Law Commons^™

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 …

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 …

Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy

Masters Theses

In demanding occupations, the preference for formal education is presumptive when improving competency and workmanship. This study assesses the correlation between college education and traffic enforcement performance within a local police department in Aberdeen, North Carolina. In this study, performance strictly refers to issued traffic citations and traffic enforcement. The research consisted of a secondary analysis (public records) using qualitative data. Data were collected to determine which officers issued the most traffic citations from the highway patrol unit from January to June 2021. Second, qualitative data were collected via an interview with one of the department officers to obtain demographic …

Amendment 4: A Movement To Reduce Ex-Felon Disenfranchisement In Florida, Hunter L. Harding

Masters Theses

The paper explores the foundations of Felon Disenfranchisement in the State of Florida and how the United States Constitution allowed for individual states to implement disenfranchisement measures. The historical foundations are necessary for understanding the implications of felon disenfranchisement and its disproportionate outcomes on minority communities. With previous attempts to change policy regarding the restoration of civil rights for those disenfranchised, a different approach was needed to solve the plagued restoration process in the State of Florida. Florida Rights Restoration Coalition, a group led by ex-felons, fostered the movement to create the ballot initiative of Amendment 4 in the 2018 …

Enforcing Higher Standards For Flood Hazard Mitigation In Vermont, Tamsin Flanders

Masters Theses

The state of Vermont faces increasing risk of costly damage from catastrophic flooding events as climate change increases the frequency of heavy rains and cumulative precipitation. In addition to increasing flood inundation risk, extreme precipitation events are leading to high rates damage from fluvial erosion—erosion caused by the force of floodwater and the materials it carries. As in all U.S. states, flood hazard governance in Vermont is shared by multiple levels of government and involves a complex compliance model that relies on local governments to regulate private property owners to achieve community, state, or federal goals.

To encourage municipalities to …

Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows

Masters Theses

This thesis paper reflects upon the costume design process taken by Emma Hollows to produce a realist production of the Junction Avenue Theatre Company’s musical Sophiatown at the Augusta Savage Gallery at the University of Massachusetts in May 2020. Sophiatown follows a household forcibly removed from their homes by the Native Resettlement Act of 1954 amid apartheid in South Africa. The paper discusses her attempts as a costume designer to strike a balance between replicating history and making artistic changes for theatre, while always striving to create believable characters.

The Art Of Not Seeing: The Immigration And Naturalization Service’S Failed Search For Nazi Collaborators In The United States, 1945-1979, Jeffrey Davis

Masters Theses

From 1945 to 1979, the Immigration and Naturalization Service was responsible for identifying and prosecuting Nazi collaborators and potential war criminals in the United States. It failed in this task for a number of reasons. The first of these was that the agency was severely disorganized and mismanaged. Reliance on interagency cooperation, lack of manpower and resources, and lack of institutional support for “Nazi hunters” posed further problems. Morale crises among employees and the legal difficulties of actually prosecuting Nazi collaborators also hampered the agency’s effectiveness. Most importantly, the agency was overwhelmingly focused on policing the southern border and preventing …

Getting After The “Dark Figure” Of Reid: A Meta-Analysis, Douglas A. Coolidge

Masters Theses

Much research has been done, which aims at the use of the Reid Technique in the interrogation room. The technique, named after Reid and Inbrau, uses an aggressive presumption of guilt tactic that has been blamed for the unconstitutional coercion of criminal confession. Those that argue against the use of the technique are typically proponents of the cognitive technique, an interrogation model that eschews the aggressive “finger-pointing” of the Reid technique in favor of more friendly interactions, where the suspect is set up to tell their side of the story freely. Should they be attempting to lie during a cognitive …

An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck

Masters Theses

In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism—and embraces elements of legal positivism—he acquiesces to the notion that judges sometimes utilize non-legal, “moral reasons,” when deciding cases. Leiter suggests that any moral “knowledge” that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism is incapable of providing …

Markov Decision Process Approach To Strategize National Breast Cancer Screening Policy In Data-Limited Settings, Vijeta Deshpande

Masters Theses

Early diagnosis is a promising strategy to reduce premature mortalities and for optimal use of resources. But the absence of mathematical models specific to the data settings in LMIC’s impedes the construction of economic analysis necessary for decision-makers in the development of cancer control programs. This thesis presents a new methodology for parameterizing the natural history model of breast cancer based on data availabilities in low and middle income countries, and formulation of a control optimization problem to find the optimal screening schedule for mammography screening, solved using dynamic programming. As harms and benefits are known to increase with the …

Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets

Masters Theses

Grounded on long-standing penal notions of exclusive retributivism inherited from classical theorists, Ancient Near East lex talionis, and theonomist penology, the United States federal sentencing and corrections system aims to administer just desert sentences on offenders, to curtail crimes. This exclusively retributive model of criminal sanction is, presumably transformative and innately capable of dispensing holistic justice to society, victims, and criminals. However, the preponderance of high rates of recidivism raises the question of whether this exclusively retributive doctrinal framework that drives the federal penology empirically results in a redemptive administration of penal justice, especially to the offender. Given the traditional …

"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 …

Cold Careers And Occupational Hazards: The Occupational Preferences Of Canadian Serial Killers, Christina E. Ledezma

Masters Theses

Serial killing is a dark and complex phenomenon. As researchers have begun to recognize that serial killing exists and interacts within a broad modern context, how these factors affect its occurrence has received more attention. This includes serial killers’ occupational preferences and the influence that occupations have on their offending. However, studies on serial killers’ occupational preferences have been limited to the United States and the United Kingdom. This thesis sought to classify the occupational preferences of 36 Canadian serial killers and subsequently analyze how these occupations may have influenced their offending, both instrumentally and psychologically. According to Canada’s 2016 …

Intergenerational Incarceration And Inmate Adjustment, Sarah C. Light

Masters Theses

Current research has found the impact of incarceration to be far reaching. Families, especially children, often experience the most strain and disadvantage as a result of a parent’s incarceration. This effect can carry into the adult years and influence economic, educational, and behavioral health outcomes. The present study investigates the effect of having a parent or stepparent incarcerated on behavioral and psychological inmate adjustment to the prison environment. Using secondary data from a national data sample of 14,499 inmates, behavioral and psychological adjustment to the prison environment was measured. Results showed no significant effect of second generation prison status on …

Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley

Masters Theses

Mental illness is a prevalent issue and many times individuals diagnosed with a mental illness are repeat offenders within the criminal justice system; therefore, it is important to understand the problems at hand and find ways to handle the problems, or best yet take preventative measures to stop the problems from ever occurring. The literature review and interviews show that the criminal justice system seems to be handling mental illness in the best way possible with the current resources that are available to them. However, the literature review and interviews also show that an increase in resources and training on …

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 …

Addressing Demand For Sex Trafficking In Sweden And The United Kingdom: An Interpretive Policy Analysis Of Demand Reduction Policies, In Consideration Of The Principles Of Deterrence Theory, Katee Stahl

Masters Theses

In recent years, the problem of sex trafficking has migrated to the forefront of prostitution policy discussions, shifting the focus away from arguments surrounding the morality of prostitution, and instead, to consideration of the most effective prostitution policy approach to combat sex trafficking. One popular solution focuses on reducing the demand for sex trafficking by reducing the overall demand for prostitution. In order to reduce demand for prostitution, people must be deterred from purchasing sexual services, in any form, which may be accomplished by criminalizing the purchase of prostitution. The present inquiry will compare the demand reduction approaches of Sweden …

An Exploration Of Negative Family Factors And Substance Use Amongst Adolescents: The Lasting Effects Of Family Substance Use, Parental Criminality, And Parental Corporal Punishment, Melissa Ann Murray

Masters Theses

Studies have shown that there is a connection between negative family influences and adolescent deviance. The purpose of this study was to investigate how negative family factors may lead to adolescent substance use. The study examines literature that suggests that negative family factors may trigger adolescent substance use. This study utilized secondary data from the 1995 National Survey of Adolescents in the United States (Kilpatrick and Saunders, 1995). A representative sample of adolescents (ages 12-17) and adult parents from the United States was analyzed (n = 4,023). This study examined the direct effects negative family factors have on adolescent alcohol …

Understanding Blogging And Copyright Infringement Within A Pinterest Generation, Ashley Mcalpin

Masters Theses

Copyright infringement within a Pinterest generation is growing at an alarming rate. This study sought to explain the phenomenon of stealing on Pinterest through a study of social interaction and perception thereof. The author found that the overall concept of interaction was widely misunderstood, along with the current copyright laws, leading to a broken sense of ethicality among the Pinterest generation. Through this study the impact of peer interaction, in compliance with the standards of Bandura's Social Learning theory (1977), was reviewed and found applicable to the Pinterest generation today. This study proved it relevant to further research the ethical …

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 …

Improving The Rate Of Voluntary Compliance In Investigative Police Reporting Through The Application Of A Training Model And Job Aid, Kent D. Martin

Masters Theses

This study examines the immediate effect of a training module and job-aid on the percentage of police reports that lack pertinent information relating to the identity and contact information for suspects, witnesses and victims. A random sampling of reports was examined to determine if the initial responding officer obtained all available information needed to identify and contact these individuals for further investigation.

This analysis resulted in the creation of a training module, which was provided to all members of the patrol division. The module included a job aid to which each officer could refer during the report writing process. An …

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …

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 …

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 Relationship Between Sex Role Stereotypes, Domestic Violence Training, History Of Law Enforcement Involvement, And Law Enforcement Officer's Perceptions Of A Domestic Violence Incident, Kristen M. Schuch

Masters Theses

This study examined how police officers perceptions of a domestic violence situation are influenced by sex role stereotypes, domestic violence training and history of police intervention. Participants were police officers employed in sheriff's departments or city police departments. Officers received several surveys and a vignette describing a domestic violence scene. Officers were given one of two vignettes, one describing a situation in which there have been previous calls to the address and one in which this is the first call and were then asked several questions to assess their perceptions. Sex role stereotypes were assessed using the Sex Role Egalitarianism …

Perceptions Of Prison Guards By Prison Visitors And Nonvisitors, Frances N. Huber

Masters Theses

Social interaction has been found to be a large factor in the recidivism of criminals. Many prison inmates have limited access to social interaction with other inmates as well as those outside of prison. This creates tension between inmates, guards, and society. The breakdown of barriers to open communication between inmates and others may be beneficial to the rehabilitation of criminals. Providing more access to visitations, telephone calls, and electronic mail reduces inmate aggression and encourages compliance to the prison and social rules. In addition, interaction with those outside of the prison acts as a continual reminder to an inmate …