Law Commons^™

The Affordable Care Act: Analyzing Rates Of Healthcare Claim Denial, Lauren Sitter

Political Science Theses and Capstones

The United States healthcare industry is an integral aspect of every American’s life. The Affordable Care Act (ACA) in 2010 reformed the healthcare system by expanding coverage to millions of Americans and eliminating claim denials due to pre-existing conditions. It requires participating states to submit transparency data. Despite these reforms, coverage denials continue and vary by plan category, metal level, and among different states. I analyze data from The Kaiser Family Foundation (2023) and The CommonWealth Fund to test the correlation between claim denial and a variety of variables, including state political culture, plan type, metal level, and out-of-pocket costs. …

"You Gonna Be Like Mama": A Case Study Of Intergenerational Sex Trafficking, Lindsey M. Grabowska

Honors Thesis

Commercial sexual exploitation of children (CSEC) is a range of experiences inflicted upon children that involves sexual exploitation for financial benefit and results in many psychological harms on exploited youth. Familial sex trafficking is a subset of CSEC where the child is exploited by a family member through either intergenerational prostitution or exchanging sexual access to their child to others for commercial gain. This paper will review the available literature on CSEC and familial trafficking, focusing specifically on two important questions (1) What makes minors vulnerable to CSEC and sex trafficking and (2) What maintains the involvement on people in …

Addressing Housing Insecurity In Pacific Grove: Evaluating The Effectiveness Of Affordable Housing Resources, Melissa Gembe

Capstone Projects and Master's Theses

The City of Pacific Grove is a beautiful coastal place to live, yet it is difficult to find affordable housing. The housing division works together with other departments in the city and state to carry out its goal of ensuring that residents have access to affordable housing. In previous community housing needs surveys 60% of respondents reported an interest in building an Accessory Dwelling Unit. Similarly, 50% respondents showed an interest in landlord incentive workshops. The purpose of the evaluation was to assess the effectiveness of these two key resources. A study was conducted through in-depth interviews with specialists in …

The Effectiveness Of International Courts In Contributing To Rebuilding And Resolving Conflicts In Societies Post-Genocide, Garrett Connely

Theses/Capstones/Creative Projects

In the aftermath of mass atrocities, international courts have emerged as key mechanisms for delivering justice and fostering post-conflict reconciliation. Rooted in the precedent set by the Nuremberg Trials after World War II, these institutions aim to prosecute crimes that often go beyond national legal systems. However, their effectiveness remains contested, largely due to their dependence on state cooperation and the complexity of post-conflict environments. This project examines the societal impact of international courts in two significant cases – Rwanda and the former Yugoslavia. Through a comparative analysis of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal …

Public Opinion And Judicial Decision-Making: A Relationship Explored Through Interviews With Local, State And Federal Judges Within Mobile County, Alabama, Bella Gin

Honors Theses

Civilians and legal scholars alike often speculate how judges rule and what contributes to their decision-making. Acknowledging this conundrum and combining it with my own interests in the legal field, I attempt to explore how some judges located within Mobile County perceive public opinion and what factors direct their rulings over their respective case dockets. Through seven, semi-structured interviews, I ask each judge a series of questions regarding their backgrounds, decision-making methodologies, thoughts on public opinion relevancy, and application of their approaches to their judgeships. Analysis of the interviewees’ responses reveals data that suggests the judges have a somewhat ambivalent …

Did The Youth Hiring Act Of 2023 Impact Wages In Arkansas?, Henley S. Queen

Economics Undergraduate Honors Theses

Some believe Arkansas Act 195 may create more problems than it looks to solve; the paper sets out to find if Arkansas is experiencing any benefits from the passing of the law. This paper is an economic analysis of Arkansas Act 195 of 2023 (The Youth Hiring Act of 2023), which removed a work permit requirement for fourteen and fifteen year olds. The paper also observes data from Iowa since the state passed a similar policy. Using Bureau of Labor Statistics data on waiters, fast food workers, cashiers, and bartenders from 2017 to 2023 in Iowa and Arkansas, it performs …

الحماية الجنائية للبيانات الجينومية (دراسة تحليلية مقارنة), ميثاء حارب العميمي

Theses

Criminal Protection of Genomic Data

This research examines the criminal protection of genomic data through a comparative study between the United Arab Emirates and the United States of America, with the aim of analyzing how each legal system addresses these sensitive data and the associated risks، Genomic data, which relates to individuals' genetic information, is crucial in various fields such as medicine, insurance, and employment, making its protection essential to ensure individuals' privacy and to safeguard them from genetic discrimination or unlawful exploitation.

The UAE legislature is showing an increasing interest in regulating aspects related to genetic data and genomics, …

How Alternative Sentencing Methods Can Reduce Recidivism And Incarceration Rates For Drug Offenders In Wisconsin, Mitchell D. Fugate

Master of Public Administration Capstone Papers

The criminal justice system in the U.S. has typically been focused more on punishment in the past, but in recent times has shifted more towards implementing rehabilitative measures as a means to reduce the recidivism rate, and thus decrease the overall incarceration rates for the U.S.. An area that is especially different is drug offenses, as many of those that are arrested are addicted, and punishment does not address that addiction directly. By using alternative sentencing as a means of rehabilitation for drug offenses, the criminal justice system can work to address the issues at the root causes as well …

The Role Of Medical-Legal Partnerships On Social Determinants Of Health For Vulnerable Populations In The Inland Empire, Sabrina C. Kinnally

Electronic Theses, Projects, and Dissertations

San Bernardino and Riverside counties face significant challenges in addressing the Social Determinants of Health (SDOH) for vulnerable populations, including housing instability, healthcare access, and food insecurity. This project examined the role of Medical-Legal Partnerships (MLPs) in providing services to vulnerable populations. Through a systematic review, the study explored the current state of MLPs and their effectiveness in addressing SDOH to reduce health disparities. The other purpose is to assist Agape Legal Service, Inc. (AGAPE), a non-profit organization, in completing their strategic plan, which aims to address the legal needs of vulnerable populations within the Inland Empire. The systematic review …

Addiction In The Prison System: Recidivism And Alternatives, Daniel R. Bowers

Undergraduate Honors Theses

The United States criminal justice system has the highest number of incarcerated individuals in the world, with nearly 2 million people currently being behind bars, and around 7.5 million arrests per year according to the most recent available statistics. A key factor in this is addiction, specifically substance use disorders. Between 58% to 68% of adults arrested are addicted to one or more substances, with 68% of drug involved individuals being rearrested within three years of being released. This recidivism rate is incredibly high, and when combined with current prison and jail overcrowding, has created massive problems for the United …

Repatriation And Replicas: Finding Impactful Solutions To The Repatriation Question Through Analysis Of Nashville Parthenon Visitor Experiences And Evaluation Of Current Literature, Jesse D. Miller

Undergraduate Honors Theses

Artifact repatriation is an often debated topic within the museum sector. While there have been many arguments for and against the repatriation of cultural heritage objects, none of them consider the implications that artifact repatriation can have on the relationship between a museum and its community. This thesis covers the various arguments surrounding artifact repatriation, the researcher’s personal experience as an intern at the Nashville Parthenon, and analyses visitor responses to a feedback space within the exhibit Repatriation and Its Impact. This thesis uses visitor feedback as the basis for its analysis. The research suggests that use of accurate …

Parent-Child Contact In Family-Focused Programs For Incarcerated Individuals, Carol Marie Nettie Mcdonald

Electronic Theses, Projects, and Dissertations

The following research study will evaluate family-focused programs offered to incarcerated individuals and determine if these programs are hindered when there is little to no contact between parents and children during incarceration. Family-focused programs include parent/child bonding, and/or parenting classes and other similar programs. The research method that will be used in this study is a qualitative design and will gather data through interviews of formerly incarcerated individuals as well as former children (now adults) who have been involved in family programming. The study will also gather data from licensed clinical staff who have been involved in related programming while …

A Secluded Cabin On The Outskirts Of Riverside: A 1937 Trial For Conspiracy To Have Gay Sex, Randall Stoner, Randi Stoner

Electronic Theses, Projects, and Dissertations

In the early morning hours of Sunday, March 14, 1937, a group of deputy sheriffs and military police surrounded a secluded cabin on the outskirts of Riverside and forced their way inside, arresting everyone on the premises for conspiracy to violate California Penal Code sections 288a and 286: oral copulation and sodomy. Though same-sex relations were outlawed, these men had sought to create a place of privacy for themselves—only to have it surveilled and raided by members of law enforcement. The subsequent trial, People v. Jordan, was a landmark case for the city of Riverside. Many histories of LGBTQ …

Pedro Aceves Mfa Thesis, Pedro M. Aceves

Electronic Theses, Projects, and Dissertations

My Work is about looking at Cruising through a queer decolonial lens. Using multiple mediums such as photo, glass, Augmented reality, and film, I explore these queer histories and aesthetics through not just an anthropological approach but also an artistic epistemological approach weaving together narratives of prehispanic and modern queer Latinidad.

"Alone I Can't, But Together We Can": A Photovoice Study To Explore Insights Of Assisted Outpatient Treatment (Aot) From Providers Working With Individuals With Serious Mental Illness (Smi)., Monica G. Urquieta

Open Access Theses & Dissertations

Assisted Outpatient Treatment (AOT) is a court-ordered mental health treatment program for individuals with SMI (bipolar disorder, major depressive disorder and schizophrenia) who have a history of noncompliance with treatment and are at risk of deteriorating or causing harm to themselves or others. This dissertation examined the perceptions and experiences of thirteen providers (lawyers, judges, case managers, psychiatrists, housing navigators, treatment guardians, nurse practitioners, therapists and peer support specialists with lived experience) on the AOT program for clients with SMI; and the environments that shape these perceptions, taking into account a system and community-based approach focusing on how the unique …

A Brighter Future Lies Ahead? The Impact Of Juvenile Records On Adults' Hiring Prospects, Morgan Rose Wagner

Open Access Theses & Dissertations

Having a record can make obtaining employment difficult - while the stigma against criminal records is well established, the effects of a juvenile record on hiring outcomes is less clear. Juvenile records can often be sealed; however, when sealing is not done consistently or transparently, people with juvenile records face a difficult decision when applying for jobs - disclose a record that may be sealed, or omit information about a record that shows up on a background check? Experiment 1 used a hypothetical applicant paradigm with a sample of hiring managers to evaluate the impact of juvenile record disclosure and …

تحول سياسات العقاب والإصلاح للأحداث في دولة الإمارات: دراسة مقارنة لقانون اتحادي رقم 9 لسنة 1976 بشأن الاحداث الجانحين والمشردين وقانون اتحادي رقم 6 لسنة 2022 بشأن الاحداث الجانحين والمعرضين للجنوح, Hamda Abdulla Almahri

Theses

The Transformation of Juvenile Punishment and Reform Policies in the United Arab Emirates: A Comparative Study of a Federal Law No. 9 of 1976 Regarding Juvenile Delinquents and Vagrants, and Federal Law No. 6 of 2022 Regarding Juvenile Delinquents and those at Risk of Delinquency

This study explores the concept of juvenile criminal responsibility under Federal Law No. (6) of 2022 in the United Arab Emirates, which restructured the legal framework for dealing with juvenile offenders and those at risk of delinquency in line with social developments and international standards. The research focused on analyzing the legal foundations of juvenile …

Privacy In The Age Of Platforms: How Digital Advancements Are Outrunning Our Constitution, Haleigh Fagundes

Capstone Projects and Master's Theses

This project analyzes the procedural history of Fourth Amendment doctrine in the Supreme Court. This timeline begins with the 1928 case of Olmstead v. United States and proceeds with recent cases that resolve more modern concerns such as location tracking via cell-cite information, as seen in Carpenter v. United States (2018). Prevalent cases are analyzed through both majority and dissenting opinions to demonstrate the entire Courts’ attitude towards the interpretation. Though more recently the Court has moved towards expanding the expectation of privacy that one can assume from the Fourth Amendment, digital privacy has yet to be incorporated. The research …

Evaluating Accuracy In Legal Research: A Comparative Analysis Of Traditional And Artificial Intelligence-Driven Methods, Lily Collins

Honors Theses

Legal professionals are challenged with performing accurate legal research to meet professional standards. The use of artificial intelligence (AI) presents a potential for enhanced efficiency. However, knowledge and process gaps exist, questioning the accuracy of results generated by AI. The uncertainty of accurate results poses a risk for poor outcomes for all stakeholders. This thesis aimed to quantitatively measure the accuracy of AI legal research in comparison to traditional legal research. Accuracy and relevance were measured by analyzing case precedent results using three legal research platforms, Westlaw, Nexis Uni, and Chat GPT. The three platforms represented traditional and AI-driven research, …

A Qualitative Study Exploring Senior Leaders’ Experiences And Perceptions In Addressing Workplace Sexual Harassment In The U.S. Federal Government: A Systems Perspective, Karen Jane Dean

Electronic Theses and Dissertations

Sexual harassment (SH) is a prevalent, costly, and often unreported problem in the U.S. Federal Government. Despite decades of research from multiple perspectives and recommendations to address SH, the problem persists and remains complex. While some researchers and U.S. Government agencies have called upon leaders to commit to eliminating workplace SH, others have suggested using an integrated conflict management system (ICMS) to manage the complexity, nuances, and conflicts. Even though there is a call for leadership to address SH, there is limited documentation in the literature about leaders’ experiences and perceptions in addressing the problem. Therefore, this qualitative study was …

Koxinga: The Catalyst Of Taiwan's Current Geopolitical Conflict, Lauren Masterson

Honors College Theses

Taiwan, strategically located in the South China Sea, has long faced challenges in asserting its sovereignty. While much of the existing scholarship focuses on the 20th-century conflict between the Chinese Nationalist Party (Kuomintang) and the Chinese Communist Party, this study turns to the mid-17^th century to trace the roots of the island’s contested status. It centers on Zheng Chenggong (1624–1662), also known as Koxinga, who established the Ming loyalist Kingdom of Tungning in Taiwan (1661–1683) following the fall of the Ming dynasty. By examining Koxinga’s actions and the legacy he left behind, this research draws parallels between his retreat …

The Gilded Approach: A Critique Of Constitutional Originalism, Banks T. Eidson

Honors College Theses

The method from which we approach Constitutional interpretation would obviously hold a great deal of significance in our government structure, yet the modern judiciary is plagued by a constant debate between Living Constitutionalism and Originalism. The latter of these ideas has become rather prominent amongst the justices, with six of the nine current Supreme Court justices being self-proclaimed practitioners of originalism. An idea which portrays itself as the only logical way to approach a Constitution, this thesis seeks to prove that despite its popularity, originalism is little more than a tool to expand conservative policies within the courts in precisely …

Exploring Education Policy And Resources In Virginia Secondary Education, Gabrielle Lyon

Departmental Honors & Graduate Capstone Projects

The study examines the intersection of federal special education policy within Virginia's secondary schools, specifically focusing on teachers’ compliance with the Individuals with Disabilities Education Act (IDEA). The study explores educators' awareness and usage of the Virginia Department of Education's hearing decisions index, which documents IDEA violations and due process decisions. Through analyzing federal education legislation, state implementation practices, and teacher perspectives, this study reveals critical gaps in educator preparation and resource awareness regarding special education policy compliance. The findings suggest that while the IDEA violations are being tracked and documented, there remains a significant disconnect between available resources and …

Breaking The Pipeline: Exploring Exclusionary Discipline, Restorative Justice, And The Attitudes And Beliefs Of Educators, Ericka J. Varnedoe

Honors College Theses

This study explores the connection between exclusionary disciplinary practices and the school-to-prison pipeline. It highlights how exclusionary discipline, including suspensions and expulsions, disproportionately affects marginalized groups such as students of color, students with disabilities, and LGBTQ youth, further contributing to the school-to-prison pipeline. In contrast, restorative justice, a non-punitive approach, offers a promising alternative. Initially adopted from the criminal justice system, restorative justice has been integrated into school environments to foster positive school climates, improve experiences, and mitigate challenging behaviors. This research examines educators' attitudes toward both exclusionary and restorative practices, as well as their awareness and implementation of restorative …

The Roots And Risks Of Domestic Violence: A Holistic Review For Law Enforcement, Kiley Elsenpeter

Master of Arts in Human Services

Domestic violence (DV) is a global issue that disproportionately impacts women, producing harmful consequences for victims, families, and the community. DV involves a multifaceted interplay of individual, social, cultural, and policy elements, with intimate partner violence (IPV) representing the primary risk factor for intimate partner homicide (IPH), highlighting male-perpetrated DV as a focal concern. This review of existing literature thoroughly elucidates the predominant roots, consequences, and risk factors associated with DV, underscoring the significance of cultural awareness, trauma-informed care (TIC), and the application of evidence-based risk assessment tools within law enforcement (LE) frameworks. LE officers are uniquely positioned to detect …

Bars, Barristers, And Bias: A Content Analysis Of Legal Plays, Evan Chartock

Media and Communication Studies Honors Papers

This content analysis paper investigates the portrayal of the legal profession onstage within legal dramas first performed in the twenty-first century. There has been no previous research that has focused on a comprehensive analysis of the specific content of legal dramas, so this study is exploratory in nature. This study emphasizes the importance of learning about the content characteristics of legal plays and legal characters. This content analysis seeks to answer two research questions. First, do playwrights of legal plays first performed between 2000-2024 belong to similar identity demographics, write about similar content, and/or have similar messaging regarding the notion …

How To Be Unique: A Guide To The Law School Admissions Process, Abigail E. Bjerke

Master's Projects

The law school admissions process can be a difficult thing to navigate, especially with updates that occur each year throughout the process. Therefore, this guide to law school admissions aims at making said admissions process easier to understand for all law school candidates. In the guide, there are several chapters regarding specific steps in the admissions process alongside an extended literature review of already existing guides or relevant articles.

From Prison To Community: Challenges Of Recidivism In The United States, Kellie R. Parks

Master of Arts in Human Services

Recidivism among adult females in the United States is often an overlooked and under analyzed aspect of the justice system. Women criminals encounter unique challenges and often need distinct rehabilitative needs while incarcerated and following release. This paper explores the many factors contributing to recidivism in adult females including mental health challenges, biological, neurologic and social factors. It provides insight into how lower recidivism rates can be achieved by adapting other reform measures such as education programs.

Supreme Court Case Study: The Variation In Rates Of Miscarriage Management Care And Post-Abortion Care Across The Us Before And After The Supreme Court Decision, Ted Sibrian Jr.

MUSC Theses and Dissertations

The paper examines abortion care and the management of miscarriages following the Roe v. Wade decision in restrictive states that do not allow medical intervention due to the vague legal terms. This research evaluates the need to establish protocols for providers when faced with nonviable pregnancies requiring medical intervention. Additionally, the paper highlights the impact across the US on women’s health outcomes by emphasizing the care for miscarriage management. This multi-method paper reviews the current literature on miscarriage management and spontaneous abortion MarketScan® data from commercially insured individuals with an age range of 18-50 years old by regions across the …

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …