Law Commons^™

The Hard Work Is Worth It: Overcoming Unfavorable Determinants To Pass Pro-Immigrant Education Policy In A Conservative State Legislature, Megan Cardwell Godfrey

Graduate Theses and Dissertations

Immigrants, English learners (ELs), and culturally and linguistically diverse (CLD)students often lag behind their White, monolingual peers in academic achievement and English language proficiency. While there are policy solutions to improve academic and linguistic opportunities and outcomes for immigrant/EL/CLD students, such as implementing bilingual instructional models and increasing teacher diversity, these pro-immigrant policies can be hard to come by in some legislative contexts due to unfavorable economic, social, or political determinants. This qualitative case study analyzed the multifaceted political work that contributed to the passage of two pro-immigrant education policies in the Arkansas 93rd General Assembly: a bill for bilingual …

Law Enforcement Policy And Personnel Responses To Terrorism: Do Prior Attacks Predict Current Preparedness?, Bryce Kirk

Graduate Theses and Dissertations

Terrorism has been on the mind of the American people and politicians alike since the 9/11 attacks over two decades ago. In the years since, there has been a massive shift in law enforcement priorities from community-oriented policing (COP) to homeland security-oriented policing. This was especially evident in the establishment of the Department of Homeland Security (DHS) shortly after the attacks on the World Trade Center and Pentagon in 2001, which was established to aid law enforcement entities with terrorism preparedness. While prior literature has addressed a variety of factors that have contributed to terrorism preparedness, very little research has …

[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.

Medical Error Disclosure: A Content Analysis Of State Legislation, Teresa Kathleen Sparks

Graduate Theses and Dissertations

Medical error is a public health problem in the United States (U.S.), causing approximately 250,000 hospital deaths per year. Health care leaders and policy-makers have identified medical error disclosure as one of many viable evidence-based solutions to address the problem of medical error – leading to increased transparency in health care, improved patient outcomes, potential medical malpractice cost reduction, and decreased health care provider distress and turnover. Unfortunately, health care providers are often hesitant to practice disclosure and are not required to do so in most U.S. jurisdictions. A qualitative inquiry using content analysis was conducted to understand the language …

Rethinking Immigration Justice: Mexican Community Activism While Serving Migrants In Transit., Angélica Villagrana

Graduate Theses and Dissertations

This research study focuses on the externalization of migration control and its effects on staffmembers of community organizations that serve Central American migrants in transit. While literature on migration enforcement places emphasis on border control and internal removals, research on new forms of migration enforcement has paid little attention to the extension of border control beyond physical borders. This study employed an ethnographic approach to address the overarching question of how community organizers have responded to the adoption of US practices on extraterritorial migration control by the Mexican government while serving migrants in transit. Data collected provide empirical evidence contextual …

Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire

Graduate Theses and Dissertations

Incarceration, especially in the United States, is deeply related to issues of racism, poverty, and citizenship. These particular experiences are the result of a history of biopolitical control affecting Black and brown communities and have a quintessential origin in enslavement. Those who are incarcerated are isolated, dishonored, and powerless as a result of the criminalization of race and poverty. These observations led to questions surrounding the particular impact families may have on the experiences of those who are incarcerated. Families of Incarcerated Loved ones, or FOILs, mediate incarceration through intentional socialization which has the potential to counteract the realities of …

A Mixed-Methods Analysis Of Biofuels, Teresa Cristina Garcia

Graduate Theses and Dissertations

Brazil has the largest sugarcane acreage in the world (FAOSTAT, 2020) and is the world leader in the production of sugarcane-based ethanol (Sousa Junior et al., 2017). Due to the technical experience in the production of biofuels and the availability of sugarcane straw and bagasse, the country has a great potential to commercially produce second-generation ethanol (E2G) (Nyko et. al., 2010). In 2017, Brazil enacted a new National Biofuels Policy, called RenovaBio, to expand the production and use of biofuels in the country. This dissertation combines three essays that explore biofuels law and policy with a special focus on Brazil. …

Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird

Graduate Theses and Dissertations

Buffer zones are a risk management method used within sport and recreation to protect participants and spectators from avoidable injury. Within the recreational golf sector, buffer zone standards do not exist. This poses a problem as golf courses in the recreational sector serve a wide range of customers in terms of age, skill level, and experience. A legal case content analysis of 1,561 golf negligence lawsuits aimed to answer research questions related to locations of incidents, circumstances that led to injury, and injuries or damages that were the result of errant golf shots. A Westlaw search provided the data for …

Like Me, Do What I Say, & Think About My Influence: The Effects On Witness Choosing And Metacognition, Brittany Race

Graduate Theses and Dissertations

Confidence can be a strong predictor of accuracy if circumstances are ideal (Wixted & Wells, 2017), but ideal circumstances are not always present. As such it is important to understand ways to ameliorate potentially negative effects on eyewitness metacognition. Rapport building, though seen as an important element of police/witness interaction (Vallano et al., 2015), can lead to some potentially negative memory effects (Wright et al., 2015). Additionally steering, or the process of directing a witness toward a particular suspect, can increase false identifications. Recently the researcher has developed a paradigm meant to better calibrate confidence by reinstating the context of …

Ix: Story About The Law Of Non-Discrimination - Documentary, Denzel Jenkins

Graduate Theses and Dissertations

The purpose of this project is to provide historical awareness for how Title IX, the anti-gender discrimination law in education, evolved to where it is today and the impact it has on universities in the United States. Strong-willed individuals sought change in the late 1960s and 1970s to prevent gender discrimination in education, thus beginning the creation of the law and making it a powerful tool for women’s rights. As Title IX expanded its reach, universities have been shaped by gender discrimination in athletics, sexual assault, harassment and rape. This project outlines the evolution of Title IX through research based …

A Case Study Of The Umpqua Community College Shooting, Timothy P. Wilson

Graduate Theses and Dissertations

The purpose of this dissertation was to examine the deadliest shooting that has happened on a community college campus. The following research questions guided this dissertation study: (1) What was the law enforcement response to the deadliest community college campus shooting in history? (2) Did previous mass shootings inform the law enforcement response to the deadliest community college campus shooting? (3) What implications for practice can be derived by studying the deadliest of these shootings? This case study utilized multiple sources of information, from official police reports, official institutional reports, archives of publications, and participant interviews from some of the …

Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza

Graduate Theses and Dissertations

My goal in this work is to outline a specifically legal harm principle that is derived from John Stuart Mill’s harm principle in On Liberty. I will do this by providing a close reading of On Liberty and comparing it to what he says in chapter V of Utilitarianism. I believe that these two works provide a foundation for a harm principle that defines the domain and limits of the law. While this goal is not new, I focus on Mill’s general harm principle and the two maxims that he believes make it up in order to construct a relatively …

Just Discrimination: Arkansas Parochial Schools And The Defense Of Segregation, Misty Landers

Graduate Theses and Dissertations

This thesis examines the continued segregation of parochial schools in the Little Rock Catholic Diocese after the Supreme Court’s 1954 Brown v. Board of Education ruling. The thesis compares the failure of the parochial schools in Little Rock to integrate to the success of integration in Arkansas’s southern neighbors, St. Louis and New Orleans. In those cities, integration occurred after the appointment of new head prelates who threatened excommunication when confronted with segregationist protests and threats of violence. Bishop Albert Fletcher, the head of the Little Rock Diocese, has been perceived as supportive of integration efforts and aligned with his …

The Role Of Attention And Memory In Prospective Person Memory, Kara Nicole Moore

Graduate Theses and Dissertations

I examined the role of memory and attention in prospective person memory. Prospective person memory involves being on the lookout for a person with the goal of completing some task (i.e., contacting the authorities) upon encountering the person. Success at prospective person memory tasks in lab and field based studies is rather low (i.e., less than 10% of people report encountering the person). In the current study the prospective person memory task involved a simulated search for a missing person. I manipulated attention to the missing person and strategic monitoring, which involves being in retrieval mode and searching for cues. …

Everyone Knew He Did It, But He Was Not Condemned! Knowledge And Knowledge Attributions In Legal Contexts, Danny Marrero Avendano

Graduate Theses and Dissertations

Theorizing about knowledge attributions has revolved almost exclusively around the problem of skepticism and knowledge attributions in everyday conversations. Sutton (2007), however, points out that Epistemic Contextualism seems to settle another field: "[i]t is sometimes suggested that courtroom proceedings provide a context that shows the context-sensitivity of knowledge ascription truth-conditions" (p. 87). This dissertation is devoted to the evaluation of this contextualist suggestion (CS). Epistemic Contextualism claims that the correctness of knowledge attributions depends on the salience of error possibilities or the practical states of a knowledge attributor's context of utterance. I interpret CS implies that the context of utterance …

From Temporary Incentive To Perpetual Entitlement: Historical Perspective On The Evolving Nature Of Copyright In America, Evan Boyd Billingsley

Graduate Theses and Dissertations

The original purpose of copyright legislation was to grant a temporary economic monopoly to an author of a creative work. This monopoly is meant to incentivize authors to contribute to the public good with works that promote progress in science and art. However, increases in the scope and duration of copyright terms grant overly broad protections and controls for copyright owners, while advances in technology have provided the public with the potential for near-limitless access to information. This creates a conflict between proprietary interest in creative works versus the public's right and ability to access same. Efforts to balance these …

The Effects Of The Bi-Partisan Campaign Reform Act On The Process Of The Campaign Finance In The Presidential Nomination Process, Karen Sebold

Graduate Theses and Dissertations

The Bipartisan Campaign Reform Act increased the individual donor limit to $2,000 per candidate per election and indexed the limit for inflation every two years. The primary research question guiding this study is how has the increase in the donor limit affected donor behavior. Answering this question should allow a determination to be made about how donors have responded to the increased donor limit. Understanding how donors responded to the doubled limit is important because it provides evidence on the intersection of wealth inequality and political influence. To answer the research question this study considers how the increased donor limit …

An Analysis Of Firearms Training Performance Among Active Law Enforcement Officers, John Thomasson

Graduate Theses and Dissertations

Firearms proficiency is an implicit expectation, held by the public of police officers, due to presumption that the required firearm training is an adequate preparation for a deadly force encounter. However, anecdotal evidence and available data on police shootings suggest that conventional, unrealistic training methods are wholly inadequate. To present stress into firearms training, some departments have opted for exercises such as physical exertion and shoot-house training as a substitute for realistic simulation of force-on-force confrontations.

To determine whether such exercises are comparable, an observation of performance and heart rate levels was conducted on a group of eight police officers, …

An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck

Graduate Theses and Dissertations

Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform, and …

The Literacy Practices Of Law Enforcement, Leslie Eames Seawright

Graduate Theses and Dissertations

This dissertation investigates police report writing at the Jackson Police Department in Northwest Arkansas. It presents three primary research questions which are addressed through qualitative methods of interview, observation, and discourse analysis.

1) In what ways does police training address report writing?

2) What audience awareness do police officers have when writing reports?

3)How do actual report audience members read and evaluate reports?

The police academy in this study fails to spend the necessary time discussing report writing. This is not rectified by the in-house training program, which pairs officers with Field Training Officers that are often reluctant or unqualified …

Jurors' Ability To Judge The Reliability Of Confessions And Denials: Effects Of Camera Perspective During Interrogation, Lindsey Nicole Sweeney

Graduate Theses and Dissertations

Previous research shows that some proportion of people interrogated confess, regardless of actual guilt. It has also been shown that the camera perspective from which an interrogation is videotaped influences later judgments of voluntariness and guilt, as well as sentencing recommendations. The present research extends the understanding of this phenomenon of false confessions and the camera perspective bias. Ecologically valid videotaped true/false confessions and denials were obtained in Experiment 1. The proportions of guilt participants and participants that confessed to cheating were found to be smaller in Experiment 1 than those in previous research. Participants in Experiment 2 viewed the …

Cognitive Agendas And Legal Epistemology, Danny Marrero

Graduate Theses and Dissertations

The domain of legal epistemology is defined from two alternative perspectives: individual epistemology and Social epistemology. Since these perspectives have different objects of evaluation, their judgments privilege and exclude different sets of information. While methodological individualism is concerned with justified beliefs of individual knowers, the Social angle focuses on the institutional conditions of knowledge. I will show that the information that is respectively excluded by both the individual and the Social concepts of legal epistemology weaken their respective evaluations. With this in mind, I will explore one new option of defining legal epistemology. This alternative is more comprehensive, in the …

An Examination Of The Application Of The Chevron Doctrine In U.S. District Courts, Rebekah Ruth Prince

Graduate Theses and Dissertations

This paper is an examination of the case Chevron v. Natural Resources Defense Council (1984). Using cases from the U.S. Ninth District Circuit Courts, from the years 2008 and 2009,1 examine how this case is being used today. Both behavioral models and models made explicitly to study the use of Chevron were used in order to determine not only how a judge cites this case but also whether their political orientation plays a role.

(Re)Constituting The Immigrant Body Through Policy: A Rhetorical Analysis Of The Narratives Within The Discourses Of The Development, Relief, And Education For Alien Minors Act (Dream Act), Emily Rae Ironside

Graduate Theses and Dissertations

Using the testimonies surrounding the Development, Relief, and Education for Alien Minors Act (DREAM Act) as a primary case study, this project provides a rhetorical investigation of the interplay between narratives, nation building, national identity, policymaking, and the American immigrant. This project first identifies the grand narrative of exclusionary nationalism as the primary narrative constituting the American identity. Then, this project examines the rhetoric of policymakers to demonstrate how an Anglo-Saxonized, elitist notion of American identity is rhetorically constituted by assimilationist, racist, xenophobic, and classist discourses. Moreover, it argues policymakers maintain the narrative dominance of exclusionary nationalism through restrictive immigration …