Law Commons^™

Attitudes On Solitary Confinement, Emily Dewey

Undergraduate Theses

Solitary confinement is widespread and recognized as harmful in society. However, it is not as researched as other controversial issues, including immigration, gun control, abortion, etc. Due to this, it is hard to gauge how supportive the public is or isn't of related practices. In a general sense, public support has been established by legislators crafting policy, and by extension United States Supreme Court decision making. This is particularly crucial in discussions on interpretations of the 8th Amendment/ cruel and unusual punishment. Existing case law, such as Peoples V. Fischer, found that solitary confinement was arbitrary and needed reform, including …

Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf

Undergraduate Theses

Since stalking laws were enacted in the 1990s, they have been historically difficult to enforce. As less and less of our lives become private due to our ever-present devices, stalkers frankly have more access to their targets than ever before. The tenuous nature of stalking laws and the growing resources for stalkers place targets of stalking in a very precarious situation: the legal system has never been adequately equipped to handle stalking cases, and local justice systems do not have the resources to handle tech-based crimes. Through interviews with actors in the criminal justice system, this presentation considers how these …

Navigating Circuit Splits: Analyzing Career Offender Enhancements In The Federal Sentencing Guidelines Through Canons Of Construction, Riley M. Goff

Undergraduate Theses

This paper analyzes the Career Offender Enhancement within the Federal Sentencing Guidelines. This enhancement can provide unequal sentences for similarly situated defendants in different federal circuits. This paper seeks to investigate the current circuit split and utilize the canons of construction to provide a better understanding of how this split could be resolved and the philosophical reasoning. To answer this question, I conducted a case study on four different cases within four different circuits to understand the courts' reasoning behind their application or lack of application of the Career Offender Enhancement. The results show two main issues surrounding the enhancement: …

What About The Buyers? Deriving Factors Of Demand In The U.S. Black Market, Eric S. Schneider

Undergraduate Theses

The vast majority of econometric research regarding black markets focuses on the supply. Relatively little information is definitively shown in academic literature regarding the drivers of demand for black markets. This project seeks to identify factors of demand for black market goods and services. First, this paper gives a brief definition of the broad definition of black markets, before specifically defining the scope of individual markets which will be included in this project. Next, there is a brief review of recent literature on the U.S. black market in order to determine prime candidates for factors of demand. Then, a robust …

Who Defines The Refugee?: Analyzing The Limitations And Relevance Of The 1951 Un Convention On Global Refugee Protection, Sarah Locke '25

Honor Scholar Theses

This thesis consists of three chapters and a mini-fourth. In Chapter One, I examine the historical context of the 1951 Convention and its lasting implications. I discuss the early history of the international refugee law regime and the power dynamics that shaped the UN Convention’s drafting. Using a postcolonial lens, I evaluate how the historical context of the Convention continues to perpetuate inequalities and exclusions today, especially through the myth of difference. In Chapter Two, I address the limitations of the 1951 Convention through a comparative analysis with two regional conventions. By analyzing the definition of refugee in each convention, …

Blue Chairs And Broken Minds: The Troubled Teen Industry’S Legacy Of Abuse, Macie Barker '25

Honor Scholar Theses

The Troubled Teen Industry (TTI) operates under the veil of rehabilitating adolescents with behavioral challenges. However, evidence reveals a system rife with abuse, manipulation, and inadequate oversight. From the infamous blue chairs of Straight, Inc., to the isolation tactics of WWASP program, this industry has maintained a facade of treatment while subjecting youth to severe abuse. This paper explores the history, recruitment tactics, institutional failures, survivor recovery journeys, and legal battles that define the TTI. Advocacy movements, including Breaking Code Silence and WWASP Survivors, have emerged to combat industry malpractice and push for policy changes to protect vulnerable youth. Additionally, …

Preserving First Amendment Values: Social Media And The Harmful Content Test, Liam Watts

Undergraduate Honors Theses

We live in a world in which the internet is unavoidable. It is used for our everyday tasks (such as sending business emails) and is even used to communicate with other individuals around the world (through messaging services, for example). Another unavoidable aspect of the internet is social media; it is used for communication, news gathering, and engaging in discussion, inter alia. Sometimes, the way individuals use social media is quite aversive. Thus, social media companies have rightfully tried to govern their platforms in a way that attempts to reduce the harm that comes from aversive content. However, social media …

Are The Kids Alright? An Analysis Of Sex Education, The Sexual Behaviors Of Minors And Age Of Consent Laws In The United States, Monica L. Johnston

Senior Theses

This paper explores the sexual development of children, the sexual education they receive, as well as the history of sex laws in the United States, to determine whether the laws regarding education and age of consent adequately protect children. A qualitative survey is also conducted with undergraduate students at the University of South Carolina to determine what topics were discussed in their sexual education curriculum, as well as their sexual behaviors as a minor. While the push for comprehensive sexual education models has been growing, millions of dollars are still being allocated to promote Abstinence Only Until Marriage programs, which …

Delta-8 Tetrahydrocannabinol Policy And Related Health Impact Among College-Aged Individuals In South Carolina: A Scoping Review, Emily K. Luoma

Senior Theses

After the 2018 Farm Bill passed, loopholes were quickly found that led to the popularization of delta-8 THC, a derivative of delta-9 THC, more commonly known as marijuana. Use of this substance became particularly high in states that criminalized marijuana, such as South Carolina. This scoping review aimed to assess South Carolina’s current delta-8 policies in the context of health-related impacts among college-aged students. Comprehensively analyzing the results of relevant studies, it was determined that there are three commonly observed threats to public health that are direct outcomes of existing policies: 1) a lack of quality control standards; 2) misleading …

Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson

Political Science Theses and Capstones

In June of 2021, the National Collegiate Athletic Association adopted its first interim policy regarding Name, Image, and Likeness. From here, college athletes have been able to benefit from opportunities regarding their brand as an athlete. While this development has been historic in its expansion of rights to athletes, it highlights the inequities between male and female athletes. Title IX requires equal opportunity for male and female students. This research raises questions about whether NIL is increasing the disparity between male and female athletes. To answer this question, I looked at NIL data collected by Kyle Ems on the NIL …

Admissions And Outcomes: Evaluating The Predictive Power Of The Lsat And Ugpa, Lindsey Mcmonigal

Political Science Theses and Capstones

Law schools have long relied on Law School Admission Test (LSAT) scores and undergraduate GPAs to predict student success, but the effectiveness and fairness of these metrics remain debated. This study examines whether LSAT scores and UGPA accurately predict bar passage and employment outcomes, analyzing data from the American Bar Association’s Required Disclosures for 197 U.S. law schools. Using statistical methods, including correlation and regression analysis, findings reveal that LSAT scores are a stronger predictor of bar passage than UGPA, while financial aid significantly reduces first-year academic attrition. Additionally, law schools with lower acceptance rates tend to produce better employment …

Charter Schools And Students With Disabilities: Admissions Equity, Kelly L. Carrick

Senior Theses

Many states are now offering parents a choice in where their child attends school, typically offering charter schools as the alternative to public schools. With charter school enrollment on the rise, questions have begun to arise regarding the acceptance rates of students with disabilities, specifically, how do students with disabilities fare in the process of being admitted to charter schools? This research examines the admissions policies of charter schools, the admission rates for students with disabilities, as well as the legality and equity of this topic. Previous research has found that charter schools typically do not accept as many students …

Deportation And Immigration Enforcement In The United States: Analysis Of Regional And Country Variations, Exmond Ofori Sarpiah

Political Science Theses and Capstones

This study examines the motivations behind President Trump’s mass deportation policies due to the inflow of undocumented migrants from different regions in America. The study employs data visualization techniques, such as scatter plot and bar charts, to analyze regional and country variation trends in migrant removals and undocumented populations across global regions.

Toward Gender Parity In The South Carolina Appellate Judiciary, Anna M. Bishop

Senior Theses

In April 2023, former Chief Justice Kay Hearn retired from the Supreme Court of South Carolina, leaving the state without a woman justice on its highest court until June 2024. During this time, South Carolina was the only state in the nation to lack a female presence on its court of last resort. This lack of women was detrimental, as women judges provide crucial insight and experience to the courts on which they serve.

Through a literature review, I examine the importance of women on the bench and how different state judicial selection mechanisms affect the gendered makeup of state …

The “Blurred Lines” Between Copyright Law And Its Role In The Music Industry, Caroline Mcdonald

Senior Theses

This thesis examines the dynamic relationship between copyright law and the music industry by analyzing three landmark cases: Bright Tunes Music Corp. v. Harrisongs Music, Ltd., Williams v. Gaye, and Skidmore v. Zeppelin. Through these case studies, the paper explores how courts assess copyright infringement using the tests of extrinsic and intrinsic similarity, as well as identifies the weight of expert testimony in court, and the role of legal tools such as the inverse-ratio rule. Each case illustrates different implications for artists: from the threat of subconscious plagiarism to the controversial expansion of protectable musical elements, and finally, a shift …

Deference Or Preference: Analyzing The Treatment Of Chevron U.S.A., Inc. V. Nrdc As A Precedent At The Supreme Court, Allison Dehart

Senior Theses

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. is one of the most cited Supreme Court cases in history, with over 18,000 citations in federal courts alone (Merrill, 2012). It has reached doctrinal status and was widely considered a vital precedent, one that guided the fields of environmental and administrative law. However, in June of 2024, the Supreme Court released their opinion in Loper Bright Enterprises v. Raimondo, which overturned Chevron. With the ubiquity of Chevron in US Courts, this decision caused widespread confusion and worry over what would replace the precedent. In an era where environmental …

Beyond The Cell: The Impact Of Parental Incarceration On Children Based On The Factors Of Age, Gender, And Race, Ella M. Zeigler

Senior Theses

Incarceration is a life-changing event. It is humbling to be surrounded by three cement walls and a row of metal bars reaching from the floor to the ceiling. Millions of individuals are impacted by the adverse effects of incarceration, but millions more feel the effect of their incarceration as well. There are obvious negative impacts on those who have personally experienced incarceration, but one of the largest impacts is widely overlooked; one that comes from beyond the cell. This thesis considers the variation in the impact of parental incarceration on children, specifically based on the factors of age, gender and …

The Transition Process Of Syrian Refugee Families Separated By U.S. Immigration Law, Firas Aljijakli

Graduate Theses, Dissertations, and Capstones

Refugees are regarded as one of the most pressing humanitarian issues worldwide due to intricate social, economic, and demographic factors. Changes in U.S. immigration policy across successive administrations, particularly regarding the refugee ban and the duration of the resettlement process, have significantly impacted admission procedures. Consequently, family separations occur during the resettlement process, compelling families to navigate immigration policies while managing the challenges of being apart. This separation from their children greatly affects refugees’ ability to integrate into American society.

The research examines how Syrian refugee families cope with the separation resulting from U. S. immigration law. An important lens …

Key Factors That Influence The Successful Implementation And Sustainment Of Dei Within Probation Departments, Natalie Martinez

Master of Public Administration Capstone Papers

The successful implementation and sustainment of Diversity, Equity, and Inclusion (DEI) initiatives within probation departments is essential to create a fair and just criminal justice system. This paper examines the principal elements that impact the implementation and sustainability of DEI practices in probation settings. This research identifies best practices and challenges in integrating DEI principles into organizational structures by analyzing existing literature, case studies, and policy frameworks. The findings highlight the importance of leadership commitment, policy integration, and measurement, as well as an environment that fosters an inclusive culture. Additionally, the study examines barriers such as resistance to change, policy …

Addressing Gaps In Access: Examining Language Barrier Accommodations In Medicaid Member Handbooks, 2015-2019, Sanskruti Patel

Senior Theses

Objective: This study examines the linguistic accessibility of Medicaid Managed Care Organization (MCO) handbooks from 2015 to 2019 by analyzing the instructions provided to access interpreter and written translation services. Trends were compared over time, considering state and plan-level factors that impact equitable healthcare access for Limited English Proficiency (LEP) enrollees.

Methods: A systematic search using manual efforts and FOIA requests located all publicly available Medicaid handbooks from 2015-2019 (N=657) across 39 states with comprehensive MCO plans. These handbooks were coded by independent reviewers to assess the study outcome variables. Random mixed-effects logistic and linear regression models were conducted to …

التَّسوية الجزائيَّة في قانون الإجراءات الجزائيَّة الإماراتي, Fatima Salem Al Dhaheri

Theses

Penal Settlement in the UAE Criminal Procedure Law

In pursuit of enhancing justice and improving the efficiency of the criminal justice system, modern legislations have witnessed significant developments in the mechanisms through which the state exercises its right to impose sanctions. This has been achieved through the adoption of innovative approaches in criminal policy. Several legal systems have embraced alternative mechanisms to resolve criminal disputes outside the framework of traditional criminal proceedings, whether in cases of violations (infractions), misdemeanors, or even certain felonies. In line with this approach, the UAE legislator introduced the Criminal Settlement System in the latest amendment …

نحو مظلة تشريعية إماراتية لإقرار الشخصية القانونية للروبوتات, سعيد سالم الشامسي

Theses

Electronic Monitoring in UAE Criminal Legislation

With the great progress witnessed in the fields of artificial intelligence and robotics, these technologies have had a direct impact on various aspects of daily life. Smart robots, which have the ability to self-learn and make decisions, are no longer mere technical tools, but have become entities that play vital roles in many sectors such as health, industry, security, and government services. How can the relationship between humans and robots be regulated? Is it possible to give robots a "legal personality" that allows them to bear responsibility for their actions?

The United Arab Emirates …

خصوصيات التقاضي في منازعات العمل الفردية وفق المرسوم بقانون اتحادي رقم (33) لسنة 2021 وتعديلاته, علي مبارك البريكي

Theses

The Specificities of Litigation in Individual Labor Disputes According to Federal Decree-Law No. (33) of 2021 and its Amendments

Modern legislations are increasingly adopting alternative methods for dispute resolution, introducing new mechanisms to reduce reliance on the courts while preserving the parties' right to litigation. Among these disputes, labour disputes—whether individual or collective.

Despite the legislator's adoption of alternative dispute resolution mechanisms, the unique nature of labour disputes has not been overlooked. These disputes require special protection for the worker, who is considered the weaker party in the contractual relationship. Based on this principle, the legislator has introduced modern mechanisms …

إعادة توطين اللاجئين في ضوء أحكام القانون الدولي, منار معاوية الدويكات

Theses

Analytical Study of the Principles of Non-Refoulement and Resettlement of Refugees in Light of the Provisions of International Law

The refugee crisis is one of the most significant challenges facing the modern international community. A report from the United Nations High Commissioner for Refugees (UNHCR) has shown that the number of refugees worldwide has risen to approximately 110 million. This means that a large number of individuals are living outside their home countries, residing in host nations as refugees. While hosting refugees is an international obligation that host countries must adhere to, in some cases, the increasing number of refugees …

المسؤوليَّة الجِنَائِيَّة عن الاتجار بالأعضاء والأنسجة البشريَّة في ضوء المرسوم بقانون اتحادي رقم (25) لسنة 2023 – دراسة مقارنة, مريم سعيد الحمودي

Theses

Criminal Liability for Trafficking in Human Organs and Tissues in Light of Federal Decree Law No. (25) of 2023 – “A Comparative Study”

The crimes of trafficking in human organs and the legal responsibilities they raise are among the most heinous, complex, and multidimensional criminal phenomena, and are considered the most dangerous sources of human rights violations, because they have taken an approach that violates the integrity, dignity, and humanity of the human body

The trade in human organs, as one of the forms of human trafficking crimes, which is an organized cross-border crime, has become a fast …

The Role Of Affordable Housing In Enhancing Tenants' Economic Stability In Connecticut: A Focus On Income, Employment, And Housing Stability, Osaid Zubi

Dissertations

This study examined the role of affordable housing in promoting economic stability among low- and moderate-income households in Connecticut. Focusing on income security, employment opportunities, and housing retention, this research highlighted the significance of affordable housing as a means to alleviate financial strain, support job retention, and foster community resilience. Utilizing a phenomenological approach, the study gathered insights from tenants, policymakers, and developers through conducting interviews and a focus group. Connecticut was chosen as the study site due to its high cost of living and affordable housing shortage, exacerbated by its proximity to New York City. Findings underscore the economic …

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …

Attorney Perceptions Of Plea-Bargaining, Sarah K. Edelen

Undergraduate Theses

The purpose of this study is to gain a deeper understanding of how criminal prosecutors and defense attorneys describe the negotiation process of plea-bargains, and the roles and discretion they exercise during it. Additionally, plea-bargaining is not well understood by many members of the public, so this research allows the public to gain insight and knowledge into the process. This study consisted of in-depth, qualitative interviews with both prosecutors and defense attorneys. The results of the study were analyzed through a content analysis. Overall, it was found that the way the plea-bargaining process is described through the existing literature differs …

Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez

University Honors Theses

This thesis explores the implications of sharenting -- the practice of sharing children's information on mass media--raises urgent concerns about child safety and potential human rights violations -- and the exploitation of children in digital spaces, focusing on the risks of privacy, safety and mental health pose by the rise of kidfluencers – children influencers under the age of 18 – and family vlog channels. Through a comprehensive literature review, the research examines children's online presence's emotional, legal, and societal impacts, drawing from case studies such as Sheri Franke, Wren Eleanor, Ryan Kaji, and JoJo Siwa. The analysis reveals a …

Life, Liberty And Property: Property As A Weapon Utilized Against Native Peoples And As A Tool To Strengthen Native Sovereignty In The Upper Midwest, Jacob R A Ludwig

HS 390 Primary Research Papers

While many Americans today recognize the continuing paternalism of the federal government towards Tribal governments, much still remains unknown to the public regarding the specific laws, policies and treaties that have provided the continuing legal authority for this paternalism. Throughout American history, the relationship between the federal government and Native American tribes can be seen through the use of violence both in law, and outside of it. Treaties, the basis for removal, have been used by both the federal government and subsequently tribal governments to assert their authority over land. In the Upper Midwest, various Anishinaabe tribes signed several treaties …