Fiscal Decolonization-Indigenous Fiscal Autonomy And Tax Jurisdiction, Riad Kherallah

LLM Theses

This thesis focuses on the relationship between Indigenous fiscal autonomy and self-determination. Indigenous nations’ ability to achieve self-determination is dependent upon their ability to autonomously finance self-government. Unfortunately, Canada’s colonial policies have weakened Indigenous economies and rendered them dependent upon the Crown. Due to Indigenous nations’ lack of fiscal autonomy, Crown policies designed to promote Indigenous self-government have proven inadequate. This thesis argues for using the United Nations Declaration on the Rights of Indigenous Peoples as a blueprint for developing more equitable economic relations. While there are various elements to Crown-Indigenous economic relations, this thesis focuses on the distribution of …

Pushing The First Domino: Freeing The Whales In Canada, Luc Paul Bourgeois

LLM Theses

In 2019, the Canadian Parliament adopted Bill S-203, titled the Ending the Captivity of Whales and Dolphins Act [Whales Act], to phase-out the captivity of cetaceans – that is, whales, dolphins, and porpoises – mainly for entertainment purposes. This new law reflected scientific knowledge and signaled a shift in public attitudes relating to cetacean captivity. Undeniably, this piece of legislation raises many legal and normative questions. Drawing on the capabilities approach, espoused by Martha C. Nussbaum, this paper will explore the nature and impact of the Whales Act in the Canadian political and legal landscape, as well as the newly …

Police Officers' Perceptions Of The Law Enforcement Narcan Program And The Effectiveness In Fighting The Opioid Epidemic, James Russo

Seton Hall University Dissertations and Theses (ETDs)

Abstract

The purpose of this study was to investigate how police officers perceived the N.J. Narcan policy and standards in saving lives and deterring opioid use. This study also examined the impact of the law enforcement Narcan program in reducing the opioid overdose death rate. Participant interviews will be conducted, and thematic coding will be utilized to capture the dominant themes associated with the police officers’ perceptions of the N.J. Narcan policy and standards in reducing the opioid overdose death rate. Fifteen police officers will participate in the study, and their anonymity will be maintained to elicit transparent responses. This …

Nopal En La Frente: Racial Passing And The Hidden Indigeneity Of The Los Altos Region Of Jalisco, 1720-1950, Brandon Manuel Márquez

History

When people look at Los Altos de Jalisco, they typically think of this area as representing a pocket of European ancestry in a mestizaje state. Yet this ignores one huge aspect of this region: its indigenous history. Throughout the last three hundred years, the Los Altos region of Jalisco has allowed for the racial passing of many different families. This is all the more significant because many of its citizens have what many believe to be European features- mainly being light hair, light skin, and colored eyes. Because of these perceived European features, many of the Alteños believe that they …

Funding Access To Arbitration: Possibility Of Third Party Funding For International Commercial Arbitration In Thailand, Montira Achavanuntakul

Maurer Theses and Dissertations

With the growth of cross-border commercial transactions in an increasingly connected world, the use of international commercial arbitration is on the rise. Considering the cost and complexity of international arbitration proceedings and the growing demands on parties to manage the potentially high costs and risks associated with arbitration, a new emerging third party funding (TPF) mechanism has proved to be a practical solution for dealing with such concerns. Essentially, TPF not only provides claimants with financial support in order to gain access to arbitration, but also opens up commercial options for parties to mitigate risks, control the financial exposure associated …

Dramaturgies Of Intellectual Property Law In Read-Write Theatre, Andrew Kircher

Dissertations, Theses, and Capstone Projects

Digital and networked technologies have intensified our relationship to knowledge: all the world’s information and creativity are so immediately and personally accessible that they become embodied. Into this moment, a new theatrical practice has emerged, what I identify as Read-Write Theatre (after Lawrence Lessig). In Read-Write cultural production, artists sample and speak through the full spectrum of disembodied data that is the internet—text, video, audio, and images. The artists I include in this critical category are marked by their posthuman relationship to knowledge and, most importantly, the ways that their theatrical work confounds contemporary intellectual property law.

