Law Commons^™

Is The Fair Use Doctrine A Viable Argument For Generative Ai?, Olivia Bainbridge

Honors Theses

The purpose of this research paper is to examine whether or not the fair use doctrine, a pivotal piece of copyright law, is a viable argument on behalf of generative artificial intelligence companies that are currently being sued on the basis of accused infringement of copyrighted images that their programs are trained on. By examining whether or not fair use is viable, generative artificial intelligence companies will be able to better gauge the validity of their arguments as well as adjust their practices accordingly if needed. This research is necessary because this research is examining a new field of law …

Covid-19 As A Force Majeure On Joint Venture Agreements, Tannya Rebecca

Honors Theses

This thesis explores the legal and practical implications of the COVID-19 pandemic on joint ventures, focusing on the impact of force majeure clauses and supplier-buyer relationships. Drawing on insights from real-world professionals, the study examines the evolving perspectives on whether COVID-19 constitutes a force majeure event that affects supplier-buyer relationships in joint ventures. While the majority of professionals initially regarded COVID-19 as a force majeure event that significantly impacted these relationships between 2020 and 2022, dissenting views have gained traction in 2023.

Examining the legal framework and precedents, the research reveals that courts interpret force majeure clauses based on the …

Litigating Reproductive Rights: The Evolving Support Structure In The United States, Allison Anker

Honors Theses

The Supreme Court of the United States functions as the highest judicial body in the country, with its decisions having the capability to reverberate change across the nation. Understanding why they make certain decisions has long been a point of scholarship, with multiple theories emerging as to what exactly influences their rulings. One such theory is the support structure, proposed by Charles Epp in The Rights Revolution (1998), which is a theory exploring how social movements influence litigation and the establishment of certain rights. This theory states that legal mobilization at the Supreme Court rests “on resources, and resources for …

Impact Of 2001 - 2016 Supreme Court Establishment Clause Cases, Nicole Cumming

Honors Theses

This study will look at United States Supreme Court Establishment Clause cases from 2001-2016. During those 16 years, the Court decided 1,276 cases. Only 10 of those cases dealt with the establishment clause.

At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, which existed in many other countries at the time of America's founding. This idea has become vital to the values Americans hold dear. Throughout history, religious freedom and tolerance have been celebrated, and most of that is due to the Establishment Clause. However, there is …

Permissions Between Creators And Users: An Investigation Of Particulars In Privacy Policies For Mobile Apps, Abbigail Griffith

Honors Theses

Mobile apps create a space for users to share information with other users and, in doing so, the creators of the applications. Generally, the greater amount of sharing information that occurs between users and creators enhances the experience of the apps for both parties. However, the extent to which mobile apps use this information can cause concerns with users about privacy due to the unknown practices of mobile apps relevant to data collection, data sharing, and data storage.

Documents, such as privacy policies, exist in attempts to moderate these concerns. Additionally, mobile apps offer in-app features for the same reasons. …

Who Controls Immigration Judges?: Towards A Multi-Institutional Model Of Administration Judge Behavior, Mark Richard Beougher

Dissertations

Numerous studies have shown dramatic variations in the rates that immigration judges grant asylum. What these studies have failed to adequately explain as of yet is why? In attempting to understand the behavior of immigration judges in asylum cases, scholars have generally taken one of two approaches, either examining immigration judge behavior through top-down bureaucratic models or with models developed through the study of the judiciary. From these studies we have learned that similarly situated asylum applicants have different chances of success based merely on the ideological leanings of the judge who decides their case. We also have learned that …

To Promote Or Not To Promote: An Inquiry Into The Experiences Of Female Police Officers And Their Decisions To Pursue Promotion, Kristin Poleski

Dissertations

Despite an increase in the number of female police officers in U.S. police agencies, female representation in supervisory (sergeant and lieutenant) and command (captain, assistant chief and chief) positions in most agencies is limited. This research study focuses on the promotional aspirations as an explanation of limited female representation with attention to the decision-making criteria female police officers use when deciding to participate in the promotional process. This study also examines the institutional, political, organizational structures, and/or personal factors which may impact the female police officers’ decisions to participate in the promotion process. And, this study examines a factor mentioned …

