Law Commons^™

Humanitarian Protection In International Refugee Law, Sexism And Exclusion: Case For Human Rights Assessment, Carol Ijeoma Njoku

Theses and Dissertations

The overall purpose of the 1951 Convention Relating to the Status of Refugee (Refugee Convention) and its 1967 Protocol is to protect refugees fleeing persecution and threat to life. Established in the aftermath of World War II (WW II), Article 1. A(1) of the Refugee Convention centered the meaning and criteria for refugee protection on the circumstances of the War. Thus, the status of a refugee is framed from persecution feared or suffered “on account of” race, religion, nationality, political opinion, and membership in a particular social group. More than seven decades after WW II, the scope of the definition …

Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe

Walden Dissertations and Doctoral Studies

The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …

Implications Within Interpretations And Legal Implementations Of The Fourteenth Amendment, Jillian Bartley

Regis University Student Publications (comprehensive collection)

The Fourteenth Amendment is not often thought about as one of the pillars of American freedom and citizenship, but it is indeed. The Fourteenth Amdendment establishes equal protections under the law, due process, and citizenship. This thesis seeks to look at how the Fourteenth Amendment and gender intersect in a way that establishes who gets what rights, and how those rights are able to be interpreted. The way in which the Fourteenth Amendement is interpreted establishes who gets protections and what equality under the law means within the context of American society. In using legal history, and the breifing of …

Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb

Senior Projects Spring 2023

This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.

Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe

Walden Dissertations and Doctoral Studies

The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …

White-Collar Crime: Diversity And Discrimination In Sentencing, Rachel Labrie

Honors Projects

White-collar crimes cause businesses and individuals to lose billions of dollars a year. This paper discusses the criminal justice system in regard to the white-collar crime and discrimination by the basis of gender and race within sentencing. First an analysis is given on who commits white-collar crimes, by looking at the rates and motives of those committing white-collar crimes on the basis of first gender and race. An analysis through literature review compares sentencing of females and people of color compared with the rates of white males who make up the majority of those committing white-collar crimes. The findings suggest …

The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi

Dissertations and Theses

This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …

'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino

Theses and Dissertations (Comprehensive)

While there are several studies that highlight the quantitative and statistical profiles of internationally educated nurses (IENs) from the Philippines who migrate to countries throughout Asia, the Middle East, Europe, the United States and Canada, there is little research that delves deeply into the qualitative review and analysis of their experiences in their own words. This study addresses that gap by applying the transnational feminist concept of “global care chains” in a single case study design that explores the experience of nurses who migrated to Ontario through permanent and temporary immigration streams and were interviewed in 2011 to 2012 to …

Who Are You Protecting?: A Feminist Analysis Of Gay And Trans Panic Defense Bans, How They Are Defined, And Who They Protect, Tyler S. Sesker

Undergraduate Honors Theses

As of April 2022, sixteen U.S. states ban Gay panic and Trans panic criminal defenses. These state-law prohibitions stemmed from several high-profile murder trials, focusing on the identity of the decedent, including the killings of Matthew Shepard and Latisha King. Between 1970 and 2020, criminal defenses interrogating the gender identity or sexual identity of victims of violence were used at least 104 times, with nearly a third of those cases resulting in reduced criminal charges and penalties. Today, in thirty-four states, the same tactics remain legal. Applying a feminist and outsider legal lens, this study engages in a textual analysis …

A Workers' Paradise: Re-Integrating Newfoundland Into Colonial American History, Elena Hynes

Electronic Theses & Dissertations

The island of Newfoundland is conspicuous in colonial British and North American histories, most particularly and paradoxically, in its absence, a state of affairs which this study aims to help address. Multiple factors, including a paucity of documentary sources and various historiographic trends, have traditionally contributed to Newfoundland’s marginalization within colonial historical narratives. However, developments in recent years have made Newfoundland’s potential integration into the broader colonial dialogue more feasible including the advent of the Atlantic perspective, the expansion of available sources, and the work of multiple regional historians who have challenged enduring historiographic trends characterizing Newfoundland colonial settlements as …

