Law Commons^™

عقد المقاولة من الباطن, سالم صالح العامري

Theses

Subcontract

This research addresses the subject of subcontracting agreements, a significant aspect in construction and engineering fields due to the increasing complexity of engineering projects and the need to distribute work among specialized contractors. The study explores the challenges associated with subcontracting agreements in terms of legal obligations, disputes, and mechanisms for resolving them. It also focuses on analyzing the relationship between the main contractor and the subcontractor, as well as the legal frameworks governing this relationship to ensure a balance between the rights of the different parties.

The research employs a descriptive and analytical approach, utilizing data from legal …

Assessing Alexithymia In Law Enforcement: The Role Of Service Tenure And Sex, Elfego J. Gallardo Jr

Dissertations

ABSTRACT

Alexithymia, characterized by difficulties in identifying and expressing emotions, has significant implications for professions requiring emotional intelligence and trauma-informed response. Law enforcement officers routinely navigate high-stress encounters that demand emotional regulation, clear communication, and empathy, yet those with alexithymic traits may struggle in these areas, potentially affecting interactions with victims, suspects, and the community. This study examined the prevalence of alexithymia among front-line police officers in suburban municipal agencies within the Chicago metropolitan area, using the Toronto Alexithymia Scale-20 (TAS-20) as a standardized assessment. The research addressed three questions: (1) What proportion of officers exhibited normative or elevated levels …

A Law Enforcement Leader's Response To Human Trafficking, Samuel Whitebear

Master of Arts in Criminal Justice Leadership

Law enforcement leaders must consider how their agency can effectively investigate human trafficking in their jurisdiction. These leaders are tasked with creating an agency culture that prioritizes ethical decision making, which directly affects variables such as officer training and officer treatment of trafficking victims during investigations. Ethically sound decision making has rewards, such as inspiring other leaders to act in a similar fashion. Human trafficking training with an emphasis on the thought-behavior link will enable officers to understand the motivations of both traffickers and victims. Untrained officers rely on biases and assumptions when interacting with sex workers. This is because …

The Legal Framework Of Foster Care In Egypt: A Gender Analysis Of Alternative Families And Patrilineal Structures, Amira Fadel

Theses and Dissertations

The thesis explores women’s legal representation and agency over their non-biological children, and how the foster care system in Egypt either reinforces or deconstructs existing gender roles. Hence from a sociological perspective, it accounts for foster and alternative care laws in Egypt and the amendments thereof, to examine social relationships against the backdrop of more conventional, biological families, and kinship relations. In simple terms, studying foster and alternative care laws in Egypt is crucial to grasp how non-biological families are shaped in comparison to the more conventional bonds within biological families and traditional kinship relations, while accounting for the Christian …

The Dilemma Of Shareholder Claims For Reflective Loss In International Investment Law: Diversification Or Fragmentation?, Mohamed Leila

Theses and Dissertations

Shareholder reflective loss (SRL) claims are filed by shareholders seeking compensation for the indirect damage they incur due to the injury directly suffered by their company. The loss of shareholders reflects the company’s loss in the form of a reduction of their share value. While national corporate laws generally adopt a consistent approach regarding SRL claims, fragmentation prevails on the international plane. Domestically, corporate laws prohibit SRL claims for policy reasons, granting the directly affected company the exclusive right of action. On the International level, customary international law, as deduced from the judgments of the International Court of Justice (ICJ), …

Discretion, Deference, And Dysfunction: U.S. Refugee Resettlement From Egypt, Cassandra Mcclellan

Theses and Dissertations

This thesis investigates refugee resettlement from Egypt to the U.S., as facilitated by UNHCR Egypt and the U.S. Refugee Admissions Program (USRAP). Accordingly, the research questions ask what factors determine the volume and profile of refugees UNHCR Egypt submits to USRAP for resettlement, as well as the related determining factors for refugees rejected from and accepted to USRAP. A fourth research question examines the impacts of U.S. refugee policy on the resettlement system in Egypt, including on UNHCR Egypt and refugees. To answer these questions, the thesis first delves into the history of U.S. immigration and refugee policies, with a …

Criminalizing Domestic Violence In Egypt: Legal Gaps, Risk Consequences, And The Need For Reform, Ahmed Hussein

Theses and Dissertations

This thesis advocates for the implementation of domestic violence legislation in Egypt as a crucial legal and judicial reform necessary to prevent such violence and challenge societal norms that normalize it. It first examines the evolution of domestic violence legislation in line with international human rights standards, highlighting its applications worldwide and the role of states to interfere in an aim to combat such violence. The arguments for and against explicit criminalization are analyzed, emphasizing how legal frameworks can alter social behaviors that normalize violence. Following this, the thesis will focus on Egypt's legal framework addressing domestic violence, showing how …

Creating Peer Support For Law Enforcement And Incorporating Cognitive Behavior Therapy, Justin Day

Master of Arts in Criminal Justice Leadership

Creating change such as a new wellness program can be a difficult task, but it can be broken down into specific steps that make it slightly less daunting. Leaders need to be at the forefront of changes within their organization by leading by example and creating a culture that is inclusive of wellness. Utilizing policy creation, a wellness committee and clearly defining goals can help leaders successfully implement a new wellness program. Ethically, many reasons support the creation of a peer support program to help support employees in the criminal justice field. Ensuring ethical expectations and accountability are paramount in …

A Critical Appraisal Of Poverty In The Context Of Nature-Based Communities: Selected Cases From The Philippines, Carla Edith Gonzales Jimena

Dissertations and Theses

The Philippines is considered one of the wealthiest countries in both Southeast Asia and the world when measured by biodiversity, mineral resources and natural resources. It is also one of the most highly mineralized countries on earth. However, despite these natural endowments, when measured by established economic and human development indices the Philippines remains poor. Using critical perspectives derived from Marxist tradition, William Chambliss' theory of law and its dialectical nature, Immanuel Wallerstein's World Systems Theory, and Fred Block's structural mechanism of the state, this study aimed to critically appraise the persistence of poverty in nature-based communities in the Philippines. …

Exploring The Trust Paradox: Adoption Dynamics Of Family Trusts Among Chinese High-Net-Worth Individuals, Janet Jing Di Zhang

Dissertations and Theses Collection (Open Access)

This research explores the adoption dynamics of family trusts among Chinese High-Net-Worth Individuals (HNWIs), focusing on the key barriers and facilitating factors. Despite the formal recognition of family trusts in China under its Trust Law (2001), the adoption rate remains low. This paradox is addressed through a comparative study between Chinese HNWIs in China and those in Canada, examining the impact of legal, regulatory, and cultural factors on adoption rates. By employing a two-stage quantitative approach, the research develops a Trust Adoption Model that incorporates factors like perceived benefits, professional trust, complexity, and regulatory transparency. The study identifies significant barriers …

Reporting Sexual Violence: The Victim's Right To Protection And Justice, Nada Shehata

Theses and Dissertations

Incidents of sexual violence are still under-reported to legal institutions in Egypt despite the recent legal amendments. The reasons for under-reporting SV incidents to police stations appear to be the same that justifies victim’s non-reporting or resorting to various social media accounts on Facebook and Instagram as “Daftr Hekayat” and “AssaultPolice” which provided a safe space for them to reveal the assault incidents and warn potential victims from the shamed assailants. As successful as these accounts are, they have their drawbacks. It is not accessible to economically and educationally disadvantaged victims, and lately, the perpetrators started to file defamation lawsuits …

My Wings Are Not Broken: Black Males, Carcerality, And Education, Crystal M. Welch-Scott

Dissertations, Theses, and Capstone Projects

Historically, educational spaces have been sites of racialized inequality for Black youth, creating disparate educational outcomes. The disproportionate divide between young Black and White men continues throughout the life of their academic journey, and this research seeks to examine its impact on dropping out of school. The experience of Black young men being “othered” – compared to their White counterparts – coupled with the myriad ways Black youth must navigate normalcy creates additional challenges they must carry. This dissertation employs critical race theory and ecological systems theory as theoretical frameworks. It utilizes hierarchical regression modeling of the High School Longitudinal …

Constructing Women Who Do Not Reproduce In Global Neoliberalism: Critical Approach To The Abolition Of Legal Ban On Abortion And The Struggle In South Korea, Yumi Kwon

Dissertations, Theses, and Capstone Projects

This study historically examines the abolition of the legal ban on abortion and the struggle in South Korea, focusing on the construction of the status of “women who do not reproduce”, and accordingly aims to critically analyze how neoliberal reproductive crisis in South Korea has been reorganized into the new order through the constitutive role of the struggle.

The results of the analysis are as follows: First, by examining Fraser’s theory, I explain that when the “boundary” dividing the realms of production and reproduction is a place of contradiction and struggle, the phenomenon of women not reproducing is centrally located …

Quantifying Educational Impacts Under The Nypd's Stop-And-Frisk Era, Matthew T. Stanton

Dissertations, Theses, and Capstone Projects

This project examines the educational and economic impacts of the New York Police Department's "Stop, Question, and Frisk" (SQF) program, implemented predominantly under "Operation Impact" from 2003 to 2022. Using data from the NYPD and the American Community Survey, the study explores correlations between high rates of stop-and-frisk encounters and reduced educational attainment among targeted demographics, primarily Black and Hispanic young men. It contextualizes the socioeconomic consequences of SQF policies, including their effect on lifetime earnings and community trust. The project highlights the limitations of data correlation, advocates for further longitudinal and qualitative studies, and suggests frameworks for mitigating inequities …

The Right To Truth In Transitional Justice, Nouran Hassan

Theses and Dissertations

Transitional justice is sought by nations suffering from legacies of human rights violations. The field of transitional justice stands on four main pillars: truth seeking, criminal justice, reparations and guarantees of non-recurrence. It promotes utilizing legal and non-legal mechanisms to achieve a transition to democracy and the mechanisms employed must relate to, at least, one of its pillars. Truth is considered substantial for transitions to happen. Revealing the truth is believed to be essential for reconciliation and promoting peace. However, in various experiences the truth did not lead to reconciliation and was widely distorted. The approach of the transitional justice …

Law Enforcement In Kentucky Schools - Student Interactions And Current Practices, Lee Ann Morrison

Online Theses and Dissertations

This mixed-methods study investigates the role of school resource officers (SROs) in Kentucky and describes their interactions with students. This study aimed to provide a comprehensive understanding of how SROs interact with students and the implications of those interactions. The quantitative phase of the research involved a secondary analysis of student behavior violation data and the reported outcomes for students. Data indicated that student interaction with SROs did not lead to a significant student arrest rate. In the qualitative phase of the study, a focus group was conducted with school resource officers to explore their daily interactions with students. Qualitative …

Stigma And Isolation: The Lived Experiences Of Male Sexual Assault Survivors In College, Vanessa Vela

Theses and Dissertations--Family Sciences

Male sexual assault survivors on college campuses face barriers to disclosure, support, and recovery due to stigma, societal expectations of masculinity, and inadequate institutional resources. This hermeneutic phenomenological study explored the lived experiences of six male survivors of sexual assault enrolled in college, focusing on their perceptions of sexual violence before and after their assault, the psychological burden of disclosure, and their experiences with available support systems. Participants described challenges including rape myths, feelings of isolation, fear of emasculation, and limited access to gender-inclusive resources. While online communities provided some support, institutional services often failed to meet their needs due …

Empirical Essays On Mobility-Restricting Covenants, Lorenzo G. Luisetto

SJD Dissertations

This thesis, which consists of four essays, uses empirical methods to study questions on the use of mobility-restricting covenants in business and employment contracts.

The first chapter investigates the spillover effects of the so-called “No-Poach Initiative,” an enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018 that led 237 franchisors to agree to stop using no-poaching clauses—i.e., provisions in franchise contracts that prohibit franchisees from hiring each other’s employees—nationwide. I document that approximately one third of the franchisors not targeted by the No-Poach Initiative removed the no-poaching clause from their franchise …

The Bugbear Of Indigenous Commercial Fishing Rights On The Eastern Frontiers Of Australia And The United States, Teresa Singh

LL.M. Essays & Theses

Restrictions on the commercial exercise of Indigenous fishing rights are plentiful across the U.S. and Australia. They have particular force and prevalence for Indigenous communities residing in the sites of the first colonies in both nations. This note exposes the common history underlying the diminished rights in these regions and argues the situation amounts to a critical environmental injustice. It follows that environmental justice advocates and scholars should embrace and advance the more encompassing iteration of Indigenous fishing rights urged by this note and support their restoration as a form of corrective justice for these communities.

Custom And Adjudication In International Law Through The Civil Law Tradition In Colombia, Juan Felipe Silva Bustamante

LL.M. Essays & Theses

International Law has often been described as a decentralized domain, in the sense that the authority to create the law doesn’t derive from a sole center of power. This is especially true in the context of normative production through Customary International Law. Multiple and disaggregated expressions of state practice and opinio iuris come together in the formation of custom, and a variety of actors, which authority is often contested, including international organizations and tribunals, play a major role in identifying the rules of customary law.

One could also speak of decentralization, or at least of non-systematization, in the domain of …

Consequences Of Artificial Intelligence In Health Insurance: Lawsuits, Policy, And Ethics, Alyssa N. Roberts

Honors Undergraduate Theses

In recent years, the healthcare system has been burdened by a multitude of obstacles that hinder the ability to provide effective, affordable, and timely care. Among these, one of the most significant challenges is the role that health insurance plays in shaping the quality of care. Health insurance companies are designed to decrease financial strain on patients, but they have introduced inefficiencies through delayed coverage approvals, increased denials, and administrative costs. Artificial intelligence (AI) has started to play an integral role in resolving these issues for the health insurance industry. Through its quick automated claim processing, fraud screening, and reduced …

Looking Beyond The Blue: Exploring The Experiences Of Black Female Police Officers During Training, Stephanie M. Almodovar

West Chester University Doctoral Projects

This study employed a basic qualitative approach to explore the experiences of Black cisgender female police officers during the field-training segment of their police academy experience. Individual interviews were conducted using semi-structured questions to gain insight into how these officers interpreted and made sense of their experiences. The sample consisted of five Black female officers employed at accredited law enforcement agencies in the United States who had completed field training within the past decade. Data was collected through interviews and a demographic questionnaire. The interviews were transcribed and analyzed using both inductive and deductive coding. Four key themes emerged from …

The Centerline Presumption And Easements: A Property Owner's Guide To Understanding Property Rights In Land Ownership Disputes For Inverse Condemnation Lawsuits, Grant Houske

Law Student Works

In this Pathfinder guide, you will find a comprehensive analysis concerning the legal doctrine known as the centerline presumption combined with easements as two foundational requirements to establish liability as a basis for landowner property rights in asserting claims for an inverse condemnation claim/ "takings" claim, or quiet title lawsuits.

The research for this pathfinder will include history on the evolution of the centerline presumption, the "strip and gores" doctrine, easements, and the application of an easement with respect to potential ownership rights in real property subject to the possible application of the centerline presumption where a property owner can …

Concealed Carry And The Right To Self Defense In Missouri, Andrew Stafford Ii

Law Student Works

Firearm regulation, both nationally and in Missouri, sits at the center of ongoing constitutional debate and evolving public policy. Missouri’s legal landscape reflects a significant shift over the past two decades. The state moved from a traditional permit-based concealed carry system to a broad permitless carry framework that allows most adults to carry concealed firearms without a permit. This shift follows major developments in federal Second Amendment case law, including District of Columbia v. Heller, McDonald v. Chicago, and New York State Rifle & Pistol Ass’n v. Bruen, as well as Missouri’s 2014 constitutional amendment requiring courts to evaluate restrictions …

The Powers That Perpetuate Child Marriage In India, China, And The United States, Ava Kegler

Undergraduate Honors Theses

Child marriage is a crisis that continues to be practiced in many countries around the world. This is not to discredit the progress that organizations like the United Nations Children’s Fund (UNICEF) and Girls Not Brides have made to aid countries in their process of eliminating child marriage. However, the commitment to completing the UN Sustainable Development Goal (SDG) of ending child marriage by 2030 seems less achievable as we enter 2025. The question this thesis considers is why this goal is challenging to reach. While child marriage is prominent in developing nations, caused by high poverty rates, low education, …

Does The 25th Amendment Merit Reform?: The Challenge Of Determining Presidential Disability, Karena R. Andreassen

Honors Theses

This research project examines the persistent lack of use of the 25th Amendment to the United States Constitution in its original form, despite many calls for the reform of the language or expansion of its application as situations unfold. Adopted in 1967, the amendment was created to address the challenges of presidential succession and incapacity. However, historical events over the last few decades, such as the assassination attempt on Ronald Reagan, Reagan’s colon cancer, and the general increase in the age at which presidents assume office, have contributed to scrutiny over the amendments’ provisions. This study will explore why specifically …

A Constitutional View Of Administrative Agencies, Anthony J. Diego

Honors Undergraduate Theses

This research focuses on a nuanced area of American law and history: the constitutionality of administrative agencies. Determining their constitutionality requires a sound and fundamental understanding of administrative agencies’ history and purpose, as well as applicable constitutional principles. Reliance on core legal and historical documents founding the United States, as well as existing literature analyzing them, is essential to this determination. Administrative agencies have existed within the United States government since the Founding, though not without scrutiny and exception to government operations. Recently, Supreme Court precedent dramatically changed agency operative functions, making it now an opportune time to analyze the …

Crisis, Controversy, And Credibility: Rhetorical Appeals In Governor Desantis’ State Of The State Addresses, Victoria E. Laird

Honors Undergraduate Theses

This paper examines how Governor DeSantis has used rhetoric to advance his political identity and policy during the Florida legislative sessions from 2019 to 2025. Using rhetorical analysis, the study identifies linguistic techniques and persuasive devices that help shape DeSantis’s policy agenda and drive legislation. This study is important as it explores the ability of political figures to ground themselves in language and push political ideologies. The findings reveal a consistent emphasis on ethos while simultaneously appealing to unity, strengthen, and moral clarity. Over time, DeSantis’s rhetoric evolves from defensive to assertive leadership framed by appeals to national policy and …

Criminal Defenses In The Age Of Ai: An Examination Of How Technological Advancements Are Challenging Traditional Duress And Mistake Of Fact Defenses, Lauren Lepage

Honors Undergraduate Theses

AI has rapidly evolved into a defining force of modern life, transforming industries by automating tasks, streamlining workflows, and enhancing everyday experiences. However, the same advancements, especially in deepfakes, now enable highly convincing manipulation of audio, images, and video, blurring the line between truth and fabrication. As these technologies grow more accessible, they not only reshape digital interactions but also challenge core principles of criminal law and culpability. This research examines the rapid advancement of Artificial Intelligence (AI) and deepfake technology and analyzes the challenges they pose to traditional criminal defenses. Employing a doctrinal legal research approach, it evaluates statutory …

An Analysis Of Florida's Dual Enrollment Laws: How Florida's Model Is Uniquely Protected By The Fourteenth Amendment, William H. Hamman

Honors Undergraduate Theses

Florida’s dual enrollment program is an offering within the state’s basic education package, allowing secondary students to participate in postsecondary courses while simultaneously earning secondary and postsecondary credit. In Florida, around 80,000 students participate annually, and 1.5 million students are within the grade range eligible for participation in the program. This thesis analyzes how the program, and subsequently eligible students, are granted constitutional protections under the Fourteenth Amendment. The author conducted this research to highlight the expansive nature of constitutional law and demonstrate how Florida’s model is unique among state-mandated dual/concurrent enrollment programs. To conduct the necessary research, the author …