In this dissertation, …

The Online Impossible Anagram Task: Development And Testing Of A Novel Online Cheating Paradigm, Emily Joseph

Dissertations, Theses, and Capstone Projects

For the past fifteen years, the Russano et al. (2005) cheating paradigm has dominated research in the forensic psychological literature. While this paradigm successfully activates theoretical mechanisms for ethical decision-making, applying the methods for online data collection is cumbersome and retains a confound inherent in the design. Alternative cheating paradigms from both the psychology and economics literatures were evaluated for their suitability for an online cheating paradigm. The impossible anagram task was selected as most likely to elicit the same internal and external cost-benefit analyses online as the Russano et al. (2005) cheating paradigm does in-person: self-concept maintenance, ethical dissonance, …

Immigration Lawmaking, 1950–1986: Cold War Politics And Double-Edged Reforms, Benjamin Becker

Dissertations, Theses, and Capstone Projects

The dissertation is a study of immigration lawmaking in the Cold War period. It explores how the gap emerged between the law and the social reality of immigration, and how lawmakers politically and institutionally “resolved” these contradictions under the competing pressures of foreign policy, shifting Congressional alignments, an unstable economy and the reigning political idiom of non-discrimination.

The constant efforts to reformulate immigration policy from 1952 to 1990 were produced by the struggle between competing economic and political blocs in a context largely insulated from public opinion, where Cold War foreign policy demands set the boundaries of acceptable discourse and …

The Influence Of Prosecutorial Overcharging On Defendant And Defense Attorney Plea Decision Making: Documenting And Debiasing The Anchoring Effect, Stephanie Aurora Cardenas

Dissertations, Theses, and Capstone Projects

Strategic overcharging, a practice that some prosecutors readily employ to threaten defendants with excessively severe sentences, undermines the Sixth Amendment right to trial by coercing defendants to plead guilty rather than face penalties disproportionate to their alleged misconduct. Legal scholars and psychologists have long suggested that strategic overcharging may elicit powerful anchoring effects that bias defendants’, but not attorneys’ evaluations, of the plea offer. The current research sought to examine (a) the extent to which mock defendants and legal professionals were susceptible to the anchoring bias, (b) elucidate the mechanism underlying susceptibility to the anchoring effect in plea contexts, and …

The Psychological Allure Of Alford: Why Innocents Plead Guilty, Johanna Hellgren

Dissertations, Theses, and Capstone Projects

The Alford plea allows defendants to maintain their innocence while accepting a plea. Although this plea is more prevalent than jury trials, it is largely unknown to both lay people and researchers (Redlich & Özdoğru, 2009). Legal scholars have argued that the Alford plea may present an undue influence on innocent defendants who may not otherwise accept a plea, while other assert that the Alford plea is a beneficial alternative for defendants who want to preserve their reputation (Ronis, 2009; Ward, 2004). However, no research to date has explored either of these assumptions.

The goals of the current research were …

A Study Of Adoption And Costs Of Nrcs Avoid, Control, And Trap (Act) Agricultural Conservation Practices In Arkansas, Samuel Edward King

Student Theses and Dissertations

The USDA NRCS provides technical and financial assistance to support farmers and landowners who implement conservation practices through land retirement and cost-share programs. We analyze NRCS cost-shared conservation activities in Arkansas to determine what has been conducted, when it occurred, and what may have led to the adoption of these conservation practices. We investigate temporal trends in conservation adoption based on changes following the 2002 Farm Bill using regression analysis and evaluate spatial hotspots at the HUC-12 watershed scale using the Getis-Ord Gi*. Results suggest that conservation adoption differs regionally by practice type and land use category, and adoptions increase …

A Study On The Legal Status Of Removal Costs Of Oil Pollution From Ship Under Chinese Maritime Law, Weipeng Zhang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Research On Legal Problems In And Countermeasures For Prevention And Control Marine Environment Pollution By Ships, Dapeng Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

In The Context Of Unmanned Vessels : Obstacles To The Application Of Colregs And Suggestions For Its Amendments, Baochuan Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Protection On The Rights And Interests Of Chinese Seafarers Under Mlc 2006, Haixia Pan

