Law Commons^™

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Is Freedom Of Expression A Tool Of Oppression And Harm? A Study On Hate Speech And Its Harms In Case Law And Doctrine Of The Us And European Court Of Human Rights, Mohamed Hassan

Theses and Dissertations

Many societies now face the problem of hate speech. It has reached the level of a global problem. Many groups use freedom of expression to oppress other groups through using hate speech. The problem of hate speech represents a complex topic because it is interwind with the right of freedom of expression. However, international human rights law tries to combat the hate speech law in some treaties, such as the ICCPR and CERD, by offering rules to guide states constitutional courts in adjudicating these cases by limiting some of their absolute discretionary power in deciding these cases. These efforts have …

Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster

Dissertations - ALL

The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been dedicated to how to identify deference and why courts defer. This dissertation redefines deference, a term that has been topic of extensive discussion in the last forty years but that was missing a key feature: the intent of the deferrers. Using administrative courts as the proxy for agencies at large, this dissertation suggests three reasons why judges may defer. …

Preservation Of The North: Evaluating The Influence Of Indigenous Rights Laws & Commitments On Saami Self-Determination, Courtney Marie Bergsieker

Senior Theses

Despite the Nordic countries’ commitment to robust international Indigenous rights agreements, Europe’s only recognized Indigenous people, the Saami, struggle against the dispossession of their traditional lands in the northern regions of Sweden and Norway. As many states seek to capitalize on the development opportunities presented by the circumpolar Arctic while also recognizing the rights of Indigenous peoples, Indigenous sovereignty and self-determination are widely discussed and relevant issues. How effectively do national laws and international Indigenous rights commitments protect the Saami from these potentially invasive natural resource developments on their traditional lands? In this thesis, I aim to answer this question …

Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers

Expressive Therapies Capstone Theses

The impact of a deafblind diagnosis on an individual’s mental health and the well-being of the family involved can be profound. However, current research and available literature for the mental health treatment and therapy practices of deafblind persons and their families is limited (Kyzar et al., 2016; “WFDB Global Report 2018,” n.d.). This thesis used the Leeds Family Psychology and Therapy Service principles (Leeds FPTS) and the Expressive Therapies Continuum with established deafblind teaching strategies to facilitate an original arts-based community project entitled: “Things We Like.” This project provided an opportunity for deafblind students (ages three to 22) and their …

Vocation Or Victimization: An Analysis Of Legal Models Addressing Prostitution, K'Reisa J. Cox

Honors Projects

This discussion of legal models addressing prostitution evaluates the three predominate models currently implemented worldwide: criminalization, legalization/full decriminalization, and partial decriminalization (also termed the Nordic Model). Specific focus is given to each model’s capacity to maintain nations’ human rights obligations to people in prostitution, specifically the right to free choice of employment, and the right to safe working conditions free of exploitation and coercion. Along with evaluating the origins, structure, strengths, and weaknesses of each, case studies of all three models in practice are incorporated to transition from theoretical to practical evaluation. Each model’s unique design, purported outcomes, and various …

Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster

Dissertations - ALL

The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been dedicated to how to identify deference and why courts defer. This dissertation redefines deference, a term that has been topic of extensive discussion in the last forty years but that was missing a key feature: the intent of the deferrers. Using administrative courts as the proxy for agencies at large, this dissertation suggests three reasons why judges may defer. …

Refugee Policy In Australia And New Zealand: An Approach For Resettling Environmentally Displaced Persons?, Sedina Sinanovic

Master's Theses

An increase in human mobility as a consequence of climate change induced slow-onset environmental degradation and sudden-onset natural disasters is expected to be a defining feature of the 21st century. Inexorably shifting the global migratory landscape, the United Nations High Commissioner for Refugees (UNHCR) approximates that roughly 250 million people will be forcefully displaced due to adverse climate impacts by 2050. While there is no international consensus on appropriately categorizing such people, this thesis refers to them as "environmentally-displaced persons" (EDPs). Since EDPs do not qualify for "refugee" status, they are not afforded access to assistance under the 1951 Convention …

Memory And Identity: Inter-Generational Resilience And Construction Of Diasporic Identities Among Somali Refugees, Hamida Dahir Sheikh Ahmed

