Law Commons^™

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 …

The Importance Of The Relationship Between Domestic Violence Victims And Their Pets, Emily Ryan

Master’s Theses and Projects

The purpose of this thesis is to explore the relationship between domestic violence and animal abuse with the goal of adding to the literature in this area. This study collected data from domestic violence and homeless shelters across the United States by sending a questionnaire via email. Two themes emerged based on the questionnaire responses, first, shelters reported that victims disclosed their fear of leaving an abusive situation due to abuse or threat of abuse to a family pet. And second, shelters indicated that they are unable to accommodate pets due to either, health and safety reasons, or financial difficulties. …

Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston

LLM Theses

This thesis explores the extent of federal jurisdiction over a next generation environmental assessment (EA) model proposed by Sinclair, Doelle and Gibson. Examining the jurisprudence and literature, it analyses the scope of federal constitutional authority during the triggering, information-gathering and analysis and decision-making stages of project, strategic and regional assessment. A federal next generation EA law focused on impacts on areas of federal authority could be upheld under various federal constitutional heads of power. Federal jurisdiction is most important at decision-making, and authority to trigger an assessment should be based on the low jurisdictional threshold of reasonable probability of federal …

Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah

LLM Theses

Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …

Focal Concerns And Case Advancement In Sexual Assault Cases: A Systematic Review And Meta-Analysis., David Stuart Lapsey Jr

Electronic Theses and Dissertations

Scholars have frequently used focal concerns to explain case advancement – suspect identification, case clearance, and arrest and charge decisions – in sexual assault cases. Indeed, focal concerns has been popularly used to explain prosecutor decision-making and, more recently, it has increasingly been used to explain police decision-making in sexual assault cases. As such, a systematic review and meta-analysis is needed to synthesize and evaluate existing literature. In this study, meta-analysis is used to estimate the overall size, strength, and direction of focal concerns variables on case advancement in sexual assault cases by using police officers’ decision to arrest and …

When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson

Theses/Capstones/Creative Projects

Since the existence of the online world, cyber attacks have been a threat. As the online world has developed and evolved so have the attacks on them. The advancement of technology has meant the advancement and increased complexity of cyber attacks.

Cyber attacks can be broken into two categories. The first is cyber crimes, and the second is cyber warfare. The difference between these two is not black and white, but rather a very murky grey. There is no agreed upon definitive line that separates cyber attacks and cyber crimes. This is because the definitions are so eerily similar, and …

The Right Against Self-Incrimination Under Indian Constitution & The Admissibility Of Custodial Statements Under The Indian Evidence Act, 1872, Khagesh Gautam

Maurer Theses and Dissertations

This work argues that the constitutional validity of section 27 of the Indian Evidence Act, 1872 is highly suspect on the ground that it violates the right against self-incrimination protected by article 20(3) of the Indian Constitution. Section 27 codifies the doctrine of confirmation by subsequent recovery, an old British rule of admission according to which self-incriminatory custodial statements and/or confessions obtained by the police or the investigation agency are admissible into evidence on the ground that contents of such statement have been confirmed by recovery of incriminating physical evidence. Chapter I locates the Indian criminal justice system within the …

Nebraska Public Guardianship Of Unbefriended Patients: A Preliminary Review Of Health Outcomes And Cost Savings, Emily N. Berzonsky

Capstone Experience: Master of Public Health

Unbefriended patients often experience an extended length of stay in the hospital while their medical providers await legal appointment of a public guardian to make their medical decisions. The medically unnecessary days the unbefriended patient spends in the hospital equates to high costs for the hospital, but more importantly, negative health outcomes for the patient. The purpose of this study is to provide literature and data to support recommendations for possible changes in Nebraska’s public guardianship appointment process. A literature review seeks to answer: (1) What is the median hospital length of stay for an unbefriended patient without a guardian …

Insider Trading As A Precursor To Modern Business Ethics, Robyn Coleman

Finance Undergraduate Honors Theses

There has been a recent change in business that there is more focus on the “stakeholder approach” than shareholder primacy. This can be attributed to the early actions and illegality of insider trading that expected a step beyond a solely economic approach. This attitude was then replicated to become what we see as the modern business approach. Business now includes ethical investing, environmental focus, corporate citizenship, and emphasis on multiple stakeholders that was not always there. Companies have embraced this position while others have been criticized for not doing so. As this approach develops and changes, it will be enlightening …

The Fabric Of Labor: A Study Of Labor History Through The Upstate New York Textile Industry, 1950 – 1968, Anthony Parillo

History Honors Program

This paper explores three textile mills in upstate New York in the post-WWII years, and specifically the relationships between mill hands, management, and the national Textile Workers Union of America (TWUA). While historians have studied textile mills and labor relations in the twentieth-century South, they have paid little attention to their northern counterparts during that era. This paper, conversely, writes northern mill workers into the larger scholarly conversation about twentieth-century union decline. It shows that union campaigns often failed due largely to the cunning, if not deceptive, maneuvers of management. Drawing on union records, contemporary local newspapers, and census data, …

Corporatizing Administrative Law For Economic Constitutionalism In Ghana: An African Legal Study, Rowland Atta-Kesson

Maurer Theses and Dissertations

As the Government of Ghana partners the private sector to promote district industrialization in Ghana under what is locally called “one-district-one factory” (1D1F), this study argues that it is important to foster economic constitutionalism with legal and institutional innovations. One such innovation is this study’s emergent or grounded theory of corporatized administrative law. The study is unique because it contributes to the so-called new administrative law theory with fresh evidence from Ghana on the interface between the public and private sectors under the district industrialization program. The key problem is the challenge that democratic policy discontinuity poses to business protection …

Skorupskian Allyship: Human Rights Reconstructed Through Efficacious Enforcement And Social Relativism, Chase Opperman

Philosophy Honors Papers

This project aims to take the subject of Human Rights and attempt to wrestle with its clarity. The concept has been, since its more modern manifestation, as represented by the United Nations’ Uniform Declaration of Human Rights, heavily criticized for its being indeterminate, unclear, ambiguous, or somehow not fully understood. Despite the concept’s incredible moral potential, the extent to which this potential can be realized is determined by the concept’s intelligibility and defensibility—both of which are affected by the concept’s being understood to a sufficient point. Given Human Rights’ moral potential to challenge the forces of evil in the world, …

Refugee Resettlement In Germany: An Analysis Of Policy Learning And Support Networks, Marianne Perkins

Undergraduate Honors Theses

The resettlement of refugees and asylum seekers in Germany since reunification in 1990 has been challenged by two peaks in asylum seeker applications in 1992 and again in 2016. From the 1992 peak, which was fueled by asylum seekers fleeing the former Yugoslavia, extensive research has already been conducted over the past thirty years. These studies have demonstrated the actual outcomes of these primarily Yugoslavian asylum seekers and refugees with these findings indicating legal and economic uncertainty having a detrimental effect even years after resettlement. Using Germany as a case study, this analysis aims to survey the available information in …

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …

The Blue State: Unrwa's Transition From Relief To Development In Providing Education To Palestinian Refugees In Jordan, Alana Mitias

Honors Theses

Often referred to as the “Blue State”–due in part to its association with the United Nations’ trademark blue branding–the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) has evolved since its creation in 1949 to become both a symbol of the Palestinian cause and an inimitable public service provider across its five areas of operation, especially in regards to education. In the Hashemite Kingdom of Jordan alone, the UNRWA education program educates more than 120,000 students in 169 schools with results comparable with, if not often superior to, Jordanian public schools.

The UNRWA regime …

How The Level Of Job Complexity Impacts The Gender Wage Gap Across Occupations, Zytlaly Magaña Corona

Electronic Theses, Projects, and Dissertations

The present study focused on unpacking the social and structural aspects of job complexity to better understand its effects on the gender wage gap. Previous research on the job complexity-compensation dynamic has primarily focused on cognitive complexity. Job complexity across occupations were examined using work activity data from O*NET and merging it with the Current Population Survey data sponsored by the U.S. Bureau of Labor Statistics (N=67,003). Results revealed that higher complexity jobs in this study yielded greater wage disparities across different occupations as predicted. Furthermore, physical activities and gaining knowledge from the Generalized Work Activities were the two most …

Life Through The Eyes Of An Undocumented Immigrant In The United States, Yesenia Torres

Electronic Theses, Projects, and Dissertations

This research project focused on how undocumented immigrants experience their lives in the United States, taking in mind the multiple barriers that prevent them from integrating into the community. This research project surveyed the California State University of San Bernardino School of Social Work students who work or engage with undocumented immigrants. A positivism paradigm research design was used to obtain quantitative data of participant's knowledge of immigrants' past and present experiences while living in the United States. The study's goal was to bring mental health awareness to the well-being and emotional experiences during the resettlement and acculturation of undocumented …

The Tangled Roots Of The Holocaust: An Analysis Of The Evolution Of Colonial Discourse Through The Prohibition Of Sexual Relations And Marriages Between Races, Bianka Adamatti

Electronic Theses and Dissertations

The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious …

Mental Health, Substance Abuse And Recidivism: Perceptions Of Key Justice System Stakeholders In Southern California, Tabari Zahir

Electronic Theses, Projects, and Dissertations

Despite the 2011 landmark decision of the United States Supreme Court ordering the California authorities to address prison overcrowding, the Golden State still faces significant challenges dealing with the size of its correctional population. Recidivism plays a preponderant role in slowing down the momentum toward overcoming relatively high rates of incarceration across the state. The purpose of this study was to explore the perceptions of key human services stakeholders about the intersection of three major challenges in the California criminal justice system: mental health, substance use, and recidivism. Embracing a continuum of care approach, this study ultimately attempted to explore …

Human Rights In The New Era? Tools To Increase Participation Of People With Disabilities In The Workplace: An Analysis Of Laws In Hungary And The United States, Renata Bedo

Maurer Theses and Dissertations

People with disabilities face obstacles related to negative attitudes or opinions, deeply rooted stigma, and stereotypes in the workplace and everyday life, which leads to their social exclusion. The cornerstone of new developments in disability studies, the human rights model of disability, recognizes this social problem and aims to provide a catalog of the human rights of people with disabilities. It introduces the concept of human dignity to disability law, the human rights based approach, and advances the concept of inclusive equality. The question of this thesis is whether the human rights model of disability can give appropriate guidance on …

Legitimacy, Flexibility And Administrative Law, Soochan Ahn

Maurer Theses and Dissertations

This dissertation reassesses the importance of flexibility in ensuring the legitimacy of the administrative state and argues how administrative law should accommodate the ever-growing agency discretion without sacrificing the legitimacy of the agencies. Flexibility results from an agency’s exercise of its interpretative power with statutory ambiguities and is the most significant ingredient of the modern administrative state. However, flexibility does not mean anything goes. There should be limits. The proper latitude of judicial review is the essential device that makes the administrative state legitimate. From the perspective of a traditional approach of U.S. administrative law, giving agencies flexibility evokes the …

Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire

Graduate Theses and Dissertations

Incarceration, especially in the United States, is deeply related to issues of racism, poverty, and citizenship. These particular experiences are the result of a history of biopolitical control affecting Black and brown communities and have a quintessential origin in enslavement. Those who are incarcerated are isolated, dishonored, and powerless as a result of the criminalization of race and poverty. These observations led to questions surrounding the particular impact families may have on the experiences of those who are incarcerated. Families of Incarcerated Loved ones, or FOILs, mediate incarceration through intentional socialization which has the potential to counteract the realities of …

Duality In Digital Discourse: The History And Future Of The American Public Forum, Nicholas Weaver

Honors Theses

From the onset of the republic, the liberty to speak freely and debate openly has stood guard and helped preserve all other American rights. While this concept has endured, the means by which it exists in society has changed immensely. As the public forum has evolved to fit the modern needs of the citizenry, political discourse has become less a defense against tyranny and more a chaotic space of conflicting opinions.

