Law Commons^™

Measuring The Impact Of Residency Requirements And The Relationship With The Citizens In The Community, Daniel Villa

College of Education Theses and Dissertations

Community policing is best described as how police departments work together with the community in solving problems. In several major U.S. cities, police departments have changed their residency requirements allowing their officers to reside outside of the municipality in which they are employed. One can assume that officers residing outside the community they serve may not have a high level of engagement in the area in which they work. The current movements to defund police departments led by politicians and members of various communities would imply that residing outside of the municipality in which officer's work would have no impact, …

How Indigenous-Language Court Interpreters And Clients Navigate The U.S. Court System Under Strict Court-Interpreting Guidelines, Ashten Lehwalder

University Honors Theses

In Oregon, requests for court interpreters of languages indigenous to Latin America have increased within the last few years. However, the number of available indigenous-language court interpreters in the U.S. remains low. During the 2019 U.S.--Mexico Border Crisis, many refugees seeking asylum were from Mayan communities; indigenous-language court interpreters struggled to meet the demand. Even though court interpreting is a civil right in the U.S., many individuals have been afforded inadequate language services, or have gone without interpreters altogether. This study seeks to understand the experience of indigenous-language court interpreters, who must operate according to a code of ethics, through …

Courageous Endurance: The Lived Experiences Of Trans Folx And The Criminal Legal System, April Carrillo

Sociology & Criminal Justice Theses & Dissertations

The field of criminology and criminal justice have widely ignored the experience of being a trans person and interacting with the criminal legal system, despite the reality that trans folx experience discrimination and harm at the hands of criminal legal practitioners. This dissertation explores these experiences, as well as how trans folx navigate a myriad of other issues to include their identity and institutional discrimination. Trans folx are not guaranteed many protections or rights in the United States which leaves them at an especially vulnerable position when entering the criminal legal system. Essentially, trans folx are forced to navigate a …

The Strategic Impact Of China's Artificial Islands In The South China Sea And Their Influence On U.S. And China Relations, Steven Roy Ma

All Student Scholarship

This is an integrative literature review of various perspectives of different authors of previous scholarly articles discussing the impact of China’s artificial Islands in the South China Sea and how it affects U.S. China relations in the region. This research covers a range of parameters surrounding how the artificial islands were made and how they affect the overall security of naval operations and will also discuss international waterway rights within the South China Sea, one of the World’s biggest trading routes. A review of current events in the region is discussed highlighting the potential powder keg that could explode and …

Legal Research & Writing: An Undergraduate Pre-Law Course Design, Rachel Kathleen Strieber

Senior Theses

The purpose of this project-based thesis is to develop an undergraduate pre-law course that teaches legal research and writing (LRW) and to design its respective description, topics, reading materials, sample syllabus document, and a sample lesson plan. The research portion of this thesis will study the pedagogy of LRW and the connection between LRW skills and the students’ success in law school and careers in law. Preparing students to excel in LRW skills prior to law school through the proposed undergraduate pre-law LRW course will yield a stronger performance in a first-year law LRW course to follow and amplify students’ …

A Case Study Of Private School Choice And Education Litigation In South Carolina: Safe Grants And Adams V. Mcmaster (S.C. 2020), Lyndsey Katherine Ebener

Senior Theses

The ideology behind private school choice endures in South Carolina. Arguments for parental choice have resurfaced periodically throughout the state’s history, particularly in moments of “crisis.” The current “crisis” moment is the COVID-19 pandemic, which created a perfect storm for the private school choice movement to gain momentum. When Governor McMaster received South Carolina’s emergency education relief funds, he capitalized on this movement with his proposed SAFE Grants program. His intention was for the SAFE Grants program to provide support through one-time tuition grants to low-income families who have children in private schools. Governor McMaster’s announcement incited an overwhelming media …

ضمان مطابقة المبيع للمواصفات في عقد البيع الالكتروني – دراسة مقارنة, عفراء جمعة سالم معلا

Theses

يتناول هذا البحث دراسة موضوع ضمان مطابقة المبيع للمواصفات في عقد البيع الإلكتروني، والذي أفرزته التجارة الإلكترونية والتي هي أحد استخدامات الإنترنت وتعني بالأعمال\ التجارية التي تتم بين المتعاقدين عن طريق التبادل الإلكتروني للبيانات، وقد أتاحت هذه التجارة العديد من المزايا فقد أصبح من الممكن لرجال الأعمال تجنب السفر والإنتقال من بلد إلى آخر للقاء بشركائهم وعملائهم وأصبح بمقدورهم توفير الوقت والمال من أجل الترويج للمنتجات والخدمات.

ولا يخفى على الباحثة أن مجال التجارة الالكترونية هو مرحلة جديدة على رجال القانون، كما أن القوانيين الحالية ليست كافية لمواجهة هذا الوليد الجديد في مجال العلاقات التجارية الدولية، وإزاء هذا الوضع التشريعي …

أحكام المسؤولیة القانونیة للروبوت الطبي, زینب مسعود علي

Theses

تعتبر الروبوتات الطبیة من أحدث تقنیات الذكاء الاصطناعي، والتي یتم استخدامھا في العدید من المجالات الطبیة كروبوتات الرعایة الصحیة التي تعتني بكبار السن أو المعاقین، والروبوتات الجراحیة التي یتم استخدامھا في العملیات الجراحیة. وتثیر الروبوتات الطبیة العدید من الإشكالیات القانونیة، منھا ما یتعلق بالجوانب الأخلاقیة ومنھا ما یتعلق بالجوانب الاجتماعیة، والمسؤولیة عن الأخطاء الطبیة التي تسببھا الروبوتات.

وعلیھ یسلط ھذا البحث الضوء على موضوع الروبوتات الطبیة، والنظام العام والإطار القانوني لھذه الروبوتات والمسؤولیة المترتبة علیھا. ویعرض ھذا البحث للإطار القانوني الحالي لروبوتات العنایة الصحیة والروبوتات الجراحیة، وإسقاطھا على قانون المسؤولیة الطبیة في دولة الإمارات، والبحث في الطبیعة القانونیة والأساس القانوني …

التنفیذ على الأموال المنقولة المرھونة (( دراسة تحلیلة وفقا للقانون الاتحادي رقم (4) لسنة 2020 في شأن ضمان الحقوق في الأموال المنقولة و قرار مجلس الوزراء رقم ( 57 ) في شأن اللائحة التنظیمیة للقانون الاتحادي رقم ( 11 ) لسنة 1992 بشأن قانون الإجراءات المدنیة, مھا یوسف یعقوب علي الحوسني

Theses

تتناول ھذه الدراسة التنفیذ على الأموال المنقولة المرھونة وھي دراسة تحلیلة بین كل من قانون اتحادي رقم ( 4) بشأن ضمان الحقوق في الأموال المنقولة و قرار مجلس الوزراء رقم (57 ) في شأن اللائحة التنظیمیة للقانون الاتحادي رقم ( 11 ) لسنة 1992 بشأن قانون الإجراءات المدنیة، وحیث تبینّ من خلال ھذه الدراسة أن ھناك نوعان من التنفیذ ھما التنفیذ دون اللجوء إلى المحكمة والتي تحتوي على التنفیذ بتملك أو بیع الضمانة (المال المرھون) وذلك دون تقدیم طلب لمحكمة التنفیذ ویكون باتفاق كل من المضمون لھ (الدائن المرتھن) والضامن (المدین الراھن) وھذا وفق ما جاء بھ قانون ضمان الحقوق …

Anti-Anarchist Legislation And The Road To The 1919 Red Hysteria, Evan Crumb

College Honors Program

In my thesis, I connect anti-anarchist legislation from the early 1900s with the excesses of the 1919 Red Scare. I tie the actions of anarchist leaders Emma Goldman and Alexander Berkman to legislative responses, which were then weaponized after the hysteria of the Russian Revolution culminating in the deportations of 249 Russian “radicals” on the Soviet Ark. I find that the Supreme Court’s legal interpretation of the 1903 Immigration Act’s anti-anarchist provision in Turner v. Williams (1904), and the 1902 Criminal Anarchy Act in Gitlow v. New York (1925) were rational—understandable—within their legal and social context.

My legal history bridges …

Influence Of The Federal Government On The Diffusion Of Victims' Rights State Constitutional Amendments, Vicki Rose Jeffries-Bilton

Dissertations and Theses

This dissertation examines the factors associated with the diffusion of state constitutional victims' rights amendments across the United States in the twenty-year period of 1982 to 2001 to understand the impact of the federal government on state constitutional change. Because each branch of the federal government took prominent actions in the area of victims' rights on the national policy stage during this era, it is important to know whether these actions influenced policy change at the state level. This dissertation examines whether one form of prominent federal action, the president's use of rhetoric to acknowledge support for victims' rights, influenced …

Fighting Climate Change With The Charter: An Inquiry Into The Effects Of Litigating The Right To A Healthy Environment, Kevin Patrick Berk

LLM Theses

This thesis examines whether the litigation of the legal right to a healthy environment can adequately advance the values of its supporters. This question is answered through examining scholarly arguments in favour of the right, promotional material from Environmental Non-Governmental Organizations (ENGOs) litigating the right, court documents, as well as the results of a select number of interviews with senior members of Canadian ENGOs. It is ultimately argued that the intervention of lawyers and the interpretation of judges will narrow the intended scope of the right. Additionally, it is argued that the act of choosing to litigate implicitly affirms the …

Access To Environmental Justice: Ngo Environmental Advocacy On Mining-Related Environmental Issues In Mongolia, Ulziilkham Enkhbaatar

LLM Theses

In this thesis, I apply the theory of environmental justice to determine how NGOs use substantive and procedural environmental rights to advocate for mining-affected nomadic communities in Mongolia. Environmental NGOs often possess legal and scientific expertise pertinent to resolving and mitigating environmental risks and demanding justice for environmental damages on behalf of the mining-affected local communities. Based on the environmental justice theories, I have constructed a theoretical framework to examine how NGOs access and implement environmental justice tools, both domestically and internationally. Using a multi-methods research approach, including documentary analysis and qualitative interviews with NGO experts and lawyers, I was …

The Regulation Of Paralegals In Ontario: Increased Access To Justice?, Lisa Danielle Trabucco

PhD Dissertations

The legal profession throughout most of Canada enjoys the privilege of self-regulation and a (purported) monopoly over legal practice. In Ontario, the Law Society must regulate so as to facilitate access to justice and protect the public interest. Critics argue that self-regulation is anti-competitive it allows the profession to control the market for legal services, increasing the cost of services and restricting access to them and serves professional interests over the public interest. The Ontario government introduced paralegal regulation to enhance access to justice. Regulation would increase consumer choice and the competence and affordability of non-lawyer legal service providers. The …

Regional Economic Community Courts And The Advancement Of Environmental Protection And Socio-Economic Justice In Africa: Three Case Studies, Rahina Bukar Zarma

PhD Dissertations

Focusing on three regional economic communities (REC) courts in Africa that nevertheless possess a human rights jurisdiction i.e. the Court of Justice of the Economic Community of West African States (the ECOWAS Court), the East African Court of Justice (the EACJ), and the Southern African Development Community Tribunal (the SADC Tribunal) - this dissertation investigates the relationships among the RECs, states, activists and the courts themselves, as producing and framing the specific conditions under which environmental protection and socio-economic justice in the region in Africa are either advanced or stifled. The dissertation discusses the ways in which the mandates and …

Refugee Camps: In Search Of The Locus Of The Accountability Of The United Nations High Commissioner For Refugees (Unhcr) Under International Law, Zachary Lomo

PhD Dissertations

In this dissertation, I investigate the question how, and to what extent, can the office of the United Nations High Commissioner for Refugees (UNHCR) be held accountable, under international law, for its contribution to the harms to the environment and lives of refugees resulting from refugee encampment in refugee camps that it helps create, fund, and manage? Using data from primary and secondary sources and borrowing from certain theoretical paradigms and schools of thought, I theorise about the policy-context; the decision-making processes that produce refugee encampment; the locus of accountability for the injurious consequences of refugee encampment in refugee-hosting states …

Self-Determination As Resistance To Legal Violence: Jurisdiction, Property, And The Geographies Of Conflict In Unistoten And Xolobeni, Daniel Luke Huizenga

LLM Theses

Indigenous peoples struggles of the right to self-determination are often framed as claims against a unified state. However, explanation of the forces inhibiting the expression of Indigenous self-determination should not settle with an understanding of the imposing power of the state. As I show, the realization of self-determination is undermined by the cumulative effects of legal practices and knowledges that contribute to the division of collective autonomies and disruption of their governance practices. In this transnational and comparative work on the emerging right to consent to resource extraction in South Africa and Canada, I argue that we might understand these …

Lawyering From Below: Activist Legal Support In Contemporary Canada And The Us, Irina Ceric

PhD Dissertations

A vast literature has considered the proactive use of law as a tool by progressive social movements, but far less attention has been paid to the way activists respond to involuntary engagement with law as a result of repression and criminalization. This dissertation explores the legal support infrastructure of grassroots protest movements in Canada and the US by tracing the evolution of contemporary activist legal support through two periods. The tactic of jail solidarity and an emerging legal collective model are highlighted as the key features of the global justice organizing era (1999-2005) while in the second age of austerity …

Epistemological Justice In Strategic Challenges To Legislation Under Section 7 Of The Canadian Charter Of Rights And Freedoms, Dana Erin Phillips

PhD Dissertations

This dissertation responds to two recent developments in the landscape of Canadian constitutional litigation. First, the advent of the Canadian Charter of Rights and Freedoms has invited a wave of strategic constitutional challenges directed at systemic social reform, including many cases aligned with progressive social justice goals. Second, the focus of Charter litigation has shifted from legal interpretation and argument to the consideration of extensive evidence pertaining to social and legislative facts. The recent successes of a number of strategic Charter challenges to legislation brought on behalf of marginalized communities and involving voluminous evidentiary records suggests that the above developments …

Economic Moat: A Line Of Defense For The Defense Industry, Karina M. Fernando

Theses and Dissertations

Defense contractor financial performance is traditionally measured using accounting profit. In academic literature, accounting profit has been proxied through different applications of accounting rates of return. However, the use of these rates pose certain limitations. First, accounting rates of return have been applied inconsistently. Next, academic research has not typically assessed accounting returns against a firms opportunity costs. As a result, there is a literature gap in defense research that assesses whether defense contractors earn sustainable returns beyond the cost to produce those returns.

An Empirical Analysis Of Dod Construction Task Order Performance, Adam B. Teston, Tyler S. Stout

Theses and Dissertations

Cost and schedule overrun plague over 50 of all construction projects, engendering diminished available funding that leads to deferred maintenance and impaired award ability for needed projects. Though existing research attempts to identify overruns sources, the results are inconclusive and frequently differ. Accordingly, this research reviews DoD construction contract data from the past ten years to identify the contract attributes of 79,894 projects that correlate with superior performance for use in future project execution. This research starts with creating a database that houses the largest single source of construction contract information. The research then evaluates the data to determine if …

Subcontractor Claim Management And Dispute Resolution Methods In The State Of California Versus The Province Of British Columbia: A Case Study, Harrison A D Grant

Construction Management

In the construction industry, discordance between what is expected versus what is delivered often arises. This disparity is commonly handled using informal negotiation. However, if negotiations fail, then claims and disputes often emerge. Issues involving scope of work, change orders, schedule, and payment can lead to conflicts. Companies try to employ the best alternative dispute resolution method to settle subcontractor claims and disputes without the need for litigation. Speaking with construction professionals in California and British Columbia, a difference in opinion exists as to which method is considered most effective when dealing with subcontractor claims and disputes. In California, the …

Discrimination Against People Of Color In America’S Cash Bail System, Dolores Yanez

University Honors Theses

The purpose of this thesis is to describe how the current bail system in America is discriminatory and unjust for people of color (POC). The American criminal justice system is represented as a system run by procedural justice, which entails government officials being genuinely concerned about the fairness and transparency of the process by which decisions are made. This presumes that every American will be treated with the same respect and dignity, and that they will be given the same opportunities regardless of their socioeconomic status, racial or ethnic backgrounds. America’s cash bail system and its impact on people of …