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher

Master of Arts in Criminal Justice Leadership

The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …

The Challenges Of Applying Computational Legal Analysis To Mhealth Security And Privacy Regulations, Brian Tung

McKelvey School of Engineering Graduate Student Theses & Dissertations

As our world has grown in complexity, so have our laws. By one measure, the United States Code has grown over 30x as long since 1935, and the 186,000-page Code of Federal Regulations has grown almost 10x in length since 1938. Our growing legal system is too complicated; it’s impossible for people to know all the laws that apply to them. However, people are still subject to the law, even if they are unfamiliar with it. Therein lies the need for computational legal analysis. Tools of computation (e.g., data visualization, algorithms, and artificial intelligence) have the potential to transform civic …

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address …

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

UNLV Theses, Dissertations, Professional Papers, and Capstones

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

Police Officer Years Of Service: Does It Play A Role In Officer Displays Of Empathy?, Rachel Jeffries

Boise State University Theses and Dissertations

In the 2019 National Crime Victimization Survey, only 52.2% of domestic violence (DV) incidents were reported to the police (Morgan & Truman, 2020). With significantly low reporting rates, policing agencies may be asking themselves what they can do to encourage victims of DV to come forward and report their victimizations. Research on DV victims’ perceptions of police response suggests that, when police provide empathy-like responses to victims of DV, there are numerous benefits for the victim and the policing agency (Birdsey & Snowball, 2013; Johnson, 2007; Stephens & Sinden, 2000). Thus, empathy could be a central component to improving reporting …

Parental Plea Bargain Recommendations To Their Child In A Juvenile Court Setting, Aliya J. Birnbaum

Student Theses

This study examined parent acquiescence to attorney recommendations pertaining to plea bargain decisions, as well as whether this differed based on the racial similarity between an attorney and their juvenile client’s parent. Past research has shown that youth are vulnerable to the influence of perceived authority figures in a plea-bargain setting, leading them to rely heavily on the input of their parents and attorneys for how to plead. This study expands the literature to include how attorney race impacts parents’ plea decisions. A sample of parents of youth aged 11- 17 read a vignette, in which attorney race was manipulated, …

Associations Between Exposure To Air Pollution After A Dust Event And Hospitalizations., Estrella De Jesus Herrera-Molina

Open Access Theses & Dissertations

The Southwestern region has been identified as one of the most persistent dust producing regions of North America. Exposure to inhalable particulate matter (PM10) originating from desertic landscape during dust events/dust exposures (DEs) can reach hazardous levels. El Paso, Texas’s ambient air has reached hazardous levels of PM10 above 4000 μg/m3 with near zero visibility due to these natural events. There are very few prior studies in the southwestern United States pertaining to the associations between exposure to atmospheric aerosol after DEs and hospitalizations, nor are there many epidemiological studies globally in dusty environments where most of the atmospheric aerosol …

A Case Study Of Information Management: An Ethnographic Research For A Suitable Smartphone For Legal Workers, Eric J. Guo

Multidisciplinary Studies Theses

This research report is a learning and practice experience on research on suitable smartphones for information management for legal work. The author compared the five most popular smartphones on the market and recommended smartphones that are highly efficient for performance and cost-effective for legal workers. The author has been working on the project with J&W Law Firm as a volunteer product researcher from 2017 to today. The research results have been continually updated with the most advanced technology to law firm partners’ requirements. During the project, the author needs to communicate with legal workers to understand their best needs for …

Assembly And Maintenance Required: The Institutional Work Supporting Court-Connected Mediation Programs, Vittorio Indovina

Doctor of International Conflict Management Dissertations

In the past few decades, many courts in U.S. implemented mediation programs to offer disputing parties a cost-effective alternative to litigation and reduce the caseload of overcrowded courts, and such programs gained the global community's interest. This qualitative research study sheds lights on the institutional work needed to maintain court-connected mediation program. Its main assumption is that court-connected mediation programs, like many other institutions, are not self-reproducing institutions. Supportive activities are always required to maintain institutions over time. Through the lens of the institutional work scholarship, this study collects and analyzes data from thirty-two semi-structured interviews of court-connected mediation program …

Existentially Guilty: Where Do I Go From Here?, Devontae Wilson

Master of Arts in English Plan II Graduate Projects

Teachers, students, parents, and even politicians have been forced to confront the by-products of not having difficult conversations about race and class. Political pundits are using this moment in history sparked by recorded injustice and the publicized murders of unarmed black people at the hands of law enforcement to demonize Critical Race Theory (CRT), a framework created to analyze how the law is racialized. This portfolio is largely a result of Dr. Rudine Sims-Bishop’s “Mirrors, Windows, and Sliding Glass Doors” and contextualizing it through my personal experience as a classroom teacher, as a black man in a majority white, female …

Decoding Financial Inclusion In A Post-War Jurisdiction Sri Lanka: A Case Study, Shanthi Elizabeth Senthe

PhD Dissertations

This qualitative study examines the complex interplay between the financial regulatory landscape and financial inclusion in a post-war jurisdiction. The global debates surrounding the deployment of financial inclusion initiatives virtually center on many legal and non-legal discourses, thereby making this a significant study. This study further identified specific thematic strands which highlight how financial inclusion is regulated and administered in a post-war jurisdiction by amplifying the lived experiences of individuals that are caught between the regulatory structure of financial inclusion. In particular, this doctoral research further examines how stakeholders engaged in financial inclusion have shaped the financial regulatory landscape. By …

Marijuana-Related Crime In Oregon Following Legalization Of Recreational Use, Ana Alicia Soto

Dissertations and Theses

In this decade we are seeing the legalization of recreational marijuana occurring across the nation, with new legislation being passed every year. This necessitates research into what works within the regulatory framework of states where MJ has been legalized. This study sets out to look at Oregon's implementation of recreational marijuana and its impact on marijuana-related offenses. Using NIBRS, we examine marijuana-related offenses across 13 counties with crime data from 41 agencies in Oregon from pre-legalization to post-legalization (2010 to 2019). This study uses elements of legalization, licenses, and production to analyze the association between these aspects and offenses that …

The Potential For A Family Law Tribunal, Patricia Lynn Robinson

PhD Dissertations

This thesis considers the potential for tribunal adjudication in family law, particularly for custody and access cases. The central argument is that a paradigm shift away from adversarialism may enable experimentation with a holistic tribunal-based family law settlement system, at least for family law cases in which a best-interests-of-the-child determination is required. It is suggested that within a holistic tribunal settlement system, multi-disciplinary mediators and adjudicators could share decision-making responsibility, nurture tribunal expertise and develop transparent decision-making guidelines, while adjudication could be relegated to a secondary, inquisitorial component. New empirical research on mediation and adjudication processes in selected tribunals is …

Ongoing Crimes And The Unlikelihood Of Punishment - Syria As A Case Study, Ghuna Bdiwi

PhD Dissertations

Taking the war in Syria as a case study, this dissertation proposes an account of criminal accountability that merits the language that is expressed by calls for criminal accountability, even where physical punishment is not possible. Syria is, of course, a society that is in the midst of ongoing conflict one where almost every party on the battlefield is committing atrocity crimes against civilians. In response, and importantly while the conflict continues, the international community, the United Nations, and the Syrian diaspora have made calls for holding war criminals accountable. But, what are values of these calls if there is …

Settling The Law: An Empirical Assessment Of Decision-Making And Judicial Review In Canada's Refugee Resettlement System, Pierre-Andre Theriault

PhD Dissertations

In light of rising numbers in the global refugee population, as well as new ideas for reforming the international refugee regime that emphasize refugee containment, there is reason to reaffirm refugee resettlement as a solid mechanism for burden-sharing, and perhaps the only obtainable durable solution for refugees in a protracted refugee situation. Canada has operated a robust refugee resettlement program for decades and is now presenting its private sponsorship of refugees program as a model to the rest of the world. Despite the significance of Canadas resettlement program, both domestically and internationally, few studies have investigated how the program is …