Law Commons^™

Difficult Of Imagining And Accepting The Other: The Sunni In Iran And The Shi'a In Bahrain, Nermeen Essam Adel Aziz

Archived Theses and Dissertations

The legal basis in Iran and Bahrain whether domestic law or international law regulates and determines the government's attitude and behavior towards its people. At the same time, state's attitude affects the way in which laws are formulated and implemented at the same time. Iran and Bahrain represent two critical examples in addressing the issue of majority and minority rights and the idea of imagining and accepting the other in terms of human rights violations. The inability of imaging the other leads to human rights violations in both states. These violations are committed in one case by a majority towards …

"I Am Not Good Enough For The State Because I Am A Woman": The Feminization Of Poverty, A Violation Of Women's Social Rights?, Masa Amir

Archived Theses and Dissertations

This thesis explores the conception of the feminization of poverty, the notion that women experience a higher incidence of poverty than men, that women are prone to suffer more persistent/long-term poverty than men, that women's disproportionate burden of poverty is rising relative to men, that women face more barriers to lifting themselves out of poverty, that the â feminization of poverty' is linked with the â feminization of household headship,' and that women-headed households are the poorest of the poor. Seeing that poverty has been defined as capability deprivation that prevents individuals from leading the kind of life they have …

Binary Variations On An Unfortunate Theme: Towards A Sustainable Analysis Of Human Trafficking, Matthew Dompier

Archived Theses and Dissertations

The current state of international law and human rights provide a rich context for a critique of the discourse of human trafficking: how the discourse is framed, how it is used and what the effects of this use are. This research suggests that the discourse of human trafficking is often employed in a binary, dualistic manner in its framing, conceptualization and common manifestations. The binary determination of human trafficking as a human right violation or a crime was particularly evident in the negotiating process for the definition of human trafficking contained in the UN Trafficking Protocol, which represented an opportunity …

Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih

Archived Theses and Dissertations

One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …

Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch

Archived Theses and Dissertations

The detention of migrants and asylum-seekers on administrative grounds is common practice in Germany and Austria. Administrative detention in migration settings mainly aims at facilitating deportation procedures but can also lead to deterrence. A definition for deterrence in pre-deportation detention settings is developed in this paper and applied to three German and three Austrian court cases. In this way, it is possible to show how deterrence occurs and what it looks like. Broad discretionary powers and insufficient training for law enforcement agents, such as the immigration police, as well as vague standards and procedures, play a role in the occurrence …

Durable Solutions For Stateless Persons In Egypt, Kelly Mcbride

Archived Theses and Dissertations

This piece focuses on stateless persons outside their country of origin/habitual residence who are now in Egypt. A number of stateless persons have been detained because of their illegal entry into Egypt, and because of their lack of deportability, their detention becomes indefinite. There are also a number of stateless persons who are not under the protection of the UNHCR Cairo living in Cairo, who are at risk of indefinite detention because of their lack of documentation. This is a critical analysis of the UNHCR's role in implementing their mandate, and also an understanding that ultimately it is up to …

Defining The End Of New Wars, Jeroen Jansen

Archived Theses and Dissertations

New wars are defined by their innate disposition to blur distinctions and human rights violations while structurally undermining the enjoyment of human rights. These wars are self-fueling human rights cataclysms that destroy society and its social contract by blurring the distinction between government, army and people. These characteristics prolong into what is perceived as post-conflict and blur the distinction between war and peace. The lack of acknowledgment and understanding of these characteristics among the actors who provide relief and seek resolution to the conflict undermines the effectiveness of their actions and the coordination among them resulting in aid gaps. The …

Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir

Archived Theses and Dissertations

The recognition and protection of the right to strike have seen huge developments since the beginning of the twentieth century. The traditional basis upon which this right was based on the international arena and in national jurisdictions is one that views the right to strike as an essential tool in the hands of workers and their representative organizations to strengthen their bargaining power against employers, which means that the right to strike is one of economic and social rights enjoyed by humans in their capacity as workers. Yet, there are calls for widening the basis of recognition of this right …

Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel

Archived Theses and Dissertations

The long-running controversy in international refugee law over the concept of safe third countries is particularly challenging when refugees migrate irregularly from urban settings. While urban-based refugees often face a distinct set of human rights violations, the complexity that characterizes how these abuses fit into the larger picture of urban poverty and state ineffectiveness, combined with continued ambiguity concerning the minimal standards of protection necessary to allow a state to return a refugee to a first country of asylum, allows receiving states to deny protection obligations by relying on the argument that the hardships compelling movement, if they did not …

Police Officers Use Of Ketamine To Subdue Alleged Criminals, Maria Onofre

Honors Program Theses and Research Projects

This review highlights the recent use of ketamine to subdue alleged criminals as an anesthetic. The history and usage of ketamine are studied as a focus on the implementation of ketamine to treat different human needs. The properties and similarities to PCP are compared. All forms of administration, both legal and illegal, and dosages are studied. The review is concluded by a look at the use of ketamine by law enforcement, especially by the Aurora police department.

Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington

Honors College Theses

This research examines the comparative efficacy of federal appellate court decisions and federal legislation with regards to the furtherance of civil rights on the basis of sexual orientation. The research examines efficacy based upon the number of measures which have been implemented as well as the content of each measure. The research examines federal appellate and Supreme Court decisions, as well as adopted pieces of federal legislation since 1950. It also examines the likely causes of the disparities in efficacy that are indicated in this analysis. The findings of this research indicate that litigation has been much more effective at …

Evaluating Nebraska Ems Providers' Ability And Willingness To Respond To Bioterrorism Emergencies, Ryan Houser

Capstone Experience: Master of Public Health

Previous studies have found that public health systems within the United States are inadequately prepared for an act of biological terrorism. This study utilized an Internet-based survey to assess the level of preparedness and willingness to respond to a bioterrorism attack, and identify factors that predict preparedness and willingness among Nebraska Emergency Medical Service providers, who are key to resilience in the face of an attack. The survey was available for one month in 2021 during which 190 EMS providers responded to the survey. The subjects included Registered Nurses, doctors, EMTs, and paramedics. Only 10% of the respondents are both …

Comparative Research Of The Plea Leniency System Of China, Yuguang Lu

Maurer Theses and Dissertations

This dissertation mainly discusses the Plea Leniency System that was recently legislated in China. Plea Leniency had completed a 2-year tryout stage, and was officially legalized into the Criminal Procedure Law of China in Oct.2018. The application of pleading procedures seems inevitable around the world, and operates differently in each country. As a result, there exist both similarities and differences between Chinese Plea Leniency and American plea bargaining.

This dissertation contains comparative research, empirical research and case research. Chapters I to III will form the first half of my research. This part contains my retrospective research of pleading procedure’s past …

East Tennessee State University Student Perceptions Of Gun Legislature, Brieann Boyle

Undergraduate Honors Theses

Many Americans are pushing for legislation supporting increased gun control; however many critics argue that increasing gun control will limit Americans’ rights as defined in the Second Amendment. With Tennessee’s passing of the Constitutional Carry, the researcher found it relevant to build on past research and to evaluate East Tennessee State University students’ perceptions of current Tennessee gun legislation in the light of this new act. East Tennessee State University students were surveyed in-person about their perceptions and knowledge of the current Tennessee gun legislation and support for gun control. No significant relationship was found between major and knowledge of …

Agatha Christie: A Look Into Criminal Procedure And Gender, Carmella Monico

Theses/Capstones/Creative Projects

With 2020 being the 100^th year since Agatha Christie’s first novel, The Mysterious Affair at Styles, was published, it seems fitting to celebrate such an accomplished author with a deeper look into the inner workings of her novels. While she wrote mystery novels that involved many detectives, the two most popular are Hercule Poirot and Miss Marple. This paper will examine these two detectives in regard to the criminal procedure each uses to solve their respective cases. Would her detectives’ work hold up in court then or even today? Additionally, the difference in gender between Poirot and Marple …

Memory Distortion For Footage Of An Emotionally Disturbing Police/Civilian Encounter: Investigating The Influence Of Bias And Trauma, Eric A. Korzun

Student Theses

Although body-worn cameras (BWCs) are expected to be objective tools for increasing police transparency and accountability, research refutes the idea that people can objectively view footage. Instead, research shows that people’s personal biases—for example, the extent to which people view the police like themselves, measured by the Identification with Police Scale (IPS; Tyler & Fagan, 2008) —shape how they view and interpret BWC footage (Jones, Crozier, & Strange, 2017). Additionally, studies of memory distortion reveal that people can come to remember traumatic events as worse than they originally experienced (Strange & Takarangi, 2012). Taken together, then, when viewing traumatic BWC …

Improving Veteran Access; Status Of Operations Of The United States Department Of Veteran Affairs Work-Study Program, Kirk Allen

Electronic Theses, Projects, and Dissertations

The usage status of The U.S. Department Veterans Affairs Work-Study Program is examined. Beneficiary numbers from the Global, Unites States, State, and Local/County perspective are reviewed. While of essential value, the program suffers from a lack of scholarly research and government oversight, and is further hindered by restrictive administrative rules lived first-hand. Research suggests that the program is operating outside of accountability to the taxpayer, presents as unnecessarily/overly-restrictive in accessibility, and is underutilized. The program appears to not be serving all veterans to full potential.

The Work-Study Program is codified in Veterans Benefits', Title 38 United States Code, Part III, …

Correctional Career Pathways: A Jail Reentry Program Evaluation, Grace Gass

Electronic Theses and Dissertations

There are numerous types of reentry programs available to inmates to help avoid the cycle of recidivism. There is little research on the impacts of reentry programs in jail populations. This current study sought to provide more research in this area by evaluating a local jail reentry program’s effect on recidivism. A quasi-experimental design was used to estimate the program’s effectiveness by comparing the recidivism statistics of inmates that have participated in the reentry program to a control group of inmates that did not. Inmates in the control group were matched according to their gender, age, race, and current offense …

Development Of A Topics Course For Construction Law, Julia C. Hoever

Construction Management

The Cal Poly Construction Management program is designed to prepare students heading into the construction industry for daily management tasks. With construction comes many legal aspects integrated into a project’s operations. Though the curriculum includes a contract law course, a gap exists with a minimal number of classes that address the array of legal matters the construction industry must be versed in. Working with faculty member, Thomas Kommer, J.D., there is a need for a course that expands on these varying legal topics. In order to determine the specific topics that would impactfully benefit and educate Cal Poly Construction Management …

Welcoming Families With Children To Csusb: Making An Intergenerational Difference, Leslie Leach

Electronic Theses, Projects, and Dissertations

Coming back to school after a gap in your education can be a daunting task. For students with children (SWC), the undertaking has different challenges than their classmates. Providing resources geared towards their success plays a significant role in the student's ability to complete their education. It also allows the SWC to feel a sense of belonging within their institution of higher learning. This project analyzes other California State Universities' family housing programs to advocate a similar program at California State University, San Bernardino. Using the Communication Theory of Identity (CTI) and Organizational Identity (OI), I can illustrate how resources …

Arbitrating Copyright Disputes In Egypt, Islam Mohamed

Maurer Theses and Dissertations

Egypt is witnessing increasing difficulty in implementing and practicing protectionist policies for intellectual property rights, which includes copyright as a fundamental element. Since the Egyptian judicial system is exclusively concerned with adjudicating all disputes, it has become increasingly burdened in recent decades due to this monopoly. As a result, the Egyptian judiciary is witnessing a significant slowdown in resolving conflicts and procedural obstacles which delay the restitution of Intellectual property rights to its owners. Thus, we believe that applying arbitration will contribute to resolving copyright disputes in advance on one hand and will encourage an attractive climate in such matters …

Prostitution Law: A Study Of The Impact Of The Sex Buyer Law In Northern Ireland On Sex Violence, Kendra S. Ingram

Honors Theses

In this body of research, the Sex Buyer Law in Northern Ireland is critically examined. Specifically, this thesis examines the question, “Does the Sex Buyer Law have an effect on the sex violence rates in Northern Ireland?” England and Wales, Scotland, and Ireland are all used as control groups to measure the efficacy of the policy in Northern Ireland. Through analysis of a difference in differences regression, this research demonstrates that the policy had no effect on sex violence in Northern Ireland. Scotland and Ireland proved to be better control groups for Northern Ireland in terms of the identifying assumptions …

A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson

Honors Theses

Through its incarceration of simple possession offenders, Mississippi is failing to acknowledge the severity of addiction and importance of mental health. In this paper, I will examine Mississippi’s history of opinion and policy on drug use. In order to gain a better understanding of addiction and Mississippi’s criminal justice system, I interview several individuals with experience in varying aspects of these issues. Mississippi has one of the highest rates of incarceration in the United States, with stringent laws regarding the possession of narcotics. Mississippi’s mental health resources have been deemed unconstitutionally deficient on more than one occasion, and addicts are …

Collateral Damage: How Expanding Public Charge Policy Influences Adult Esl Enrollment, Allison M. Eckert

Master's Theses

This study used statistical analysis of enrollment records for ESL programs at community colleges throughout California from 2015-2019 to determine whether adult immigrants’ participation in public ESL programs was reduced under President Donald Trump. Immigrant families’ lesser use of public education services and means-tested federal benefits has been widely documented in the wake of Trump’s expansion of the public charge rule, which counted immigrants’ use of a wider array of public benefits against their case for residency in the United States than had any previous iteration of the rule. Failing the public charge test can block an immigrant’s entry into …

The Impact Of A Crisis Intervention Team Program On Psychiatric Boarding, Kurtis Hooks

Counseling & Human Services Theses & Dissertations

Psychiatric boarding is the phenomenon of housing individuals in emergency departments while awaiting access to mental health services in the community. The expansion of psychiatric boarding is attributed to continued deinstitutionalization and under-resourcing of mental health services. Psychiatric boarding is also associated with deleterious outcomes for individuals in need of access to behavioral health services, facilities. There is limited research on programmatic efforts to reduce psychiatric boarding as it pertains to Crisis Intervention Team programs colocated in medical settings. Crisis Intervention Team (CIT) programs are community-based, multi-stakeholder partnerships that include dedicated assessment centers crisis response and referral. This study utilized …

Doers Not Dreamers: Supporting Un-Daca-Mented Students After College, Fatima Perez Murguia

Capstone Projects and Master's Theses

Thinking about life after college can be exciting. However, for some, it can be a scary and uncertain time. The focus issue addressed in this Capstone Project is on how to support undocumented college students better to prepare them for life after graduation. This is an important issue for undocumented college students because they are working hard to earn their degrees but cannot get a job in the fields they are prepared for. An evidence-based argument is made that investment should be made in the future of undocumented students, as they are well prepared and qualified to take on jobs …

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. …

[Dis]Assembling Race: The Fepc In Oklahoma, 1941-1946, Arley Ward

Graduate Theses and Dissertations

On the World War II home front in Oklahoma the Fair Employment Practice Committee (FEPC) succeeded in securing defense jobs for African Americans. The efforts of the committee, The Oklahoma Eagle, the Oklahoma City Black Dispatch, and the State Conference of Branches of the National Association for the Advancement of Colored People (NAACP) advanced civil rights in Oklahoma throughout World War II and beyond. The efforts of the FEPC in Oklahoma connect civil rights efforts in the 1940s directly to Brown v Board of Education, (1954) and the classic civil rights movement.

Environmental Justice Issues And Sea Level Rise In Frontline Communties Along The Gulf Coast, Karla Michel Lopez

Open Access Theses & Dissertations

Sea level rise poses a great threat to coastal areas and our way of life. As flooding increases in frequency and intensity across the country, vulnerable populations become a target to its impacts. The U.S. dedicates much research to risk communication and climate change adaptation strategies; however, these coastal areas are home to a large percentage of underserved and underrepresented communities that can be challenging to meaningfully engage. The impacts of short-term sea level rise combined with long-term sea level rise will not only cause flooding, erosion, and intrusion of saltwater into freshwater resources but also increased financial consequences, such …

Extreme Risk Protection Orders, Anna Heetmann

Law Student Works

Extreme Risk Protection Orders1 (ERPOs) are civil orders issued when a person is a danger to themselves or others.2 These orders prevent a person from purchasing or possessing guns while the order is in place.3 ERPOs are mainly intended to prevent suicides, but there is some discussion on their potential usefulness for elderly people with cognitive difficulties, including dementia.

ERPOs are also known as red flag laws, gun violence restraining orders, risk-warrants, lethal violence protective orders, risk protection orders, gun violence protective orders, firearms restraining orders, extreme risk protective orders, orders for protection against high-risk behavior, extreme risk firearm protection …