The Impact Of Corporate Governance On The Continuity Of Family Businesses In Saudi Arabia, Saad Abdulmohsin Alrowaished

Maurer Theses and Dissertations

In small villages, in cities booming with commerce, in remote fishing communities, and massive marketplaces, in tropical destinations, and in corners of the globe few have ever visited, one is always able to find family businesses. From small wares being sold to neighbors, to huge corporations with billions in assets, families hold and always have held a segment of the global market that cannot be ignored. While family businesses have existed throughout history, legal advice and governance specifically geared toward them, which holds the success of the family business at the center of the laws, has never been a focus …

Roadblocks Of Retribution: The Problems With Internationalized Criminal Tribunals As A Mechanism For Reconciliation, Elizabeth Anne Weinman

Senior Theses

Since their inception, scholars have questioned the efficacy of internationalized criminal tribunals, or ICTs. ICTs are a tool for the international community to deal with and punish perpetrators of atrocities. More recent ad hoc (or ‘as needed’) tribunals, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Court for Sierra Leone (SCSL) also stated goals beyond the retributive justice of punishment; they sought to promote reconciliation. I examined why these courts were ultimately unable to promote reconciliation. Through an analysis of the histories, formation, and implementation of the ICTY and SCSL, I found that these …

The Role Of Perceived Warmth And Competence In Civil Trials With Corporate Litigants, Alexander C. Jay

Dissertations, Theses, and Capstone Projects

Corporations are involved in approximately 40% of all civil litigation (Langton & Cohen, 2008), yet there is much to be learned concerning how jurors make decisions in trials involving corporate litigants. Mock juror research suggests that for-profit corporations are treated more harshly than other defendants, such as non-profit corporations and individuals (e.g., Hans, 1998). This discrepant treatment of for-profit corporate defendants might be linked to unmitigated stereotypical perceptions of them being low in warmth (i.e., likely to have immoral intentions) but high in competence (i.e., likely to be capable of acting on those intentions; Aaker et al., 2010). Research shows …

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …

المسؤولیة المدنیة عن عملیات نقل الدم: دراسة في القانون الإماراتي, میساء نصري فتح لله الدقاق

Theses

تتناول ھذه الدراسة ما ینتج عن نقل دم ملوث للمتبرع بالدم أو للمریض المتلقي للدم، ونشوء المسؤولیة المدنیة الطبیة على المتسبب بالخطأ سواء كان صادرا من مركز نقل الدم، أو المستشفى، أو الطبیب ومساعدیھ. حیث تناولت ھذه الدراسة الأساس القانوني لعملیة نقل الدم بنظریاتھ الثلاث. وما ھي طبیعة التزام الطبیب في عملیة نقل الدم. ثم توضیح الخطأ الطبي في عملیة نقل الدم بالنسبة لجمیع الأطراف المسؤولیة عن ذلك، والضرر الذي قد ینتج عن عملیة دم ملوث، والعلاقة السببیة بین الخطأ في نقل الدم والضرر. وتطرقت الدراسة لآثار المسؤولیة المدنیة عن عملیات نقل الدم من تعویض ومدى تغطیة التأمین من المسؤولیة …

Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization, Omar El Menshawy

Theses and Dissertations

Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfaction or dissatisfaction of the government with the courts and the judicial decisions. This paper argues that the government posses the upper hand in dealing with the judicial influence in economic issues in Egypt. The paper scrutinizes the transformation in the judicial attitude towards government economic policies. Specifically, the paper demarcates …

The Utilization Of The Rule Of Law For Economic Development In Developing States: The Case Of Egypt From Nasser To Mubarak, Mohamed M. Ahmed

Theses and Dissertations

Neoliberal development proponents argue that the rule of law is essential for achieving economic development. It demands adjusting legislative and legal institutional practices to enforce and protect market operations, and the minimizing of state intervention. The IFIs and the developed states adopted this development approach in dealing with developing states through conditional-based lending. Through attaching structural regulative adjustments and the reformation of juristic institutions as preconditions to their fiscal assistance, the IFIs, influenced by the developed states, were able to impose a system of legal economic governance over the developing economies. Across the different development stages, developing states who did …