Law Commons^™

"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo

Doctoral Dissertations

“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …

Greenwashing “Brown Gold”: A Critical Analysis Of Anaerobic Digesters And California’S Neoliberal Environmental Programs In Wisconsin’S Dairyland, Sarah Emily D'Onofrio

Doctoral Dissertations

Large dairy farms, also known as concentrated animal feeding operations (CAFOs), have turned to anaerobic digesters as the industry is increasingly pressured to find ways to lower their greenhouse gas emissions. Digesters are machines that turn animal waste from CAFOs into electricity and fuel which are then sold as “credits” in California’s market based climate change mitigation programs such as cap and trade and the low carbon fuel standard (LCFS) program. However, this dissertation not only challenges the assertion that digesters are “green,” but also that these programs are doing what they claim to do in a deregulated and re-regulated …

Reconciling Self-Censorship: A Qualitative Study Of The Experiences Of University Staff And Administrators, Leigh C. Morales

Doctoral Dissertations

In addition to a global pandemic, the past three years have been marked by racial, social, and political unrest. These circumstances add meaningful context to examine and better understand factors that undermine free expression and contribute to self-censorship among university staff and administrators. To date, few studies have holistically explored the unique experiences of university staff and administrators with self-censorship and how this phenomenon affects their experience on college and university campuses. Understanding why staff and administrators choose to self-censor may allow for a deeper discussion about speech climate and the degree to which colleges and universities implement and uphold …

The Use Of Amicus Briefs To Influence A Supreme Court Decision: Framing Espinoza V. Montana (2020), Anita F. Morgan

Doctoral Dissertations

The purpose of this qualitative content analysis was to examine how amici curiae frame policy preferences in amicus briefs submitted before the United States Supreme Court in the landmark case, Espinoza v. Montana (2020). The questions addressed in this study were what dominant policy frames do interest groups use to frame policy preference in Espinoza v. Montana (2020), and which (if any) policy frames found in the amicus briefs emerged in the written opinions of the United States Supreme Court?

Five a priori codes based on Semetko and Valkenburg’s (2000) generic frames were used to analyze 18 out of 45 …

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 …

Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with …

Perceptions Of Barriers To Leadership Appointment And Promotion Of African American Female Commissioned Officers In The United States Military, Beverly Henderson Davis

Doctoral Dissertations

The U.S. military is perceived by many to be the example of workplace meritocracy, but historical studies have shown that the perceptions of African American female commissioned officers run counter to that belief. The military has as its goal the movement from a diverse fighting force to one that is totally inclusive of all members. The purpose of this study was to gather insights into whether the military has moved toward full integration from the viewpoint of the demographic that has shown the least confidence in the accomplishment of that task.

This qualitative study involved 12 participants: active duty, retired, …

Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken

Doctoral Dissertations

Civil-military relations have existed for as long as there has been a military, but only in the last sixty years has research in the field began to examine the relationships between civilian elites and the military. Who controls the military? What level of influence by the military is acceptable in a liberal society, such as the United States? What is the appropriate role of the military? Who serves in the military? What pattern of civil-military relations best ensures the effectiveness of the military instrument? The study of these questions began with examining relationships between the military and the President, and …

Rights In Property And Property In Rights: Privacy, Contract And Ownership Of The Body In Anglo-American Political And Constitutional Thought, Gary L. Garrison

Doctoral Dissertations

This dissertation examines the history of the idea that people possess property rights in their own bodies. I also argue such rights are an alternative foundation on which to base the right to privacy recognized by the Supreme Court in 1965. The Court found privacy to exist in an admittedly nebulous "penumbras formed by emanations" from other parts of the Bill of Rights. I argue that privacy can be grounded on property rights as well.many founders, Madison asserted property rights in bodies of others (slaves) and similar ownership interests in wives and children. Modern notions of property are far more …

Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro

Doctoral Dissertations

My dissertation offers a new framework through which to theorize contemporary democratic practices by attending to the political agency of unauthorized immigrants. I argue that unauthorized immigrants themselves, by claiming their own ambiguous legal condition as a legitimate basis for public speech, are able to open up the boundaries of political membership and to render the foundations of democracy contingent, that is to say, they are able to reopen the question about who counts as a member of the demos. I develop this argument by way of a close reading of Sophocles’ tragedy Antigone[1], which allows me to …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

African American Oral Histories Of Oak Ridge, Tennessee, Public Schools During The Early Days Of Desegregation, 1955 – 1967, Lorena B. Whipple

Doctoral Dissertations

Many traditional historical texts of the United States are missing the voiced presence of African Americans. Existing historical texts concerning desegregation in the South, and particularly in Tennessee, are missing African Americans’ experienced perspectives during racial desegregation in Oak Ridge, Tennessee. The intention of this dissertation is to use oral history as a methodology to document the memories of seven African Americans who participated in the racial desegregation of Oak Ridge, Tennessee public schools. Critical race theory is the interpretive lens used to analyze the interviews. The oral historical accounts contained in this study suggest African Americans have a unique …

Ownership, Control, Sponsorship, And Trusteeship: Governance Relationships Within Private Catholic Religious-Sponsored Secondary Schools In The United States, David Louis Caretti

Doctoral Dissertations

The governance of private Catholic religious-sponsored secondary institutions in the United States is wholly unique, for many different influences distinguish these institutions from not only their public counterparts but also other Catholic schools operated by a diocese or parish. In the face of the changes of the post-Vatican II era, including the diminishing numbers of religious brothers, sisters, and priests available to minister within their respective apostolates, religious congregations have employed one particular governance construct, the board of limited-jurisdiction, originally created within the Catholic university and healthcare realms. Thus, while such boards hold the chief role in directing the progress …

Judicial Influence On Academic Decision-Making: A Study Of Tenure Denial Litigation Cases In Which Higher Education Institutions Did Not Wholly Prevail, Julee Tate Flood

Doctoral Dissertations

This study examined judicial influence on academic decision-making by identifying factors in the tenure process that have induced courts to rule against higher education institutions in litigation stemming from tenure denials. Many interdisciplinary legal and educational studies have been conducted pertaining to tenure related litigation using qualitative, quantitative, and legal research methodologies. Empirical studies have been directed at varied issues, such as the peer review process; specific claims, such as discrimination; types of institutions; or time periods. Much of this scholarship has noted the importance of judicial deference to decisions made in academia. Unique to this study was the application …

Cross-Listed Firms And Shareholder-Initiated Lawsuits: The Market Penalties Of Securities Class Action Lawsuits Against Foreign Firms, Kathryn Mary Schumann

Doctoral Dissertations

This paper examines the market penalties levied by shareholders against firms that are alleged to have violated securities laws within the U.S. Using a sample of private securities class action cases brought against foreign firms that cross-list on the major U.S. exchanges, this paper presents evidence that the enforcement risk criticism may not be as severe as initially thought. I examine market penalties at alleged violation disclosure dates and securities class action filing dates and find that each event corresponds to an economically and statistically significant loss of value for the accused firm. On average I find that the violation …

Juvenile Competence To Stand Trial: An Examination Of The Effects Of Cognitive Ability, Psychiatric Symptomatology, And Psychosocial Maturity, Aaron John Kivisto

Doctoral Dissertations

As the courts have evolved over the past 30 years towards increasingly punitive sanctions for youthful offenders, the fundamental protections afforded to adult defendants have become increasingly relevant for youthful offenders. Among these protections, the right of juveniles to be competent to stand trial has gained nearly universal recognition throughout this country’s courts. Congruent with theory and previous research, we hypothesized that age, intellectual ability, psychiatric symptomatology, and maturity would all be directly related to adolescents’ competence. It was also anticipated that adolescents in the detention sample would evidence lower maturity and competency-related abilities compared to the community sample. Expanding …

The Tennessee Death Penalty: Prosecutors, Juries And The Impact Of Race, Kristin Amber Wagers

Doctoral Dissertations

The impact of race within the American criminal justice system has seen long-term debate and has been studied by numerous social scientists. This dissertation examines the criminal justice system by analyzing data created by the Tennessee courts to determine whether race impacts the administration of Tennessee’s death penalty. This dissertation examines whether race impacts the overall administration of Tennessee’s death penalty, a Tennessee prosecutor’s decision to seek death, and a Tennessee jury’s decision to impose death. The impact of race at each stage is analyzed by logistic regression to isolate the defendant’s race, the victim’s race, and the racial interaction …

Stochastic Modeling Of Retail Mortgage Loans Based On Past Due, Prepaid, And Default States, Chang Liu

Doctoral Dissertations

Stochastic models were developed that provide important measures related to retail mortgages and credit cards for the management of a bank. Based on Markov theory, two models were developed that predict mortgage portfolio size and expected duration of stay in each of the states, which are defined according to the criteria of Basel Accord II and the Federal Reserve Bank. Also, to facilitate comparisons among different types of credit products and different time periods, a model was developed to generate a health index for a retail mortgage. This model could be easily extended, using multivariate regression or multivariate time series …