Law Commons^™

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 …

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 …

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 …

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.

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 …

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 …

Lawyers That (Say They) Listen: An Exploratory Study Into Law Firms With Listening Specific Branding, Kacey Henriques

Honors Theses

The following investigation attempts to explore the communication dynamics between law firms and their clients. As shown in this research, clients tend to make note of poor communication skills, specifically listening skills, when they interact with attorneys. In an attempt to appeal to clients who have had negative interactions in respect to listening, several law firms across the country are utilizing branding that stresses their strengths in listening (what I term listening specific branding). In the investigation to come, three law firms are analyzed that utilize this type of branding. Additionally, three law firms that specialize in similar areas of …

Next Steps: Arkansas's Journey In The Fight Against Sex Trafficking, Maddie Bailey

Honors Theses

While the term “human trafficking” has often been accompanied by the belief that it is another country’s problem, human trafficking happens in all 50 states, even here in Arkansas. Great progress has been made, but there is still a long way to go in the process of eradicating trafficking in our state. Using research from Shared Hope International, the JuST Conference, national databases, and more, this thesis addresses specific areas that Arkansas can improve in their Next Steps toward ending trafficking.

The Dream Of The Common Good: Not A Nightmare, Jackson Gregory Dellinger

Honors Theses

This paper examines an emerging position in the philosophy of law, common-good constitutionalism. In the first two parts of the paper, I explain the position and constitutionalism more generally, examining how common-good constitutionalism fits within the definition of constitutionalism providing by a neutral scholar. In the next five parts, I attempt to show that common-good constitutionalism’s preference for explicit adherence to the common good does not violate constitutionalism. In doing so, I provide an examination of common-good constitutionalism’s relationship with three important constitutional principles and the separability of common-good constitutionalism as a whole and the infamous views of its most …

Education, Income, Racial Composition, And Urbanization: An Examination Of Factors That Affect Intervention Court Participation And Drug-Related Arrests In Mississippi, Will Hengehold

Honors Theses

This paper serves as an evaluation of Mississippi Intervention Courts and attempts to determine the effectiveness and use of those courts. The regressions in this paper attempt to show how the use of intervention courts and demographic characteristics of Mississippi District Circuit Courts affect the number of drug-related arrests in Mississippi, how the number of drug-related arrests and demographic characteristics of Mississippi district circuit courts areas affects intervention court use and intervention court participation rates in Mississippi, and how demographic characteristics affected the delay in the adoption of intervention courts by Mississippi District Circuit Courts. Demographic characteristic variables used include …

The Legality Of The European Union’S Carbon Border Adjustment Mechanism And The Limitations Of World Trade Organization Rules On Effective Climate Action, Delaney Smith

Honors Theses

In July 2021, the European Union proposed the creation of a carbon border adjustment mechanism, a trade mechanism that would levy a carbon price against imported goods. This mechanism, the first of its kind, has the potential to address weaknesses in the EU’s existing domestic cap and trade system and create a financial incentive for other nations to reduce their carbon emissions. However, legal experts have raised concerns that this mechanism may violate the rules of the World Trade Organization. If another member state raises a complaint against the measure, the European Union will be forced to navigate the World …

Court Legitimacy & The Shadow Docket, Colton Tilley

Honors Theses

No abstract provided.