Allied Paper Landfill, A Case Study Of Superfund, Kaitlin Braunschweig

Honors Theses

The Comprehensive Environmental Response, Compensation, and Liability Act (1980), more commonly known as Superfund, delegates the responsibility for cleanup of more than 1,300 hazardous waste sites to the federal Environmental Protection Agency (EPA). This thesis is designed as a case study to investigate the Superfund program through the lens of the Allied Paper Landfill portion of the Kalamazoo River Superfund Site. Through interviews with key stakeholders an evaluation was completed based on the following research questions: 1) are the current goals of Superfund appropriate, 2) is the funding mechanism sufficient to fulfill the goals of Superfund, and 3) is the …

The Nfl: Growing Into Its Death, Cole J. Molnar

Honors Theses

The following document is about concussions in the National Football League (NFL). This thesis explores a principal question; is the NFL doing enough to warn its players about the long-term effects of multiple concussions? I start by covering what a concussion is, how it can be diagnosed e.g., what the symptoms are, and some of the long-term effects on the human brain. Other topics that are discussed include the history of football (including how it was born), the history of professional football (early years up to present time), head injuries in football, litigation, and potential solutions. Most of my research …

End Of The Line: Tracking The Commodity Chain Of The Electronic Waste Industry, Jacquelynn A. Doyon

Dissertations

This study examines the transfer of electronic waste (e-waste) from core to peripheral nations, specifically coastal nations in Africa. The theoretical perspective marries green criminology with world systems theory in examining the ways in which marginalized populations bear the burden of hazardous waste disposal across the globe. The study is comparative, looking at legislation in the United States as well as international legislation and enforcement, and also employs case study methodology, contrasting e-waste disposal in Nigeria and Ghana. The final intent of this research is to determine whether or not the violation of national and/or international legislation regarding the transfer …

The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry

Dissertations

The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …

A Behavioral Approach To Modus Operandi: Incident Form Completion And Its Effect On Predictive Analysis, Sarah Elizabeth Casella

Dissertations

This study examined the effects of task clarification, group feedback, and policy change on incident form completion by police officers. Participants included all sworn officers employed in the Operations Division by the Kalamazoo Department of Public Safety. The task consisted of completing the modus operandi (MO) section of the incident reports for burglary, robbery and aggravated assault. The main dependent variable was the percentage of incident reports with MO form completion. The secondary dependent variable was quality of the MOs completed in the reports; more specifically the completeness of the MO section compared to the narrative and discrepancies between the …

Is Justice Available To All? Indigent Defense In Michigan, Barbara K. Lanning

Honors Theses

Does Michigan’s public defense system operate in accordance with the decisions made by the Supreme Court in cases like Gideon v. Wainwright, Powell v. Alabama, and Argersinger v. Hamlin? If not, how can we reform the system? The right to counsel for those accused of a crime in the United States is a constitutional right. After the decision issued in Gideon v. Wainwright (1963) the federal government mandated that all states were responsible for providing representation for indigent defendants. The states provide these services either through public defender programs, appointment of court cases to private attorneys, or through contracts with …

The Supreme Court: A Decade Of Opinion, Matthew A. Bahleda

Honors Theses

Conventional wisdom would have us believe that the Bush v. Gore (2000) decision marked a large change in public approval of the Supreme Court. To analyze this claim, a series of landmark cases for the years 2000-2010 will be reduced to a data set that will allow for the observation of specific variables and the roles each variable may play in determining the change in public opinion. From there, conclusions are made that substantively explicate the relations between the indicated relevant variables and the change in opinion. Ultimately, the Bush v. Gore decision is found to have not had the …

Undoing Plessy: Charles Hamilton Houston, Race, Labor, And The Law, Gordon Andrews

Dissertations

Undoing Plessy: Charles Hamilton Houston, Race, Labor, and the Law, 1895--1950, explores the manner in which African Americans countered racialized impediments during the first half of the twentieth century by attacking their legal underpinnings. Specifically, this work explores the professional life of Charles Hamilton Houston, and the degree to which it informs our understanding of change in the pre-Brown era. There were a wide range of forces at work, from individuals, organizations, and institutions, to government in its various forms (local, state, and federal), complicating any strategy to reformulate the parameters of equality. Using both labor and education law as …

