Law Commons^™

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Schools As Geopolitical Spaces: Violence Against Education During The Bosnian War (1992-1995), Allyson Bachta

Graduate Doctoral Dissertations

Attacks on education have long been a feature of conflict, yet their strategic use by state and non-state actors remains underexamined. Despite global concern and growing documentation efforts by the international community, the motivations and patterns behind school attacks are not well studied. This project investigates the strategic use of such violence by Bosnian, Serbian, and Croatian state and non-state armed actors during the Bosnian War (1992-1995) and challenges the assumption that attacks on schools are simply collateral damage. Drawing from political and anti-civilian violence literature, this study situates schools as both symbolic and strategic geopolitical targets, targeted not only …

Hydrosocial Ocean Commons: Offshore Wind Energy In Oregon, Bryce Ashlyn Sprauer

Dissertations and Theses

The ocean has been culturally and legally conceptualized as a commons, a space of subsistence inherited by all. Enclosure or privatization creates overlapping jurisdictions of ocean space. The ocean is also the world's most significant carbon capture, absorbing billions of tons of anthropogenic carbon dioxide since the Industrial Revolution. Now, the ocean offers an additional opportunity to decarbonize energy production and reduce greenhouse gas emissions through 'new frontiers' of offshore wind technology; however, this potential is entangled within neoliberalism. Offshore wind is entering a fragmented legal landscape where the social-legal process of ocean jurisdiction remains contested. As the "new frontier" …

Effects Of Fasd On An Individual’S Life Trajectory, Peyton M. Enders

Master of Arts in Human Services

The consumption of alcohol has been in society for thousands of years. However, the discovery of the impacts of alcohol consumption while pregnant is something that is continuously being learned about. Controversy on the effects of alcohol while pregnant and the level of consumption throughout the last century alone has caused individuals to misunderstand the level of danger that it has on a child. Fetal Alcohol Spectrum Disorder is a multi-layer disorder that causes not only physical deformities but also a change in mental health and cognitive levels of an individual. Throughout any stage of pregnancy a consumption of alcohol …

To Protect And Survive: Acknowledging Adverse Childhood Experiences In Law Enforcement, Melanie Appleman

Master of Arts in Human Services

This literature review explores the influence Adverse Childhood Experiences (ACEs) can have on choosing a helping profession as well as their effect on law enforcement personnel and their ability to cope with occupational trauma. Law enforcement officers are routinely exposed to high-stress, high-risk environments which can exacerbate underlying trauma stemming from early life experiences. Officers with a history of ACEs may be more vulnerable to emotional dysregulation, hyper-vigilance, burnout, and substance abuse which can influence their decision making, relationships, and professional conduct potentially resulting in negative outcomes. Key themes include the identification of risk factors, the development of screening tools, …

Underlying Causes Linking Foster Care And The Criminal Justice System, Marcia D. Wheeler

Master of Arts in Human Services

This research expands on the ongoing statewide crisis within the foster care system that needs to be properly addressed to benefit future and current foster youth. Research has found a connection between foster care and prison, often referred as the “foster-care-to-prison-pipeline.” This study aimed to explore the impact of trauma experienced by current and former foster youth through a life course lens looking at crucial areas of development using a mixed methodology supported by theoretical theories that explored the connection between foster care and the criminal justice system. The results showed that current and former foster youth face many adversities …

Tradition, Critque, And The Modern Moral Lingua Franca: A Lutheran Articulation Of Human Rights Language, Christian B. Dollar

Doctor of Philosophy Dissertation

The language of subjective, individual rights has become the primary way of speaking about the rights and wrongs of human life together. Since the end of World War II, one subset of this language—that of human rights—has achieved a global influence. The various Christian traditions of the west have, in large part, adopted this language of human rights to articulate and supplement their assorted social teachings. Yet, the adoption of human rights language has been contested by a dedicated cadre of Roman Catholic and Protestant theologians concerned about the potentially anti-Christian implications inherent in the grammar of rights. Christian rights …

The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter

Student Theses

Prior research has established that mental health court programs play an important role in reducing recidivism and mental health symptoms of defendants. However, there is a lack of understanding of the stigma that justice-involved individuals may encounter upon release from mental health court into the community, and the extent to which the general public is aware of mental health court programs. The present study sought to address public perceptions regarding mental health courts, their efficacy, and their participants based on the awareness and availability of these specialized courts in two similar states (New York and New Jersey), one in which …

Comparative Analysis Of Copyright In Electronic Games And Its Impact On Personality Rights, Abhinaya R

Theses and Dissertations

In India and globally, the electronic gaming business is a rapidly growing and evolving sector both in terms of revenue as well as technological creativity. Over the last 20 years, the video game business has seen significant change. It has transcended borders and is no longer limited to a single or a few players played within a room. Modern video games, unlike their predecessors, include many distinctive visuals and other components are and closely compared to motion pictures.

Electronic games and their complexities present unique challenges to copyright law. In this research, the researcher explores and examines issues in the …

Evidentiary Practices In Arbitration: Need For A Minimum Framework, Krishnaja Olappamanna

Theses and Dissertations

Indian arbitration has emerged as a preferred method of dispute resolution, offering the benefits of flexibility, cost-effectiveness, and confidentiality over conventional litigation. Although this flexibility, more specifically in evidentiary matters, has brought procedural inconsistencies and uncertainties that detract from the enforceability of arbitral awards.

This is in line with Section 19 of the Arbitration and Conciliation Act of 1996, which prohibits arbitral tribunals from following the Indian Evidence Act of 1872 or the Code of Civil Procedure of 1908. While the provision allows procedural autonomy, it also brings with it an uncertainty in the evidentiary process of arbitrations, mostly when …

Enhancing Client Intake Efficiency In The Removal Defense Program: A Nursing-Led Quality Improvement Initiative, Johnny Linares, Julia Tran Ngo, Daniel Orea, Atheana Yadira Lopez

Master's Projects and Capstones

This quality improvement project focuses on optimizing the intake process for the Removal Defense Program at a nonprofit immigration legal office serving asylum-seeking clients. The existing intake relied on unstructured, phone-call-based intake interviews that gathered incomplete information, leading to inconsistent documentation, reduced efficiency, and significant client processing delays. A structured, multilingual, and multiplatform new-client admission protocol coupled with the implementation of a client-facing resource guide for waitlist clients were co-developed and implemented using the Lippitt Change Theory framework. Utilizing a mixed methods approach, the study involved staff interviews and observational assessments with staff members from the program. Baseline intake process …

More Than A Ramp: Rethinking School Design For Sensory And Cognitive Inclusion, Andrew Ho

University Honors Theses

This thesis advocates for the integration of the ASPECTSS framework, developed by Magda Mostafa, into legislative standards that would govern the design of educational environments that accommodate students with Autism Spectrum Disorder (ASD). Drawing on evidence from a case study demonstrating significant improvements in student behavior and overall satisfaction through ASPECTSS-based interventions, the thesis highlights the urgent need for these principles to move beyond voluntary adoption and rather, toward enforceable design mandates.

The ASPECTSS framework includes the seven following criterias; Acoustics, Spatial Sequencing, Escape Spaces, Compartmentalization, Transitions, Sensory Zoning, and Safety. This model provides a comprehensive and actionable approach to …

Improving Anxiety Screening In Active-Duty Military: Policy Recommendation For Implementing Ham-A Alongside Gad-7, Alex Judkins

Student Scholarly Projects

Practice Problem: Military personnel appear to be at increased risk for mood and stress-related conditions, such as anxiety and depression. These are frequently associated with traumatic brain injury (TBI), yet existing policies and practices may not fully capture this symptom complexity.

PICOT: For healthcare policymakers and providers (P), how does a policy review and recommendation for implementing the HAM-A screening tool for anxiety (I), compared to continued reliance on GAD-7 (C), impact the early identification and policy alignment for somatic and psychic anxiety management among active-duty military personnel (O)?

Evidence: Investigating psychological illnesses and their physiological manifestations in isolation fails …

Reopening The Past, Nadia R. Castillo

Theses/Capstones/Creative Projects

According to the Murder Accountability Project and Federal Bureau of Investigations, “nearly 340,000 homicides and non-negligent manslaughter cases went unsolved in the U.S. from the year of 1965 to 2021 alone” (FBI; 2021). Hidden in the corners of the Justice System are endless cases that go unsolved, untouched or just too long forgotten these crimes carry no answers, no justice, and no closure. For decades, many of these cold cases have been on a shelf collecting dust stalled by the limits of old outdated technology, limited resources, and insufficient evidence. A new era of forensic science is evolving every day, …

Dissecting The Heterogeneous Effects Of Opioid Prescribing Limit Laws On Pediatric Mortality: A Multidimensional And Negative Binomial Modeling Approach, Francine R. Vega

Dissertations and Theses (Open Access)

Opioid prescribing for children and adolescents continues to be a significant health crisis in the United States. Early naïve exposure to opioid prescriptions has been linked to later misuse, opioid use disorder, and death. In response to the crisis, many states have implemented opioid prescribing limit laws (OPLLs) aimed at reducing exposure to opioids. These laws vary widely in their approach, including differences in dosage restrictions, prescription duration limits, informed consent requirements, educational provisions, and whether they offer explicit protections specifically for minors. Despite their widespread adoption, there is limited understanding of how heterogeneity in legal regulations affects outcomes for …

Right To Work Laws – The Effects On Unionization With A Theatrical Emphasis, Jade A. Randle

Political Science Undergraduate Honors Theses

A look at the impacts that right to work laws may have on theatrical unions.

