Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

UNLV Theses, Dissertations, Professional Papers, and Capstones

Discipline
Keyword
Publication Year

Articles 1 - 30 of 80

Full-Text Articles in Law

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino Dec 2021

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent changes in VAWA allows tribes – for the first time – to prosecute non-Indians for intimate partner violence. In order to do so, however, tribes have to first meet specific federal mandates. Implementation of federal regulatory policy by American Indian tribes is a dynamic and complex process but there is a dearth of information on the challenges tribes face or on factors that would facilitate successful implementation at the tribal level. This legislation has filled a serious gap in tribal jurisprudence but not all tribes are able to meet requirements, which include having specific legal codes and justice resources. …


Environmental Rhetoric And An Ecology Of Transcendence: A Rhetorical Criticism Of Awake, A Dream From Standing Rock, Alyssa Kahn Aug 2021

Environmental Rhetoric And An Ecology Of Transcendence: A Rhetorical Criticism Of Awake, A Dream From Standing Rock, Alyssa Kahn

UNLV Theses, Dissertations, Professional Papers, and Capstones

My project blends Burkean theory with Indigenous rhetoric to argue that the counter- story of Awake proposes an ecology of transcendence to make sense of human-nature relationships. I wanted to analyze Awake A Dream From Standing Rock. The documentary is explicitly about Indigenous peoples. This documentary tells the story of the peaceful protests and resistance led by Native people at the Standing Rock Sioux Reservation or Lakota Tribe in North Dakota. The activists were protecting the water otherwise known as water protectors/warriors from the construction of the Dakota Access Pipeline (DAPL). The assembly of DAPL is intended to carry perforated …


Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases, Kamali'ilani Theresa Elizabeth Wetherell May 2021

Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases, Kamali'ilani Theresa Elizabeth Wetherell

UNLV Theses, Dissertations, Professional Papers, and Capstones

There has been an average of approximately 3.9 death penalty exonerations annually in the United States since 1973 (DPIC, 2021). Wrongful convictions and executions constitute grave and irreversible errors. Studies show official misconduct is one of the leading causes for wrongful convictions and exonerations. Misconduct by police, prosecutors, and judges includes a wide range of behaviors such as coercing confessions, depriving rights to legal counsel, threatening witnesses, and concealing evidence. Operating under the due process model, the adversarial legal system is designed to detect and prevent any procedural violations of defendant’s rights, including official misconduct. Utilizing Packer’s (1964) due process …


Resisting ‘Raid-And-Rescue’: Capturing The Ideograph Of Victimhood In Nevada Law A.B. 166, Samantha Thies Aug 2020

Resisting ‘Raid-And-Rescue’: Capturing The Ideograph Of Victimhood In Nevada Law A.B. 166, Samantha Thies

UNLV Theses, Dissertations, Professional Papers, and Capstones

Critical rhetoricians and legal communication studies scholars have long recognized that rhetoric and ideology are inherent to legal structures, shaping legislation and impacting the lives of those such laws are meant to address. Fewer look to, not just civic discourses, but also the vernacular discourse surrounding such institutions, shaping the ideologies that support it. There is a need, however, for the study of outlaw discourses to both help define ideographs and challenge their very existence through contrasting outlaw and hegemonic logics. Thus, this thesis examines debates over A.B. 166, a Nevada state law meant to alleviate sex trafficking, by establishing …


Public Perceptions Of Police Militarization: A Nuanced Understanding Of Public Support For Police Practices, Leobardo Lopez-Cristobal May 2020

Public Perceptions Of Police Militarization: A Nuanced Understanding Of Public Support For Police Practices, Leobardo Lopez-Cristobal

UNLV Theses, Dissertations, Professional Papers, and Capstones

In recent years, there has been heavily publicized incidents of police use of military weapons and tactics, which has raised concerns regarding the militarization of police. More famously, in 2014, Ferguson police utilized military weapons and tactics to quell the masses after the police shooting of Michael Brown incited protests and riots. Despite an overall decrease in incidents of police use of force and deadly shootings, individual dramatic events of police militarization paint a picture of a militarized police force. This coincides with an overall increase in military equipment transfers (e.g., weapons, vehicles) to police agencies in the United States. …


Attitudes Toward Marijuana Legalization: Temporal And Thematic Trends, Daniel James Krystosek May 2019

Attitudes Toward Marijuana Legalization: Temporal And Thematic Trends, Daniel James Krystosek

UNLV Theses, Dissertations, Professional Papers, and Capstones

This dissertation examines historical changes in marijuana legalization attitudes between 1974 – 2018, using a qualitative study of pro-legalization social movements in marijuana culture and quantitative analyses of measures from the General Social Survey (GSS). The main research question asks what themes have been prevalent in pro-legalization social movements (e.g., libertarianism, anti-establishment and anti-drug-war, medical/cancer patient advocacy, market incentives), how these themes have changed over the past several decades, and whether they connect to trends in legalization attitudes in the (GSS).

The first part of this study is qualitative, employing thematic content analysis of the most prominent national pro-marijuana publication. …


Beyond Suffrage: Intermarriage, Land, And Meanings Of Citizenship And Marital Naturalization/Expatriation In The United States, Shiori Yamamoto May 2019

Beyond Suffrage: Intermarriage, Land, And Meanings Of Citizenship And Marital Naturalization/Expatriation In The United States, Shiori Yamamoto

UNLV Theses, Dissertations, Professional Papers, and Capstones

This dissertation investigates how the laws of marital naturalization/expatriation, namely the Citizenship Act of 1855, the Expatriation Act of 1907, and the Cable Act of 1922 and its amendments throughout the 1930s, impacted the lives of women who married foreigners, especially in the American West, and demonstrates how women directly and indirectly challenged the practice of marital naturalization/expatriation. Those laws demanded women who married foreigners take the nationality of their husbands depending on the race of women and their husbands, making married women’s citizenship dependent on that of their husbands. Particularly under the Expatriation Act of 1907, all American women …


Effects Of Judicial Primary Election Systems On Challenger Emergence And Candidate Success, Katherine Eugenis Dec 2017

Effects Of Judicial Primary Election Systems On Challenger Emergence And Candidate Success, Katherine Eugenis

UNLV Theses, Dissertations, Professional Papers, and Capstones

While rarely studied, primary elections have a tremendous affect on the general election. This effect can be magnified by institutional differences in the way primary and general elections operate in the states. In the case of judicial elections, the effects of the primary are further confounded by the differences in judicial selection systems across the states. My goal is to understand the role of the primary election as a stepping stone on the way to office. This dissertation endeavors to answer three questions: 1. What are the relevant differences between judicial primary election systems? 2. What influences challengers to emerge …


The Development And Testing Of Potential Music Piracy Warnings, Joanne Ullman May 2017

The Development And Testing Of Potential Music Piracy Warnings, Joanne Ullman

UNLV Theses, Dissertations, Professional Papers, and Capstones

A combination of technological, legal, and economic factors necessitates efforts to protect music from being illegally reproduced in a globally digital environment. Entities such as record companies, recording industry organizations, and special governmental agencies are committed to eradicating the unauthorized dissemination of copyrighted material. Furthermore, the FBI provides an official anti-piracy icon with accompanying text to be placed on websites and packaging. In support of these initiatives, the principal goal of this study was to empirically identify icon design elements that will most successfully communicate to consumers the illegality of unauthorized music reproductions.

Recommendations from extant literature indicate that viewers …


Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore Dec 2015

Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore

UNLV Theses, Dissertations, Professional Papers, and Capstones

The lofty idea of equal justice for all is not the reason legal aid began in the United States. Legal aid was born from the indignation over injustices committed against the poor. Unable to afford an attorney, the poor could not effectively assert their rights within the criminal and civil justice system. Without access to justice through the courts, the extralegal activities required to defend oneself and exact justice such as personally forcing an employer to pay rightful wages, are deemed criminal in most cases. By providing legal resources to the poor, legal aid not only brought order to society …


Regulating The Dead: Rights For The Corpse And The Removal Of San Francisco's Cemeteries, Lance Muckey May 2015

Regulating The Dead: Rights For The Corpse And The Removal Of San Francisco's Cemeteries, Lance Muckey

UNLV Theses, Dissertations, Professional Papers, and Capstones

A specialized facet of American common law developed throughout the nineteenth century; that being mortuary law or the law of the corpse. This jurisprudence transferred limited property rights to dead bodies, which was a radical departure from the treatment of the dead under the English common law tradition that the United States had adopted after the American Revolution.

The dead fit into a unique category in law. Legally they do not exist and therefore have no voice. It thus falls to the state to speak for them in the form of statutes and judicial decisions, which represents a continuation of …


Reviving A Spirit Of Controversy: Roman Catholics And The Pursuit Of Religious Freedom In Early America, Nicholas Pellegrino May 2015

Reviving A Spirit Of Controversy: Roman Catholics And The Pursuit Of Religious Freedom In Early America, Nicholas Pellegrino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Few subjects in American history have elicited as much scholarly attention as religious freedom. Yet, no study has looked at the long tradition of Catholic dissent in America. That story has been limited to narrow articles and monographs on Maryland or Catholic history even though American Catholics have participated in discourses about religious liberty since the Lords Baltimore founded Maryland in 1632. Andrew White, Thomas Copely, and Charles Carroll the Settler advocated for Catholic rights in the seventeenth century. Peter Attwood, Joseph Beadnall, and Charles Carroll of Annapolis followed in their footsteps in the beginning of the eighteenth. By the …


The Untold History Of Nevada's Shield Statute, Matthew Travis Ward Dec 2014

The Untold History Of Nevada's Shield Statute, Matthew Travis Ward

UNLV Theses, Dissertations, Professional Papers, and Capstones

The history of American journalism is replete with anecdotes about news reporters enduring jail and other penalties to protect the identities of confidential sources of information. Since as early as the American Revolution journalists have often found themselves at odds with established authority. In the political cauldron of the late 1960s and early 1970s, U.S. government intrusion into the news gathering process was widespread. The notion the First Amendment protected journalists from revealing sources was invalidated by the Supreme Court's 1972 decision in Branzburg v. Hayes. Many states throughout the nation reacted by codifying a reporter's privilege. Nevada did so …


Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis Dec 2014

Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis

UNLV Theses, Dissertations, Professional Papers, and Capstones

Abstract

The recent tightening of military budget constraints has called into question the feasibility of costly multilateral naval intervention used to combat maritime piracy off the eastern coast of Africa. Though past studies agree that the transformation of the Somali economy and government is crucial for a long-term solution to piracy in this part of the world, short to medium-run solutions are needed to bridge the gap. Such solutions should be fiscally sensible and serve as effective deterrents, as well as be applicable in addressing the problem of piracy and maritime armed robbery in other parts of the globe.

In …


Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen Aug 2014

Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen

UNLV Theses, Dissertations, Professional Papers, and Capstones

An experiment was conducted to test the effects of evidence complexity and laboratory type on jurors' perceptions of forensic evidence. The study specifically focused on three types of labs: public labs, private labs, and "corporate labs." Public labs are managed by a federal, state, or local law enforcement agency, where evidence is usually analyzed internally at an agency. Private labs are those that have been formed as private businesses to provide services to federal, state, and local crime labs with overflow work. Corporate labs are managed by major retail corporations, and primarily service the needs of their store businesses, but …


An Efficient Standardized Method Of Maintaining Quality Assurance In Therapeutic Treatment Record Keeping, Kelsey Michael Bradshaw Aug 2014

An Efficient Standardized Method Of Maintaining Quality Assurance In Therapeutic Treatment Record Keeping, Kelsey Michael Bradshaw

UNLV Theses, Dissertations, Professional Papers, and Capstones

Quality assurance (QA) within the field of mental health is the practice of monitoring and reviewing services to ensure adherence to specified standards of care. Agents within State governments and various organizations influence record keeping procedures through ethical guidelines and law. For instance, client records must be maintained for all clients receiving mental health services, including informed consent, releases of information, treatment plans, and progress notes. Accurate and timely record keeping procedures assure quality mental health services. However, professionals sometimes err in the maintenance of client records, which can have a negative impact on services, clients, and practitioners. To assist …


Reducing Court-Related Stress Through Court Education: Examining Child Witnesses, Attorneys And Parents, Brittnie Turquoise Watkins Aug 2014

Reducing Court-Related Stress Through Court Education: Examining Child Witnesses, Attorneys And Parents, Brittnie Turquoise Watkins

UNLV Theses, Dissertations, Professional Papers, and Capstones

Court education presents a useful approach to addressing children's stress, anxiety or fear related to testifying. The current study uses a pretest-posttest design to evaluate whether Kids' Court School (KCS), a court education program in Clark County, Nevada, reduces court-related stress in child witnesses. In addition, attorneys' and parents' concerns related to various elements of the child's impending testimony, are evaluated. The measure used to assess stress was the Court-Related Stress Scale (CRSS), a 10-item Likert scale adapted from the Stressfulness of Life Scale. In addition, open-ended questions were posed at the time of posttest. The CRSS was administered to …


A Qualitative Study Of The Perceived Health Care Needs Of Undocumented Latino Day Laborers Living In Las Vegas, Nevada, Siboney Zelaya Aug 2014

A Qualitative Study Of The Perceived Health Care Needs Of Undocumented Latino Day Laborers Living In Las Vegas, Nevada, Siboney Zelaya

UNLV Theses, Dissertations, Professional Papers, and Capstones

Undocumented (unauthorized, illegal) immigrants seek employment on the street corners near home improvement stores offering their services and selling their labor to the employers who arrive in their cars or trucks to pick them up for a few hours of hard work. The number of undocumented immigrants in the United States continues to increase. By percentage of overall population, Nevada has one of the largest shares of undocumented immigrants in the United States, and the bulk of that percentage is Latino.

The purpose of this phenomenological qualitative research study is to gain knowledge about undocumented Latino day laborers' perceived health …


Slavery, Sacred Texts, And The Antebellum Confrontation With History, Jordan Tuttle Watkins May 2014

Slavery, Sacred Texts, And The Antebellum Confrontation With History, Jordan Tuttle Watkins

UNLV Theses, Dissertations, Professional Papers, and Capstones

In the first six decades of the nineteenth century, America's biblical and constitutional interpreters waged their hermeneutical battles on historical grounds. Biblical scholars across the antebellum religious spectrum, from orthodox Charles Hodge's Calvinism to heterodox Theodore Parker's Transcendentalism, began to emphasize contextual readings. This development, fueled by an exposure to German biblical criticism and its emphasis on historical exegesis, sparked debate about the pertinence of biblical texts and the permanence of their teachings. In the 1830s, the resurfacing slavery issue increased the urgency to explore the biblical past for answers, which exposed differences between ancient and American slavery. Some still …


"I Got Shot Five Times And I Got Crucified To The Media": Tupac Amaru Shakur -- Moral Panic, Media Crucifixion And Resurrection, Lucas Jerome Combs May 2014

"I Got Shot Five Times And I Got Crucified To The Media": Tupac Amaru Shakur -- Moral Panic, Media Crucifixion And Resurrection, Lucas Jerome Combs

UNLV Theses, Dissertations, Professional Papers, and Capstones

This thesis looks at why the media had and continues to have a fascination with the late rap artist Tupac Amaru Shakur. A content analysis of coverage from twelve newspaper publications was used to better understand the nature of the coverage on Shakur. Analysis of coverage after Shakur's death determines the tone of coverage varied from the coverage when the rapper was alive. The concept of moral panic explains media attitude.


A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili Dec 2013

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …


The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock Dec 2013

The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock

UNLV Theses, Dissertations, Professional Papers, and Capstones

Current law requires that juveniles be competent to stand trial prior to their involvement as defendants in court. According to Dusky v. US, a defendant must have a rational and factual understanding of the court proceedings to be deemed competent to stand trial. Past studies call into question whether juveniles at any age could meet the understanding element of the standard articulated in Dusky v. US (1960). Additionally, youth with disabilities have less knowledge than their typical peers. Besides a lack of legal knowledge, court related anxiety has also been found to have a significant effect on youths going to …


Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev Aug 2013

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …


Team Policing Revisited: A Quasi-Experimental Evaluation In Las Vegas, Nevada, Natalie Nicole Martinez May 2013

Team Policing Revisited: A Quasi-Experimental Evaluation In Las Vegas, Nevada, Natalie Nicole Martinez

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 1967, the President's Commission on Law Enforcement and Administration of Justice recommended team policing, which involves the decentralization of patrol officers and investigators to the same, defined geographical area, as a way to more effectively organize police officers and improve crime control. Despite initial enthusiasm from police officers and administrators, team policing quickly faded from use during the 1970s because its design was incompatible with the centralized model of policing prevalent at that time. However, the implementation of community-oriented policing, which promotes various organizational changes and the use of problem-focused strategies, has changed police departments in recent years and …


Driving Forces: Factors Affecting Police Officer Injuries In Motor Vehicle Incidents In The United States, Carol Servino May 2013

Driving Forces: Factors Affecting Police Officer Injuries In Motor Vehicle Incidents In The United States, Carol Servino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Traffic-related incidents were the leading cause of fatal injuries to officers in 14 of 15 years between 1997 and 2012. Vehicle crashes occur at the individual officer level, but chiefs are responsible for agency performance, creating and implementing police policy, and developing organizational culture. This quantitative survey research study draws from organizational culture theory and asks chiefs in state, county, and city police organizations what they believe are salient factors in crashes causing injuries and death to police officers in the United States. Independent variables include safety belt laws, written driving policies (including communication technology commonly used in police vehicles), …


Safety First -In Search Of Justice -School & Law Enforcement Agency Partnerships, Michael Anthony Pickett Dec 2012

Safety First -In Search Of Justice -School & Law Enforcement Agency Partnerships, Michael Anthony Pickett

UNLV Theses, Dissertations, Professional Papers, and Capstones

ABSTRACT

Educational problems are many and varied. At-risk students, achievement gaps and poor student outcomes are hot topics that beg for improvement in equity across the board and stand in the way of achieving excellence. These educative, albeit, social justice issues are not new, but rather, are old problems revisited (Kaestle, 1983; Morrison, 2003). Additionally, the issue of violence in schools is also recognized as not only a social justice problem but also a public health problem (Mercy & O'Carroll, 1988) and is perhaps the most pressing societal issue related to children and youth today. "Safe schools are the concern …


Impact Of The 2003 Illinois Gaming Tax Rate Increase On Marketing Spending And Cross-State Substitution, Mikael Bengt Ahlgren Dec 2012

Impact Of The 2003 Illinois Gaming Tax Rate Increase On Marketing Spending And Cross-State Substitution, Mikael Bengt Ahlgren

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this research was to investigate three potential consequences related to the 2003 Illinois Gaming Tax rate restructuring. The first section presents the assessment of whether a higher tax rate motivated an Illinois casino operator to reduce of marketing/promotional expenditures in an attempt to negatively influence revenues. The second establishes if the surrounding state gaming operators reacted to the increased Gaming Tax rate in Illinois, by raising their marketing spending. The last section clarifies whether the changes to the Illinois Gaming Tax Schedule impacted gaming volumes in the neighboring/competing states of Indiana, Iowa, and Missouri.

The analysis relied …


The Internet Gaming Industry For Newbies, Cory Nebel Oct 2012

The Internet Gaming Industry For Newbies, Cory Nebel

UNLV Theses, Dissertations, Professional Papers, and Capstones

The United States internet gaming industry is one which, while many people are aware of its existence, very few fully understand. There remains a tremendous amount of confusion amongst the American public regarding whether or not gambling online in the U.S. is a legal activity. While most would claim to have heard reports that U.S. internet gambling is against the law, just as many people are able to quickly reference both friends and family who regularly gamble online. Through the use of secondary research, this paper will explore a wide range of pre-existing literature on both the internet gaming industry …


The Effect Of Casino Tax Policy On Short-Run Gaming Development, Kahlil Philander Aug 2012

The Effect Of Casino Tax Policy On Short-Run Gaming Development, Kahlil Philander

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the effect of casino tax rate structure on investment by casino operators. Using a panel data set consisting of all states with legal commercial casino gambling from 1998 to 2009, a fixed-effect model with two-stage least squares is estimated to examine the effect of gambling taxes on firms' short-run behavior. The study finds that maximum casino tax rates decrease casino employment, with an estimated average elasticity of -0.5. This result is noted to be robust to several different model specifications and data subsets. No robust relationship is found between maximum tax rates and casino wages. No significant …


Statistical Analysis Of A Vehicle Miles Travled Fee For Nevada, Andrew Nordland Aug 2012

Statistical Analysis Of A Vehicle Miles Travled Fee For Nevada, Andrew Nordland

UNLV Theses, Dissertations, Professional Papers, and Capstones

Increases in the number of electric, hybrid-electric, and other alternative fuel vehicles, combined with increasing vehicle fuel efficiency present problems with the ability of the fuel tax to collect sufficient revenue. A Vehicle Miles Traveled (VMT) Fee is being considered as an option to replace the existing fuel tax for the collection of revenue for road maintenance, reconstruction and expansion. This study provides an analysis about costs, preference of a potential billing cycle, level of comfort with a mileage collection device, potential changes in transit use, and the effectiveness of a VMT Fee for Nevada. Multinomial logit models are developed …