Law Commons^™

Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson

Honors College Theses

Liberation movements for Black people have been prominent throughout American history. Chattel slavery and Jim Crow laws caused centuries of anti-black oppression. They continuously evolved into other anti-black structures – mass incarceration, predatory loan companies, and healthcare inequalities, to name a few – that require us to address these issues still today. The most recent Black liberation movement, Black Lives Matter, experienced a brief uptick in support after George Floyd’s murder but, overall, failed to address these issues. This thesis outlines three approaches to Black liberation in the U.S. to determine the most effective. First, drawing on Frederick Douglass’ autobiographies, …

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …

State Antitrust Enforcement: Politics Or Economics?, Nickolas Remish

Departmental Honors & Graduate Capstone Projects

Antitrust enforcement on the federal level has clear partisan influences; Democrats usually support expansive enforcement regimes while Republicans oppose them. On the state level, the ideological divide appears muddled. State attorneys general, who are mostly elected officials, are responsible for initiating lawsuits. This study seeks to determine whether state attorneys general mirror their federal counterpart in enforcing antitrust law on a partisan basis or whether unique state variables such as economic factors overwhelm ideological motivations. Public choice theory dictates politicians prioritize re-election and will adhere to constituent interest, thus providing the theoretical foundation for why politicians may tailor antitrust enforcement …

Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish

Departmental Honors & Graduate Capstone Projects

How effective can a president be in promoting his or her policies through the bureaucracy? Most theories postulate the president has influence – via appointees, budgeting, and executive orders. This paper unpacks the president’s influence on the bureaucracy by analyzing President Biden’s effect on antitrust, particularly with regards to addressing labor concerns. Biden appears to depart from previous presidential administrations due to his heightened emphasis on labor’s need for protection and antitrust law as the optimal vehicle for helping workers. The data, pulled from federal and state court antitrust cases since 2000, relies on textual analysis with regards to the …

Opportunity And Oversight: The Nil And College Football Through The Lens Of Ole Miss, Emma Harrington

Honors Theses

Since 2021, student-athletes have been reaping financial benefits of the commercialized use of their name, image, and likenesses (NIL). In addition to engaging in direct endorsement contracts with third party businesses, student-athletes are likewise working with NIL collectives to secure novel forms of funding opportunities. In this thesis, the current system of Name, Image, and Likeness (NIL) utilized in collegiate athletics will be examined. While NIL can be a beneficial source of income and exposure to student athletes across the country, the set of rules, or lack thereof, in effect is not substantial enough to maintain a safe and healthy …

Effectiveness Of Marine Species At Risk Conservation Within The Unep Regional Seas Programme: Taking Stock And Charting Future Courses, Olga Koubrak

PhD Dissertations

The impending biodiversity crises demands urgent, effective action. The transboundary nature of many marine species at risk makes international law a necessary tool in this endeavour. The United Nations Environment Programme and its Regional Seas Programme consists of 18 individual progammes spanning the globe and bringing together 143 countries in regional collaborations. This research project evaluates potential effectiveness of four programmes within the Regional Seas Programme relative to each other on twelve elements looking at legal and institutional structure, as well as regional implementation. The four case studies cover the North-East Atlantic, Mediterranean, East Africa, and Caribbean regions. These programmes …

A Problem-Based Approach To Racial And Ethnic Inequities In The German Health System, Thomas C. Lane

German Studies Undergraduate Senior Theses

This work is the first comprehensive book-length survey of racial and ethnic inequities in Germany’s health system. It takes a novel approach to understanding health inequities by focusing on the overarching structures which shape them in the German context, using examples from various areas of the health system to clarify their nuances. The Introduction grounds the need for understanding and combating health inequities in Germany’s unique postwar constitutional commitment to human dignity. Next, Chapter 1 outlines the current methods by which inequities are measured in Germany and why they are problematic. Chapter 2 covers current inequities in the provision of …

"They Are Who We Thought They Were": The Influence Of White Supremacist Discourse On Voter Suppression And Black Health., Tanisha Howard Lewis

Electronic Theses and Dissertations

Political systems in the United States have contributed to health outcomes in the through the historic and legal doctrine related to race and racism, segregation, housing, employment, and education. In recent years, significant attention has been given to theorizing the political determinants of health and what it means in the overall conversation about health equity. The equity implications of the political determinants of health are innumerable because they are the origin point of the structural determinants of health and the primary drivers of the social determinants of health, which span from environmental conditions to food security. The focal determinant of …

What Impact Did The Tcja Tax Cuts Have On The Manufacturing Sector?, Ryan Parker

Accounting Undergraduate Honors Theses

Throughout this paper I will examine positive effects the Tax Cuts and Jobs Act of 2017 had on the manufacturing sector. To do this I begin by outlining the key provisions in the TCJA that directly benefit the manufacturing sector. This includes the corporate tax rate reduction from 35 percent to 21 percent, the changes to the repatriation tax for foreign funds, and the treatment for capital assets. I then analyze key metrics including pre-tax income, income tax provision, dividends, changes in retained earnings, and spending on property plant and equipment. I will show the interactions between the increase in …

How Did The Tax Cuts And Jobs Act Of 2017 Effect Small Businesses?, Jackson Pittman

Accounting Undergraduate Honors Theses

The Tax Cuts and Jobs Act (TCJA) of 2017 marked a significant overhaul of the United States tax system, promising to stimulate economic growth and enhance the competitiveness of American businesses. Amidst its broad-reaching reforms, the TCJA introduced several provisions directly impacting small businesses, aiming to alleviate their tax burdens and foster entrepreneurial activity. This thesis endeavors to evaluate the multifaceted effects of the TCJA on small businesses, examining its implications for their financial performance, investment behavior, and overall economic contribution.

Preliminary findings suggest that the TCJA has produced a generally positive result for small businesses. On one hand, reduced …

The Effects Of Short-Term Rentals On Communities And How To Legislate Them: An Expanded Literary Review, William Cherry

Finance Undergraduate Honors Theses

A literary review of the economic and socioeconomic effects of short-term rental properties, specifically the commercialization of the industry based upon other research studies. An in-depth look at how commercialized short-term rentals effect the younger generation, hospitality industry, housing market, communities they reside in, and other externalities. A further review of different legal case studies of short-term rental legislation in major cities across the globe and their varying degrees of effectiveness.

An Analysis Of A Changing Supreme Court Viewed Through Students For Fair Admissions V. President And Fellows Of Harvard College, Reed Fagg

Finance Undergraduate Honors Theses

An analysis of the Students for Fair Admissions v. President and Fellows of Harvard College and Students for Admissions v. the University of North Carolina Chapel Hill to better understand the changes in the Supreme Court. Breaking down of the argument and a study of societal impacts.

School Resource Officers: History, Efficacy, And Unintended Consequences, Alysha Gagnon May

Legacy Theses & Dissertations (2009 - 2024)

There have been police and school partnerships in the United States for as long as public schools have existed, dating to the early- to mid-1800s. These partnerships have formalized as educational philosophies have changed, particularly in the context of school safety and discipline practices. In this dissertation, I explore the impact of implementing a School Resource Officer (SRO) program on school safety and I contribute to the national conversation about disparities in exclusionary discipline practices related to the presence of SROs. There have been several key turning points in these police and school partnerships, notably the Flint, Michigan, school liaison …

Indecent Exposure And The Court As Custos Morum, Bruce Davis

Legacy Theses & Dissertations (2009 - 2024)

Indecent exposure has been a crime in America since colonial times. Laws governing this crime are a cornerstone of government regulation of morals in America, sharing a common history with the jurisprudence of religion, obscenity, marriage, and sexual relations. The first reported case of indecent exposure in English common law is a widely acknowledged source of American moral jurisprudence that justifies the courts’ role as custos morum, or custodian of the morals.