Master's Theses

The violence and displacement many refugees face often create a lifelong trauma that manifests in many ways within themselves, their families, and communities. The Somali refugee community in the United States is no different. Since their resettlement in America started in the 1990s following the civil war, the community has struggled with different manifestations of that trauma; substance abuse and gang violence among the youth, prominence of depression and suicide rates, rise of domestic violence, as well as other direct and indirect results associated with mental health. This is the reality of many refugee and immigrant communities, coming directly from …

Colombia, Un Refugio Cercano Pero No Accesible Para Los Venezolanos, Diana Maria Tovar Rojas

Master's Theses

The non-application of the International Protection mechanisms, such as the non-recognition of the determination of refugee status to the migrant population victims of forced migration, not only aggravates the conditions of vulnerability of the migrants because the State does not respond adequately to their specific needs but also because the State is violating what is stipulated in the International Human Rights Law and ignoring its responsibilities acquired by having signed instruments of the International Protection Regime. Despite the fact that Colombia is the largest recipient of Venezuelan migrants in Latin America due to its geographical proximity, it is also one …

The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers

Master's Theses

The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …

Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta

Undergraduate Honors Theses

Three million children are abused every year in the United States. Although there are some safeguards, such as foster care and state child abuse laws, the number of abused children has not dwindled. How should the federal government respond? This article argues that the Thirteenth Amendment can be interpreted to protect abused children. It is widely accepted that the Thirteenth Amendment’s sole purpose is to abolish Black slavery, therefore rendering it useless in the modern legal climate. Nothing in the wording or context of the Amendment, however, suggests that it is limited to Black slavery. Interpreting the Amendment to encompass …

Legal Obstacles Of Detainees In For-Profit Immigration Detention Facilities, Catalina Miller-Booth

Undergraduate Honors Theses

In an effort to reshape the US correctional system, one of President Joe Biden’s first executive orders ended future contracts between the Department of Justice (DOJ) and private prison corporations. Symbolic at best, this left in place the biggest money-maker of the private prison system, private immigration detention facilities. The contracts that guide US Immigration and Customs Enforcement (ICE) facilities favor profit over detainee well-being. This research showcases the poor quality of private immigration detention facilities with a focus on access to legal representation. With financial and physical barriers preventing detainees from receiving legal help, the US detention system works …

Exploring The Role Of Core Positive Selves With Men Convicted Of Child Sexual Offenses: A Character Strengths Initiative, Tiffany A. Miner

Individual, Family, and Community Education ETDs

The aim of this study was to help men convicted of child sexual offenses learn to recognize and engage their character strengths over 12 months. Participants were six men convicted of contact and noncontact (internet) child sexual offenses. All participants were members of a community-based reintegration group for registered citizens. In the first weeks of the study, participants received the Values in Action Inventory of Strengths survey. The survey, containing 240 questions—10 items for each of the 24 character strengths outlined—helped participants identify their top character strengths. The study explored (a) how the men could use their character strengths to …

Assessment Of Contract Terms And Conditions For Lump-Sum Contracts, Omar Othman

Theses and Dissertations

A Contract is a tool that defines the obligations of the contracting parties and assigns the risk between them. Contracts are usually drafted to meet the interests of the owner by addressing the legal issues and liabilities. Meanwhile, less emphasis is placed on clearly communicating the contract terms and ensuring that all contracting parties comprehend their risks and obligations. In a country like Egypt, which has faced drastic economic and political changes in the past few years, and yet is experiencing a boom in the construction sector, many developers tend to draft contracts that might be legally complicated or lacks …

Farm To Boardroom: How Improving Farm Conditions Leads To Sustained And Ethical Profit, Emily Mueller

Student Theses 2015-Present

As a society evolving and innovating at a pace faster than ever before seen in human history, we find ourselves at a crossroads of dealing with planetary boundaries and improving social standards. We are met with a crisis just thirty years away; the crisis of needing to be able to effectively and sustainably feed ten billion people across the globe. The 20th century brought on a booming age for industrializing the food system in order to increase yield and thus profit. The new process was a significant breakthrough at its time, but now we must face the question of when …

Combating The Recruitment And Radicalization Of Potential Terrorists: A State-Based Methods And Effectiveness Analysis For Application To Counter White Supremacy Terrorism In The Usa, Francesca Pimenta

Honors Theses

For approximately the past twenty years, the United States (US) government has focused on combating terrorist threats from abroad like Islamic terrorism. However, in recent years, terrorism has transitioned from an external threat to an internal threat. Some people in the US only realized how large a threat white supremacy terror poses to the nation’s security following the insurrection in the Capitol on January 6th, 2021. Despite this newly gained knowledge, the threat of white supremacy terror in the US has been growing for years. This study looked at the ways foreign governments have combatted white supremacist terrorism, recruitment, and …

An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos

Dissertations

The last 8 years have seen a dramatic increase in the flow of Central American apprehensions by the U.S. Border Patrol. Explanations for this surge in apprehensions have been split between two leading hypotheses. Most academic scholars, immigrant advocates, progressive media outlets, and human rights organizations identify poverty and violence (the Poverty and Violence Hypothesis) in Central America as the primary triggers responsible. In contrast, while most government officials, conservative think tanks, and the agencies that work in the immigration and border enforcement realm admit poverty and violence may underlie some decisions to migrate, they instead blame lax U.S. immigration …

When Half The Neighborhood Is Missing: How To Overcome Systemic Poverty And Gentrification Following The Models Of Dudley Street And Mission Waco, Kevin A. Brown, Kevin A. Brown, Kevin A. Brown

Doctor of Ministry Projects and Theses

Abstract

By following the examples of Mission Waco and The Dudley Street Initiative, it is possible to renew a sense of beloved community by changing the narrative of poverty and gentrification by rebuilding the village through empowering the poor and marginalized.

Mission Waco and The Dudley Street Initiative are comprehensive sustainable communities because they combine numerous social and economic interventions under developed strategic plans. The principal question that this dissertation seeks to answer is whether these models can be implemented in local communities to help overcome gentrification and poverty. Implementation can be successful if we can identify the problem, rethink …

The Phenomenon Of Sexual Violence During Armed Conflicts In The Twenty-First Century: Entering The Era Of Survivors As Agents Of Peace, Shayna Kushner

International Relations Honors Papers

Evidence suggests the twenty-first century has witnessed a surge in armed conflicts and ethnic wars targeting marginalized communities, subjecting innocent civilians to violence and destruction. Among the tactics aimed to disrupt family and social ties within the existing communities, some armed groups and government sponsored soldiers have subjected vulnerable individuals to wartime rape and conflict-related sexual violence including physical and mental abuse. While the international community attempts to intervene militarily and judicially to quell the sexual violence, institutions and individual actors fall short of providing justice and accountability to survivors and victims of conflict-related sexual violence. Through the case studies …

Technology As A Tool For Support: Classroom Teachers And Resource Specialists In Collaboration And Communication Practices, Mackenzie Jones

Education | Master's Theses

Classroom teachers and resource specialists face hectic schedules that include supporting students and meeting the core curriculum standards. In order to support students with disabilities in the classroom, collaboration between classroom teachers and resource specialists is essential. With busy schedules and increasing demands that teachers face, there is an urgent need to support teachers with effective systems of collaboration. This research focuses on the problem of unorganized and ineffective systems of support, which teachers face when trying to collaborate and communicate with their colleagues. While many prior studies address the significance of providing time for educators to collaborate in the …

Race And Social Class As Factors Associated With Sentence Disparities: A Survey Of Potential Jurors, Amanda Rickett

Honors Theses

Prior research has found that bias, along with other extralegal factors, leads to the sentencing disparities in the criminal justice system throughout the United States. The criminal justice system has implemented reforms to address these disparities. Furthering research on this issue, I analyze previous studies that tried to determine the effects of bias on the decisions made by judges and juries. Most importantly, the present study aimed to determine the effects of race and socioeconomic class of the defendant on the decisions on potential jurors using a vignette based survey with randomized assignment. The results suggest that the potential jurors’ …

