Law Commons^™

Helpful Intentions? Impact Of Intentionality On Children's Memory For Forensically-Relevant Information, Ella P. Merriwether

Dissertations, Theses, and Capstone Projects

Rationale: When a child is a witness or victim of a crime, they are often asked a barrage of questions regarding when the crime took place, how many times it occurred, and how the abuse unfolded (Cross & Whitcomb, 2017; Sullivan et al., 2022). These questions can be problematic because they rely on concepts for which children may lack memory or linguistic ability to answer (Fenson et al., 2000; Friedman, 1993). One fundamental element missing from the copious research (e.g., Brubacher et al., 2012; Stolzenberg et al., 2017a; Wylie et al., 2021) on children’s ability to recount forensically-relevant information is …

(Dis)Invested Bodies: The Neoliberal Crafting Of Disability, T. Wesley

Electronic Theses and Dissertations

Using the Americans with Disabilities Act (ADA) as a unifying text, my dissertation explores the relationship between cultural production and the neoliberal crafting of humanity, the term I use to describe how social dimensions—including the construction of the textual and material body—become reorganized and governed through market relations. While many disability scholars and activists frame the ADA’s failures through social misunderstandings of disability, few have seriously attended to the limits of the ADA as a neoliberal fusing of economic governance and classical liberal individualism.

Tracing convergences between the ADA and earlier US disability legislation to socioeconomic and political reforms enacted …

The Impact Of Adverse Childhood Experiences And Child Protective Services Involvement On Juvenile Delinquency, Liana Pachot

Master of Arts in Human Services

In this paper, the aim is to study the relationship between adverse childhood experiences and the cause and effect that these experiences have on adolescent behavior that leads to delinquency involvement. Along with this, we will look at the impact of human services professionals, like child protective services, and their impact on these challenging behaviors and goal of decreasing recidivism. We will look at the structure of the juvenile justice system, and how human service professionals play a role in the systems that impact the adolescent delinquency population. There will also be a breakdown of what Adverse Childhood Experiences are …

Role Overload And Perceived Stress In U.S. Police Officers: A Replication Study, Michelle A. Hanna Collins

Seton Hall University Dissertations and Theses (ETDs)

The current study sought to replicate a prior study (Duxbury & Halinski, 2018), conducted with Canadian police officers, to further explore the generalizability of their theoretical model of work- and family-role overload as sources of stress for male and female police officers in the United States. The Canadian study supported the proposed relationships between work-role overload, including four antecedents (Competing Demands, Outside Work of One’s Mandate, Non-supportive Culture, Employed Hours Worked), family-role overload (Dependent Care Hours), and police officer stress. A total of 357 United States law enforcement officers participated in the present study. A multivariate analysis was conducted utilizing …

Killers That Once Were Humans: Reading The Role Of Modern Law Via Instrumental Rationality, Momen Abdelbari Hassan

Theses and Dissertations

For Max Weber, the process of modernization is the process of rationalization in which it includes every realm in our modern life, such as the economy, science, organization, education, and law. However, this kind of rationalization has created coercive and inhumane conditions because rationalization has converted to being instrumental (value-free) without regard to any transcendental or moral values. The inhumane paradigm has become the only fate of our world. The vision needs rational domination to be achieved through formal rational law. Modern law, along with bureaucratization, has paved the road to rational political domination. This kind of domination captures human …

This Is A Call To Action For All Primary Care Providers: Do Better For Your Transgender Patients, Kate Castor

Theses and Graduate Projects

Background: Patients of all ages benefit from primary care. However, not everyone has equal access to primary care. Transgender patients often face a multitude of barriers to receiving basic healthcare.

Purpose: Improve health outcomes for transgender patients, enlighten providers on significant disparities, and offer solutions to these disparities faced by transgender community in the healthcare setting and when receiving cancer screening.

Methods: Literature review comprising results from Augsburg University Lindell Library databases, American Journal of Medicine, and Google Scholar.

Conclusions: Everyone can do better for their transgender patients, but primary care providers should take extra care cultivating relationships with these …

The Status Of Abortion Care Training For Medical Providers Amidst The Current Abortion Access Crisis: A Literature Review, Leah Johnson

Theses and Graduate Projects

Background: While a common, safe, and essential aspect of reproductive healthcare, abortions have been subject to countless legal restrictions and bans in the United States, especially after the overturn of Roe v. Wade. This has also exacerbated the current shortage of abortion providers. Within this crisis of worsening abortion access, it is imperative to appropriately train future clinicians to provide abortion care. Purpose: This literature review will investigate the status of abortion training in medical schooling. It will explore physician-specific education in abortion and look specifically at the impact of recent legal threats on the availability of this training. Finally, …

"We'll Handle Our Business": How Immigrant Perceptions Of Police And Police Legitmacy Influence Legal Cynicism And The Mobilization Of Law, Patricia Espiritu Advincula

Master's Theses

Using a qualitative, exploratory approach, semi-structured interviews with first-generation and second-generation immigrants residing in San José, CA who were victimized by a crime were conducted to explore immigrant perspectives of the criminal justice system and the law. The guiding research questions of this study are: (1) what influences immigrants to report crimes and what are the barriers to crime reporting? and (2) what are immigrant perceptions/attitudes of local law enforcement? A total of 39 semi-structured interviews were thematically coded to understand immigrant experiences with police officers and how these perceptions of local law enforcement influence the mobilization of law and …

Returning Power To The Mashpee Wampanoag Tribe: Energy Policy And Tribal Autonomy, Nicolas Land-Kazlauskas

Capstone Collection

This policy brief addresses tribal autonomy, energy policy, and the resources of the Mashpee Wampanoag Tribe in Massachusetts. Tribal sovereignty has been a difficult and often painful area of discussion for many tribal communities. For generations, tribes have had to carefully navigate their interactions with colonial forces and the residues of colonialist legacies, especially tied to resource wealth and decision-making. Even with the best of efforts by the tribe, their actions often have not impacted the basic legal or economic situations on-the-ground. Their on-going relationships with states and companies continue to undermine tribal autonomy and sovereignty oftentimes simply because they …

Pineapple Express: The Legality Of Introducing Cannabis Tourism To Arkansas, Chloe Tyner

Human Nutrition and Hospitality Management Undergraduate Honors Theses

This research delves into the legal aspects of introducing cannabis tourism to Arkansas. The objective of this study was to create a framework for hospitality professionals in Arkansas to understand what areas of recreational cannabis law would impact their industry should Arkansas legalize recreational cannabis. Through a document analysis comparing Arkansas and Colorado’s liquor and cannabis laws, this study investigated how both states regulate alcohol and cannabis and the legal challenges Colorado has seen since its inception of recreational cannabis sales.

Challenges to this study included a limited existing body of knowledge for cannabis tourism and the contradicting federal and …

An Interdisciplinary Analysis Of Freshwater Wetlands With A Focus On Ecosystem Functions And Services, Michael Viteritto

Theses, Dissertations and Culminating Projects

Wetlands are one of the most productive ecosystems on Earth, though they only occupy a very small portion of the planet’s surface. They are highly sensitive ecosystems that have been undergoing an extended period of loss because of anthropogenic stress. Freshwater wetlands number among the most numerous on the planet, and in the United States they make up the overwhelming majority of wetland area. Geographically isolated wetlands (GIWs) are not directly connected to other surface water in a watershed. Freshwater wetlands provide a number of beneficial ecosystem services including climate control, erosion protection, nutrient removal and storage, flood control, food …

Consultation Versus Direct Special Education Services And Postschool Outcomes For Individuals With Disabilities As Assessed By Indicator 14 Data, Callie Welch

Electronic Theses and Dissertations

There is abundant research relating to transition supports and services for students with disabilities as they move out of high school into adulthood; however, relatively little is known about the relationship between the type of special education services they received and their postschool outcomes. Guided by the Social Cognitive Career Theory (SCCT) and Tennessee’s Indicator 14 survey, I sought to better understand the relationship between the type of special education services received in high school and student further schooling or employability after graduation. Data were drawn from Indicator 14 surveys from 2021 and 2024 conducted by a rural school district …

Stigma Reduction And Resiliency Training For First Responders (Srrt-Fr): A Feasibility And Initial Efficacy Evaluation, Thalia P. Nicholson

Electronic Theses and Dissertations

First responders, especially law enforcement, frequently encounter individuals experiencing substance use concerns. Previous research has documented that a greater understanding of substance use disorders promotes a decrease in stigmatizing perspectives. We present a novel approach to training law enforcement officers to improve their interactions with community members exhibiting substance use disorders, while also promoting their professional well-being. The present study sought to evaluate the feasibility and acceptability of the Stigma Reduction and Resiliency Training for First Responders (SRRT-FR) in a sample of law enforcement officers, as well as its efficacy in decreasing stigmatizing perspectives towards substance use disorders and increasing …

Human Trafficking Screening Tools Amongst Migrants And Refugees: Current Tools And Future Outlooks, Audra Fox

Student Theses

While various human trafficking screening tools exist to help stakeholders identify indicators and risk of trafficking, few tools are designed specifically for use amongst migrants and refugees. Via interviews with anti-trafficking stakeholders, the following qualitative study describes what tools stakeholders currently use to asses trafficking amongst migrants and refugee, and if stakeholders desire a new tool specific for migrant/refugee populations. Thematic results indicate that most stakeholders are not using validated tools for trafficking victims, let alone migrants and refugees (n=5, 38.5%). Of the total sample, 62% of participants (n=8) reported various screening discrepancies across stakeholders. Additionally, …

Law, Language, And Authority: The Algorithmic Turn, Amanda Turnbull

PhD Dissertations

Law is formed by language and law utilizes language. Law is also like language in that it consists of social rules that aid in the structuring of society. From the time that we first put language into writing, we have been invested in the technologizing of language. There is a clear trajectory of our interest in having machines do things with language that we would otherwise do ourselves. This dissertation investigates how law’s relationship with language changes with the use of algorithmically driven technologies, and correspondingly, the consequences for the changing nature of authority since the use of language in …

Academic Support Programs At Hbcu Law Schools, Marla L. Dickerson

LSU Doctoral Dissertations

This qualitative descriptive case study delves into the effectiveness of academic support programs (ASPs) for students at Historically Black Colleges and Universities (HBCU) law schools, focusing on enhancing academic performance and passing the bar exam. The underrepresentation of minority lawyers in the United States, which is attributed partly to standardized test disparities, underscores the need for tailored support mechanisms. Drawing from social cognitive theory (SCT), the study investigates how ASPs impact academic success, informed by participant interviews and thematic analysis.

Key findings reveal four prominent themes. Firstly, effective features of ASPs for promoting academic performance include personalized guidance from academic …

Comprehensive Analysis Of The Different Fields Of Law, Kaitlyn Lee

Honors Theses

Since American law developed in the early 1700s, lawyers have played a crucial role in society, advocating for justice and upholding the rule of law. Over the years the legal profession has evolved immensely and now offers many different fields for individuals to practice. People are often curious about the work that lawyers do and the education that is required to become an attorney. This thesis aims to satisfy the curiosity of those individuals by exploring many facets of the different areas of law. It will examine the unique and shared aspects of the various legal fields, detailing the specific …

Authority With Procedural Justice: The Establishment And Enforcement Of Expectations Of Public Trust, Paris Desiree Eikanger Stoops

University Honors Theses

This thesis supposes all police officers should exercise authority with procedural justice, where implementation of nationwide procedural justice standards should explicitly prioritize establishing and enforcing expectations of public trust--justitia erga omnes. A qualitative temporal literary argument morally, ethically, socially, and democratically supported by a broad spectrum of criminal justice research, analyzed alongside traumatically racialized experiences, at the intersectionality of five administrations worth of sequent presidential crime policies and earth-shattering junctures in the lives of everyday Americans. Five brief companion analyses follow, exploring overlapping moral and ethical perspectives of dignity, respect, and fairness within contemporary policing in America.

The Health Risks Of Deportation: Impacts Of Family Separation On Relationships And Wellbeing In Latinx Communities, Shantay Rhea Rocha

University Honors Theses

Anti-immigration policy and deportation practices create multifaceted implications for Latinx communities in the United States. A comprehensive literature review drawing from public health and immigration studies was used to examine the direct and indirect implications of separation of families due to deportation. This thesis synthesizes existing research to illuminate the health threats pertaining to Latinx wellbeing in the context of being undocumented and fearing being separated from their family. Addressing the dimensions of deportation-related health risks, policy makers, health care professionals, and community organizations can work towards promoting Latinx health and well-being in the U.S. to mitigate the health consequences …

State-Sanctioned Slavery: The Political Economy Of Prison Labor, Avneet Sidhu

University Honors Theses

This thesis explores the interconnected relationship between the political institution of government and economic development with a particular focus on the United States Constitution’s role in explicitly legalizing coerced carceral labor and the direct impact this has on various economic aspects. The Thirteenth Amendment of the Constitution has long been hailed as a guiding light of freedom and justice, and yet, still to this day, it contains a paradoxical loophole that explicitly permits involuntary servitude as punishment for crime. This exemption has long been exploited in order to perpetuate a system of state-sanctioned slavery, in which incarcerated laborers are exploited …

American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy Macneil Blackwood

University Honors Theses

American evangelicalism has positioned itself as a dominant force in social policy since the 1970s and has continued to grow over time. During Carter's presidency, the Religious Right, a neoconservative political identity of fundamentalist beliefs, emerged with the intention to homogenize American culture by infusing literal interpretations of biblical Scripture with American exceptionalism. With the help of charismatic leaders like Billy Graham, the political manifestations of American evangelicalism's fundamentalist beliefs have been solidified through conservative legislation and Christian demographic dominance in Congress and the Supreme Court. Women have been particularly burdened by evangelical institutionalization, as access to socioeconomic and political …

Navigating The Nexus: Competition Law, Data Privacy, And Regulatory Challenges In The Digital Economy, Aalaa Tarek El Gohary

Theses and Dissertations

Competition law and data privacy meet at a crucial point in the growing digital economy, making it essential to delve into their intricate relationship. This thesis investigates how competition law and data protection law interact within the digital market. It examines how data protection regulations influence market dynamics and competition, and how competition law affects data processing and individual rights during the digital transformation. By thoroughly exploring key themes, such as historical context, current challenges, and regulatory responses, this research aims to shed light on the changing regulatory landscape and its impact on future frameworks in the digital era. The …

Starbucks Workers United And The Future Of American Labor Activism, Sophia Drake Braymen

Honors Projects

This essay explores the goals, motivations, and methods of Starbucks Workers United (the campaign of the labor union Workers United that is aimed at organizing Starbucks employees), as well as the Starbucks Company’s response to it. The analysis is informed by the author’s interviews with both a Workers United organizer and a Starbucks corporate employee. This essay explores the position of Starbucks Workers United within the broader history of American labor activism and our current epoch of union decline, as well as what the recent breakthrough in cooperation between Workers United and Starbucks means for American workers going into the …

Marginalized Laborers: A Study Of The Realities And Challenges Faced By International Domestic Workers In Kuwait, Adbalrahman Saud Alwaalan

Maurer Theses and Dissertations

The primary impetus for undertaking this inquiry into the legal status of international domestic workers in Kuwait is to furnish them with sufficient legal protection. By conducting a thorough analysis of the system, identifying its shortcomings, and evaluating its overall effectiveness, the proposed research aims to offer a comprehensive legal resolution to address the issue at hand.

Examining the various labor laws, regulations, and policies in Kuwait will facilitate a thorough understanding of the efficacy of the nation’s existing legal framework. Upon comprehending these sources, a detailed assessment of the extent to which they adhere to international human rights norms …

Evaluating The Impact Of Sb 684 In San Luis Obispo, Andrew Darrell

City and Regional Planning

This study evaluates the impact of California Senate Bill 684 (SB 684) on housing development in San Luis Obispo. SB 684 aims to streamline the approval process for small-scale residential projects to address the state's housing shortage by promoting affordable housing construction. The aim of this report will be to examine the provisions of SB 684 and evaluate the feasibility of development under it. A general overview of the legislative provisions accompanied by legal context will provide a background to the law. Case studies of small lot development will illustrate design decisions that can be incorporated into new SB 684 …

الحماية القانونية للمساهم في شركة المساهمة العامة, سيف درويش المري

Dissertations

Legal Protections for A Shareholder in A Public Joint Stock Company

There is no doubt that legal protections for a shareholder in a public joint stock company have become one of the key pillars on which the UAE national economy rests as it examines shareholder protections by critically analyzing shareholders' voting and related rights, the right to information, expulsion right, dissolution of a company, derivative actions and direct actions.

This thesis critically assesses and attempts to provide a solution to the problem of minority shareholder protection, that is, the available methods by which minority shareholders can ensure their protection against …

الجريمةُ الأصليَّةُ كشرطٍ مُفترضٍ لجريمةِ غسلِ الأموالِ طبقًا للمرسوم بقانونٍ اتحاديٍ رقْم 20 لسنة 2018 في شأن مُواجهة جرائمِ غَسْلِ الأموالِ ومكافحة تمويل الإرهاب وتمويل التنظيمات غير المشروعة المعدل بالقانون رقم (26) لسنة 2021م, عذراء عبد الله الكعبي

Theses

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The Predicate Crime as a Presumptive Condition for the Crime of Money Laundering in Accordance with Federal Decree Law No. 20 Of 2018 Regarding Combating Money Laundering Crimes and Combating the Financing of Terrorism and the Financing of Illegal Organizations, As Amended by Law No. 26 of 2021

The crime of money laundering is closely linked to the crime from which the funds being laundered are obtained. There is no talk of money laundering without funds derived from an illicit source. Hence the question arises about the nature of the original crime, and whether it includes every crime from …

Edward's New Welsh: The Foundations Of English Colonialism, 1282-1343, Joshua Lembke

University Honors Theses

This thesis, Edward’s New Welsh: The Foundations of English Colonialism, 1282-1343, examines the tumultuous period following the English conquest of the last independent Welsh kingdom, focusing on the English Crown's efforts under King Edward I to integrate Wales administratively and culturally. By reevaluating the appropriation of the Prince of Wales title, the study highlights the creation of a 'New Welsh' identity aligned with English interests. Key legal acts, such as the Statute of Rhuddlan and the establishment of English-style boroughs and castles, are analyzed to reveal the Crown's strategic embedding of English governance and suppression of native Welsh resistance. …

Language, Legitimacy, And The Law: The Social Roots Of Legal Obligation, Joshua Keton

Dissertations, Theses, and Capstone Projects

In a recent turn, both legal scholarship and judicial practice in the United States have converged on the idea that the content of the law is grounded on moral facts—especially facts about democracy. Leveraging insights from the philosophy of language, especially the underdetermination of meaning by syntax and semantics, I argue that textualism can only be reconstructed as a small part of a complete theory of legal interpretation. I then consider a more serious claim to the necessity of moral facts in metaphysically grounding the content of the law. As Mark Greenberg’s anti-positivist theory would have it, the content of …

Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang

Maurer Theses and Dissertations

Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.

This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …