Law Commons^™

Punishing Black Bodies In Canada: Making Blackness Visible In Criminal Sentencing, Danardo Sanjay Jones

LLM Theses

This thesis explores whether and how criminal sentencing may provide an effective platform to address and remedy some of the structural violence that contribute to Black mass incarceration. Introducing race at sentencing represents an attempt to promote, at the back end of the criminal process, a discussion that is generally obscured at earlier stages. In critically assessing the merits of an explicit discussion about race, this thesis considers the “paradox of visibility”: in some contexts, a focus on Blackness operates to disadvantage African Canadians interfacing with the criminal justice system; while in other contexts, a refusal to focus on Blackness …

Girls, Who Run The World? Not Yet: An Analysis Of The Underrepresentation Of Women On Boards In Canada And The Underlying Theory Of The Regulation Thereof, Diana Christine Nicholls

LLM Theses

This thesis provides an in-depth analysis of the underlying theories of the regulation of the underrepresentation of women on boards. In particular, it focuses on the Canadian board gender diversity policy found in National Instrument 58-101F1. The theories justifying regulation of this issue are typically categorized into business case rationales and normative rationales. Through an analysis of the regulatory journey of the Canadian policy, it is argued that while securities regulators claim that the policy contained in NI 58-101F1 was rooted in business case rationales, it in fact arose from normative concerns. Not only that, but because of the policy’s …

With Great Advantage Should Come Responsibility: How The Territorialist Approach In Private International Law Maybe Overcome To Ensure Justice Is Done For Those Left In The Wake Of Canadian Business Abroad, Michele Dominique Lemieux Charles

LLM Theses

Conflict of laws rules in Canada bias toward taking jurisdiction over matters involving human rights or environmental abuse inflicted abroad, particularly when inflicted by Canadian corporations. Contrary to enumerated tests for jurisdiction, many Canadian courts have instead preferred a regressive state-centric/hyper-comity anchor in applying such tests to putative foreign plaintiffs. This Thesis argues this preference can be effectively understood using the lens and language of Pierre Bourdieu’s field theory as representing a habitus of the Canadian judiciary. In light of the habitus of the Canadian judicial field, and in order to encourage an interpretation of conflict of laws rules in …

Assessing Canada's Copyright Law In The Digital Context: Digital Locks, Open Licenses, And The Limits Of Legislative Change, Justice Ifeonukwu Ogoroh

PhD Dissertations

This dissertation examines Canadas copyright law reform in the information age. The overarching theme of my research underscores the importance of considering the purpose(s) of copyright law and the public interest while navigating the copyright law reform process. Additionally, I advocate that in regulating the influence of technology in the copyright system, the default approach should aim to objectively balance the interests of stakeholders to the extent possible. Ultimately, recognizing that stakeholders will continue to develop pragmatic responses to the changing landscape through private contracting and technological measures, I suggest that embracing regulatory pluralism is the most promising path towards …

A Comparative Study Of Judicial Safeguards In Relation To Investor-State Dispute Settlement, Pavla Kristkova

PhD Dissertations

ISDS is a relatively young and dynamic regime. It faces challenges for which other adjudicative systems, after centuries of development, have found solutions. In ISDS, fair rules and procedures are essential since ISDS is an adjudicative regime said to be based on the rule of law. The importance of complex and carefully crafted rules and procedural safeguards is underscored by the impact of ISDS on a wide array of parties and interests and by its encroachment on the powers of sovereign states affecting their populations. Yet ISDS is criticized as unfair and open to unacceptable appearances of bias due to …

Disability's Encounter With Legislation And Governance: Long-Term Care Homes In Ontario, Po Land Lai

PhD Dissertations

This dissertation is a comprehensive study of the new legal framework for the long-term care (LTC) sector (also known as nursing homes) in Ontario, Canada. The research sought to answer the following question: What are the potential implications for persons with disabilities of the changes made by the Government of Ontario between 2004 and 2018 to the legislation and governance of treatment, care and living circumstances within LTC homes? LTC is where many older women with disabilities and serious illnesses experience care. This study brings a gendered disability perspective to a public policy issue that is usually singularly associated with …

Regulatory Transgression? Drivers, Aims And Effects Of Money Laundering And Terrorism Financing Regulation In Pakistan, Ahmed Sanaa