The Northwest Forest Plan: Up To Our Neck In Owls?, Ashley N. Horvat

Honors Theses

Traversing across the vast Pacific Northwest with the Northern spotted owl (Strix occidentalis caurina), one would experience a dynamic landscape that ranged from areas shrouded with ancient forests, mountains dotted with dense young forests, large swathes of empty habitat from clearcuts, and corridors filled with canopies and a plethora of life. The once vibrant forests that blanketed the Pacific Northwest in an abundance of life and sheltered these rare owls in their canopies were threatened by the removal of these primordial giants in these forests. The wild salmon that journey in record numbers through the cold rivers and …

Best Practices Within Mediation Programs, Warren L. Hills

Dissertations

Mediation Centers have been introduced to college and university campuses in recent years as a cost effective method to deal with a variety of conflict issues. These centers offer a variety of services to students, faculty, and staff including mediation, facilitation, and training. Campus mediation centers that report various levels of success and growth serve as an example for operations to their peer institutions. Yet for a lack of previous research, little information is known about the actual operations of campus mediation centers and the systems and processes they follow.

An internet-based survey was sent to campus mediation centers staff …

Problem-Based Learning: An Attitudinal Study Of Police Academy Students, Gregory P. Vander Kooi

Dissertations

Policing strategies have gravitated toward a consensus paradigm model, commonly referred to as "community policing." This is a significant paradigm shift, yet most police academies continue to use traditional lecture-based pedagogical methods to train police officers. One possible alternative to passive lecture-based teaching is a more active problem-based learning. Problem-based methodologies consist of presenting ill-structured problems whereby an instructor facilitates and directs the students in active inquiry toward possible solutions for a specific problem.

A Comparative Analysis Of Human Rights Laws In The United States And Australia, Emily F. Chalifoux

Honors Theses

Discrimination does not make good business sense; it causes tension and a decrease in productivity. Even though human rights laws vary from country to country, conforming with these laws makes business more cohesive and productive. Some of the many benefits include:

• Increase the pool of potential employees and, therefore, the chances of getting the best person for the job,

• Build morale and productivity of employees

• Minimize complaints, disruptions and legal wrangles, leaving employees to focus on their work, and

• Add to the bottom line and build the company's reputation in the community.

The purpose of this paper is to analyze …

Higher Education Attorneys’ Perceptions Regarding Academic Freedom And Challenges To Academic Freedom, Manuel R. Rupe

Dissertations

Higher education attorneys have emerged in recent years as integral participants in the decision and policymaking processes within American higher educationinstitutions. The perceptions of higher education attorneys regarding academic freedom, including professorial, institutional, and student academic freedom, may significantly impact how higher education institutions respond to modern challenges to such freedom. Key challenges to academic freedom as identified in the literature were categorized into four groups for this study (a) judicial or governmental challenges, (b) internal or collegial challenges, (c) institutionalchallenges, and (d) outside or extra-institutional challenges.

An Internet-based survey was sent to higher education attorneys who subscribed to the …

The People's Republic Of China's Corrupt Culture: Is The Prc's Arbitration Systems Exempt?, Mary Elizabeth Crawford

Masters Theses

The People's Republic of China (PRC) has struggled with corruption for decades. The PRC' s admission to the World Trade Organization (WTO) has brought some hope to curtail corruption, but this alone has not eliminated corruption within the PRC. One reason for the prevalence of corruption within the PRC is the intertwined relationship between the Chinese Communist Party and judicial and government officials. The purpose of this Masters thesis is to evaluate whether the relationship between Chinese governmental bodies and the PRC's arbitration systems makes Chinese arbitration systems susceptible to corruption.

This study examines the PRC's arbitration systems' close nexus …

The Potential Effects Of The Trans-Atlantic Common Aviation Area On Shannon Airport, Ireland, Daniel James Centilli

Honors Theses

The Trans-Atlantic Aviation Area is a proposed liberalization of the air services agreements known as bilateral agreements between the United States of America and the member states of the European Union. The new agreement would replace the restrictive bilateral and Open Skies bilateral agreements between the United States and the EU with a single comprehensive agreement. The emergence of true open skies between the US and EU creates many economic opportunities and some economic threats. One such threat is the situation faced by the Shannon Airport, Ireland. Under the current US/Ireland bilateral, Shannon's existence is protected by requiring US carriers …

The Effects Of Social Skills Training And Reciprocal Social Skills Training With Parent/Guardian(S) On Behavior And Recidivism Of First Time Adjuncted Youth, Kathleen A. Bailey

Dissertations

This research investigates the effect of social skills training on 46 first-time adjudicated males, ages 13 through 15 and placed on traditional probation. The independent variable was the type of group. Three types of groups were conducted: Group I (youth who received social skills training with their parents or guardians), Group II (youth who received social skills training without parents’ or guardians’ participation), and Group III (a control group of youth who did not receive social skills training). The dependent variable was the Jesness Inventory scales and subscales scores, and the type of offenses (status, misdemeanor, and felony). The research …

Trade Friction Between The United States And Japan: An Analysis Of The Situation In 1992, Mariko Hirano

Masters Theses

Trade friction between the United States and Japan is discussed and it is shown why negotiations like Structural Impediments Initiative Talks alone have not improved the trade relations between the two countries. This is not only because of fundamental cultural and economic differences, but because of significant differences in the interests of Japanese business, Japanese government, American business, and American government. The Japanese political system is described. A detailed description of Japanese conglomerated system (keiretsu) is presented. This conglomerate system is often viewed as a major obstacle by foreign companies to do business in Japan. The views of American politicians …

Judicial Decision Making And Public Opinion In The Warren And Burger Courts, Nancy L. Siemion

Masters Theses

For many scholars, the Warren Court is the epitome of antimajoritarian policy making since many of the Court's decisions overturned legislation passed by Representatives of the people. By examining nationwide public opinion polls in that era that ask the public their thoughts about particular issues the Warren Court has ruled on, it is evident that most of these rulings were truly majoritarian and received public approval. In addition, this thesis analyzes some recent studies that discern national attitudes with respect to government policy making (public mood), assessing congruity or incongruity between the Court's liberalism and public policy mood which provides …

The Evolution Of Turkey's Foreign Policy: The Truman Doctrine And Turkey's Entry Into Nato, Sinan Toprak

Masters Theses

This thesis examines the historical development of Turkey's foreign policy up to the period immediately following World War II, and its decision to join the North Atlantic Treaty Organization (NATO).

The study begins with a survey of Turkey's geopolitical importance. The narrative highlights political conditions from the Ottoman period to the years following World War II. Domestic political developments, as well as foreign relations of Turkey in the Republican period, are analyzed.

Turkey's current foreign policy was established during the initial years following World War II. The thesis discusses the reasons for the shift in Turkey's foreign policy, from peaceful …

The 1973 Oil Embargo Arab Oil Diplomacy, Amal Mustafa Shamma

Masters Theses

The Arab oil producing countries, following years of a stalemate in the Arab-Israeli dispute,- decided to put their oil resource in the service of the Arab cause using it as an instrument of pressure against the West. Their objective was to induce a change in the Western world Middle East policy and to work toward achieving a lasting and peaceful solution for the Arab-Israeli problem.

The purpose of this thesis is to show that the application of Arab oil diplomacy has been effective into producing a more even handed policy in the area, and into breaking the deadlock in the …

The United States And China: From Noncommunication To Diplomatic Relations, Mary Jeanne Patrick

Masters Theses

After more than two decades of fundamental differences due to lack of direct diplomatic relations, the People's Republic of China and the United States are developing a harmonious working relationship. Friendly relations between these two major nations began to improve in 1972 during President Richard Nixon's visit to China that had been arranged by Henry Kissinger, Assistant for National Security Affairs.

The purpose of this thesis is to show that nations can overcome their negative stereotyped images with one another when their leaders will enter into effective communication.

Chapter I considers the historical aspects of the Sino-American relationship.

Chapter II …

The African Development Bank And The Development Process In Africa, Asukwo J. Udo

Masters Theses

No abstract provided.

United States Policy In The Nigerian Civil War, C. Onokata Idisi

Masters Theses

No abstract provided.