Law Commons^™

Reviving A Spirit Of Controversy: Roman Catholics And The Pursuit Of Religious Freedom In Early America, Nicholas Pellegrino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Few subjects in American history have elicited as much scholarly attention as religious freedom. Yet, no study has looked at the long tradition of Catholic dissent in America. That story has been limited to narrow articles and monographs on Maryland or Catholic history even though American Catholics have participated in discourses about religious liberty since the Lords Baltimore founded Maryland in 1632. Andrew White, Thomas Copely, and Charles Carroll the Settler advocated for Catholic rights in the seventeenth century. Peter Attwood, Joseph Beadnall, and Charles Carroll of Annapolis followed in their footsteps in the beginning of the eighteenth. By the …

Law Enforcement Officer Stress Management Art Therapy Group Design, Abigail Williams

EVMS School of Health Professions Master's Level Capstones, Projects and Papers

Law enforcement officers are at increased risk for experiencing negative physical and psychological effects of stress. Art therapy can be an effective method for addressing the effects of stress. The goal of this paper will be to present the design for a 16-week stress management art therapy group for law enforcement officers. The purpose of this paper will be to provide art therapists with insight into understanding police culture and needs and how art therapy can address those needs. The design of this group includes an integrative approach to group art therapy treatment in order to maximize effectiveness and meet …

The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps

Political Science Theses and Capstones

The Cold War has been studied repeatedly since the war supposedly ended in 1991. However recent events are starting to cause some concern and make many question whether or not the Cold War actually ended, if it took a different shape or perhaps has just been on pause. I argue that the Cold War has been a conflict that has been going on since 1947 and although the conflict has looked differently in recent decades the conflict was never properly put to an end. The research analyzes US decision making with respect to Russian and Asian relations over the last …

Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega

Politics Honors Papers

For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain …

Tracking Queer Kinships: Assisted Reproduction, Family Law And The Infertility Trap, Stewart Donnell Marvel

PhD Dissertations

The global advent of assisted human reproduction has brought with it an upheaval in social, cultural and legal norms of the family. The centrality of biological reproduction to the traditional heterosexual family has been challenged by reproductive intervention, further destabilizing nuclear family norms already unmoored by same-sex marriage, single mothers, unwed fathers, and increased access to divorce, contraceptives and abortion. As these challenges have shifted EuroAmerican social norms of family, the law has increasingly been called upon to preside over the re-organization of intimate life, operating as a central vehicle to reframe the relationship of the family to the state. …

An Analysis And Examination Of College Undergraduates' Perceptions Of Women In Law Enforcement, William T. Stone ~

Honors College Theses

Throughout the course of history, various perceptions of gender and the roles that each gender should play have been observed. As Western society has progressed, so have the rights of women in many modern, developed nations. In America, women became an integral part of the workforce during World War II. When the war was over, however, they were expected to return to a more domestic role. Today, the number of women in the workplace continues to increase; however, many disparities continue to exist. Traditionally masculine careers, such as policing, have seen smaller increases in the number of women in these …

Gjykata E Drejtësisë Së Bashkimit Evropian, Nora Shabani

Theses and Dissertations

Gjykata e Drejtësisë së Bashkimit Evropian u themelua në vitin 1952 të siguroj që Shtetet anëtare të jenë në përputhje me detyrimet sipas Traktateve, dhe interpreton ligjin e Bashkimit Evropian me kërkesen e gjykatave dhe tribunaleve ndërkombtare. Detyra Kryesore e Gjykatës së Drejtësisë është ruajtja e të drejtës në interpretimin dhe zbatimin e marrveshjeve Gjykata e Drejtësisë së Bashkimit Evropian tani ka juridiksion mbi të gjitha fushat në të cilat shtrihen aktivitetet e Bashkimit Evropian me perjashtim politikën e jashtme dhe të sigurisë. Procedura para Gjykatës së Drejtësisë dhe Gjykatës së Përgjithshmë është e përcaktuar me rregullat e procedurës së …

An Exploration Of Negative Family Factors And Substance Use Amongst Adolescents: The Lasting Effects Of Family Substance Use, Parental Criminality, And Parental Corporal Punishment, Melissa Ann Murray

Masters Theses

Studies have shown that there is a connection between negative family influences and adolescent deviance. The purpose of this study was to investigate how negative family factors may lead to adolescent substance use. The study examines literature that suggests that negative family factors may trigger adolescent substance use. This study utilized secondary data from the 1995 National Survey of Adolescents in the United States (Kilpatrick and Saunders, 1995). A representative sample of adolescents (ages 12-17) and adult parents from the United States was analyzed (n = 4,023). This study examined the direct effects negative family factors have on adolescent alcohol …