PhD Dissertations

The harmonization of money laundering and terrorism financing regulation is a key feature of the contemporary global economy. Since 9/11 particularly, the remarkable growth of this field of regulation has been characterized by both scale and intensity. However, this drive towards regulatory convergence is puzzling: the efficacy of the regulation remains unproven while the content of the regulation poses significant challenges to both criminal justice systems and human rights frameworks. The corollary to these observations: who does the regulation benefit? With the understanding that all regulation is an expression of some interest/s, this study analyses the trajectory of this global …

Resisting Obsolescence: A Comprehensive Study Of Canada's Conflict Of Interest And Ethics Commissioner And The Office's Efforts To Innovate While Strategically Asserting Greater Independence, Ian Norris Kellner Stedman

PhD Dissertations

In 2017, Justin Trudeau become the first Prime Minister to be found in violation of Canadas parliamentary ethics laws. This incident alone demonstrated the need for a comprehensive study of the Canadian parliamentary ethics regime. The Conflict of Interest and Ethics Commissioner (COIEC) who administers this regime is broadly recognized as belonging in a category of parliamentary institutions called agents of parliament. The COIEC is the only one of nine such agents who denies that it should be categorized as an agent. Instead, the COIEC argues it is an Officer of the House of Commons a category that is heretofore …

A Corporative Theory Of Corporate Law And Governance, Phillip Granville Bevans

PhD Dissertations

This book investigates how a corporation, as a legal entity with certain specific attributes, but lacking human form, can take action in the “real world” of human activity. It contends that a corporation must take such action through, and by means of, an organization, both inside and outside its “corporate” legal limits, consisting of real individual persons and groups of persons. The corporation thus presents itself both as a legal entity assuming the legal form of a corporation and as a social entity taking the form of an organization. One form overlays the other. Those with whom it has legal …

Hryniak, The 2010 Amendments, And The First Stages Of A Culture Shift?: The Evolution Of Ontario Civil Procedure In The 2010s, Gerard Joseph Kennedy

PhD Dissertations

This dissertation investigates the effects of amendments to Ontarios Rules of Civil Procedure that came into effect on January 1, 2010 (the 2010 Amendments) and were subject to interpretation by the Supreme Court of Canada in a 2014 decision (Hryniak). Hryniak concerned summary judgment. However, the dissertation largely concentrates on the effects of Hryniak and the 2010 Amendments outside the summary judgment context, inquiring into whether Hryniaks call for a culture shift and the 2010 Amendments enshrinement of the principle of proportionality have had noticeable effects. It does this by analyzing three aspects of Canadian procedural law that were not …

The 2017 Tax Cuts And Jobs Act: Analyzing Its Financial Impact On Division I Universities, Judge Nash Mcwithey

Honors Theses

The Tax Cuts and Jobs Act has had a substantial impact in the United States since its inception in 2017. This tax code overhaul has had a profound effect on the way Division I universities operate their athletic department operations and fundraising efforts. By creating new channels of federal tax revenues and eliminating deductions, such as the “80/20” premium seating deduction that has been used by universities, athletic programs have already begun to see a shift in how they must operate. This modification is done in order to avoid any major repercussions from the new tax code. This thesis discusses …

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …

A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone

College Honors Program

This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun control is …

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 federal …

Restraints In Massachusetts Public Schools, Elyce Hall

Master’s Theses and Projects

The purpose of this research study was to investigate the moral and legal issues around physically restraining students in Massachusetts public schools. As Massachusetts law is written, the use of restraints on a student should be the last possible resort. However, this thesis used data on restraint use from the Massachusetts Department of Education and a survey of school administrators to gain a better understanding of the 38,994 student restraints that were used in 2016-2017 school year. Findings of this study include that Hispanic and African-American students were more likely to attend schools that used restraints than those that did …

Drug Courts And The Following Of The Federal Guidelines, Charles James Souza

Master’s Theses and Projects

During the 1980’s, drug offense were running high within the United States. The court system along with the police and other fields were forced to form other methods of dealing with offenders who have a substance abuse problem. In 1989, the first drug court in the United States was formed in the state if Florida. The idea was to create a therapeutic method to help those who are committing non-violent criminal acts due to their addiction. The goal of drug court was to get offenders the treatment they needed so they would not resort to criminal activity. Drug court personal …

Proceeding Without Consent: The Ethics Of Disregarding Patient Preference For Paternalistic Reasons, Nicholas Munsey

Undergraduate Theses and Capstone Projects

Within the last few decades, modern medical regulations have brought the practicing medical community to an unprecedented level of accountability. Laws and regulations governing the practice of medicine were once, at best, loosely enforced guidelines; practices such as experimental surgeries, dangerous health testing, end of life care, and treatment of mental illness were left comparatively unregulated. The introduction of patient rights and new standards for practicing have left the medical community with a novel dilemma: how might one approach a patient who, according to medical advice, is in need of treatment if that patient is unable to express preference or …

Examining Farm Bill Expenditures Over The Last Decade, Bailey Riggs

Agricultural Economics and Agribusiness Undergraduate Honors Theses

The American Farm Bill is a bill that is passed by Congress every five to six years. This legislation is omnibus, meaning it covers a wide variety of topics such as nutrition, conservation, rural development, crop insurance, and much more. This thesis will study the effectiveness of the allocation of funding covered in the Farm Bill, specifically Farm Bills from the last 12 years. This bill has a significant impact on farmers who need support from the government to remain profitable and continue their operation. This thesis will examine how shifts in funding can affect farmers growing crops, raising beef …

Capital Gains Tax Law And Policy In The U.S. And China: A Comparative Study, Chen Ye

Maurer Theses and Dissertations

This dissertation provides a review of tax theories, laws, and policies of the U.S. and China on taxing capital gains. Based on the review, I draw a comparative analysis of the two countries’ laws and policies and prescribe legislative options for taxing capital gains under the individual income tax law in China.

The dissertation contributes to both the Chinese literature and the U.S. literature: For China, this research takes upon an overlooked yet increasingly important issue in China’s individual income tax—the taxation of capital gains. Though the 2018 Individual Income Tax Law brought significant changes to the classification of individual …

Masterpiece's Equal Treatment Of The Religious And Expressive Freedoms Under The First Amendment, Hwi Won Kim

Maurer Theses and Dissertations

This thesis aims at examining the validity of free speech claims for religious exemptions on the one hand and reviewing the Masterpiece Court's holdings on the current complex entanglement of religious exemption theories, on the other hand; and finally, it also provides a possible suggestion for co-existing between two constitutional values without an all-or-nothing solution.

As to the free speech argument, the Court would likely decide that a compelled speech argument should succeed if, and only if, the vendor’s good or service is expressive under the Free Speech Clause. For a baker, the Court would protect making a custom cake …

Kontrata Dhe Pasojat Juridike Te Mos Zbatimit Te Saj, Ardena Rama

Theses and Dissertations

Kontrate quajmë pajtimin e vullnetit në mes të dy apo më shumë personave me qëllim të krijimit të efekteve juridike. Me kontrate konstituohen detyrimet. Me kontrate arrihet efekti i ndryshimit të një raporti detyrimor. Me kontrate arrihet efekti i shuarjes së detyrimit. Që të ekzisotj një kontrate duhet të përmbajë: pëlqimin e vullnetit; të ekzistoj objekti i kontraktimit; dhe të ekzistoj baza e kontraktimit. Raporti detyrimor është raport juridik ë mes të kreditorit ) i cili fiton të drejtën të kerkoj) dhe debitorit ( i cili merr detyrim ta përmbush një kerkesë). Kur debitori nuk reagon ndaj kërkesës se kreditorit …

Comprehensive Review Of Telehealth Law And Literature: Implications For Future Policy And Patients, Morgan Kristensen

Capstone Experience: Master of Public Health

PURPOSE: The purpose of this Capstone is to determine whether telehealth is effective at producing positive health outcomes, and what the current status of state telehealth law is in the United States and how can the law be changed to improve the implementation and use of telehealth services. METHODS: A literature review of PubMed was used to find articles relating to telehealth and its effectiveness. A law review of each state’s telehealth and telemedicine laws was conducted using Westlaw. RESULTS: The literature review uncovered that telehealth has the potential to produce positive health outcomes for a variety of conditions and …

The Role Of Guaranteed Sexual Education In Argentina And Its Influence In The #Abortolegalya Movement, Shannon Mcgovern

Undergraduate Theses and Capstone Projects

This paper focuses on the role the 2006 Sexual education law in Argentina has on the current #AbortoLegalYa #QueSeaLey movements. With the implementation of guaranteed, free sexual education for every student in Argentina, more individuals began wanting to have a say over their bodies. As more people learned about their reproductive rights, they also learned that they had the right to speak up and demand what they consider necessary. This paper focused on the Campaña national por aborto seguro, legal, y gratuito and their role on influencing both the current movement, and the 2006 passing of the sexual education law. …

Detention Of Asylum-Seekers: Comparison Of The Asylum And Detention Practices In United States And Sweden, Yuliia Pohorilets

International Studies (MA) Theses

Refugees are both an urgent humanitarian issue and the subject of much political debate in the U.S. and Europe. This research paper compares and contrasts the asylum process in US and Sweden. It analyzes the similarities and differences in their refugee policies and how asylumseeker rights are undermined or supported in the detention centers. The research discusses the historical origin of the contemporary asylum/immigration policies, international standards on detention, their implication, and key contemporary policy trends in US and Sweden. The selection of US and Sweden was not random. Both countries are highly influential in different ways in shaping global …

Reproductive Contracts: An Analysis Of Reproductive Treatments, A Critique Of Forms Of Informed Consent, And Prevention Of Circumvention Of Medical Tourism, Minsung Kim

Maurer Theses and Dissertations

The goal of the dissertation is to analyze reproductive medicine, criticize informed consent forms for receiving reproductive treatments, and imply prevention of circumvention of medical tourism. Most of all, the dissertation considers a theoretical approach regarding how we understand reproductive treatments. The dissertation divides reproductive treatments into sustainable and disruptive ones. Reproductive treatments referred to as sustainable ones have legally become pervasive after regulatory evaluations concerning safety, ethical, and legal concerns. However, a few reproductive treatments that are referred to as disruptive ones still have led to disputes regarding whether infertility couples can require and receive them for treatment. The …

Correlates Of Compliance In Community Diversion Programs: An Outline For Offender Characteristic Analysis, Emily O'Halloran

Criminal Justice

Restorative Justice Programs have become an increasingly popular alternative to incarceration. Two restorative programs that exist within the Capital Region of New York are discussed and used as a baseline. This paper will lay the framework for conducting an analysis of these types of programs in order to examine the individual traits offenders partaking in the program poses and whether they affect their likelihood of complying. The information needed to perform a meaningful statistical analysis is established, along with hypothetical potential outcomes.

Evolution Of United States Navy Amphibious Landing Doctrine During World War Ii, Jaedon A. Foreman

Honors Thesis

Leaving World War I and heading into World War II the United States Navy had to prepare for an unforeseen future on the open seas. After the attack on Pearl Harbor the United States was thrust into World War II and needed an effective amphibious landing doctrine to be able to counter adversary advances. This thesis covers the evolution of landing doctrine from the beginning to the end of World War II while highlighting the impacts that Operations Torch, Husky, Shingle, and Overlord had on the Navy's landing doctrine after the war.

From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark

College of Arts & Sciences Senior Theses

This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …

What Consumers Don’T Know They’Re Giving Away (Data And Privacy Concerns), Bayleigh Reeves

Marketing Undergraduate Honors Theses

The modern world leverages technology and information captured by it in ways the inventors of these technologies likely never imagined. Phones and other devices are gathering information about consumers in the background when they do not even realize it. Pew Research Center found that about 77% of Americans own a smartphone and 88% use the internet. This mass access to technology and information tracking raises many privacy concerns. Basic demographic information is being tracked as well as more in-depth information like shopping tendencies, financial information, and information about known associates. While most of this data is being used for marketing …

Cryptocurrencies: An Overview, Investment Investigation, Comparative Analysis, And Regulatory Proposals, Jacob Franzen

Theses/Capstones/Creative Projects

With cryptocurrencies moving out of obscurity and into the public eye, the initial purpose of this research paper is to provide the history of cryptocurrencies, to explain the complex workings in and around cryptocurrencies, investigate their investment potential, and to draw attention to their potential for misuse. To follow, the primary purpose is to create a platform on which to compare cryptocurrencies with more common mediums of exchange, analyze their current international regulatory climate, highlight their trends within influential nations, discuss their pending and future regulation, and provide personal proposals for additional regulation. Due to the complex nature of the …