Litigation Strategies For Suggestive Identification Evidence, Elaina Welch

Student Theses

To determine the best litigation strategy for defense attorneys presented with suggestive eyewitness evidence, I tested the influence of identifications obtained through in-court and out-of-court identification procedures on jurors’ decision-making. I recruited Mock jurors through Amazon’s Mechanical Turk (MTurk) (N = 375) to watch a videotaped simulation of a robbery trial in which I varied whether the eyewitness made an in-court or out-of-court identification and the suggestiveness of the out-of-court identification procedure. Watching a trial with either an in-court or out-of-court identification procedure increased jurors’ likelihood to convict. Mock jurors who viewed a trial with an out-of-court identification procedure …

Ifis Contribution To Egypt’S Underdevelopment: The Rule Of Law And The Laws Of Poverty, Kareem Younes

Theses and Dissertations

In 2019 CAPMAS released a report estimating the percentage of extreme poverty amongst the Egyptian public at 32.5%; one in every three Egyptian lives on 1.45$ a day. In 2017 a United Nations report highlighted that on average 40,000 Egyptian died because of pollution. Those figures represent the consequences of a cumulative “development” process that encompassed the economic, political and legal fields. In particular, the thesis focuses on the role of the New Commercial Law in disadvantaging vulnerable segments of the population and leading them to prison. I argue that the use of law as a tool of development in …

Tax Reform Throughout U.S. History And The Economic Impact, Jacob Christopher Michel

Honors Thesis

The three largest tax reforms in recent years, The 1986 Tax Reform Act (TRA of 1986), The Bush Tax Cuts Act, and The Tax Cuts and Jobs Act (TCJA), differed in the treatment of taxable income through capital gains tax rate, depreciation treatment, limitation of losses, standard deduction, and the marginal rates in general. These provisions were studied to provide insight into how they affected various stakeholders. The TRA of 1986 and the Bush Tax Cuts Act have data determining whether they benefitted high-income taxpayers to the highest extent. The low-income taxpayers were also given tax breaks, however, not to …

The Commercialization Of Crime Solving: Ethical Implication Of Forensic Genetic Genealogy, Hannah Lee

Honors Theses

With the advancement of DNA technology and expansion of direct-to-consumer DNA services, a growing number of cold cases have been solved using a revolutionary new investigative method: familial DNA mapping. While the technique has been lauded by law enforcement as revolutionizing criminal identification, others are concerned by the privacy implications and impact on the family structure. In this thesis I will draw on communitarian, liberal rights, utilitarian, and social justice arguments for and against the practice. I conclude that this method has the potential to increase security and provide justice for victims and families, but absent comprehensive regulation and privacy …

Religious Tolerance And Anti-Trinitarianism: The Influence Of Socinianism On English And American Leaders And The Separation Of Church And State, Keeley Harris

Honors Theses

This research focuses on a sect of Christian thinkers who originated in mid-16th century Poland called Socinians. They had radical Christian views built upon ideas from humanism and the Protestant Reformation, including Anti-Trinitarianism and rejecting the divinity of Christ. Most importantly, they believed that in order to follow Christ’s message, separation of church and state and religious toleration were necessary. Socinianism spread across Europe into England, first permeating subtly while England remained intolerant, but it came to the forefront during the English Civil War. Socinian ideas helped further political agendas of Royalists and ultimately influenced Enlightenment thinkers like John Locke …

Police Brutality: Macroeconomic Effects In The United States, Nya Bryant, Kate Perry

Honors College Theses

How does racial discrimination negatively impact citizens in the US regardless of racial identity? There have been many deaths that have resulted from law enforcement interaction with Black citizens, such as George Floyd and Sandra Bland among countless others, and each of these deaths have negatively impacted the overall community in which they happened. Events such as these have caused many protests and movements to be sparked such as the Black Lives Matter movement and have resulted in an uprising of citizens demanding change, yet not all citizens recognize how police brutality incidents impact their own lives. In this project, …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle

Master’s Theses and Projects

United States military veterans are a special population of men and women that have willingly sacrificed their lives to serve their country. They are perceived to be patriotic, honorable, strong, and disciplined people. Unfortunately, veterans are not exempt from committing criminal acts that land them in the criminal justice system. In fact, veterans are highly susceptible to developing mental illnesses and substance use disorders which can ultimately lead to criminal behavior. The purpose of this study was to examine to what extent available resources are provided to veterans to help them prevent contact with the criminal justice system. This study …