Law Commons^™

The Role Of The Public Prosecution In The Implementation Of The Criminal Judgments, خالد عبد الحميد البلوشي

Theses

This study has dealt with the role of the public prosecution in the implementation of the criminal judgments issued by the judiciary, which are covered by the imposition of criminal sanctions against the sentenced persons, and indicated that the stage of penal execution is a very important judicial process of the justice system.

The implementation procedures often involve coercive measures, which would affect the rights of the sentenced persons. The legislator therefore took a number of guarantees that provided for certain mechanisms for their implementation, in order to ensure that such rights were not infringed or violated, except as provided …

Swaying The Jury: The Effect Of Expert Witness Testimony On Jury Verdicts In Rape Trials, Christina E. Ball

Senior Capstone Theses

With the reliance on rape myths to form opinions towards rape victims, the use of expert witnesses is of increased importance. Rape myths may give jurors misinformed notions about why, how, or to whom rape happens. This indicates a need for educational expert testimony in rape jury trials. It is proposed the use of this testimony will help dispel these myths and social biases towards victims of rape. This paper explores the need for expert witness testimony and the relationship between expert witness and jury. It discusses what type of testimony may be presented and who qualifies as an expert. …

True Crime As A Literature Of Advocacy, Leslie Rowen

Undergraduate Theses

True crime is often dismissed as a genre of cheap paperbacks with little literary merit and highly sensational, pornographic content. By contrast, my paper proposes an alternative literary history of true crime which merits further investigation because of its focus on advocating for justice where the justice system failed. I begin with Catharine Williams’ 1833 piece Fall River: An Authentic Narrative, an early example from true crime literature. The text disputes the acquittal of a Methodist preacher for the murder of a female mill worker, arguing that the trial was unfairly slanted in the defendant’s favor. More than a century …

A Study Of The Effectiveness Of The Crisis Care & Counseling Course Within The Special Operations Forces At The Joint Special Operations University, Mary Ann Quartetti

Doctor of Education (Ed.D)

The Special Operations Forces have experienced a surge in PTSD and suicides in the past several years, now surpassing conventional military branches. Due to the attached stigma for seeking help from mental health professions and potential negative career effects, military personnel are more likely to seek counseling from their unit chaplain. The U.S. military does not require chaplains to have a counseling degree or certification in counseling as a prerequisite to performing duties as a chaplain, although most Masters of Divinity programs do include some counseling courses. The military does provide limited training to its chaplains in counseling. Special Operations …

A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo

Selected Honors Theses

This thesis is about the Supreme Court case Roe v. Wade and how the Court in Roe ruled a child as a “potential to life.” The Fifth and Fourteenth Amendments show that there is an expectation of privacy in regards to a woman and her doctor but it is questionable as to whether or not the expectation of privacy can cover the fetus in the womb. The question raised next is whether or not the woman has complete rights to the fetus and whether or not she can decide if the fetus has a right to live or not. Coming …

My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy, Kisha K. Patel

Politics Honors Papers

When defining women’s rights to reproductive decisions in Roe v. Wade, Justice Blackmun fails to ensure protection for women by defining this right in the privacy doctrine. Justice Blackmun’s opinion allows the government to interpret and apply the doctrine to deny women access and availability to reproductive health. This can be shown by the subsequent Supreme Court decisions on privacy that allow the government to overrule the right of the individual woman. This allows for the government to effectively deny women the right to abortion and ultimately prevents women from making independent autonomous decisions. The laws and regulations against …

Migration And Injustice In The Neoliberal Era: A Comparative Analysis Of Migratory Laws And Sweatshop Labor Conditions In Argentina And The United States, Kelly L. Johnson

Spanish Honors Papers

In the contemporary neoliberal era, the global phenomenon of migration dominates the international political discourse and generates empirical and normative questions regarding the admission, rights, and realities of migrants who leave their home countries to live elsewhere. Argentina and the United States are countries in which migration was, and continues to be, a main factor in shaping the nation’s identity. Despite the similar migratory phenomenon in both of these countries, their migratory policies vastly differ—Argentina considers migration to be a right, but the United States constantly strengthens its efforts to deter migrants from entering the country. Even though migratory policies …

Permissions Between Creators And Users: An Investigation Of Particulars In Privacy Policies For Mobile Apps, Abbigail Griffith

Honors Theses

Mobile apps create a space for users to share information with other users and, in doing so, the creators of the applications. Generally, the greater amount of sharing information that occurs between users and creators enhances the experience of the apps for both parties. However, the extent to which mobile apps use this information can cause concerns with users about privacy due to the unknown practices of mobile apps relevant to data collection, data sharing, and data storage.

Documents, such as privacy policies, exist in attempts to moderate these concerns. Additionally, mobile apps offer in-app features for the same reasons. …

Racial Tensions In Society: A Study Of Arrest Related Shootings In Arkansas 2006 - 2011, James Aaron Luht

Student Theses and Dissertations

In the context of the recent tensions regarding police use of force in America, the surrounding media attention, and the formation of social movement organizations such as Black Lives Matter, this article will examine police shootings in Arkansas from 2011 to 2016. Using Conflict Theory as a basis for this study the following questions provide the foundation for research: (1) Are police shootings a factor of individual variables, community demographics, location? (2) What are the circumstances that make police use of deadly force more common? Using data from the Uniform Crime Report, a study conducted by the Arkansas Democratic Gazette …

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.

The …

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …

The Force Of Manhood: The Consequences Of Masculinity Threat On Police Officer Use Of Force, Aurelia Terese Alston

Dissertations and Theses

Positive community-police relations, which are based on mutual trust, are key to equitable and just policing. Use of force that is perceived as unfair and biased can quickly undermine relations between the police and the public. In an attempt to understand what psychological factors contribute to police use of force decisions and potentially racially biased use of force application, this study proposed masculinity threat as an important psychological factor that influences police behavior. Masculinity threat occurs when a man's status as a man is threatened, and threats to masculinity are often associated with increased aggression and dominance as a way …

Supervised Release Sentences Of Child Pornography Offenders In U.S. District Courts: An Examination Of Disparity, Niquita Marie Loftis

Dissertations

The statutory supervised release sentencing range for child pornography offenders convicted in U.S. District Courts is five years to life. However, the guideline policy statement contained in the Federal Sentencing Guidelines recommends lifetime supervision for all child pornography offenders. U.S. Sentencing Commission (USSC) data for fiscal year 2012 indicate that only approximately 33% of child pornography offenders were sentenced to lifetime supervision. This variation suggests the possibility of unwarranted supervised release sentencing disparities. The dissertation explores this possibility by examining the effects of individual-level legal and extralegal factors and district-level contextual factors on supervised release sentences for child pornography offenders. …

Turkey And The International Law Of The Sea, Ekrem Korkut

SJD Dissertations

The 1982 United Nations Convention on the Law of the Sea [hereinafter: LOSC] is widely accepted as the constitution of the oceans. Only four countries in the Third United Nations Conference on the Law of the Sea voted against the LOSC: The United States, Venezuela, Israel, and Turkey. Turkey voted against the LOSC because of dissatisfaction with the provision concerning the breadth of the territorial sea (Article 3), the delimitation of the territorial sea (Article 15), and the regime of islands (Article 121). With regard to other provisions of the LOSC, Turkish delegates at the Conference made supportive explanations. This …

Intellectual Property Rights In The Kingdom Of Saudi Arabia In Light Of Sharia And The Trips Agreement, Abdulrahman Alabdulkarim

SJD Dissertations

This study aims to illustrate the current state of intellectual property rights (IPR) in Saudi Arabia in light of certain international agreements, specifically TRIPS, as well as Sharia law, that have informed the Saudi legislature in its creation and handling of intellectual property matters. Various matters of IP today may be debated among Saudi's Islamic jurists, which in turn may bring such issues into conflict with Sharia. Such conflicts over matters of IP cannot be dismissed lightly by the Saudi legislators. They must determine the proper enforcement and protection of IRP as stipulated by modern Saudi IP laws and/or by …

Behavioral Health Unit: Case Study At The Portland Police Department, Anne Sedlack

Thinking Matters Symposium Archive

There are 8,000 law enforcement agencies in the United States. 1,000 have some form of specialized policing and response presence - which means that they have at least a few officers who are crisis intervention trained (CIT). 200 of these law enforcement agencies have some form of program that is beyond a few police officers trained in CIT. In 2016, there were 6 departments that were awarded a grant from the Department of Justice and Bureau of Justice Assistance. These six are currently learning sites dedicated to studying the affects of having a behavioral health specialized co-response team. The Portland …

The Supreme Court’S Countermajoritarianism? What Impact Does Public Opinion Have On The Supreme Court Decisions?, Evan Tompkins

Political Science Theses and Capstones

Although normative questions about the role of the Supreme Court as a countermajoritarian institution have been commonly debated in political science research, an updated empirical question on Mishler and Sheehan’s (1993), study on public opinion and its impact on the Court must be asked. It has been 25 years since the publication of their study and numerous high profile cases such as Bush v. Gore, Citizens United v. FEC, and Obergefell v. Hodges have brought nationwide attention to the Supreme Court and how it interacts with public opinion. Results from empirical measurements of the Supreme Court’s decisions and what impact …

Paese Di Accoglienza: Il Successo Di Un Modello Innovativo Di Accoglienza Dei Richiedenti Asilo In Italia, Isabela Arena Secanechia

Senior Capstone Theses

This work discusses Italy's migrant reception system including its flaws and their effects. Furthermore, this work explores an alternative, sustainable model of migrant reception created in Riace, Calabria, that has been successful in varying towns across Italy. Ultimately, this work argues that this system, which is beneficial to both Italians and incoming migrants — specifically asylum seekers — can and should be implemented nationally to counter the current flawed system.

The Defective Administrative Decision Transformation, منذر فخري الشناق

Theses

This thesis deals with the idea of transformation the defective administrative decision to another lawful decision as one of the means which lets the will of the administration survive, and reduce the administrative decision nullity cases, and its negative effects on the administration and on individuals as well.

This idea means that if the void administrative decision or the voidable one contains the elements of another correct decision, the latter one will be considered as the legal and true decision if it obviously appears that the intention of the administration would tend to the new decision if it had known …

Cyberbullying, K-12 Public Schools, And The 1st Amendment, Jennifer A. Mezzina

Seton Hall University Dissertations and Theses (ETDs)

The first amendment protected students’ first amendment rights in K-12 public schools; however, state antibullying legislation required school officials to discipline students for bullying and, in most states, cyberbullying as well. An increasing number of students had access to mobile devices at home and during the school day. School officials had the responsibility to protect students from instances of bullying and cyberbullying; however, school officials did not fully understand the extent of their authority to discipline students for acts of bullying that occurred online, off school grounds. Despite the existence of state antibullying laws in all fifty states, contradictory appellate …

Indigenous Blockades And The Power To Speak The Law: From Settler Colonialism To Indigenous Resurgence, Christopher Eric Jon Albinati

LLM Theses

This thesis traces tensions between pluralism, elimination and resistance in the centuries-old narrative underlying the uncertain legal foundations of Crown sovereignty in the territory now known as Canada. The first half of the work applies the emerging literature of settler colonialism to a close reading of a selection of leading scholarship on Aboriginal rights jurisprudence to identify whether the Canadian courts are reproducing elements of settler colonialism in their decisions. The second half of this work draws on the literature of Indigenous resurgence, blockades, jurisdiction and the rule of law to construct a framework for examining juridical sites where conflicting …

The International Criminal Court: A Figurehead Of Justice, Megan Stoddard

Senior Theses

International law has existed since nation states began to recognize one another. However, the defined study of international criminal law and the resulting International Criminal Court is a fairly recent institution in our history, so there are still many questions about its operation. The question explored here is the power of the court. When put in the international political stage, the International Criminal Court can seem very powerful, but this is a question of the international influence the court can have over the world, and potential international criminals. To explore these ideas, the history of the court and international criminal …

Compensatory Damages Granted In Personal Injuries: Supplementing Islamic Jurisprudence With Elements Of Common Law, Majed Alshaibani

Maurer Theses and Dissertations

This dissertation discusses the types of compensatory damages, monetary and non-monetary losses, granted in Saudi Arabian personal injury cases. The main issue of this paper is to determine the missing types of monetary and nonmonetary losses when estimating compensation, thereby unjustly leaving injured parties without fair compensation. The problem of this study is that some victims do not get compensation personal injuries claims, such as loss of wages, lost earning capacity, and emotional distress. This is due to many reasons. One of the most obvious reasons is the absence of clearly written personal injuries statutes that cover all types of …

Public Company Health Insurers And Medical Loss Ratios: An Event Study Of Dates Associated With The Affordable Care Act, Rachelle Quinn

Doctor of Business Administration (DBA)

The Affordable Care Act (ACA) has proved to be a contentious regulatory and political topic. Although key features were established within the law the complexity of the new provisions and political opposition resulted in a series of federal and state governmental process changes, rule clarifications, and legal challenges. One component of the ACA is the introduction of a federal Medical Loss Ratio (MLR), which requires insurers to spend specified percentages of their premium revenue dollars on medical services and quality improvement actions. If thresholds are not met, insurers must refund premiums to their members, potentially removing millions of dollars from …

Energy Contracts And Its Dispute Resolution Through Arbitration, عبد الله عبد العزيز عمر العكبري

Theses

This dissertation examines the aspects of the energy contracts and the needs to implement the Arbitration on it, as an Alternative Dispute Resolution (“ADR”), in MENA & North Africa, with an emphasizing on UAE Vis-à-vis the other GCC countries. And the Methodology I follow is the comparing and analyzing methods.

The major challenge in this dissertation is that I did my best to proof the legal nature of the energy contracts, either as civil contracts or administrative contracts. However, the key thing here is to rely on the contained Set of rules and elements in such contract especially where the …

Factors Affecting Mental Health Seeking Behaviors Of Law Enforcement Officers, Vincent M. Haecker

Dissertations

The intent of this study was to elicit perspectives from law enforcement counselors, clinicians, chaplains, and peer group leaders for factors affecting law enforcement officer’s (LEOs) seeking mental health assistance. The law enforcement and mental health communities have gone to great lengths to ensure assistance is available to LEOs in an effort to counter the stress and trauma associated with the policing profession. Past studies attempted to elicit LEOs attitudes on mental health services, generating mixed results and were unable to establish why available services were underutilized. This study employed a qualitative methodology to elicit perspectives on this phenomena from …

Housing The Homeless: A Framework For Sustainable, Affordable Housing, Brianna Providence

Student Theses 2015-Present

New York City’s building stock is comprised of nearly one million structures. Buildings are responsible for unconscionable amounts of global energy, water, resources, and greenhouse gas (GHG) emissions. Thousands of buildings are annually constructed when the truth is that there is a significant stock of buildings that could stand to be rehabilitated. New green developments present an opportunity to increase efficiency while reducing energy use, resource consumption, and waste. If virgin new green developments provide the aforementioned opportunities, then it logically follows that sustainably retrofitting preexisting buildings represents an even greater opportunity to promote environmental sustainability and reduce inefficiencies. As …

Educating Incarcerated Youth In Illinois: A Blended Learning Model, John Sonnenberg

Dissertations

The purpose of this case study was to better understand the reasons behind the apparent continued success of a blended learning educational model in place since 2012 in the Illinois Department of Juvenile Justice (IDJJ). Using a mixed methods approach, data were gathered and analyzed from a variety of records, reports, and other documentation that included: diplomas awarded, courses taken, course completion, enrollment trends, student mobility rates, GED testing information, and special education student enrollment and performance. Data were also gathered through classroom observations and individual and group interviews with the IDJJ district superintendent, principals, and teachers at six different …

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three subsidiary objectives. The …

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …