Law Commons^™

The Fate Of $15, John S. Spina

Capstones

The Fight for $15 is reinvigorating the labor moment in ways people never thought possible. In just over three years it spanned the nation and won increased minimum wages in major cites across the country. Governor Cuomo now prepares to pass the nation's first state wide $15 minimum wage in New York, but not without strong opposition.

Daily Fantasy Sites Engage In A Legal War For Survival, Danni R. Santana

Capstones

Over the past two years, the world has changed its perception of daily fantasy sports. FanDuel and DraftKings have taken the world by storm, making huge profits off even the casual fans desire to win money everyday, instead of just once at the end of a season. Lawmakers have noticed and are eager to regulate the business or ban it altogether, as seen in New York. What was once a weekend hobby is now a multi-billion dollar business. A business lawmakers say is just another form of gambling and doesn't require skill.

Unsettling: Syrian Refugees And The Struggle To Resettle, Marguerite Ward

Capstones

The federal government oversees a complex program to help Syrian refugees come to the U.S.. But the effort does not always live up to all its promises, potentially making the path more difficult for refugees striving to adapt to their new homeland.

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …

Global Health Security Agenda Legal Landscape Assessment, Natasha M. Nussbaum

Master's Projects and Capstones

The Global Health Security Agenda (GHSA) was created on February 13, 2014, to improve country's ability to detect, prevent and respond to emerging health threats. Eleven action packages were created. The detection action package included antimicrobial resistance, zoonotic diseases, national biosafety/biosecurity and immunization. The prevention action package included establishing a national laboratory system, strengthening real-time biosurveillance, advancing timely and accurate disease reporting and establishing a trained global health security workforce.The response action package focused on establishing emergency operation centers, linking public health and law enforcement and enhancing medical countermeasures/personnel deployment.

The following paper summarizes the components performed for the GHSA …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …

Flaws In The Justice System: Examining The Angel Cordero Case, Rose C. Itzcovitz

Capstones

This article examines a case in criminal law that started 17 years ago and has yet to be resolved. Despite a plethora of mounting evidence, including a confession, more than a dozen witnesses, a proven false alibi, impeaching evidence against police and DNA evidence, Bronx-born Angel Cordero's conviction has yet to be overturned. The article breaks down what went wrong in the initial trial, discusses Cordero's multiple appeals and takes a broader look at what needs to change in today's judicial system.

The Failure Of The Canadian Human Rights Regime To Provide Remedies For Indigenous Peoples: Enough Time Has Passed, Jeffery Gordon Hewitt

LLM Theses

In 2008, Canada amended the Canadian Human Rights Act to remove s.67, which in essence precluded Indigenous Peoples from bringing complaints as against Canada and Band governments. Since the amendment took effect in 2010, a multi-fold increase has occurred in the number of complaints filed with the Human Rights Commission of Canada from dozens to hundreds. The first such significant complaint to be heard by the Canadian Human Rights Tribunal was filed by the First Nation Child and Family Caring Society along with the Assembly of First Nations (the Complaint). The Complaint alleges Canada's funding with respect to First Nation …

Use Of Preponderance Of Evidence In Campus Adjudication Of Sexual Misconduct, Elizabeth Sommer

All NMU Master's Theses

How higher education institutions (HEI) handled sexual misconduct cases matters. It matters for survivors, accused, administrators, parents, HEI leaders, regulatory bodies (such as the Office for Civil Rights), and the general public. The 2011 Dear Colleague Letter published by the Department of Education’s Office for Civil Rights mandated the use of preponderance of evidence in all sexual misconduct cases (Ali, 2011). The change to utilize a low burden of proof, preponderance of evidence, was and is controversial. Despite a large literature base of legal opinions on the use of preponderance of evidence in the campus adjudication process, there are few …

Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell

Master's Projects and Capstones

The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …

Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore

UNLV Theses, Dissertations, Professional Papers, and Capstones

The lofty idea of equal justice for all is not the reason legal aid began in the United States. Legal aid was born from the indignation over injustices committed against the poor. Unable to afford an attorney, the poor could not effectively assert their rights within the criminal and civil justice system. Without access to justice through the courts, the extralegal activities required to defend oneself and exact justice such as personally forcing an employer to pay rightful wages, are deemed criminal in most cases. By providing legal resources to the poor, legal aid not only brought order to society …

Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips

LLM Theses

This thesis challenges the tendency within feminist legal thought to imagine a sharp division between law and lived experience, and specifically between feminist methods that engage legal discourse and those that invoke grassroots narratives grounded in experience. In order to better elucidate the relationship between legal and experiential discourses, the author compares recent legal discourse on sexual assault focusing on two Supreme Court of Canada decisions with women's own accounts of sexual violence, as presented in mainstream news media in the wake of the 2014 Jian Ghomeshi story. The findings, examined through the lens of feminist scholarship, support a view …

Governing Water In Canada: The Legislative Experiments In New Governance, Patricia Hania

PhD Dissertations

Governing water in Canada is in transition. Since 2000, episodes of drought, unsafe drinking water, and polluted watersheds have affected local and First Nations communities. In reaction to these crises, provincial regulators entered a new governance phase. This regulatory turn profoundly transforms the traditional environmental regulatory approach by introducing a collaborative new governance arrangement. The legal scholarship is generally supportive of this trend, however, a dearth of empirical research exists to understand how decisions are made under this new regulatory approach.