Deaf Faculty Members’ Experiences In Higher Education Institutions, Stephanie Proctor Horvath

Electronic Theses and Dissertations

Deaf faculty members bring diverse perspectives to higher education, yet their experiences remain underexplored in academic research. The critical first year of teaching can shape their career experiences, revealing both opportunities for growth and systemic barriers. The purpose of this study was to understand deaf faculty members’ experiences, focusing on their transition into academic roles, the accommodations provided in their workplaces, and the challenges they faced. This study employed a qualitative phenomenological design, utilizing semi-structured interviews with 15 Deaf faculty members, whose teaching experience ranges from 1 to 30 years. In the reflexive thematic analysis and AI-coding of this data, …

Judicial And Techno-Securitization Of Immigration: Narratives De Filosofia De Inmigracion Y Justicia, Mohammad Rubaiyat Rahman

Open Access Theses & Dissertations

In the thesis, I develop a philosophical account which is centered on immigration enforcement discrimination, surveillance and procedural justice. The thesis propounds two arguments. The first argument contends that the immigration enforcement of the United States (U.S.), including the use of surveillance technology, contributes to the structural injustice. The second argument is that the U.S. immigration surveillance and immigration enforcement should be qualified by procedural justice and constitutional democracy.

The thesis prioritizes the practice of the U.S. immigration policy, enforcement and how these promote structural injustice against non-citizens and citizens, specifically those who are Latinos living in the U.S.-Mexico borderlands. …

Criminogenic Risk Factors For Delinquency In Relation To The Custodial Parent: Incorporating Parent-Child Gender Dyads, Behavioral Control, And Support, Niko Noel Piña-Anastasiadis

All-Inclusive List of Electronic Theses and Dissertations

Juvenile delinquency tends to be higher in single-parent households (Kroese et al., 2021). Research investigating this phenomenon has found conflicting results on whether a juvenile has lower rates of delinquency with a custodial father (paternal hypothesis), custodial mother (maternal hypothesis), or whether gender is secondary to other factors. Similarly, some studies found that the interaction of the juvenile living with a same-gendered parent was associated with lower levels of delinquency. Further complications include how parental variables, such as behavioral control and support levels, may interact with the juvenile and custodial parent gender (Hoeve et al., 2009). The current study utilizes …

One Nation Under Guard, Everett T. Glynn

Master's Theses

The rise of segments of the labor force devoted to functions other than production has received increased scholarly attention, particularly pertaining to the robust deployment of the police and criminal justice apparat in the neoliberal era. Critical perspectives align the rise of the securitization of society with political and economic transitions that occur within the contexts of changes to social inequality and crackdowns on social movements beginning in the 1970s. In a theoretical construction of the emerging concept of guard labor, this thesis finds that robust societal deployments of a form of functional labor used to entrench social inequality has …

Varieties And Domains: A Syncretic Synthesis Of Law And Justice In India ( Including A Special Emphasis On Alternate Dispute Resolution), Amrith Bhargav B

Theses and Dissertations

From the abstract idea of Dharma that enabled the practice and sustenance of local custom and usage, law was defined without verbiage but in meanings and understandings. In the colonial age, law was constantly being defined and codified not just textually, but through projects of economies of politics, knowledge and power in a way that their transactional metrics produced social and cultural genres that changed India forever. In that state of play, lawyers and their associated players contributed to the emerging culture of power and dominance with their tool of making the law through cases and mainstreamed the colonial legal …

A Cancer Education Needs Assessment: Informing Middle-Aged Female Patients About The Relationships Between Obesity And Women’S Health Concerns In The Reproductive System, Breast, And Endometrial Health, Batul Mirza

MUSC Theses and Dissertations

Obesity significantly impacts women’s health, particularly among middle-aged women, by increasing the risk of hormone-sensitive cancers such as breast, endometrial, and reproductive system cancers. This study examines the educational needs of this demographic group regarding obesity-related cancer risks and explores effective intervention strategies. Obesity-induced mechanisms – hormonal imbalances, chronic inflammation, and insulin resistance – drive cancer susceptibility, emphasizing the need for targeted health education. The study employs a qualitative design, which includes interviews with subject matter experts (SMEs) and surveys of middle-aged women. The goal is to assess awareness, perceived barriers, and preferred learning methods. Findings suggest that with many …