State-To-State Child Adoption Variations: A Political Culture Perspective, Erica Trabing

Political Science Theses and Capstones

The domestic adoption system throughout the United States has been complex yet crucial in starting millions of families over the years. About 7 million Americans are considered adopted persons, and as many as 100 million Americans have adoption in their immediate families. Though these numbers seem impressive, there are still 130,000 children in the U.S. foster care system waiting to be adopted. Adoptions in the US fall into one of three main categories. The first is adoption of children from the public foster care system, the second is adoption through private adoption agencies or independently, and the final category is …

Global Hegemon: Chinese Foreign Policy Shifts And Elevated Unpko Involvement, Alex Berge

Political Science Theses and Capstones

A common question being asked in many circles is whether China will emerge as a potential rival to the U.S. as a global superpower? If the answer to this question is “yes” many ask how China will accomplish this. Research suggests that China will obtain superpower status through increased global presence and more cooperation in international organizations, specifically United Nations Peacekeeping Operations (UNPKO). The literature examines Chinese policy changes that allow for more contributions and activity in UNPKOs and also what missions China can now participate in from which it would have formerly abstained. The preliminary results have shown massive …

Addressing Demand For Sex Trafficking In Sweden And The United Kingdom: An Interpretive Policy Analysis Of Demand Reduction Policies, In Consideration Of The Principles Of Deterrence Theory, Katee Stahl

Masters Theses

In recent years, the problem of sex trafficking has migrated to the forefront of prostitution policy discussions, shifting the focus away from arguments surrounding the morality of prostitution, and instead, to consideration of the most effective prostitution policy approach to combat sex trafficking. One popular solution focuses on reducing the demand for sex trafficking by reducing the overall demand for prostitution. In order to reduce demand for prostitution, people must be deterred from purchasing sexual services, in any form, which may be accomplished by criminalizing the purchase of prostitution. The present inquiry will compare the demand reduction approaches of Sweden …

Changing Our Tune: A Music-Based Approach To Teaching, Learning, And Resolving Conflict, Linda Marie Ippolito

PhD Dissertations

The need for change within the legal profession and legal education is critical. To remain relevant and responsive to twenty-first century challenges and complexities the next generation of professionals must be creative, imaginative, and innovative thinkers. Emotional and social intelligence, the ability to collaboratively problem-solve, negotiate, and mediate complex conflict are essential skills needed for success particularly in increasingly settlement-oriented environments. Studies and reports have noted, however, that practitioners are lacking these key skills. How can these new perspectives and essential skills be taught and developed? This mixed methods research study involved five professional musicians and thirty-eight first year law …

Increasing Innovation In Legal Process: The Contribution Of Collaborative Law, Martha Emily Simmons

PhD Dissertations

This dissertation examines the role of innovation in resolving complex disputes, using Collaborative Law as its case study. Innovation, for the purposes of this research, can be defined as applied creativity that leads to optimal resolution for clients. The process of innovation is required to resolve complex problems, which are increasingly prevalent in legal, economic and social spheres. Collaborative Law indeed has the capacity to resolve such issues in the legal realm. Collaborative Law is a process by which parties and their lawyers enter into a binding contract that limits the representation to a facilitative problem-solving process with the intent …

Survival Analysis: Timelines To English Language Proficiency At The Secondary School Level, Elisha W. Beardsley

Graduate Theses, Dissertations, and Capstones

The ELL population in the United States continues to increase. Research suggests that the English language proficiency growth rates for numerous ELL students are strongly correlated with their English language proficiency levels (Cook & Zhao, 2011; Conger, 2008). The results of Conger’s 2008 study suggested that just over fifty percent of students gained English language proficiency after three years. According to the same study, the students that did not typically gain English language proficiency were students who entered public schools older and with a lower English language proficiency level. The current study examines the likelihood of high school ELLs in …

Gjykata E Drejtësisë E Bashkimit Evropian, Riad Shabanaj

Theses and Dissertations

Të drejtat e shteteve anëtare të Bashkimit Evropian janë të patjetërsushme dhe garantohen me Traktatin mbi Funksionimin e Bashkimit Evropian dhe Gjykata e Drejtësisi e Bashkimit Evropian. Ky punim analizon rolin dhe rëndësin e Gjykatës së Drejtësis së Bashkimit Evropian , mënyren se si Funksionon kjo Gjykatë .Më pasë cili është karkteri I Gjykatës së Drejtësis së Bashkimit Evropian dhe rëndesia e saj në të drejtën e Bashkimit Evropian.Në këtë punim gjithëashtu do ti jepet një rëdësi të madhe Vendimeve të Gjykatës së Drejtësis së BE-së dhe se si rastet mundë të ndikojn në të Drejtën e BE-së.

Zhvillimi I Konkurencës Në Bashkimin Evropian Në Shqyrtime Gjygjsore, Liridon Ajeti

Theses and Dissertations

Edhe pse Kosova ende nuk është anëtare e Bashkimit Evropian, njohja e institucioneve dhe e të drejtës së Bashkimit Evropian është më se e rëndësishme për proceset e ardhshme të integrimit të saj, që në pjesë të mëdha është reform juridike drejtuar harmonizimit të së drejtës së Kosovës me të ashtuqaujturin “të arritura e përbashkëta“apo me fjalë të tjera me standartet politike dhe juridike evropiane.Literatura në gjuhën shqipe lidhur me të drejtën evropiane fatkeqsisht lë shumë për të dëshiruar, por kjo mund të jetë edhe pasojë e faktit që lënda është shumë dinamike për shkak të ndryshimeve të shumta që …

Gjykata Ndërkombëtare E Drejtësisë Vendimet, Mirsad Popopva

Theses and Dissertations

Roli i Gjykatës Ndërkombëtare të Drejtësisë, është që në përputhje me të drejtën ndërkombëtare, të vendosen kontestet juridike që asaj i paraqiten nga shtetet dhe për të dhënë mendime këshillimore për çështje ligjore që i referohen asaj nga organet kompetente të Kombeve të Bashkuara dhe agjencive të specializuara. Meqenëse, Vendimet e GJND-së janë objekt studimi në këtë punim diplome, nëpërmjet shpjegimeve nga ana juridike, duke i argumentuar ato me rastet konkrete të vendimeve që ka marrë kjo Gjykatë, e bëjnë më specifik dhe të veçantë këtë punim.

Kushtet e rendit të ri botëror të cilat u shfaqën pas përfundimit të …

Juror Target Monitoring Errors In Multiple Defendant Trials, Lindsey M. Rhead

Dissertations, Theses, and Capstone Projects

When defendants are charged with interrelated crimes it is efficient to join their cases into a single trial; however, a defendant's right to a fair trial may be abrogated by this practice. In multiple defendant trials, jurors may be subject to target monitoring errors - an inability to accurately assign evidence to the correct defendant, much like they are prone to source monitoring errors (i.e., difficulty identifying the specific source of a memory, Johnson, Hashtroudi, & Lindsay, 1993). This research study tested whether target monitoring errors moderated the influence of joining defendants' on juror decisions by varying number of defendants, …

The Political Economic Dimensions Of Executive Compensation Reform: Can The Foundations Of Shareholder Primacy Be Sustained In The Post - Crisis Regulatory Environment?, Dezso Peter Arpad Farkas

LLM Theses

What is absent in much of the literature on executive compensation reform is a deeper appreciation of the shift that has occurred since the latest financial crisis away from performance-based corporate governance arrangements to an approach that seeks to put the brakes on a runaway train, the shareholder value model and its relentless pursuit of shareholder wealth at all costs. By situating this debate into a broader discussion of corporate purpose, corporate governance and the law’s role in how business corporations are run in their social, economic and political environment this project seeks to shed some light onto what really …

Justice Done: Outlawry Crimes In Medieval Iceland, Sarah Stapleton

Theses, Dissertations and Capstones

Examining the Grágás and sagas of Medieval Iceland demonstrates that the laws which governed Medieval Iceland were both strict and lawbreakers were punished ruthlessly when those laws were broken. Despite this, the laws protected the injured party and the families, dependents, and mortgagees of outlaws. Outlawry crimes were broken into main categories: honor crimes, violent crimes, and crimes of wealth. By examining the Grágás and sagas one can see how the laws manifested themselves in Icelandic society.

Conflict Of Laws Aspects In Same-Sex Relationships In Africa: A Comparative Study, Solomon Frimpong Amoateng

LLM Theses

Same-sex relationships will likely be in violation of the laws of most African countries. In Nigeria, Ghana and Kenya, a same-sex relationship is either explicitly prohibited or there is legislation which can be interpreted to prohibit the union. However, the growing trend of the institutionalization of same-sex marriage around the world means that even countries that do not domestically recognize same-sex relationships may be confronted with the challenge of dealing with it in a conflict of laws context. The discussion shows that the strict application of the rule of non-recognition, where the court gives no legal effect to a foreign …

Trajtimi I Të Drejtave Sendore Sipas Ligjit Në Kosovë, Faton Hyseni

Theses and Dissertations

Në këtë punim diplome trajtohen të drejtat sendore sipas Ligjit në Kosovë si dhe e drejta e pronësisë dhe të drejtat tjera sendore, për posedimin,llojet e posedimit në këtë menyrë do të paraqiten mënyrat e përfitimit të pronës, e drejta mbi servitutin etj.

Në kapitullin e parë fokusohemi në një hyrje të shkurtë të drejtës sendore lidhur me nocionin mbi tëdrejtat sendore,po kështu do ti paraqes parimet e drejtës sendore të cilat më mirë do te qartësojnë burimet e së drejtës sendore.

Në kapitullin e dytë , do të trajtohen një term shumë i rendesishem që është Posedimi, do të …

Cases Of Conscience: The Supreme Court And Conscientious Objectors To Military Service During The Post World War Ii Era, Robert S. Rutherfurd

Graduate Student Theses, Dissertations, & Professional Papers

This thesis examines the history of American conscientious objectors to military service during the aftermath of World War II. It describes why conscientious objectors were viewed with distrust and suspicion for their refusal to bear arms in defense of the nation and considers how groups such as the American Legion and the Veterans of Foreign Wars attempted to prevent COs from enjoying key benefits of U.S. citizenship by demanding that conscientious objectors be excluded from public employment and denied most forms of government assistance. This thesis focuses on decisions of the United States Supreme Court following World War II that …

Perceptions Of Climate Change And Water Governance Vulnerability In The Aysén Region Of Chile, Michal I. Helman

Graduate Student Theses, Dissertations, & Professional Papers

While the majority of Chile’s intact watersheds are located in the largely uninhabited southern Patagonia regions of the country, the majority of the Chilean population lives in the nation’s parched central regions. In the face of recent trends in climatic change, including dramatic decreases in snowpack, diminishing glaciers, and shifts in precipitation cycles and seasons, mountain contributions to local watersheds are predicted to continue dwindling as aridification worsens around the world and throughout Chile. Problems associated with aridification are further complicated by Chile’s water history, which has largely revolved around the nation’s fresh water caches subject to private claims and …

Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold

Scripps Senior Theses

The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …

Student Press Law: Past, Present, And Future, David R. Wheeler

Theses and Dissertations--Communication

This dissertation will identify and describe the state of the law regarding student speech and press freedom. The following questions will be explored: What rights do young people have? What standards have state and federal courts established? To what extent and how clearly have state statutes defined student expressive rights? What do state laws say about this topic? What issues have yet to be addressed, either because a case has not raised certain issues or because the issue does not lend itself to compromise or a clear solution? How does the capacity of social media for widespread and rapid dissemination …

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCAC Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris

Legacy Theses & Dissertations (2009 - 2024)

Few issues have captivated the criminal justice world in recent years like wrongful convictions. An advocacy network has developed around the United States, responsible for exonerating more than 1,500 individuals and successfully passing reforms at all levels of criminal justice policy and practice. This "innocence movement" has been described as a "revolution" and a "new civil rights movement," yet has rarely been examined in-depth by scholars. In this dissertation, I explore the history and theoretical underpinnings of the movement through interviews with 37 actors involved in innocence work, archival materials, and observational research. I draw on the rich body of …

The Implementation Of Judicial Policy In Crime Laboratories : An Examination Of The Impact Of Melendez-Diaz V. Massachusetts, Catherine L. Bonventre

Legacy Theses & Dissertations (2009 - 2024)

In Melendez-Diaz v. Massachusetts (2009), the United States Supreme Court held that the Sixth Amendment right to confront adverse witnesses includes the right to confront forensic analysts who produce affidavits certifying the results of forensic examinations used against defendants at trial. The decision thus invalidated the practice of substituting forensic laboratory reports for live testimony in criminal trials. Melendez-Diaz was a divided decision in which four dissenting Justices predicted onerous practical consequences for the practice of forensic science in the United States. Through a web-based survey and semi-structured interviews, this dissertation explored the practical impact of the decision on crime …

When Is Hacking Ethical?, Sharif Rezazadehsaber

Legacy Theses & Dissertations (2009 - 2024)

This thesis examines situations in which computer hacking might be considered ethical. It addresses fundamental questions regarding the motivation and consequences of ethical hacking. The paper is organized into three sections. The first section discusses the history of hackers, classifies them according to their motivational background. The second part of the paper comprehensively describes the features of the ethical or “white hat” hacker group, and explores the positive and negative behaviors of ethical hackers in relation to their ethical principles. In the final section of the paper, I discuss hacktivist groups, their unique ideologies, and the risks they face, including …