Law Commons^™

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Theses

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …

Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost

Honors Theses

In this paper, I will explore the eugenics movement as a pseudo-scientific political, social, and legal phenomenon which had a devastating historical impact on America’s most vulnerable women, as well as briefly discuss its residual effects on contemporary reproductive rights conversations, through the lens of literature. Using an interdisciplinary discourse and narrative analysis approach, I identify two distinct themes within the explored narratives: (1) the importance of a government’s attempt to override a person’s autonomy by destroying the person’s ability to reproduce, and (2) the impropriety of actions based on a negative attitude toward disabled or undesirable persons. In my …

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 …

Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson

Honors Theses

Throughout its turbulent history, Colombia has seen drastic changes in structure and administration. From military coups to shaky coalitions, the country’s infamous instability has long forced its citizens to find better prospects elsewhere. However, with the rise of the Maduro administration in Venezuela, Colombia faced a massive new flow of migrants and was forced to rectify current circumstances without properly addressing its internal issues beforehand. Despite its historical status as a nation of emigrants, Colombia marks a new norm for the rest of the globe. As new issues like climate change and increased armed conflict grow worldwide, countries on the …

Diverse Analyses Of Accounting: A Series Of Case Studies, Hannah Harris

Honors Theses

This thesis consists of a diverse variety of case studies surrounded accounting and accounting-related issues. The first five cases span a broad range of topics, such as 9/11 and COVID-19 and their effects on the accounting industry. The last five cases, which were completed as a team, provide an in-depth analysis of Goldman Sachs, mostly through the team’s study of their 2020 and 2021 financial statements. These cases provide an overview of the company and the team’s suggested improvements in each line of service—audit, tax, advisory, and risk advisory. Through these cases, I was provided a much deeper insight into …

Language Laws And Regional Identity: A Case Study Of Euskera In The Basque Country, Jenna Ebel

Honors Theses

This thesis explores the interconnectivity between language laws and regional identity, focusing on education, public health, and transnational systems. Through this case study of the Basque Country, the context and wording of the language laws in the subregions within the Basque Country are utilized to understand how they affect the usage and understanding of the Basque language, “Euskera.” Through this, the study is then focused on the Spanish autonomous community of the Basque Country to understand the effects of a minority language on educational systems, the COVID-19 Pandemic, and the connections to both the EU and the UN. Through a …

Tribal Statecraft And Freedom Of Expression In Jordan, Taylor Northcutt

Honors Theses

In this research paper, I investigate the connection between the policies regarding freedom of speech and expression promulgated by the government of Jordan in the decade following the Arab Spring and Jordan’s tribal Bedouin heritage, with a focus on how traditional Bedouin values and attitudes regarding the nature and purpose of public spaces influence modern state policies regarding freedom of expression. In the investigation of this subject, I surveyed a diverse catalog of research covering politics and issues of freedom of expression in Jordan in the 2010s as well as the political and social values of tribal Arab culture in …

A Case Study Of California's Maternal Health Landscape And Recommendations For Mississippi, Kinley Miller

Honors Theses

This paper is a case study of California’s maternal health landscape, reflecting its exceptional approach to the maternal health crisis. I review several policies: the creation of the Maternal Quality Care Collaborative, the Maternal Data Center, and the Maternal Mortality Review Committee, maternal health toolkits, Medicaid expansion, extended postpartum Medicaid coverage, paid family leave, C-Section Honor Roll, and maternal mental health measures. The case study suggests that all of these policies in conjunction with one another correlates with a decrease maternal mortality. California’s proactive approach and ability to mobilize public and private entities are key attributors to its success in …

The Contribution Of Forensic Science To Wrongful Convictions: An Analysis Of Forensic Expert Testimony, Parker Gunter

Honors Theses

The purpose of this study was to explore the progression and potential improvement of forensic science in court. Errors is forensic science have contributed to the problem of wrongful convictions, but research surrounding forensic expert testimony over the last decade is lacking. The way that an expert explains evidence in court is important to gain a broader understanding for how forensic science may fail. The testimonies of forensic experts were analyzed both quantitatively and qualitatively to further understand the shortcomings in the field at the end of its journey through the criminal justice system. The results showed that the testimonies …

Arbitrariness And Accountability In Plea Bargaining, Emma Brewer

Honors Theses

Justice is supposed to be a consistent, fair ideal of our society. If an individual is going to face punishment, there should be reasons why they receive the punishment they do, and two people who commit similar offenses should be punished similarly. These societal ideals are also embraced by the legal profession. Unfortunately, the current practice of plea bargains creates potential problems for our ability to satisfy that ideal of justice. Prosecutors have significant discretion in offering plea bargains. This discretion opens the door for potential arbitrariness. One way for prosecutors to combat that arbitrariness is by having a structured …

The Rise And Fall Of Daca: An Audio Series, Dulce Garcia

Honors Theses

The history of Deferred Action for Childhood Arrivals, commonly known as DACA, is a tumultuous one. In 2012, when President Obama created DACA through an executive order it gave relief to hundreds of thousands of people who were brought to the United States as children without their knowledge, giving them a range of benefits like never before including a work permit, a social security number, protection from deportation, and others. Yet, these last ten years the program has stood on shaky grounds with constant court battles canceling, reinstating or partially rolling the program. This audio series will give a deep …

Provider Perspectives On Mississippi's Child Care Payment Program, Katherine Broten

Honors Theses

The Mississippi Child Care Payment Program allocates public dollars from the Child Care Development Block Grant to decrease the cost of child care to qualifying Mississippi families. The purpose of this research is to examine how the coronavirus pandemic and ensuing policy changes from the state of Mississippi shaped child care providers' experience with the Child Care Payment Program. By surveying child care providers, this researcher assesses to analyze the effectiveness of the program and determines remaining what areas of need. Please note that this research applies to policies prior to the 2023 revision to the Child Care Payment Program …

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 …

Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez

Honors Theses

In accordance with Rule 29 of the Federal Rules of Appellate Procedure, this amicus curiae is submitted in the defense of Walsh and the Department of Labor in releasing the prudence and loyalty in selecting plan investments and exercising shareholder rights rule in November of 2022. These brief mainly focuses on the arbitrary and capricious standard, the major questions doctrine, and the legal standing the Department of Labor has to issue rules that apply to the Employee Retirement Income Security Act of 1974.

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Theses

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …

With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer

Honors Theses

The last phrase of the Pledge of Allegiance states “with liberty and justice for all”. However, not everyone has access to this liberty and justice. Liberty and justice can be bought in this country for a price, and those who can’t afford to pay it are often left in the hands of those who can. One of the most prominent ways to see this is by analyzing the criminal justice system. Despite clauses in the Fourteenth Amendment and court cases like Gideon v. Wainwright (1963) establishing and upholding that the poor are entitled to equal treatment within the criminal justice …

Remedying Unfair Fair Use Judgments In The Music Industry: A Call For Greater Consistency In The Application Of The Four Factors And Transformation Determinations In Copyright Legislation, Abbigail Sullivan

Honors Theses

In this thesis, I have identified weaknesses to the fair use concept in Section 107 in the Copyright Act of 1976. In particular, it is difficult to identify what fair use is in copyright cases because of the ambiguity of the four factors and how they are applied. As a result, inconsistent rulings by judges occur. Therefore, the solution that I propose is to revise the statute to put an appropriate emphasis on the application of all four factors in a cohesive way, specifically the second factor, because the way in which it is viewed now gives it too narrow …

Justice In The American Legal System: Challenges To The Confrontation Clause In Criminal Child Sexual Abuse Cases, Kelsey Savoy

Honors Theses

The following thesis will look at the original intent of the Founders when the Sixth Amendment was written. It will then examine the challenges presented to justice both substantively and procedurally in cases of criminal child sexual abuse specifically, including the challenges faced by victims forced to testify during trial long after the trial is over. After establishing these challenges, this thesis will then examine legal precedent set by the courts that illustrates how exceptions have been made to traditional courtroom procedures over time, such as exceptions to the hearsay rule and in-person testimony on the witness stand, to allow …

Petroleum And The Politics Of Decolonization In Indonesia: A Study Of Economic Development And Nationalism, Jan P. Wenger

Honors Theses

This study examines Indonesia’s reliance and independence on foreign direct investment (FDI) and multinational corporations (MNCs) in the oil and gas sector. Analyzing historical, economic, and political primary and secondary sources and conducting qualitative interviews, the research explores the friction between economic development aspirations and nationalist sentiments. The study reveals that the current ambiguity surrounding FDI and MNC policies in Indonesia’s oil and gas sector can be traced back to the country’s economic decolonization and demonstrates that Indonesia’s economic policies towards these factors shifted in the aftermath of political change. Since gaining independence, Indonesia has strived to balance the pursuit …

Justice On Trial: A Multifaceted Analysis Of Capital Punishment, Abby Long

Honors Theses

There is an ongoing debate surrounding the criminal justice system, focusing specifically on the controversial topic of capital punishment. Highlighting a startling statistic—one in nine death row inmates being exonerated— a pivotal question arises of what factors influence sentencing outcomes? Seven variables, number of sentences, income of offender, region of sentencing, race of offender, gender of offender, and political affiliation of sentencing state, are considered to understand the variations in sentencing outcomes and assess the fairness of the current judicial process. Using an OLS regression analysis of data from all 50 U.S. states, the paper seeks to better understand capital …

Complexities Of Community Consultation In Chile's Lithium Industry, Isabella R. Whelan

Honors Theses

Echoed by November’s COP27 in Egypt, the climate crisis has become an increasingly pressing and global issue, with the need to move away from fossil fuels more urgent than ever. In attempts to decarbonize the global economy, many countries and companies have turned to electrification –particularly within the transportation sector, one of today’s largest contributors of greenhouse gasses. A crucial component of energy storage and batteries is lithium, now considered a “critical mineral.” Demand for lithium has skyrocketed in recent years and is only expected to continue growing. More than fifty percent of the world’s lithium supply is found within …

Redlining And Opioid Overdose Outcomes: Do Historical Housing Policies Still Impact Health Today?, Sahana Paravantavida

Honors Theses

This study examines the relationship between historical housing policies and current health outcomes, specifically the impact of redlining on opioid overdose rates. Using data collected from the state of New Jersey, neighborhoods with a history of redlining have higher rates of opioid overdose deaths. My findings suggest that historical housing policies, which systematically excluded certain populations from accessing affordable housing and resources, continue to impact health outcomes today.

A Comparative Analysis Of Statutory Remedies For Wrongful Convictions In The Fifty States, Abigail St. John

Honors Theses

Thousands of individuals have been wrongfully convicted across the United States. When an exoneration occurs, an individual’s conviction is absolved, and their innocence is proved through newly discovered evidence. While it might be impossible to protect from the errors of the criminal justice system, it is in the hands of the state to compensate the wrongly convicted. There is an abundance of research that focuses on reforming the existing wrongful conviction compensation legislation, but there is a lack of scholarly data that explains the motivations behind this compensation. Moreover, few researchers have considered the role of partisanship and political parties …

Como Si Nunca Hubieran Existido: Los Efectos Mortales De La Prevención A Través De La Disuasión En Sin Nombre Y 7 Soles, Lillian Friedrich

Honors Theses

ABSTRACT

FRIEDRICH, LILLIAN Como si nunca hubieran existido: Los efectos mortales de la prevención a través de la disuasión en Sin Nombre y 7 Soles

ADVISOR: Stephanie A. Mueller, PhD

This thesis analyzes two primary source drama films that center around the process of immigration that Hispanic migrants experience to enter the United States. Sin Nombre, directed by Cary Joji Fukunaga in 2009, shows how Hispanic migrants utilize a train called The Beast to get from Central America to the U.S- Mexico border, facing the dangers of a moving vehicle and gang violence. 7 Soles, directed by Pedro Ultreras in …

The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato

Honors Theses

Five states in the American South currently have “no pro homo” policies in place, while an increasing number of bills targeting discussions about sexuality and gender identity in public schools are being introduced to House floors around the country. Although there is extensive research on the ways in which these policies put the physical and mental well-being of LGBTQ+ students at risk, there is little to no research about how they shape public perceptions of the LGBTQ+ community collectively. With inspiration from Kenneth and Mamie Clark’s social science study cited in Brown v. Board of Education (1954), this study works …

Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry

Honors Theses

This thesis will discuss Juvenile Life Without Parole sentencing (JLWOP) from three perspectives: (1) the evolving standard of decency as developed through relevant U.S. Supreme Court cases; (2) the cognitive and psychosocial development of adolescents that creates reduced culpability in juvenile offenders; and (3) the justifications and implications of punishment as-applied to juvenile offenders. In my fourth chapter, I argue that JLWOP sentencing disregards the humanity and transformable nature of juvenile offenders. I will then draw a parallel between the implications of a juvenile offender's underdeveloped cognitive functions on their decision-making processes and the implications of a trial judge's underdeveloped …

Improving Care And Licensing Standards And Oversight In America's Zoos, Hannah Willis

Honors Theses

Since 1966, the Animal Welfare Act has been the official federal legislation passed to provide care standards and regulations for publicly exhibited animals, specifically exotic animals within zoos; however, in an age of major advocacy for improved animal welfare standards for all animals, the AWA has remained fairly stagnant in its guidelines for animal exhibitors. Through numerous articles, documentaries, and TV shows, specific zoos and animal exhibitors have shown many Americans that there seems to be little to no governmental oversight over zoos that have engaged in poor animal care or those engaging in often dangerous and cruel animal contact …

Trafficking In Persons: The Reliability Of The Tier Ranking System And Its Ability To Influence Global Policy Decisions, Zoe Storck

Honors Theses

This research investigates the Trafficking in Persons (TIP) report published annually by the United States. Specifically, this research examines both the role that the Trafficking in Persons report plays in pushing specific human rights policy decisions throughout the world and its overall effectiveness in creating governmental response. The tier rankings and country narratives included in the report are essential for identifying specific government responses to recommendations made in the TIP report, and the tier rankings specifically have created a system that pressures countries to pursue steps toward combatting human trafficking. The data collection method utilized throughout this research consists primarily …

On The Intersections Of Childhood Maltreatment, Self-Control, And Behavioral Outcomes Across The Life-Course, Ameleigh Bippen

Honors Theses

Childhood abuse and neglect are highly deleterious experiences that a number of children continue to encounter. The purpose of the current discussion is to examine the impact of childhood abuse and neglect on the growth and development of self-control in early childhood. In service of this goal, several methods were employed, including a review of the historical and current research on the development of self-control. In addition to this, specific scientific theories and their advancements were analyzed to provide further insight into the connection between poor impulse regulation (and decision-making) and downstream linkages with criminal offending. Perhaps not surprisingly, evidence …

The Implementation Of An Authenticity Clause In Social Media Influencers' Contracts, Sarah Tonos

Honors Theses

In the age of social media influencers turning social media platforms into jobs– monetizing pictures of their cats, dancing for dollars, or even making a mockery of themselves for fame and money, the question of whom to trust or distrust has become increasingly important among consumers. As more brands are starting to collaborate with influencers, it is essential to acknowledge the current relationship among all parties involved, including the Federal Trade Commission. There is currently a blurred line among trust, distrust, authenticity, and reliability during sponsorships. The common question among consumers is whether social media influencers believe in the brand …