Legal Feasibility Of Uniform International Commercial Intellectual Property Terms (Incoipterms) In International Trade Contracts By Modeling Incoterms, Seyed Mohsen Hasheminasab Zavare

LLM Theses

In today's global landscape, protecting intellectual property in international commercial contracts is of paramount importance. Addressing concerns and establishing clear terms for intellectual property protection is crucial due to the prevalence of infringements and varying interpretations. The International Chamber of Commerce (ICC) has taken a significant step by introducing Incoterms within the framework of international goods sales. These commercial terms play a major role in international trade law, extending beyond mere contractual regulations. On one hand, they reflect commercial customs, and on the other, they precisely define the rights, obligations, and duties of the involved parties to prevent disputes and …

Is It Time To Revive The Privileges Or Immunities Clause?, Hwi Won Kim

Maurer Theses and Dissertations

Is it time to revive the privileges or immunities clause?

I argue it is. But in a distinct way from what other legal scholars have suggested. Today, two ideas dominate discussion of the Privileges or Immunities clause of the 14th Amendment. First, the Supreme Court rendered it a nullity in the Slaughter-House Cases (1873). Second, any attempt to revive it, most prominently Justice Thomas's recent concurrence in McDonald v. City of Chicago (2010), necessarily means an abandonment of modern rights now protected by Due Process or Equal Protection. The first, in essence, argues the Clause is already dead, while the …

Going Gray Too Early? Effects Of Color On Facial Identification, Roman M. Pardo

Masters Theses (Archived)

This study investigated a possible bias in face-matching and ID-screening decision making- color incongruity (i.e., one face image presented in color and one in grayscale). Expanding on previous research, the 2x2 mixed methods experiment incorporated eye tracking measures (i.e., fixations). Participants N= 25 were randomly assigned to compare color or grayscale IDs (between groups comparison) to a 10 s color video of a person moving their head side to side. The task consisted of 2 practice and 48 face-matching trials with medium prevalence (MP, 24 match, 24 mismatch) presented as one of four pseudo-random and counterbalanced orders. Signal detection …

Breaking Barriers Exploring Guardianship & Public Administration Challenges Facing Egyptian Widows, Caroline Maher

Theses and Dissertations

This thesis examines the influence of guardianship policies and the administrative infrastructure on the well-being of widows' families in Egypt. Widows in Egypt encounter significant challenges in exercising their guardianship rights due to patriarchal norms, bureaucratic hurdles, inefficient systems, and limited access to information. These obstacles can negatively impact their children's well-being, as well as economic and social stability. Despite social media activism, calls for administrative reforms, and legislative debates, no changes have occurred. This study aims to conduct in-depth exploratory qualitative research to analyze the challenges and limitations of current guardianship policies and administrative systems affecting widows’ families in …

Egyptian Public Economic Policies Between The Supreme Constitutional Court And The State, Dina Sherif Abdelrahman

Theses and Dissertations

To fully understand the present, it is useful to trace the past. The relationship between the rule of law and economic development has been a significant topic in the literature. In the 1960s, it was believed that economic development required regulated markets in which the state played an active role. However, when it became evident that the state's involvement in the economy yielded few of the promised benefits, economic neoliberalism emerged. This involved the state withdrawing from the economy and allowing the market to take the lead. Still, the state must govern the institutional conditions necessary for the markets. These …

Psychopathy, Emotion, And Mock Juror Decision-Making, Bailey A. Hall

USF Tampa Graduate Theses and Dissertations

Research suggests that mock jurors impose harsher sentencing (including death sentencing) when defendants are described as psychopathic, but reasons for this are unclear. This preregistered study investigated the role of juror anger and cognitive biases (predecisional distortion [PDD]) in the relationship between defendant psychopathy descriptions and mock juror decision-making. In an online experiment, participants (undergraduates in a large Southeastern university [n=410] and a US Census-representative online sample [n=384]) reviewed case facts of a murder, were randomized to expert witness testimony of defendant psychopathy or control conditions and read the prosecution and defense arguments before sentencing the defendant to death or …

Practicality Of Implementing Sub-Clause 8.4 [Advance Warning] Of The Fidic 2017 Red Book In Egypt, Gehad Ibrahim

Theses and Dissertations

Disputes in construction projects can cause cost and time overruns that can be detrimental to the parties involved and to the project. Several measures have been advocated by the industry’s practitioners in an attempt to avoid disputes and their adverse impacts. One of these measures is the introduction of advance warning sub-clauses in construction contracts, where the contracting parties play a proactive and collaborative role in warning each other of potential adverse impacts to the project. Such clauses have been in the NEC suite of standard construction contracts for decades and have recently found their way to the 2017 edition …

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …