupported by interpersonal violence prevention staff members (IVPSM). Through semi-structured interviews, this critical multisite case study collected information on the perceptions of IVPSM on IUS support and resources, identified gaps in education on how to respond …

"Only The Intervenor Cared": A Critical Juncture In The Rise Of Dairy Cafos And Neoliberal Environmental Policy In Wisconsin, Sarah Emily D'Onofrio

Masters Theses

Building on scholarship regarding the rise of neoliberalism since the late 1970s and using a comparative-historical methodology, this thesis examines a case study regarding how state governments in the United States have succumbed to neoliberal pressures over time. Specifically, this thesis examines the rapid expansion of concentrated animal feeding operations (CAFOs) in Wisconsin since 1995. As these large CAFOs have grown in size, so have the social and environmental problems related to their use, including pollution of drinking water sources for rural communities. Based on analysis of hundreds of newspaper articles, this thesis finds that that a critical juncture occurred …

A Critical Perspective On Scalian-Originalism’S Interpretation Of The First Amendment’S Freedom Of Speech Clause, Shiela M. Hawkins

Masters Theses

Justice Antonin Scalia proudly proclaimed that he was an Originalist, which is the theory that the Constitution should be interpreted in the same manner as those who ratified and drafted the document would have interpreted it. Scalian-Originalism faced several liberal legal critiques that challenged the legitimacy of the method and theory. This manuscript seeks to further the debate regarding Scalian-Originalism’s interpretation of the First Amendment by applying a Critical Legal perspective. The analysis is done in the form of an immanent critique, and examines the legitimacy of Scalian-Originalism’s First Amendment interpretation by the theory’s ability to further equality and democratic …

The Greenhouse Effect: Decomposition Rates In Human Remains Wrapped In Plastic, Barbara R. Forman

Masters Theses

Determining an accurate estimation of the postmortem interval (PMI) of human remains is important for several reasons. First, it is used to determine whether the individual is recently deceased, and therefore of medicolegal concern. If so, the estimated PMI is used in narrowing the possible identities of the deceased. PMI can also be used in excluding, or convicting, a murder suspect.

Though deviations may occur, it has been found that PMI can be calculated from the decomposition stages with reasonable accuracy (Galloway 1989, Megyesi 2001, Megyesi et al. 2005, Schiel 2008, Simmons et al. 2010). Some factors, such as low …

Flannery O'Connor And The Mystery Of Justice, Matthew Holland Bryant Cheney

Masters Theses

The purpose of this study will be to begin to answer the question, “What is ‘justice’ in the work of Flannery O’Connor?” by approaching three stories—“The Comforts of Home,” “The Partridge Festival,” and finally “Everything that Rises Must Converge.” Each of these stories applies pressure to both individual and social conceptions of justice while fixating primarily on individuals’ just or unjust convictions and principles, usually in tension with those of their family or community. Flannery O’Connor’s work, while it seriously questions the possibility of “perfect” justice among a fallen humanity, exemplifies the paradoxes that arise from the contingency of our …

Lawyers And Their Books: The Augusta County Law Library Association, 1853-1883, Gregory Harkcom Stoner

Masters Theses

During the eighteenth and nineteenth century, law books of various types contained the vital information needed by Virginia’s practicing attorneys and judges. Access to these resources, however, was generally limited to personal collections and a handful of libraries. Despite numerous calls for the creation of libraries by theVirginiagovernment, state legislators took little action of note.

This study explores the history and origins of law libraries in Virginia by focusing on the formation and evolution of the Augusta County Law Library Association, one of the first libraries organized in Virginia under state legislation enacted in 1853 that authorized the creation of …

Intellectual Property And Policy Issues In Biotechnology, Amy Iver Yancey

Masters Theses

Intellectual property, particularly patents, plays a major role in innovation and discovery in biotechnology. Likewise, since the passage of the Bayh-Dole Act in 1981, patents have become an increasingly important factor in U.S. university-driven basic research, especially in the life sciences where patented technologies have transformed agriculture. Specifically, this paper looks at the potential impacts of these trends on university driven research, the university researcher, the pharmaceutical industry, and the farm sector with an emphasis on recent and pending court cases and legislation. This paper examines policy and adoptions issues in biotechnology and biomedicine in depth and touches on important …

Corporate, Political, And Academic Perspectives On Tennessee Higher Education Accountability Policy, Andrew Quentin Morse

Masters Theses

The purposes of the research are (1) to identify the similarities and differences among corporate, political, and academic leaders in Tennessee on postsecondary education accountability policy and (2) to investigate ways for improving accountability policy as evidenced by the various stakeholders. The two following research questions will be adapted from the larger, ongoing study by Bogue et al. (2009) on accountability:

· What differences and similarities exist among corporate, political, and academic stakeholders on the issues of collegiate mission and issues of accountability definition and evidence?

· What are the most important steps that institutions of higher education can take …

Information Privacy: A Quantitative Study Of Citizen Awareness, Concern And Information Seeking Behavior Related To The Use Of The Social Security Number As A Personal Identifier, Rhonda Marisa Clossum

Masters Theses

Information technology has transformed the manner in which personal identifying information is collected, stored and shared in government agencies and private businesses. The social security number has become the de facto identifier for individuals due to its notable qualities: a nine-digit number assigned to one person by the United States government. As individuals are increasingly asked to disclose personal information, the question arises: How does the lack of awareness of social security number laws contribute to the loss of privacy, loss of control of personal information and the threat of identity theft? This study examines awareness levels of social security …