An Examination Of Missing Person Social Media Engagement Through Data Mining And Experimentation: An Application Of The Crisis And Emergency Risk Communication Model, Cailin M. Kuchenbecker

Communication (PhD) Dissertations

According to the Federal Bureau of Investigation (FBI), approximately 600,000 individuals are reported missing each year in the United States (2022). When missing person cases do not meet alert (e.g., AMBER) criteria, law enforcement often utilize social media to crowdsource information to ultimately return the missing home. Therefore, guided by the crisis and emergency risk communication model (CERC; Reynolds & Seeger, 2005) and its recently clarified propositions (Miller et al., 2021), the purpose of this dissertation was to (a) identify strategies law enforcement use to crowdsource missing person information and (b) experimentally test message characteristics that facilitate prosocial sharing of …

The Rise And Fall Of A Video Game Dynasty And Its Road Back To Glory, Kade Rogerson

Marketing Undergraduate Honors Theses

For years the EA Sports NCAA Football series had been a long-standing success story in the world of sports video games. Combining the unique feel of collegiate athletics with the realistic nature of the game that its technology provides led the series to be a major source of revenue for Electronic Arts, Inc. in the extremely competitive and profitable industries of video games and sports merchandising.

However, the series came to an abrupt halt in 2013. Spearheaded by the O’Bannon v. NCAA lawsuit, EA was forced to discontinue the series after legal action was taken regarding the game’s unauthorized use …

The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson

Political Science Undergraduate Honors Theses

Morality policy as a discipline saw its peak during the transformative years at the turn of the 21^st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …

Minor Exploitation And Regulatory Shortfalls: Safeguarding Children’S Data In The Age Of Modern Technology, Kaylee Lahti

Theses/Capstones/Creative Projects

This paper looks into the issue of minors in the era of social media and seeks to answer the question: how can regulations help to protect children’s privacy in the age of social networks? To do this, this paper will start by exploring the privacy issues that have arisen amongst minors in the modern age and the lack of accountability for social networking companies. It will then look at the current regulations related to this issue and see where these regulations have fallen short. Next, possible regulatory solutions to this issue will be explored, including looking at current laws that …

Amendment 80 And The Effects On Arkansas Supreme Court Elections, Sydney Kincaid

Political Science Undergraduate Honors Theses

In 2001, Amendment 80 was implemented into the Arkansas Constitution. One part of this Amendment was changing statewide judicial elections from being partisan to nonpartisan. This research project seeks to analyze the impact of Amendment 80 on Arkansas Supreme Court elections. The research considers how three components of elections have been impacted by the Amendment which are diversity of candidates, level of competition, and voter turnout. Data collection was conducted for all Arkansas Supreme Court elections from 2002-2022. The information that was collected includes election records as well as descriptive characteristics of candidates including race, gender, raw vote, opposed versus …

Intellectual Property Rights: Examining Outdated Laws, Monopolies, Manipulation, And The Need For Modernization, Maggie Moles

Economics Undergraduate Honors Theses

This thesis critically examines the shortcomings of current intellectual property (IP) laws in the face of rapid technological advancement and evolving digital landscapes. It argues that while IP laws were intended to incentivize innovation, protect creators' rights, and foster fair competition, they often fall short of these goals in practice. Through an analysis of various case studies and real-world examples, the thesis demonstrates how outdated IP laws can hinder progress, stifle creativity, and impede access to knowledge and resources, particularly in industries heavily reliant on patents and copyrights.

Furthermore, the thesis explores alternative models and proposals for reform, including open …

Seeking Sanctuary: An Analysis Of U Visa Policies In Omaha, Nebraska And Their Impact On Immigrant Communities, Emma Ehmke

Theses/Capstones/Creative Projects

Since 2000, immigrants have been eligible for U visa status if they are a victim of a particular crime and assist law enforcement in criminal investigations. However, challenges arise for numerous reasons with the I-918 Supplement B form, which must be signed by an agency certifier within law enforcement or an attorney’s office. This study examines the policies of six law enforcement agencies and attorney’s offices in the Omaha Metro Area through semi-structured interviews to understand their approach to U visas and the characteristics of successful applications. The study aims to uncover variations in agency procedures and understandings and the …

Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler

Theses/Capstones/Creative Projects

On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …

Whither The Regulator: Food And Drug Law, The Natural Health Product Regulations And The Erosion Of Safety, Efficacy And Quality, Michael Taylor

PhD Dissertations

The following thesis considers whether the regime established by the Natural Health Product Regulations (NHPR) is a suboptimal framework. It explores the effects that the creation and implementation of the NHPR have had on the safety, efficacy, and quality (SEQ) standard used in Canadian food and drug law. The original regulations, largely brought in to support the licensing of traditional medicines, herbs, vitamins, and other naturally occurring substances, have with time come to be dominated by non-traditional products making poorly demonstrated health claims. Over time, the Natural Health Products Directorate (NHPD) came to focus on access and speed of approval …

A Sustainable Seabed Mining Asset Valuation Code Framework, Keith Macmaster

PhD Dissertations

Seabed mining is governed by the United Nations Convention on the Law of the Sea, the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, the Mining Code, domestic laws of member states, and international law. The central tenets of seabed mining law are to develop the industry in accordance with the Common Heritage of Mankind, provide equitable sharing of financial and economic benefits derived from seabed mining activities, and protect and preserve the marine environment. Moreover, seabed mining must be developed and operated to not …

A Qualitative Exploration Of Social Capital And Its Influence On Baccalaureate Degree Completion Of First-Generation African American Men At The University Of Louisville., Joseph Marshall Goodman Iii

Electronic Theses and Dissertations

This qualitative dissertation was designed to examine influences which various forms of social capital have on post-secondary degree attainment of first-generation individuals who self-identify as African American men. Additionally, the sample population consisted of Black men who successfully matriculated to earn baccalaureate credentials across differing academic disciplines at a public historically White institution located in the mid-south region of the United States. The research data was extracted from one-on-one, semi-structured interviews using authentic dialogue through open-ended questions. Theoretical paradigms of the study involved a phenomenological approach and an ontological philosophical assumption, integrated with critical theory, critical race theory and social …

De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp

Undergraduate Honors Theses

How can the United States and China collaboratively de-escalate their current trade relationship using a conflict resolution methodology to foster economic growth and foreign investor confidence in the evolving landscape of global trade? This paper will serve as a guide to those wanting to gain a comprehensive understanding of the macroeconomic causes and impacts of the contentious trade war between the U.S. and China. The year 2018 can be attributed to the start of the war when then-President Donald Trump implemented tariffs on Chinese goods and products. These back-and-forth financial and economic measures have been continually imposed to this day …

The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities, Kaiden J. Fandel

Honors Thesis

Are there specific roots that influence the introduction and incorporation of discriminatory medical policies? What are the sources of such stigma, discrimination, and prejudice, in what forms does such discrimination take place, and what negative impacts does such hatred have on health outcomes, quality of care, and health disparities? Through a review of existing literature on this topic, intertwining the examination of the evolution of discriminatory policies and other explanatory literature in the United States, this thesis aims to answer the questions above, and explain the roots of such homophobic discrimination and its prevalence in the United States. Through the …

المسؤولية الجنائية الدولية للقادة, فاطمة محمد الظھوري

Theses

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The International Criminal Liability of Leaders

The primary objective of this research is to explore and elucidate the concepts, principles, and legal frameworks pertaining to the international criminal liability of leaders, particularly in instances where they contravene established norms and statutes of international criminal law. This endeavor seeks to foster a deeper understanding and appreciation for the enforcement mechanisms underpinning such liability, thereby reinforcing respect for international legal standards. The study delves into the evolution of this principle and examines the contemporary acceptance of the idea that leaders and heads of state can be held accountable before a stable …

The Role Of Transit Countries In Global Wildlife Trafficking, Joseph Gangi

Student Theses

This thesis explores the role of transit countries in the global trade of illegal wildlife. While much research has been conducted on source and destination countries, transit countries remain an under-researched link in this chain, even though they play an integral role in facilitating this trade. This study utilizes the Rational Choice and Institutional Theory theoretical frameworks to examine the factors associated with transit countries' roles in wildlife trafficking. The findings indicate that transit countries play an active role in wildlife trafficking, and there is a need for policy to address this issue. Considering the findings of this study, this …

The Truth Of The American Immigration System: Family Separation, Tegwyn Hollenbach '24

Honor Scholar Theses

This paper will begin with the first chapter by detailing the foundation of policies the American government built up in order to create the immigration system. The policies centralized around being acts of exclusion in an attempt to keep those the government deemed good enough out. There will be details on the last major immigration reform law and explanations as to what factors and events have played into creating the American Immigration system today. The second chapter will delve deeper into more modern immigration policies by focusing on recent presidential administrations that have attempted and failed to make a productive …