Law Commons^™

War, Decisions, И Деньги: Analyzing Private Military Companies In American And Russian Contexts, Tara Harper

University Honors Theses

Private Military Companies (PMCs) have become increasingly prevalent throughout the global security landscape. Their rise has led war - and the tools state's use to wage it - to become increasingly privatized with each state's varied approach to the evolving security landscape. Understanding and comparing the role of PMCs in such states as the U.S. and Russia allows for greater clarity regarding the industry as a whole, due to the structural differences in each state's approach to utilizing these companies. Regarding the Russian context, such companies as the Wagner Group have increasingly gained global attention due to how they are …

The Integration Between Housing And Transportation In Contemporary City And Regional Planning: Transit-Oriented Development For The San Luis Obispo Station, Aidan Zachary Clark, Keigo Justin Yamamoto, Owen Deane Troy

City and Regional Planning

This transit-oriented development will help mitigate the housing crisis in California starting with San Luis Obispo at the local level by developing housing for all demographics. The project will be beneficial towards increasing the livability and connectivity of current residents, commuters, and visitors of the San Luis Obispo region. The project will also activate the spaces by providing a walkway and commercial development for people that were previously not present. The proposed development is projected to activate the area, with new amenities, while promoting the site’s existing uses; The existing cafe and restaurant within the project site will not be …

Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed

Theses and Dissertations

The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …

الأحكام القانونية للمُصاب باضطراب طيف التوحد, مريم محمد علي

Theses

According to the latest statistics, 1% of the world population has been diagnosed with autism spectrum disorder in its various levels. The one percent of the world population counts in millions; hence, this segment of society deserves the legislator's attention to ensure fair treatment. Therefore, this study will shed light on whether the Emirati Legislator have fairly regulated the financial transactions of people with autism, by examining the relevant regulations and laws in the United Arab Emirates and in comparison, with the principles of Sharia'a. Accordingly, this study is divided into two main chapters. The first chapter defines autism in …

جرائم المنافسة غير المشروعة والاحتكار في القانون الإماراتي, أحمد حسن الهاشمي

Theses

Unfair Competition and Monopoly in the UAE Penal Code

This study dealt with unfair competition and monopoly in the UAE penal code. The study was divided into an introduction and three sections. The first section dealt with the nature of competition and monopoly and their types, the second section dealt with the elements of the crime of unfair competition, and the third section dealt with the penalties prescribed for the crimes of competition law and monopoly prevention. The study concluded with the most important findings and recommendations. One of the most important results is that it was noted that the …

الطرق الإدارية للفصل في المنازعات الضريبية في دولة الإمارات العربية المتحدة, محمد أحمد الشقفه

Theses

This thesis studies and analyses administrative methods for settling tax disputes in the UAE as set in the newly issued Federal Law No. 28 for year 2022 regarding tax procedures, which will take effect on June 2, 2023, as this new Federal Law includes new administrative tax dispute settlement channels.
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/="/">Additionally, this study explores the methods through which UAE’s procedural tax legislations handled the most complicated issue that most procedural tax legislators usually encounter, which is balancing between fair tax assessments and speedy tax collection procedures. Making such balance requires robust regulation of administrative methods to settle tax …

Examining The Role Of Evidence-Based Suspicion In Racial Disparities In Wrongful Convictions, Jacqueline Katzman

Dissertations, Theses, and Capstone Projects

There are clear racial disparities in the rates of wrongful convictions, with Black exonerees disproportionately represented among the population of those exonerated, in DNA and non-DNA exonerations alike (National Registry of Exonerations, 2022; Innocence Project, 2022). This racial disparity also exists for those exonerees who were wrongfully convicted, at least in part, because an eyewitness mistakenly identified them. For decades, when eyewitness scholars explored racial bias, they focused on the cross-race effect or own-race bias among eyewitnesses, a bias positing that witness performance suffers when a witness is asked to make an identification of a cross-race face (Lee & Penrod, …

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

But Is It Material? A Case Study Evaluating Climate Risk’S Place In Financial Disclosures, Matilda Lindberg

Student Theses and Dissertations

The year of 2022 highlighted the importance of understanding how Environment, Social, and Governance (hereafter, ESG) factors impact investors. By the end of 2021, 37.8 trillion USD had been invested in ESG funds, a number expected to grow to $53 trillion by the end of 2025. Despite this bullish projection, controversy has grown about the “materiality” of ESG factors, especially climate risks, as defined by the Securities and Exchange Commission (hereafter, SEC). On March 21, 2022, the SEC proposed rules to enhance the standardization of climate- related disclosures (hereafter The Proposal) to promote consistent, comparable, and reliable information for investors …

The Effect Of Information On Blame Attributed To Four Entities In A Police Shooting, Pauline Meyer

Student Theses and Dissertations

Police shootings continue to negatively impact the public perception of police. When it comes to attributing blame in a police shooting, both internal and external factors affect how much blame a person places on the entities involved. One hundred and twenty Arkansas State undergraduate students enrolled in a psychology or criminology course were randomly assigned to one of the three type of information groups: the episodic, thematic-pattern of violence (TPV), or the thematic-police reform (TPR) group, and then read about the Stephon Clark shooting in 2018. Participants attributed blame scores to the four entities involved: Stephon Clark, the police chief, …

Moral Panics And Politicians Who Create Them: A Comparative Historical Analysis Of The Crack-Cocaine And Methamphetamine Epidemics In The United States, Sasha Nicole Burdsal

Student Theses and Dissertations

This study compares two widely known drug epidemics: the crack-cocaine epidemic and the methamphetamine epidemic that has shifted our criminal justice system and societies within the last 40 years. The research is conducted utilizing a qualitative content analysis, with a concentration on the rhetoric of politicians who create a moral panic around any specific drug when beneficial to them. Racial disparity demonstrated through inconsistent sentencing and mistreatment of individuals is investigated, along with the militarization of police as ordered by government officials. The War on Drugs – a war that can never be won – is thoroughly reviewed to elucidate …

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …

A Critical-Inclusive Approach To Instructing On Genocide Education In The United States: Delivering An Equally Critical And Inclusive Approach To Professional Development, Cassidy S. Ernst

Master's Projects and Capstones

This paper presents a new approach to teaching the preconditions for genocide. Bringing together a number of theoretical insights from recent research, it focuses on the pedagogical value of a critical inclusive approach to genocide education. Such an approach incorporates persecuted groups commonly excluded from educational narratives, such as the experiences of homosexuals during the Holocaust. It also places genocide education within a wider framework focused on prevention and advocacy. Through utilizing a critical-inclusive approach to genocide education in the classroom, youth will be equipped with a stronger conception of genocide, genocidal ideologies, and measures that can be taken to …

An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane

Student Theses

In this study, we were interested in investigating if the Betaface facial analysis program reliably predicts eyewitness lineup choosing behavior. If face analysis programs are as good or better than human judgements, using them could be a reliably more efficient, reproducible, and equitable basis for choosing fillers and evaluating lineup fairness. We collected 27 datasets from eyewitness researchers and analyzed them to produce Betaface similarity values, which measured the similarity between all the photos in each array. We compared these Betaface data to the identification data from the original studies. Our analysis of the arrays via Betaface yielded data with …

Special Education: Inclusion And Exclusion In The K-12 U.S. Educational System, Erik Brault

Dissertations

The U.S. Department of Education defines students with disabilities as those having a physical or mental impairment that substantially limits one or more life activities. Previous research has found that students with disabilities placed in inclusive environments perform better academically and socially compared to students with disabilities who are placed in segregated environments. Yet, we know that inclusion in K-12 general education classrooms across the country is not consistently implemented.

The purpose of this study was to better understand the effects, if any, of general education high school teachers’ personal and professional experiences and knowledge on their attitudes toward educating …

Creating Systemic Support: Cross-Sector Partnerships As A Catalyst To Institutional Transformation For Southeast Asian Student Support, Brianna Lourdes Edoria Pascua

Master's Projects and Capstones

This paper investigates the potential impact of cross-sector partnerships between nonprofit organizations (NPOs) and universities on the educational attainment of Southeast Asian American (SEAA) students, particularly those from disenfranchised or nontraditional backgrounds. Guided by the research question, "Can cross-sector partnerships between NPOs and universities contribute to increased educational attainment among SEAA students?", the study seeks to comprehensively explore SEAA student experiences, challenge the Model Minority Stereotype, enrich SEAA higher educational achievement literature, underline the significance of disaggregated data and cross-sector collaborations, and create an adaptable framework for other communities. By adopting an Asian Critical Race Theory (AsianCrit) lens, the research …

The Unitary Executive Theory: Benefits And Dangers, Dani Heba

Student Theses and Dissertations

This paper examines the unitary executive theory's growth and implications for the modern presidency.

The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine, Luana M. Denegre

Undergraduate Honors Theses

This thesis seeks to outline ways to enforce international law more effectively. Through the analysis of the current international legal framework and the different mechanisms created to enforce international law, it identifies why they are insufficient to enforce international law effectively, and it gives recommendations to ameliorate the way international law is currently enforced. This research focuses on the ongoing war in Ukraine as a case study, and provides specific examples of ways international law was grossly violated by Russia, a U.N. permanent Security Council member, in order to identify patterns in the non-enforcement of international law. To bridge the …

Political Economy Of General Normative Force In The Paris Agreement, Jonah B. Jellesed

Master's Theses

The Paris Agreement revolutionizes international cooperation in addressing the urgent threat of climate change. However, its status as an emerging system of global climate governance remains largely unexplored. Drawing on HLA Hart's legal theory, we apply a straightforward test to determine its significance, revealing the Paris Agreement as evidence of a new international legal order. This has far-reaching implications, particularly in the realm of political economy. Unlike previous analyses that merely consider whether a state is a signatory to the agreement or not, our innovative approach delves deeper into countries' commitment. Our analysis shows high compliance levels among populations in …

The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar

Master's Theses

Under this recommendation, minors would be interviewed by qualified officers at resettlement agencies in their home countries to assess credible fear, those deemed eligible but lacking an eligible relative would be referred for a private sponsorship pathway. Sponsors would be vetted and qualified using protocols currently in place by the Welcome Corps and Refugee Foster Care. Ideally, the Office of Refugee Resettlement (ORR) would coordinate between the private sponsors and overseas resettlement agencies, given they already do the work of vetting eligible sponsors for minors. ORR could create a program staffed with qualified individuals to coordinate this program or provide …

Giving Birth To A Stateless Citizen: Gendered Citizenship Laws In International Human Rights., Serena Nader

Master's Theses

Citizenship rights are gendered in over 50 countries worldwide. Gendered citizenship laws limit how citizenship is granted to spouses of citizens, or how citizenship is passed from parent to child. These laws often discriminate against women or minority groups and have the potential to violate a number of human rights. Based on three specific characteristics, gendered citizenship laws have maintained social order and reinforced by incorrect internalization processes. Accordingly Gendered citizenship laws negatively impact the recognition of the international human rights of citizens, remarkably when systems are culturally patriarchal, when religion overshadows basic human rights, and when internalization processes are …

Education As A Source Of Hope: An Examination Of Teacher Beliefs And The Lack Of Support For Children With Chronic Health Conditions, Marissa Schow

Education | Master's Theses

As survival rates increase, more children with chronic health conditions are returning to K-12 classrooms after receiving medical treatments. Research has shown that many teachers believe that students with chronic health conditions should not have to worry about school while they are going through treatment (Irwin & Elam, 2011; Legislative Alliance for Students with Health Conditions, 2017). Research also suggests that many schools are violating the Every Student Succeeds Act of 2015 by withdrawing students from the district due to chronic absenteeism (Eaton, 2012; Wilkie, 2012). The purpose of this mixed methods study was to explore and examine the ways …

From Instability To Civil Liberties: Nonviolent Resistance In Afghanistan, Rachel L. Knowles

Master's Theses

When people have a fundamental issue at stake, giving in is not an option. For these types of conflict, when people’s rights are being violated, when their countries are occupied, or when they are oppressed and humiliated, they need a powerful way to persist and fight back. Oftentimes when people are left with no choice they will use the terrible and destructive nature of violence. For decades nonviolent resistance (NVR) movements have been associated with Gandhi and Martin Luther King, but people have been using nonviolent action for years. In fact, NVR has been a part of political life for …

The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux

Senior Honors Papers / Undergraduate Theses

The US public defense system is underfunded, understaffed, and underdelivering on the Constitutional promises of the 6^th Amendment, the right to a fair and speedy trial. This state of our public defense system results in monstrous impacts for indigent defendants nationwide. Through indefinite delays in litigation, being abandoned in jail while sitting on waiting lists for public defenders, and being outright denied representation, indigent defendants are deprived of their rights. Beyond just defendant neglect, our current system puts immense strain on public defenders, prosecutors, and state budgets. In an attempt to combat this current state of affairs, this paper …

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 …

It Is What It Is... Enduring The Never-Ending: The Lived Experiences Of Parenting Adult Children With Developmental/Intellectual Disabilities, Siri Gurunam Kaur Khalsa

Nursing ETDs

The parental home is the principal place of residence for adults with developmental disabilities/ intellectual disabilities (DD/ID) (Heller et al., 2007). More than 75% of the adult population with DD/ID living in the U.S. continue to have their basic needs provided by their parents (Williamson & Perkins, 2014). This is based on the estimated statistic that 1.0 to 1.58% of the U.S. adult population has a developmental disability (Anderson et al., 2019; Fox et al., 2015). About 2.9 million adults with DD/ID live with a parent of 55 years (Byun et al., 2006), with more than 25% of these parents …

The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis

Electronic Theses & Dissertations

This study serves as an analysis of the connections between Abraham Lincoln as President of the United States and John Charles Frémont as a Civil War general. Lincoln’s position within history is solid, unlike that of John C. Frémont. The thesis will elevate Frémont to a higher status as a historical figure by arguing that the emancipation edict that he issued for Missouri in August of 1861 would influence Abraham Lincoln’s preliminary emancipation proclamation of September 1862, even though Lincoln repealed Frémont’s decree. In biographies of each man, their interactions are merely a small part of the stories of their …

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 …

Child Soldiers & Juveniles In Gangs: Opposite Sides Of The Same Coin With Dissimilar Legal Liabilities In International And American Constitutional Law, Jason Blevins

Master's Theses

No abstract provided.