In the United States, privately-owned social media companies have grown at an unprecedented rate, yet lawmakers have been slow to exercise any authority to regulate these corporations. For public …

The Search For Truth: Legal Storytelling From The Psychological Perspective, Chloe Graves

Undergraduate Honors Theses

This thesis explored the roles of trust, bias, and narrative in legal storytelling and made suggestions for improving legal storytelling and avoiding bias and mistrust when telling and analyzing legal stories. This study was a background and literature review and synthesis of the role of narrative, trust and bias in both general and legal presentation. The current thesis integrated many diverse sources to create an overview of the development of these psychological aspects in the legal field and in legal presentation. The most relevant studies to the legal field and legal presentation were included for integration and synthesis. From the …

The Death Penalty In Mississippi: An Analysis Of Its History, Current Inmates, And Counties, Haley Kuhnert

Honors Theses

This thesis analyzes uses and prevalence of the death penalty in Mississippi through an analysis of the history, inmates and counties. To gather this information, I looked at the patterns of use throughout the history of Mississippi’s death penalty, the facts of all thirty-nine inmate’s cases, and the demographics of every county that has sentenced someone to death. The main findings are that the death penalty is applied arbitrarily between inmates because even cases with similar underlying felonies have different factual backgrounds that make them more or less heinous. A minority of counties have sentenced people to death. The majority …

China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron

Honors Theses

This paper examines China’s actions through the lens of the Genocide Convention to examine the whether the crimes of genocide are being committed against the Uyghur population. It contends that according to the Genocide Convention, China is committing genocide, and particularly through conditions, torture, and rape, against the Uyghur population. However, prosecuting a genocide in court would prove difficult due to China's laws and actions that can be used to defer accusations of genocide and problems with the Genocide Convention in the context of China and the Uyghurs.

‘Con Los Brazos Abiertos’: Venezuelan Migration And The Humanitarian State Under Ecuador's Moreno Administration, Madeline Cook

Honors Theses

In its 2008 Constitution, Ecuador enshrined radically inclusive principles of universal citizenship and legal protections for migrants, written in a moment of historic Ecuadorian emigration. Yet in the wake of the Venezuelan migrant crisis and President Lenin Moreno’s shift towards austerity, how has his administration (2017-2021) responded to the Venezuelan migration in policy and in political discourse? Through an analysis of legal documents including ministerial agreements, legislation, executive decrees, and the VERHU visa, this paper outlines a pattern of legal restrictions levied on Venezuelan migrants. Additionally, this paper employs a qualitative content analysis of the Moreno administration’s political discourse, including …

Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases, Kamali'ilani Theresa Elizabeth Wetherell

UNLV Theses, Dissertations, Professional Papers, and Capstones

There has been an average of approximately 3.9 death penalty exonerations annually in the United States since 1973 (DPIC, 2021). Wrongful convictions and executions constitute grave and irreversible errors. Studies show official misconduct is one of the leading causes for wrongful convictions and exonerations. Misconduct by police, prosecutors, and judges includes a wide range of behaviors such as coercing confessions, depriving rights to legal counsel, threatening witnesses, and concealing evidence. Operating under the due process model, the adversarial legal system is designed to detect and prevent any procedural violations of defendant’s rights, including official misconduct. Utilizing Packer’s (1964) due process …

Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh

Master's Theses

Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …

Code Ownership : Plagiarism And Use, Alexis Nicole Amore

Theses, Dissertations and Culminating Projects

Technology is moving at unmeasurable rates to that of law. Ownership rights and legality become harder to grasp distant theories. With community code-sharing and limiting language structures, when does code become plagiarized or entity-owned? The disciplines of Cyberlaw and computer science are used to provide a better understanding.

The Cyberlaw discipline explores how jurisdiction views cyberspace, source code, and source code’s placement within legislation. Due to cyberspace’s ever-evolving nature, litigation struggles to encompass the possibilities within it. Computer science delves into theory-based excursions that define the law’s shape in the cyber realm. It bolsters the possibility of implementing progressive legislation …