Law Commons^™

A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali

Theses and Dissertations

This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …

The Sealed Palace: How Direct Access To The Supreme Constitutional Court Can Bridge The Gaps In Constitutional Review In Egypt, Ahmed Sameh Fahmi

Theses and Dissertations

This thesis examines the limitations of Egypt’s current constitutional review system and argues for the introduction of a direct access mechanism to the Supreme Constitutional Court (SCC). Under Egypt’s centralized model of judicial review, individuals are restricted to indirect access through ordinary courts, which has resulted in significant procedural and substantive inefficiencies. The referral-based mechanism of judicial review of legislation has caused delays in adjudicating constitutional claims, the insulation of certain laws from review, legislative omissions, and excessive gatekeeping by lower courts. Through a comparative analysis of direct access models in Colombia, Germany, Turkey, and South Africa, the thesis identifies …

Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide, Madison Bryant

Undergraduate Theses, Capstones, and Recitals

This thesis examines the relationship between human trafficking and genocide, arguing that when trafficking is used with the intent to destroy a targeted group, it should be understood and prosecuted as an act of genocide. While international law traditionally treats genocide and human trafficking as distinct crimes, historical and contemporary evidence reveals significant overlap in their mechanisms, motivations, and outcomes. Through a thematic analysis of three case studies, this research demonstrates how trafficking has been systematically employed to further genocidal objectives, including displacement, exploitation, cultural erasure, and the destruction of communities. The case studies are the genocide of Indigenous peoples …

Did Dobbs Reduce The Supreme Court's Legitimacy?, Ava Steinmetz

University Honors Theses

This thesis examines the impact of the Dobbs v. Jackson Women’s Health Organization decision on public perceptions of the Supreme Court's legitimacy. Over the two decades preceding Dobbs, the Roberts Court had already become the center of intense debate over judicial impartiality, driven by an increasingly politicized series of high-profile rulings. Dobbs generated an unprecedented level of media attention and partisan commentary. Employing a mixed-methods approach, this study combines longitudinal analysis of national survey data on trust and confidence in the Court with content analysis of editorial and scholarly reactions before and after June 2022. Findings reveal a statistically …

Examining The Impact Of Legalized Sports Gambling On Ncaa Athletes' Welfare And Game Integrity, Reem Al Jaradi

University Honors Theses

This thesis examines the effects of legalized sports gambling on NCAA player welfare and the integrity of competition through a mixed-method analysis of NCAA reports, academic literature, and media sources. Data disclose that although the overall prevalence of gambling among student-athletes has decreased, these individuals are demonstrating more detrimental behaviors, including solitary gaming and incurring substantial losses in a single day. The emphasis on internet abuse associated with betting results has escalated, especially during prominent tournaments. The NCAA's instructional programs and data-monitoring agreements are compromised by ethical issues surrounding data monetization and varying state gambling rules. The research contends that …

Hollow Choices: The Choice Neighborhood Initiative (Cni) And The Performance Of Participation, Lena Kufferman

Geography Undergraduate Senior Theses

Since HUD Secretary Henry Cisneros' pledge in 1995 to “end public housing as we know it, ” the United States has seen the rapid depletion of public housing stock. Alongside this mass demolition, a new redevelopment paradigm emerged: a community-oriented planning model that requires resident participation. HUD’ s shift toward participatory planning began with HOPE VI in 1992, which sought private investment to demolish public housing, and was formalized in 2010 through the Choice Neighborhoods Initiative (CNI). This thesis examines a CNI planning phase—a stage overlooked in existing scholarship, which largely stresses post-occupancy outcomes like displacement, (im)mobility, socioeconomic integration, and …

Examining County-Level Implicit Stereotypes And Prejudice As Predictors Of Racial And Gender Disparities In Incarceration Across The United States, Emma Elizabeth Lee Money

Dissertations and Theses

Background: This dissertation investigated the role of local macropsychological factors - specifically, county-level implicit racial bias and implicit gender stereotyping - in shaping inequalities in incarceration across the United States. Despite overall declines in incarceration, trends in the incarceration of women and people of color (particularly Black women) show disparities compared to White men. Regional aggregations of implicit biases have been proposed as robust markers and drivers of systemic inequalities and are examined in current research.

Research Questions: Three overarching research questions (RQ) guided this dissertation: RQ1 tested the relationship between county-level implicit racial bias and proportions of Black (relative …

Codifying Capital: Legal Power, Racial Hierarchy, And The Gendered Dynamics Of Law, Tavia Andrew

University Honors Theses

This paper analyzes how law operates as a structuring force within racial capitalism by applying Austin Turk's "law as power" framework. It explores how legal institutions not only reflect but actively reproduce racial and gender hierarchies through their functions. Drawing from foundational work by Cedric Robinson, W.E.B. Du Bois, Angela Harris, Kimberlé Crenshaw, and others, this paper defines racial capitalism as a system in which economic exploitation is inseparable from racial and gender domination. The first section contextualizes the emergence of racial capitalism and its intersection with gender, emphasizing how bodies are commodified and governed through legal regimes. The core …

Latino Threat Perceptions And Immigration Attitudes: An Examination Across Generations Of Latinos, Michelle Angel

Dissertations and Theses

Recently, immigration has been a major focus in U.S. politics, more importantly with the current administration pushing for the implementation of punitive immigration policies. Research shows that perceived Latino threat is associated with support of Trump and harsh border controls. While existing research has expanded the perceived Latino threat and punitive border control attitudes among non-Latinos, less is known about how perceived Latino threat and punitive border control attitudes function within their own group and how they might vary across different generations of Latinos. Accordingly, there has been a shift in Latino voting preferences, specifically across different generations of Latinos. …

Analyzing Copyrightability Of Ai-Generated And Assisted Works Under A New Theory Of Authorship, Katherine Lu

Journalism

While pending cases like the New York Times’ case against OpenAI will be the first test for artificial intelligence (AI) in the copyright space, current copyright legislation inadequately answers questions regarding grey-area uses of generative AI in the creation of journalistic, creative, or academic works. The Copyright Office has established that copyright requires human authorship, but current legal definitions of authorship may include simple prompt writing as a form of authorship. This paper addresses the inadequacies of the current definitions of authorship, and proposes a new one that encompasses traditional definitions, the Copyright Office’s new motions addressing AI, and Christopher …

Punitive Desire, Belief In Redeemability, And Support For Rehabilitation: A Comparison Of Victimized And Non-Victimized Individuals' Attitudes Toward Criminal Offenders, Caleb Linder

Student Theses

This study examined the attitudes of victimized and non-victimized individuals toward criminal offenders, investigating whether the supportive attitudes observed in Spoo et al. (2018) extend beyond sexual offenses to other types of crime. The study also explored how the perpetrator’s relationship to the victim (family member vs. stranger) and participants’ previous exposure to the justice system influenced their perceptions of offenders. Contrary to our hypothesis, punitive attitudes did not differ between participants with a history of victimization and those without. Additionally, there was no significant difference in punitive attitudes toward stranger offenders compared to offenders known to the victim. Furthermore, …

Assessing Illegal Take Of Sea Turtle In Bocas Del Toro, Panamanian Caribbean, Daniela Carolina Rojas-Cañizales

Theses and Dissertations

In Bocas del Toro, Panama, sea turtles were exploited for generations to supply local, national, and international markets. Today, sea turtle species are globally protected by different laws, and Panama is no exception. However, the use of sea turtles in Bocas del Toro and local perceptions regarding the consumption of these reptiles are unknown. Accordingly, during May of 2024, I conducted twenty-five semi-structured interviews with key informants selected by targeted and snowball sampling. Sea turtle consumption persists, and there is a clandestine network to sell turtle meat and derived products in Bocas del Toro. This study provides the first assessment …

Contract Quality Feature Extraction Using Llm, Aaron C. Washington

Theses and Dissertations

This study explored the potential insights generated from linguistic complexity measurements and large language model (LLM) based assessments on the quality of contract documents. By combining structured True/False prompts with log-probability analysis and ambiguity scoring, the study introduced novel contract-quality assessment methods. Results support a feature-driven approach to contract evaluation, one that offers automated, scalable insights for triaging risk and improving drafting practices. These assessment methods contribute to the growing field of legal natural language processing by offering modular tools for effective contract analysis.

Belonging Against The Odds: Exploring Restorative Justice Practices As Pathways To Foster Belonging In New York City Transfer Schools, Miguel Rodriguez

Dissertations, Theses, and Capstone Projects

The U.S. education system perpetuates structural inequities that disproportionately affect Black students with the School-to-Prison Pipeline (STPPL) criminalizing them through Zero-Tolerance policies. Transfer schools are often a last resort for students pushed out of traditional schools provide a lens to examine the impact of Restorative Justice Practices (RJP) and Black student representation on belonging. This quantitative dissertation study analyzes secondary data from the NYC Department of Education using multivariate models to explore the relationship between RJPs and sense of belonging (SOB). Model 1 found that discussing feelings and emotions at school (Tier 1 RJP) had the strongest association with SOB …

Menstrual Math: The Price Of Bleeding, Gabrielle Langston

Dissertations, Theses, and Capstone Projects

This project examines the landscape of menstrual equity in the United States through a data storytelling lens, focusing on state-level policies regarding taxation and access to menstrual products. The analysis explores which states impose sales tax on menstrual products, if state schools provide free menstrual products, and which states ensure access for incarcerated individuals using publicly available datasets from advocacy groups. Additionally, there is an investigation into potential correlations between the gender wage gap and states that tax menstrual products, shedding light on economic and policy disparities.