This dissertation presents an eco-resiliency framework to examine the responsiveness of this new governance mode to environmental change. The …

False Universalism Of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions And The Global South, Sujith Xavier

PhD Dissertations

Why are theories of global governance unsatisfactory? Why are theories of global governance unable to integrate the lived realities of the people of the global South? International law and its institutions are growing at an unprecedented speed and this expansion has captured the curiosity of international lawyers and international law scholars. As international law and its institutions continue to grow, there are concurrent concerns regarding their democratic foundations. A large body of scholarship encapsulates these anxieties through the prism of global governance. In particular, two specific theories of global governance, global constitutionalism, and global administrative law, seek to introduce ideas …

Content Analysis Of Pre- And Post-Jones Federal Appellate Cases: Implications Of Jones For Fourth Amendment Search Law, James A. Purdon

Master of Science in Criminal Justice Theses & (Pre-2016) Policy Research Projects

This study examines the state of Fourth Amendment search law in relationship to the decision in the recent, landmark case of United States v. Jones. This study focused on the effects of the Jones decision, trespass doctrine, relative to the former precedent of Katz v. United States, reasonable expectation of privacy doctrine, and the rates of searches being found under these two tests (or a combination of both). This study used a qualitative content analysis of federal appellate cases which cited Jones and/or Katz to answer the following questions: Which tests were being used in federal appellate cases …

They Promised To Leave Us Some Of Our Land: Aboriginal Title In Canada's Maritime Provinces, Robert Colin Hamilton

LLM Theses

This thesis analyzes the status of Aboriginal title in Canada's Maritime Provinces in light of the Supreme Court of Canada's historic declaration of Aboriginal title in the 2014 decision of Tsilhqot'in Nation v. British Columbia. This thesis argues that, in light of the clarified legal principles articulated by the Court, it is very likely that Aboriginal title can be proven to have existed in the Maritime Provinces. In light of this conclusion, the inquiry then shift to whether that title was legally extinguished. The legal parameters of the extinguishment question are surveyed in considerable detail and it is concluded that …

Domestic Violence In Saudi Arabia, Sahar Alhabdan

Maurer Theses and Dissertations

Family violence is a serious issue that affects women in Saudi Arabia. In response to cultural acceptance of violence between spouses in Saudi Arabia, the government issued its first law criminalizing domestic violence in 2013. The Protection from Abuse Act was proposed to improve protection for women and to punish the abusers, but several articles in the Act may reduce its effectiveness. Issuing laws prohibiting domestic violence cannot by itself protect women. Women should be protected under family law by preserving their rights to marry, divorce, obtain custody of children, and receive alimony. This dissertation will study the issue of …

The Effect Of International Adoption As An Orphan Care Method In Uganda, Amy N. Bergey

Selected Honors Theses

International adoption has been gaining popularity since the end of the twentieth century (Selman, 2002). Throughout this increase in international adoptions, the focus has drifted away from its original goal of providing homes that are in the best interest of the children (Graff, 2008). It has become more common for international adoption agencies to conduct international adoptions as a profitable business strategy, as international adoptive parents pay an average of $40,000 for a child (MGLSD, 2012; Graff, 2008). While this is not always the case, corruption is prevalent in the system and can endanger children to trafficking and illegal adoptions …

A Long-Term Follow-Up Of Crossover Youth: Young Adult Outcomes For Maltreated Youth In The Juvenile Justice System, Carly Lyn Baetz

Dissertations, Theses, and Capstone Projects

Crossover youth, those with histories of childhood maltreatment and delinquency, may be at high risk for negative outcomes compared to other youth. However, very little is known about the long-term outcomes for this population. This dissertation compared four groups: youth with histories of child maltreatment and juvenile arrest (n = 180), youth with a history of maltreatment only (n = 428), youth with a history of juvenile arrest only (n = 91), and youth with no history of maltreatment or juvenile arrest (n = 496), on a range of outcomes, including mental health, education, employment, and criminal behavior. Data from …

Eyewitness Identification Jury Instructions: Do They Enhance Evidence Evaluation?, Marlee Kind Berman

Dissertations, Theses, and Capstone Projects

Mistaken eyewitness identifications are a leading cause of wrongful convictions. Even with procedural safeguards (e.g., cross-examination) in place, jurors still have difficulty evaluating the reliability of eyewitness identifications. The purpose of the present line of research is to examine whether the issue-specific judicial instructions, set forth by the New Jersey Supreme Court (New Jersey v. Henderson, 2011), effectively sensitize jurors to eyewitness identification accuracy. Results of the first study indicate that the current Henderson instructions delivered on issues specific to a case are not as effective as intended. Results of the second study indicate a sensitivity effect, such that mock …

Knowing Children/Children Knowing: Nineteenth-Century British Child Law And Literature, Donna Paparella

Dissertations, Theses, and Capstone Projects

Why are nineteenth-century literary narratives filled with children's accounts of bad parents, dead parents, absent parents, and surrogate parents? What are the origins of our current preoccupation with children as evidenced, for example, in Ian McEwan's new novel, The Children Act; New York State's recent amendments to the name and role of "Attorney for the Child"; and today's vehement debates over parenting styles? The mid-nineteenth century was a period of intense preoccupation with "the child": it engendered family law; it generated an explosion of representations of children in art and literature; and it witnessed the beginnings of the scientific …

A Cognitive-Based Indicator Of Deviant Sexual Arousal: Concurrent Validation Of The Emotional Stroop, Ashley H. Spada

Dissertations, Theses, and Capstone Projects

One of the strongest dynamic predictors of sexual recidivism among sex offenders is deviant sexual arousal (DSA; Hanson & Bussiére, 1998). Phallometric testing, the most commonly used method of assessing DSA, has elicited numerous methodological, ethical, and financial criticisms, while self-report measures are vulnerable to social desirability and lack of self-awareness. In an effort to overcome the limitations of previous measures of DSA, researchers have employed cognitive measures including a modified version of the Stroop task to measure DSA among sexual offenders (Price & Hanson, 2007; Smith & Waterman, 2004). These original studies used victim selection to assess the concurrent …

Deception As Forgery: The Role Of Reference Information In Honesty And Deceit, Timothy John Luke

Dissertations, Theses, and Capstone Projects

Using concepts derived from cybernetics, self-presentation theory, and research on human self-regulation, I develop a cybernetic perspective of deception and self-presentation. In this perspective, human communication, both honest and deceptive, is controlled by feedback mechanisms. I report two studies designed to test the basic prediction derived from the cybernetic framework that deceivers are able to better emulate truth-tellers when they have access to relevant reference information about the way truth-tellers behave. Each study manipulated liars' and truth-tellers' access to reference information in a different manner. In Study 1, some participants viewed video recordings of people being interviewed in a manner …

Narrating Climate Change At The San Juan National Historic Site At The Community Level, Leslie Paul Walker Jr.

USF Tampa Graduate Theses and Dissertations

While the National Park Service is charged with interpreting and preserving areas designated as park resources, they must also manage environmental issues such as erosion resulting from climate change. This research sets out to narrate how Palo Seco, Puerto Rico, a neighboring community of the San Juan National Historic Site, perceives similar environmental conditions and motivations for addressing these issues. My research sits at the intersection between the park’s charter and understanding community implications of environmental changes that affect local heritage. Using Authorized Heritage Discourse and environmental justice as theoretical frameworks, I suggest that the National Park Service should include …

The Rule Of Liberal Legalism: The Challenge Of The Normativities Of Multiple Modernities And Religious Diversity, Noorjahan Pirani Hirji

LLM Theses

In Canada profound diversification of multiple moral, political and normative commitments of a multiplicity of communities is unstoppable. Its historically liberalized, modernized and secularized law dominates principles of procedural justice in expressing the monistic liberal theory of rights now entrenched as individual rights within its charter. For religious believers, basing legal and political life on moral behavior acquired through generations of norms is integral to both security of state, and integrity of multiple communities. Tension exists between religious rights, demands of different visions of the good life, secular politics and the slow reshaping of liberal constitutional law in recognizing religious …

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …

On The "Poverty Of Responsibility": A Study Of The History Of Child Protection Law And Jurisprudence In Nova Scotia, Ilana Luther

PhD Dissertations

This thesis presents a history of child protection law and jurisprudence in Nova Scotia. The thesis begins by examining the development of the first child protection statute in Canada, the Nova Scotia Prevention and Punishment of Wrongs to Children Act in 1882. The Act was developed amidst a climate of reform in late-19th century Halifax, at the urging of the Society for the Prevention of Cruelty to Animals. The Act, along with a number of other pieces of “domestic relations” legislation at the time, was focused on protecting children in poverty. With the passing of the Act, the legislature not …

Of Truths, Secrets, And Loyalties: Political Belonging And State Building In Poland After State Socialism, Saygun Gokariksel

Dissertations, Theses, and Capstone Projects

This dissertation is an ethnographic study of the accusations of 'collaboration' with the communist-era secret service in Poland's capitalist democracy. Situated in the global context of the 1989 'revolutions,' it examines the role of law in redrawing the moral and political boundaries of the new body politic and redefining the loyalties of the new citizen-subject of the neoliberalizing state. Specifically, my research concentrates on the legal process called 'lustration' (lustracja) in Poland, the state-centered purges of real or imagined secret communist agents, informers, and spies. Focusing on the contentious legal-political struggles from 2005 to 2008 and their aftermath, it explores …

Study On Related Issues Of Compensation For Oil Pollution Damage By Offshore Drilling Platform, Hongyan Wu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.