Law Commons^™

Recommendations For Sustainable Tourism In Patagonia: An Exploratory Analysis Of Sustainable Tourism In Costa Rica, The Nordic Region, And Thailand’S Communities, Julia K. Lowery

Undergraduate Honors Theses

This thesis explores different levels of governance and its role towards actualizing sustainable tourism in Patagonia. With the growing threat of climate change, international destinations such as Patagonia are looking to continue building their tourism industries in a sustainable way. Through analyzing case studies of national governance in Costa Rica, multi-national governance in the Nordic region, and community-based tourism in Thailand, we can better understand how each form of governance has the potential to create a sustainable tourism industry. With this understanding of successful governance in my case studies, as well as understanding the historical and political forces that have …

Safety Valves: A Band-Aid Solution To The Ills Of Mandatory Minimums?, Venus Sayed

LLM Theses

This work examines the Supreme Court of Canada’s statutory safety valve proposal in the case of R. v. Lloyd as a solution to the problems presented by mandatory minimum sentences. The thesis develops a safety valve matrix which allows various valves to be plotted along broad-narrow and high-low discretion matrices. Following a review of the development of exemptions in Canadian jurisprudence, the paper then takes a comparative approach of analysis to look at three similarly placed jurisdictions – Australia, the United States and the United Kingdom. By examining the statutory safety valves in use in these jurisdictions, this work concludes …

The Old People Are The Song, And We Are Their Echo: Resurgence Of W̱ Sáneć Law And Legal Theory, Robert Justin Clifford

PhD Dissertations

This dissertation attends to pressing questions of strategy and tactics in relation to Indigenous law revitalization in the context of the climate crisis. Grounded in my own W̱SÁNEĆ legal order, I provide an accounting of the context in which the resurgence of W̱SÁNEĆ law is occurring, and clarity regarding what we hope to accomplish with the revitalization of W̱SÁNEĆ (and more broadly, Indigenous) law, both locally and in response to global climate crisis. Doing so prompts questioning of the very foundations of Canadian constitutionalism, and indeed, our most basic ideologies and conceptualizations of our place and relationships within the world. …

Regulating The Corporation From Within And Without: Corporate Governance And Workers’ Interests, Vanisha Hemwatie Sukdeo

PhD Dissertations

This dissertation critically explores how the increased legal regulation and governance of corporations can be used to help improve the interests of workers in global supply chains. Chapter one outlines the introduction and provides background information. Chapter two is the literature review. Chapter three examines the expansion of fiduciary duties and changes to corporate governance, including Benefit Corporations, and how expanded fiduciary duties can be used to increase the interests1 of workers. Chapter four contains a case study of the Rana Plaza disaster to demonstrate how governance models can be used to help increase working conditions in Bangladesh and other …

A Critical Approach To The Regulation Of A Public Corporation's Purchase Of Its Own Shares On The Open Market: Lessons From The Transatlantic Comparison, Alper Cohaz

PhD Dissertations

Open market repurchases (OMRs)—by far the most common form of share repurchases—have reached record levels following the dramatic increase in number since the adoption of the safe harbor rule in the US. This dramatic increase has been largely attributed to purported benefits of OMRs that matter especially within the Anglo-American economic and corporate model. However, these benefits fail to fully explain such increase. This failure suggests that illegitimate purposes, which could easily be concealed beneath purported benefits, might have also contributed to the increase in the number of OMRs and resulted in their excessive use. This suggestion is supported by …

Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro

LLM Theses

This thesis explores how digital feminist activism sparked, using as a case study #YoTeCreo movement in Venezuela. Using the FemMesh to connect feminists knowledges, nodes and entanglements together with a transnationalized intersectionality, I discuss how this digital activism occurred locally. As this topic is novel and this thesis is exploratory, I combine the theoretical framework mentioned before together with feminist qualitative methodology by interviewing the leaders of #YoTeCreo and answer my research question. I concluded that the spark of #YoTeCreo in Venezuela is a combination of different factors and it is not a transplantation of the #MeToo movement from North …

Law And Indigenous Religion: Theorizing A Complex Relationship, Kristen Elizabeth Lewis

LLM Theses

This thesis asks what preconditions are necessary to think the relation between law and Indigenous religion without marginalizing perspectives, such as those germane to Indigenous religion, that fall outside law’s frame (often figured, erroneously, as ‘objective’ and ‘neutral’). The research grounds itself in the only Supreme Court of Canada case that, to date, has involved Indigenous religious freedoms and s. 2(a) of the Canadian Charter of Rights and Freedoms (Ktunaxa Nation v British Columbia 2017 SCC) and in the very few lower court decisions that have followed in its not-unproblematic wake. Inspired by several currents of both Indigenous thought and …

Wage Theft In Construction Is The Greatest Form Of Theft And We Do Nothing About It, Alexandra B. O'Connor

Capstones

I looked at the construction industry in New York City and state to analyze the prevalence of wage theft. The unaccounted and accounted for wage theft in the industry directly correlates with its low-wage and immigrant workforce.

Anti-Human Trafficking Training For Law Enforcement: An Assessment Of Practice In A Southern State, Patricia Ann Southerland

Dissertations

Human trafficking, a crime hidden in plain sight, does not answer to civility or the inherent human rights established within societal norms. While several factors influence this heinous crime, the absence of training and the incorporation of best practices among law enforcement personnel impairs the proper identification of victims, as well as the arrest and prosecution of facilitators, traffickers, and buyers (Clawson, Dutch, & Cummings, 2006; Dandurand, 2017; Darwinkel, Powell, & Tidmarsh, 2013; Davy, 2016; Efrat, 2015; Farrell, 2014; Farrell, McDevitt, Fahy, 2010; Farrell, McDevitt, Pfeffer, Fahy, Owens, Dank, & Adams, 2012; Farrell & Pfeffer, 2014, Grubb & Bennet, 2012; …

Understanding The Failure Of Police Reform In Nigeria: A Case For Legal History Through Literature, Olaoluwa Folasade Oni

LLM Theses

On the 21st of October 2020, the world woke to images and video clips of the bloodied, broken bodies of Nigerians shared across social and traditional media. The night before, young Nigerians protesting police brutality were met with a government-sanctioned, combined police and military onslaught; Nigerias decades-long struggle with police dysfunction was brought to a head with the massacre of its citizens at the Lekki toll gate on the evening of October 20, 2020. This work problematizes the cycle of attempts at, and ultimate failure of, police reform in Nigeria. I argue that the colonial nature of policing is retained …

Shakespeare And The Supreme Court: How The Justices Reveal Their Ideologies By Referencing His Works, Rachel Anderson

Honors Projects

The works of William Shakespeare have been referenced many times throughout history, even by Supreme Court justices. Building off of an observation of a mock trial by James Shapiro, this project puts the utilization of Shakespeare from three Court opinions in relation to its context within the play and the opinion to examine what the reference reveals about the authoring justices' ideology. In doing so, this project concludes that the justices utilize Shakespeare's works in their opinions for various reasons, including to infuse their beliefs into their argument. This implies that Supreme Court justices do not base their opinions on …

Agenda Setting And Europe's Common Immigration Policy, Jamie P. Surface

Dissertations and Theses

For over a decade the European Union has been immersed in an immigration crisis. As the desired destination for millions of people fleeing unrest in the Middle East and war in Ukraine, the EU has developed its own social, political, and humanitarian crisis. Lacking policy commonality across its member states on how to accept and manage the mass waves of migrants, the EU continues to struggle with implementing a common immigration policy. This research examines EU immigration issues, policies, and the failures of successful collaboration stymying the implementation of a standard immigration policy. Using the agenda setting model of John …

Let It Burn: A Case Study On The Risk Management Practices Of Burning Man Project, Ethan S. De La Torre

Experience Industry Management

Risk management can be defined as a decision-making process of planning, identifying, analyzing, developing a response for, and controlling potential risks with the goal of minimizing the negative impacts of those risks. Risk management is an essential practice for all events, especially large-scale, live entertainment events. The purpose of this study was to examine the risk management practices for Burning Man. The instrument utilized in this study was a best practices guide developed by the researcher. Data were collected prior to, during, and following Burning Man 2022: Waking Dreams. Sources of data include printed material and online sources published by …

Foreign Judgments And Foreign Arbitral Awards Enforceability As A Factor And A Guarantee For Foreign Investments: The Case Of Saudi Arabia, Mohammed Rashed Mohammed Arhama Alshamsi

Maurer Theses and Dissertations

Foreign investments are considered an efficient and effective instrument to diversify and strengthen the economy; foreign investors generally need guarantees before entering a new market. One of these guarantees is a stable, transparent, predictable legal and judicial system. Such a system must be open to foreign laws and judgments as well as foreign arbitral awards, and it must also be flexible to increase foreign investments. Saudi Arabia has tried since the 50s’ to be more attractive to foreign investors and investments by enacting legislation and creating a modern court system to diversify their economy. However, the discretion of Saudi judges …

An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.

Mindset Theory Relates To Attitudes About Prison And Parole Among College Students, Cassandra R. Petersen

Theses/Capstones/Creative Projects

The maintenance of prosocial relationships has been strongly connected to criminal desistance among past offenders. The opinions held by the community shape the prejudice often encountered by those with a criminal record. To promote desistance, we must understand how criminals and their abilities are considered by the public. In this study, 69 college students were surveyed about the United States prison and parole system in conjunction with Dweck’s mindset theory. Along with explicit questions, an Implicit Associations Test (IAT) was employed to measure unconscious associations between mentality and punishment preference. The IAT revealed that traits of a growth mindset were …

Understanding Racial Disparate Treatment Of Juvenile Interpersonal Violent Offenders In The Juvenile Justice System Using Focal Concerns Theory., Suzanne Overstreet

Electronic Theses and Dissertations

Disproportionate minority contact (DMC) is a salient issue that has been found at every stage of the decision-making process in the juvenile justice system (Hawkins & Kempf-Leonard, 2005; Kempf-Leonard, 2007; Bishop, 2005; Leiber, Bishop, & Chamlin, 2010; Leiber & Stairs, 1999). Existing research indicates that DMC influences adjudication for drug, property, and personal crimes (Fergusson, Horwood, & Swain-Campbell, 2003; Frazier, Bishop, & Henretta, 1992; Leiber & Jamieson, 1995; Leiber & Mack, 2003; Hawkins & Kempf-Leonard, 2005; Leiber, 2015). Because intimate partner violence (IPV) is a major public health problem and global concern (Djamba & Kimuna, 2008; Goo & Harlow, 2012; …

Intersectionality Pertaining To The Disproportionate Rates Of Black Women In Prisons And Jails, Mackenzie Heller

University Honors Theses

The incarceration rates of Black women in America surpass even all other demographics. Yet, Black women are often not on the news when discussing prison rates in the United States. Rather we see Black men, Hispanic men, and so forth. While these people do make up large portions of the prison system they are seeing a decline in their incarceration rates. Black women are often pushed to the sidelines when discussing matters that can be seen as central to their livelihoods.

This thesis addresses the intersectionality that only Black women experience and how that affects their imprisonment rates and experiences …

The Merit Of Inclusion: A Policy Review Examining The Convergence Of Special Education And Inclusions Policies With Compensatory Medicaid Policies In The Wake Of The Covid-19 Pandemic, Corbyn Baggett

Capstone Experience: Master of Public Health

On March 11, 2020, the World Health Organization (WHO) formally recognized the novel coronavirus (COVID-19) outbreak as a global pandemic. This global issue compelled governments to announce careful virus containing policies in order to prevent further spread and control of the disease. Although it has been proven that measures like social isolation could aid in scaling the spread of illness, the resulting extended school closures that occurred in response to an increased number of COVID-19 outbreaks posed significant challenges for all students, but especially those students with special needs. The unpredictable nature of COVID-19 at the outset of the pandemic …

How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster

Capstone Projects and Master's Theses

This paper will explain how sample clearance has impacted hip-hop music-making. It will explain what a sample is and show the historical significance of sampling in hip-hop. I will briefly discuss the basics of copyright and the process of clearing a sample. This paper will also look into legal cases of copyright infringement to show the impact of specific cases and analyze data to determine if the amount of sample clearance has changed because of the decisions of the courts. The main goal of this paper is to highlight the significance of sampling in hip-hop, the inherent challenges of legally …

Mental Illness Labeling In Justice-Involved People, Elena Therese Vaudreuil

Open Access Theses & Dissertations

While it cannot be denied that there is a strong correlational relationship between justice-involvement and mental illness, research has demonstrated that severe mental illness is rarely the direct cause of criminal activity. However, stigmatizing attitudes towards people with mental illness are often rooted in incorrect generalizations regarding the link between mental illness and unpredictable, dangerous behavior, which can be magnified by labels (e.g., "schizophrenic" or "criminal"). This reduction of a person to a label results in a number of negative outcomes, ranging from the prejudice and inequitable treatment one may experience from groups such as justice workers, police, and employers …

Campos Seguros In Santa Cruz County, Patricia Barajas Villasenor

Capstone Projects and Master's Theses

Monarch Services is a non-profit organization within Santa Cruz county. The agency provides services for domestic violence, sexual assault, and human trafficking. Campos Seguros focuses on providing resources and advocacy to vulnerable populations, specifically Campesinos (farmworkers). Violence and abuse perpetrated against farm workers is an issue that demands more public attention and advocacy. Campesinos are highly vulnerable because of different contributing factors, these include immigration status, work uncertainty, and language barriers. Consequences include trauma, lack of reporting, and vulnerability to labor trafficking. Sexual abuse is highly prevalent within the agricultural realm; many employers can take advantage of Campesino’s vulnerable position. …

Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw

Student Theses

The present research explores whether inducing empathy in death-qualified mock jurors leads to fewer death sentences in a penalty phase trial. Previous research has shown that inducing empathy in jurors leads to lesser sentences and perceived responsibility of the perpetrator for the crime. However, none of this research has examined death penalty cases, and most have focused on instances where the victim was also the perpetrator of a separate crime against the defendant (e.g., abuse). Extending this line of research, the present study examines whether these results extend to instances where the perpetrator and victim are strangers. Additionally, considering the …

Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters

Student Theses

Approximately 90% of justice-involved youth have experienced some form of trauma by the time they become involved in the justice system, and attorneys report being negatively impacted by their work with trauma-exposed populations generally. Yet, research has not focused on how varying degrees of youth trauma can impact attorney decisions and if that differs based on youth race. This study, therefore, explored vicarious trauma and its impact on juvenile defense attorneys, including how an attorney’s experience of vicarious trauma impacts case handling and perception of their youth client and how that differs based on client race and trauma history. We …

Perception Of Police And The Mediation Of Memory Distortion Via Trauma: Body Worn Camera Footage Of An Emotional Police-Citizen Encounter, Arlyn Abreu

Student Theses

This present study calls to question the objectivity of police body-worn camera (BWC) footage. Proponents assume that BWCs will be a panacea in a climate of heightened tensions between officers and communities. In spite of this, our findings challenge the rhetoric, and the purpose BWC is intended to serve. We explored its implications on memory distortion by posing two questions (a) can people come to remember BWC footage as more traumatic than they initially experienced (b) to what degree can external information and internal influences impact peoples' judgment about a traumatic event. We addressed both questions in this two-part study, …

Non-Compete Agreements In Kansas & Missouri, Benjamin P. Wietharn

Law Student Works

This legal research guide is not legal advice. It is a guide to researching the issue of noncompete agreements or covenants not to compete in the states of Kansas and Missouri. It was created by a law student in an advance legal research class. It is intended for attorneys or law students. The guide includes an outline of legal research resources (with descriptions) for time sensitive research, primary sources and secondary sources.

Digitizing The Fourth Amendment: Privacy In The Age Of Big Data Policing, Charles E. Volkwein

Privacy Certificate Student Publications

Today’s availability of massive data sets, inexpensive data storage, and sophisticated analytical software has transformed the capabilities of law enforcement and created new forms of “Big Data Policing.” While Big Data Policing may improve the administration of public safety, these methods endanger constitutional protections against warrantless searches and seizures. This Article explores the Fourth Amendment consequences of Big Data Policing in three parts. First, it provides an overview of Fourth Amendment jurisprudence and its evolution in light of new policing technologies. Next, the Article reviews the concept of “Big Data” and examines three forms of Big Data Policing: Predictive Policing …

Science, Technology, Engineering, And Mathematics (Stem) Project-Based Learning (Pbl) Education: A New Mexico Case Study For Equity And Inclusion, Kimberly A. Scheerer

Teacher Education, Educational Leadership & Policy ETDs

This research addresses how student participation in Science, Technology, Engineering, and Mathematics (STEM) project-based learning (PBL) education activities encourages underrepresented minority student achievement in STEM career field trajectories. Seven New Mexico high school counselors and 12 STEM organization personnel were interviewed during this study. Their responses represent the nuanced professional voices where New Mexico public education intersects with STEM student interest and cultural influence.

For students, STEM PBL can foster deep integration across educational disciplines and enhance STEM career trajectory interest and readiness. STEM education converged with PBL methodologies has the ability to leverage community support while broadening student networks. …

حمایة حقوق الملكیة الفكریة بنظام السجل الرقمي (البلوكتشین), حصة محمد الكعبي

Theses

Protection of Intellectual Property Rights through the Digital Recording System (Blockchain)

The digital ledger system (Blockchain) appeared in 2008 by the Japanese programmer Satoshi Nakamoto, and his innovation came to ensure the circulation of the digital currency Bitcoin. The digital system (blockchain) has been likened to a digital record; In which information is stored and documented in an elaborate manner that is difficult to penetrate.

The UAE government has adopted the technology of digital transactions (Blockchain) in executing government transactions. To achieve the desired results, the country launched the UAE Digital Transactions Strategy 2021 and the Dubai Digital Transactions Strategy. …

الصلح الجزائي كبدیل للدعوى الجزائیة (دراسة مقارنة بین القانون الإماراتي والقانون المصري), فاخرة سیف المنصوري

Theses

Penal Conciliation as an Alternative Settlement of the Criminal Case (Comparative Study between Emirati Law and Egyptian Law)

This study compares the UAE Criminal Procedures Law to the Egyptian Criminal Procedures Law and examines the penal reconciliation system as a procedural system that aims to end litigation without a criminal case. In addition to demonstrating the nature of penal reconciliation, this study clarified the procedural provisions of the penal conciliation system and their implications.

Given that this study focuses on the penal reconciliation system, I chose to support my arguments about the nature of reconciliation and its procedural requirements with …