Through its data visualizations, this project aims to provide a clear, although not …

The Rainbow War: Ballot Measure 9 And The Fight Over Gay Rights In Oregon, Patrick Douglas Lasalle

Dissertations and Theses

On November 3, 1992, Oregonians were asked to vote on Ballot Measure 9, an amendment to Oregon's constitution that would prohibit anti-discrimination protections for homosexuals, prohibit the use of public funds and facilities to "promote" homosexuality, and require schools to actively discourage homosexuality as "abnormal, wrong, unnatural, and perverse." In this narrative history, I will explore Measure 9 and the ways in which it divided the state, beginning with its introduction in May 1991. I examine the history and reasoning of the Oregon Citizens Alliance, the Christian Right organization behind the measure, as well as the gay and lesbian community’s …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …

New York City Misses The Exit To Traffic Safety, Joseph Caffrey

Capstones

New York City Misses the Exit to Traffic Safety investigates New York City’s mounting traffic violence crisis through the lens of a devastating crash that killed a Brooklyn mother and her two daughters. It examines the city’s inconsistent enforcement of reckless driving and the failure of the Dangerous Vehicle Abatement Program (DVAP), which aimed to reform recidivist speeders. The piece investigates the imperfections of Vision Zero, public backlash to automated enforcement, and the broader failure to prevent recidivist speeding. It also explores policy alternatives like Intelligent Speed Assistance (ISA), highlighting legislative efforts to revive accountability and save lives, while advocating …

Booked Or Buried In Texas: Risk Factors For Prebooking Suicide And Homicide Deaths Of Individuals With Sex Offenses, Nicole Moreira

Clinical Psychology Dissertations

Preventable deaths during law enforcement encounters, particularly those violent in nature, such as suicide and homicide deaths, are of considerable public concern. Prebooking, the law enforcement custody stage that includes arrest, serving warrants, wellness checks, traffic stops is often the most dangerous and fatal stage of custody. Despite being the most potentially dangerous and unpredictable of any custody stage, prebooking remains grossly understudied in comparison to jail and prison research, underscoring the need for focused research. To address this gap, the present study examines risk factors for suicide and homicide deaths among individuals with sex-related offenses during prebooking custody. Individuals …

Reasonable Suspicion And Racial Profiling In The Enforcement Of Immigration Laws In Arizona, George L. Wajackoyah

Walden Dissertations and Doctoral Studies

The delegation of immigration enforcement authority to local law enforcement under Section 287(g) raised concerns about increased racial profiling, fueling fear and distrust in immigrant communities. Understanding these effects aided in evaluating the broader impact of immigration policies on public safety and community relations. Grounded in critical race theory, this study explored how Section 287(g) enabled racial profiling by giving local law enforcement broad discretionary authority over immigration enforcement. A qualitative research design was employed using thematic analysis of interview data from 26 immigrants and law enforcement officers. Manual coding and NVivo software were utilized to conduct the analysis. The …

Immigrants’ Inhumanity To Immigrants: The Failings Of Modern Us Immigration Policies Through The Lens Of Mauritanian Asylum Seekers, Karuna Kayembe

Senior Theses

By analyzing firsthand accounts of Mauritanian migrants gathered at The Migrant Center of St. Francis Church of Assisi, this paper explores the systemic inequities of U.S. immigration law and enforcement, particularly its impact on African migrants. The research argues that these lived experiences expose the disconnect between official narratives of welcoming migrants and the harsh realities of the immigration system, making a case for a more humane and equitable framework. This will be accomplished by first setting the scene on Mauritania and the culture and history that backs up how the migrants act and why they chose America to emigrate. …

The Lre Provision Of Idea's Impact On Deaf Students' Socio-Emotional Satisfaction In K-12th Grade Education, Shealyn Junge

Undergraduate University Honors Capstones

The education of Deaf and Hard of Hearing (DHH) students represents a unique challenge in implementing inclusive practices that balance physical integration with meaningful language and communication access. The Individuals with Disabilities Education Act’s Least Restrictive Environment (LRE) provision reflects a federal commitment to educating students with disabilities alongside their non-disabled peers whenever possible. This mixed-methods study examined how mainstream, co-enrollment settings, and Deaf schools shape the socio-emotional development of DHH students, including those transitioning between settings. While participants across placements reported increasing DHH identity pride, their social experiences diverged markedly: mainstream-educated participants universally reported loneliness by high school. Deaf …

Institutional Constraints And The Ai Automation Gap: A Case Study Of Proposal Evaluation In Federal Ict Procurement At U.S. Customs And Border Protection, Farhan Bin Amjad

Harrisburg University Dissertations and Theses

This research investigates the institutional constraints shaping the adoption of AI-assisted proposal evaluation in federal ICT procurement, using U.S. Customs and Border Protection (CBP) as a case study. Although AI tools are increasingly used by contractors to generate proposals, their integration into government evaluation processes remain limited. Using institutional theory as an analytical framework, this study examines how regulative rules, normative expectations, and cognitive assumptions jointly reinforce a risk-averse procurement culture that inhibits automation. Through a mixed-methods approach—comprising policy analysis, procurement data from FPDS and USAspending.gov, and an elite interview with a CBP contracting officer—the research identifies key barriers to …

Who Owns The Wind: The Absence Of Community Wind Farms In California, Sky Berry-Weiss

Master's Projects and Capstones

Community ownership structures for wind farms have been around for decades, particularly in European countries, due to high socioeconomic benefits. Given these significant benefits, one might expect community wind to thrive in the United States—especially in a state like California, which prides itself on progressive climate policy and renewable energy leadership. Yet utility-scale community wind remains largely absent from research on California’s energy system, raising questions about its existence in the state. To pinpoint how many utility-scale community owned wind farms are in California, this study surveys every operational wind turbine in the state. After classifying each wind farm by …

Reimagining Law Enforcement Communication With The Black Deaf Community, Jeanelle Francis

Undergraduate University Honors Capstones

Law enforcement’s relationship with the Deaf community, particularly the African American/Black Deaf population, has historically been tense, leading to wrongful arrests, police brutality, and even fatalities. This capstone project examines the barriers to effective interaction between law enforcement and the Deaf community, specifically in first-encounter situations, highlighting the Black Deaf experience. Past research has addressed the language barriers that Deaf individuals face in situations such as traffic stops and legal proceedings. However, it rarely examines the specific experiences of Deaf Black/African American families impacted by police-induced trauma caused by an unfair power dynamic. This project is an exploratory study to …

Negotiating Migration In The Mediterranean: A Comparative Study Of Morocco And Italy’S Border Policies And Their Humanitarian Impact On Irregular Migrants, Shennel Ep Henries

Master's Theses

Serving as both a barrier and a bridge that connects Africa and Europe, the Mediterranean is today the focal point of global controversies around migration, where humanitarian interests balance against border policing and meet securitization policies. This thesis examines the questions: How do irregular migrants adapt, interpret, and maneuver around securitized Moroccan and Italian migration policies, and what do their strategies tell us about the relationship between humanitarianism and securitization in Mediterranean bordering processes? Drawing on qualitative evidence, including expert interviews with organization employees and volunteers in Morocco and Italy (Fondazione Solidarietà Caritas, Nosotras Onlus, and Caritas Maroc), field observation, …

Sundown In Indiana: A Midwest Story Of Racism, Exclusion, And Memory, Kelsey A. Snyder

Masters Theses, 2020-current

Sundown towns were a prominent aspect of the northern life from the early 1900s till in some places till the 1970s but they have been lost to history. These towns have been silenced and erased not just from the history books but from public memory. Indiana is my home state and the three towns that will be discussed have all had an impact on my personal development especially in understanding race. Decatur and Huntington places I have called home, both have been classified as sundown towns. The third, Marion was the location of the one the last known lynchings in …

Generative Ai: Cultural Shift Towards The Machine, Barbara Gilman, Damon Willick

Honors Thesis

No abstract provided.

Successful Psychopathy: Trait Expression, Construct Validity, And Career Differences Among Lawyers, Law Students, And Pre-Law Undergraduate Students, Jessica Rush

Student Theses

Psychopathy is a multidimensional personality construct traditionally studied in offender populations but increasingly recognized in high-functioning, nonclinical groups. This study examined the expression of psychopathic traits—Fearless Dominance, Self-Centered Impulsivity, and Coldheartedness—among legal professionals at various career stages, including pre-law students, law students, and practicing attorneys. Using the Psychopathic Personality Inventory–Revised (PPI-R) alongside validated measures of related constructs (e.g., narcissism, aggression, affect, behavioral activation/inhibition), the study assessed trait distribution, construct validity, and contextual influences in a sample of 82 participants. Results provided partial support for the PPI-R’s construct validity in this population. Total psychopathy and Self-Centered Impulsivity were positively associated with …

Restoring Confidence In Our Elections: An Analysis Of Post-Election Audits In South Dakota, Evan Sippel

Honors Thesis

Post-election audits have been a standard practice for election officials across much of the United States since the 2000 presidential election. However, there were still six states that had never performed a post-election audit as the nation prepared for the 2020 presidential election. Due to the controversies of the 2020 presidential election and the resulting decrease in voter confidence, particularly among Republican voters, there was a concerted effort in the few remaining states to pass legislation that would require election officials to conduct post-election audits. In response to this pressure, South Dakota passed a law to require that election officials …