Law Commons^™

Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen

Foreign Languages & Literatures ETDs

The principal aim of this thesis project is to examine the socio-legal context of the Vichy regime in World War II France, and to provide an understanding of how that context informed, and continues to inform, the integrity of French nationhood. With Ernest Renan’s oubli serving as a framework for the solidification of nationhood, I will demonstrate that the betrayals to French law and custom that were committed in an attempt to right the wrongs of the Vichy resulted in an imperfect forgetting, and ultimately, a more fragmented national sense of self. I contend that this imperfect oubli resulting from …

The Effective Opening: Nonviolent Movements And How They Can Help To Enforce International Law Pertaining To Human Rights, Emmalyn A. Dewing

University Honors Theses

This thesis paper will examine the following question: How can nonviolent movements create enough pressure on human rights-abusing powers so that the enforcement of international law pertaining to human rights is more viable? Through the lens of this question, the paper will argue that one of the most effective ways to fully enforce international law pertaining to human rights is through the success of nonviolent movements whose goals align with it. This paper will further briefly argue that these movements can be helped by the international community through external support in the form of training and advice. To support this …

The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos

University Honors Theses

There is emerging awareness on the potential arbitrariness and unconstitutionality of executing persons with mental illness. Most states with current death penalty laws have little to no protection for severely mentally ill defendants during capital trials. The present paper looked at the effectiveness of sentencing statutes serving the purpose of protecting defendants with severe mental illness in the state of Oregon. Through a careful meta-analysis this research focused on determining how mental illness plays into death penalty decisions and if Oregon’s Guilty Except for Insanity defense provides sufficient protection. Furthermore, the question of mental illness as a mitigating factor was …

An Economic And Political Lens Into The Lives Of Undocumented Migrant Female-Headed Households, Fátima V. Preciado Mendoza

University Honors Theses

Mexican undocumented women are essential in migrating in many households; they are often at the center of sustaining immigrant networks (Caroline B. Brettell 2015). The purpose of this study is to document, analyze, and report on the sociopolitical climate concerning the federal immigration detention and deportation pursued by the Trump regime and its effect on the mental health and financial well-being of undocumented migrant mothers working in Oregon. Throughout the interviewed data analysis process, the study examines the critical role women play in building community and navigating through multiple state social services and programs as a means of self-empowerment. This …

Rethinking Immigration Justice: Mexican Community Activism While Serving Migrants In Transit., Angélica Villagrana

Graduate Theses and Dissertations

This research study focuses on the externalization of migration control and its effects on staffmembers of community organizations that serve Central American migrants in transit. While literature on migration enforcement places emphasis on border control and internal removals, research on new forms of migration enforcement has paid little attention to the extension of border control beyond physical borders. This study employed an ethnographic approach to address the overarching question of how community organizers have responded to the adoption of US practices on extraterritorial migration control by the Mexican government while serving migrants in transit. Data collected provide empirical evidence contextual …

Policing Understood As A Racial Project: An Exploration Of The Role Law Enforcement Has Played In The Shaping Of Race Relations In The United States, Jahaan Chandler

LSU Doctoral Dissertations

Law enforcement and minority communities have had a complicated history in the United States to say the least. The theoretical propositions used to explain the myriad of interlocking relationships between race, criminal activity, neighborhood disorder, public perceptions of crime, and law enforcement itself, have provided us with nuggets of insight that have all contributed to enhancing our understanding of crime and policing in the U.S., but none have provided an overall interpretation of this complex and often convoluted relationship. This dissertation seeks to rectify this issue by not only examining the history of law enforcement and its relation to minority …

Teacher Biases And Expectations: Impact On Self-Esteem, Self-Efficacy, Delinquent Behavior Among Black Grade School Students, Rhonda Lloyd

Dissertations

Black children and adolescents in today’s society face so many challenges that come about from the hands of authority figures in their life, their environment, the education system, and society as a whole. Through a critical review of literature, the author sought to answer three research questions: (1) What are the indications that teachers may be more biased toward Black students? (2) How do perceived teacher biases and discrimination impact the self-esteem and self-efficacy of Black students? (3) How are teacher bias and the school-to-prison pipeline connected? The literature review exposed a need for a teacher training model, which was …

Medical Error Disclosure: A Content Analysis Of State Legislation, Teresa Kathleen Sparks

Graduate Theses and Dissertations

Medical error is a public health problem in the United States (U.S.), causing approximately 250,000 hospital deaths per year. Health care leaders and policy-makers have identified medical error disclosure as one of many viable evidence-based solutions to address the problem of medical error – leading to increased transparency in health care, improved patient outcomes, potential medical malpractice cost reduction, and decreased health care provider distress and turnover. Unfortunately, health care providers are often hesitant to practice disclosure and are not required to do so in most U.S. jurisdictions. A qualitative inquiry using content analysis was conducted to understand the language …

Judicial Review As An Instrument Of Natural Rights Theory: An Intellectual History, James M. Masnov

Dissertations and Theses

The unique and antidemocratic power of judicial review by the United States Supreme Court is not a bug, but a feature. Its role was critical in establishing and affirming a separation of powers horizontally among the federal branches as well as vertically between the federal government and the individual states. More than this, the Court's power of judicial review acts as an instrument of rights theory and is informed by a rich and rarely-discussed intellectual history. Though judicial review as a mode of constitutional law and the legal history surrounding it has been discussed by various legal scholars, political scientists, …

The Elementary And Secondary Education Act (Esea) And Its Reauthorization As The Improving America's Schools Act (Iasa) With Its Impact On Funding, Education Policy, And Supporting The Change For Improvement Of Student Achievement, Kaylee Latocha

University Honors Theses

A comparison of the Elementary and Secondary Education Act (ESEA) of 1965 and the Improving America’s Schools Act (IASA) of 1994 within the time period they were written in, and contextualizing them historically to discuss their failures and successes. This thesis will examine how they were shaped on a national level by politicians and political activists to create a more equitable system so that funding was beneficial to all students. Education policy formed itself to funding and student achievement as achievement was what determined funding.

Exploring The Criminal Justice System Through A Case Study Approach: Exploring The Intersections And Interventions Of The Juvenile Justice System Through A Case Study Approach, Adriana Cordova-Perez

University Honors Theses

For my thesis, I used a case study approach to analyze what we can learn about the Criminal justice system by exploring the life history of a juvenile offender. Research data was collected through an interview with a juvenile offender. Secondary sources such as literature review will also be examined to better understand the juvenile justice system. The interview will have several questions to better understand the life of the juvenile prior to them becoming part of the criminal justice system and also the question about life while in the youth correctional facility. Through those questions, I hope to better …

Higher Education For All Law Enforcement Officers, Johana Constantino Madrigal

University Honors Theses

In this brief prospectus, the focus is on the many arguments for why it should be a requirement for all law enforcement officers to have a higher education background. Given light to recent events, the importance for more highly trained and educated officers has become more dire as people call for justice in an attempt to right the wrongs that have been done. The articles found all address the manner in which higher education can help with better judgement calls, analyze and respond to situations better, and the overall perception officers have, who have a form of higher education, on …

On Fabric, Feminism And Faulty Legal Systems: Iran’S 1979 Revolution And Its Politics Of Touch, Zeena Amin

Theses and Dissertations

The intersection of body and state is a fascinating phenomenon of modern-day politics. We are continuously subjected to the ingeniousness with which the ruling classes monitor and regulate our bodies; and most times we are not even aware of it. Whether it is for control over resources or political power and authority, the state uses its institutions and various tools available to it for the purpose of maintaining disciplined, uniform populations that could otherwise threaten prevailing power structures. In particular, the patriarchy has perpetuated the notion that a woman’s body is a specific threat to those prevailing power structures. This …

Indeterminacy Of The Best Interest Of The Child And Shari’A Rules In Custody Adjudications: Egypt Case, Hala Ahmed Nour El-Din

Theses and Dissertations

This thesis argues the rigidity of custody adjudications in the Egyptian Law owing to the indeterminate legal terms and Islamic rules that guide the decision-making process of custody cases. It also proposes reconsideration of the best interest principle’s guiding criteria and custody Shari’a presumptive rules in light of the subjective interpretation of the judges in custody related matters. The principle of best interest (BI) which is the prevailing guiding criterion in regulating all matters related to children, particularly in custody-related decisions. Even though the principle has been present in international law at the beginning of the 20th century, there is …

The Challenges And Aspirations Of The Digital Transformation Of The State Council Of Egypt, Moustafa Ahmad Kamal Mahmoud Ahmad

Theses and Dissertations

The use of modern technology to support the transformation of governmental public operations and services including judicial ones, with the aim of increasing efficiency, efficacy, and transparency, has spread all over the world, especially in the last four decades. This trend has existed in Egypt since the 1980s but without substantive efforts until the middle of the first decade of the current millennium. Since then, there have been several discussions, plans, and promises regarding the use of modern technology to enhance the effectiveness of judicial operations and services, especially in light of the increasing severe criticism directed towards the Egyptian …

Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.

Theses and Dissertations

The Egyptian legal structure has long discriminated against women. Taking nationality law as an example, it is obvious that all consecutive nationality laws have ignored women’s right concerning passing on and acquiring nationality. Even after its amendment in 2004, major gender discrimination still exists. This is caused by the fact that the nationality law is only a part of the legal system. Consequently, its essence will not deviate from the patriarchal composition of the overall nature of the legal system. This paper argues that the existing forms of discrimination in the nationality law correlate with the broader legal environment. Hence, …

Copyright And Creativity: Critiques Of The Us System And Possible Reform Strategy For Egypt, Dina Magdy El-Hussieny Selite

Theses and Dissertations

The optimum goal of copyright is to maximize the production of creative works and innovations by balancing the benefits of the copyright owners and public users. This balance requires securing the rights of copyright owners to induce authors to produce their creations, while at the same time providing public users with regulated freedom to use copyrighted work to produce new creations and innovations. In this context, it is necessary to explore the problems of the copyright system and address them in the optimum way to achieve the goals of copyright. This paper analyzes the problems of the United States copyright …

The Anti-Secular Regulation Of Religious Difference In Egypt, Meriam Wagdy Azmi

Theses and Dissertations

Egyptian religious freedom activists and researchers have for decades called for more secularism to remedy the violations facing religious minorities. Those religious minorities have been subject to attacks for practicing religious rituals and suffered from lack of recognition by the government. As those activists advocated secularism, some academics critiqued it and deemed it the instigator of the very problems it claims to uproot. Saba Mahmood famously argued that secularism is a primary producer of religious tension in Egypt. In this thesis, I argue that it is not the mere regulation of religious difference as a feature of secularism that is …

Consumer Protection In Ecommerce: A Case Study Of Egypt, Heba Habib

Theses and Dissertations

This paper examines electronic contract regulation in the context of business-to-consumer transactions. The technological advancement and cross-border nature of e-commerce have posed significant challenges to the Egyptian legal framework highlighting the limitations of general commercial contract rules with regards to electronic contracts. This thesis argues that access to the courts is hindered by restrictive terms in the electronic contracts over which the Egyptian law has no jurisdictional power. Accordingly, private institutions set the rules in the e-contracts and enforce them through private methods leaving no room for state intervention to ensure the protection of consumers. Hence, the application of national …

Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam

Theses and Dissertations

Nationalism is an ideology that is not unique to one nation or one area, but it is a concept unique in the way it is defined. How it is defined and what it really is depends on where the definition is coming from. It is most important to post-colonial nations that relied and still rely on the creation of national identity and construction of an imagined community, in order to reach their liberation. Nations are imagined communities constructed through shared history, beliefs, traditions, and experiences that happen over different periods in time, between individuals that do not necessarily know each …

When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend

University Honors Theses

In the eighteenth and nineteenth century, the carceral system in England shifted away from corporal punishment and moved towards containing and policing those deemed criminal in different ways. One notable way was transportation, the practice of moving convicts out of the imperial core into a colony. This practice became a way to remove "lesser" populations from England and regulate social behavior while also expanding the British Empire and allowed convicts a new purpose in expanding the carceral state. This developed alongside the broader trends of racialization and colonization in the British Empire, which drew a global color line separating "white" …

Oral Testimonies Of Female Emigrants From Northern Ireland: Finding The The Universal And Unique Stories Of Migration, Lisa Ahmed

Sustainability and Social Justice

The purpose of this paper is to add a nuanced understanding to the study of women and migration. By using oral testimonies to conduct this narrative research study I was able to add to growing body of knowledge on women and migration. This study focused on women who arrived in the United States from Northern Ireland, for family the migration process started in Germany. The terms migration, emigration and immigration are used in the paper to describe people in movement within and across national borders. This narrative illustrates some of the consequences when nation states use their power to facilitate …

Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with …

The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne

Master's Theses

In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …

Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis

Student Theses

Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …

Contemporary Human Displacement: A Comparative Analysis Of Syria, Yemen, Honduras, And Venezuela, Rav Carlotti

Dissertations, Theses, and Capstone Projects

What is causing the surge in human displacement around the world? Large-scale displacement in Syria, Yemen, Honduras, and Venezuela has generated unprecedented humanitarian crises in Latin America and the Middle East as millions of displaced people end up as refugees or immigrants. Humanitarian organizations like the UNHCR and host countries have had their resources overextended by these ongoing crises, and there is no end in sight. This thesis shows that contemporary human displacement is rooted in the increasing inability of governments to manage their societies amid great political demands and socio-economics strains. These causes are difficult to tackle because they …

Contracting In Direct Asset Sales, Xin Yuan

Dissertations, Theses, and Capstone Projects

Using a unique, hand-collected dataset of direct asset sales agreements in the SEC filings, I provide the first large-sample evidence on how contracting mechanisms are used to mitigate information frictions in these important transactions. The conflict of interests is unique because the scarcity of asset-specific financial information makes target assets difficult to value and monitor, especially when such transactions are usually consummated in a short period. I first show an extensive use of representations and warranties, covenants, and special payment arrangements in these contracts when severe information asymmetry exists between buyers and sellers. Importantly, further results suggest that these contracting …

Three Essays On Preferential Trade Agreement And Trade Policy, Kefang Yao

Dissertations and Theses Collection (Open Access)

This dissertation consists of three chapters on Preferential Trade Agreements (PTAs) and trade policies. Increasing in numbers rapidly since 1990s, PTAs have extended their traditional focus on tariff reduction to deeper policy integration in areas such as competition policy, intellectual property rights, investment, and movement of capital. The first chapter of the dissertation uses a recently released dataset of PTA contents to quantify impacts of the horizontal depth of trade agreements on bilateral trade flows and national welfare for the period of 1980-2015. The results indicate that agreements that are deeper (covering a wider range of policy areas) contribute to …

الحماية القانونية للمصنفات الناشئة عن برامج الذكاء الاصطناعي, عائشة يحيى شقفة

Theses

ان المستقبل الذي تطمح له دولة الامارات العربية المتحدة أكثر تطور وفاعلية وذلك بمواكبتها للتطور السريع في عالم التكنلوجيا، فقد تم انشاء وزارة الذكاء الاصطناعي التي تضمنت استراتيجية الامارات للذكاء الاصطناعي لتنسجم بمئوية الامارات 2071 في سعيها ان تكون دولة الامارات الأفضل بالعالم في المجالات كافة. اذ تتناول هذه الدراسة الذكاء الاصطناعي من الجانب الإبداعي وذلك وفق تطوير قدرات وقوة تعلم الالة وتوظيفها لإنتاج ابتكار. فان قانون حق المؤلف

يحمي الابداع بشتى أنواعه إلا أن الابداعات الناشئة عن برامج الذكاء الاصطناعي ابداعات مستحدثه لم يتضمنها نص تشريعي كما لم يتم توضيح الحماية المقرر لها.

أهم النتائج التي توصلت لها هذه …

The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano

LSU New Orleans Theses and Dissertations

The Federalist Society was organized in 1982 by conservative law students to counteract what they perceived to be a liberal bias in law schools, the courts, and government administration. Forty years later there is an acknowledgement of a rightward turn in the Supreme Court which scholars have attributed in part to the efforts of the Federalist Society. However, there is still little understanding of just how that change came about. This dissertation takes a step toward understanding that question. Viewing the Federalist Society as the center of a network of lawyers, think tanks, and legal institutions, I examine the influence …