Agatha Christie: A Look Into Criminal Procedure And Gender, Carmella Monico

Theses/Capstones/Creative Projects

With 2020 being the 100^th year since Agatha Christie’s first novel, The Mysterious Affair at Styles, was published, it seems fitting to celebrate such an accomplished author with a deeper look into the inner workings of her novels. While she wrote mystery novels that involved many detectives, the two most popular are Hercule Poirot and Miss Marple. This paper will examine these two detectives in regard to the criminal procedure each uses to solve their respective cases. Would her detectives’ work hold up in court then or even today? Additionally, the difference in gender between Poirot and Marple …

The Evolution Of Title Ix And Transgender Rights- A Comparative Study Of Title Ix Debates With Recommendations For Integrating Transgender Rights Into Title Ix Legislation, Jaymie Bianca

Senior Theses and Projects

This project views Title IX through a lens pertaining to transgender rights. It examines the historic adaptation and expansion of Title IX, and how it historically has not expanded to include transgender individuals. The project pays particular attention to the difference between the definitions of sex and gender, the bathroom and athletic debates in relation to transgender rights, and includes recommendations in order to properly include transgender individuals in Title IX legislation.

Gender Pay Discrimination & The Equal Pay Act: Legal Research & Methods, Emily Sullivan

Law Student Works

More than 50 years since the Equal Pay Act (1963) was passed, the subject of wage inequality between the sexes remains a critical topic for women, members of Congress, advocacy groups, business and legal communities. Within the last decade, the legal community has seen a wave of litigation alleging discrimination across a wide variety of industries, including within the legal field itself. Wage discrimination has negative consequences for women, communities, and employers—discrimination in the workplace is inefficient and resulting litigation is costly.

In this Pathfinder guide, you will find a brief background on the Equal Pay Act as it pertains …

On The Basis Of Sex: Personal Status Law Reforms And Economic Growth, Kylie Bring

Honors Theses

The purpose of this thesis is to analyze how law reform toward gender equity has an impact on economic growth in Arab countries in the Middle East. Personal status law reform granting women economic, social, and personal freedoms is spreading across the region and showing substantial change. Using case studies of major PSL reforms in Tunisia and Morocco, this thesis outlines qualitative and quantitative evidence to support the case that gender equity benefits the economic growth of the given country.

Black Parental Involvement In A Suburban School District, Walter L. Fields

Dissertations, Theses, and Capstone Projects

Since the historic decision of the United States Supreme Court in Brown v. Board of Education in 1954, Black parents in the United States have been in a continual search for public school districts in which their children would receive an education that would allow them to be productive citizens and economically self-sufficient. From the period of the Great Migration to present day, the movement of Blacks in America has been driven by a quest for opportunity. Black parents have made tremendous sacrifices in the hope of securing a good education for their children, including movement away from families, longtime …

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 federal …

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …

Gender-Based Violence: A Global Crisis That Is Handled Ineffectually, Marlén Miranda

Senior Theses and Projects

This research seeks to outline the current understandings of Gender-Based Violence (GBV) in academic literature and how it contrasts from the ways governmental and non-governmental bodies interpret and address GBV. A little more than a yearlong investigation in Chile, Nepal, Jordan, Spain, and the United States serves as the foundation of the research. The researcher uses the ethnographic method (Draper, 2015) and the interpretive approach (Schwartz-Shea & Yanow, 2012) to interview individuals successfully and to comprehend better how GBV operates within each of the countries. The study focuses on answering the research question: How is GBV understood, and do current …

Surfacing Contexts Of Violence In Novel Forms Of The Reproductive Justice Framework Through Lessons From Latin America: A Study Of Brutality, Migration And Bodily Autonomy And Progressive Solutions For Use In Public Health, Angelica M. Campos

CMC Senior Theses

In the last 5 years, Latin America has witnessed a tenacious wave of pañuelo verde and #NiUnaMenos activism. Sparked by increasing mortality rates associated with unsafe, clandestine abortions and femicide, the praxes and fundamental elements of these social movements have proven themselves useful not only in garnering international attention on issues relating to bodily autonomy, but in the synthesis of their respective sociopolitical solutions as well. In the United States, similar efforts have been spearheaded by the lauded reproductive justice framework, which has often been credited for centering the plight of women of color in both reproduction and social justice. …

The Role Of Women In Terrorism, Zeynep Bayar

Dissertations, Theses, and Capstone Projects

The main purpose of this paper is to understand what motivate women to join terrorist groups and why these organizations prefer to work with female terrorists. Although each woman has different reasons to involve in terrorist groups, this research demonstrates 'religious, political and personal' reasons as the major motivating factors. This study also focuses on the question of why women are the targets of terror recruiters. In order to answer these, the research analysis examines 'psychological, gender, and media' factors as major recruitment reasons of terrorist organizations. This study also analyzes the similarities and differences between female terrorists' profiles of …

Motivations For Pursuing A Career In Law Enforcement: An Analysis Of A Local Law Enforcement Agency, Mark W. Thomas

Doctor of Psychology (PsyD)

Current law enforcement agencies are facing increasing pressure to hire more female and minority applicants. In addition to this, many agencies may be struggling to hire sufficient numbers of qualified candidates in general. This has created a need for understanding the individual factors that may motivate specific types of individuals towards a career in law enforcement. The current study assesses these motivations in a sample of currently employed law enforcement officers, current students enrolled in criminal justice programs, and undergraduate students unaffiliated with a law enforcement career. These motivations are then examined by demographic categories to explore the correlation between …

Women In Ministry: How Conflicts Between God's Purpose And Church Doctrine Impact The Efficacy Of Female Church Leaders, Nicole L. Davis

Department of Conflict Resolution Studies Theses and Dissertations

The following research was a biographical narrative that examined the lived experiences of male and female church leaders and their perspectives on the social, moral, and religious implications of female church leadership. The purpose of this research was to explore the ideologies and identities of women leaders within the faith ministry, the definitions of ministry and leadership, the role of women in church ministry, and their understanding of marketplace ministry. I employed conflict resolution theories relating to power, change, and mental modeling as the basis of analysis for evaluating the impact of church policies and practices on the utilization of …

Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers

Scripps Senior Theses

The purpose of this study is to assess why the race and gender of defendants influence judges’ decisions using the focal concern theory. This study will require around 84 participants. Participants will be federal judges who will be recruited via email. In an online survey, participants will be randomly assigned to one of four conditions . Participants will all read a vignette which an individual was convicted for in trafficking of Xanax. The vignette will be manipulated by the name and accompanying a mugshot based on the race (Black/White) and gender (male/female) of the defendant. The expected result is that …

Beyond Repair: An Investigation Of The Experiences, Interpretations, And Self-Construction Of Black Women Welfare Recipients In The Deep South, Eniyah C. Willingham, Eniyah Willingham

Senior Projects Spring 2019

Based on six in-depth interviews with Black women in the Metro-Atlanta area who have at some point in the past ten years received welfare assistance, this project serves to understand how Black women relate to the welfare system in the current moment. To best understand their circumstances, I set forth a three-part question: how do Black women welfare recipients experience the welfare system in the current moment?; how do they interpret these experiences?; and lastly, how do these experiences and interpretations lend to how they conceptualize, construct, and/or manage their identities as Black women welfare recipients? I argue that my …

Vi Et Armis: Londoners And Violent Trespass Before The Common Pleas In The Fifteenth Century, Lindsey Mcnellis

Graduate Theses, Dissertations, and Problem Reports

Civil litigation in early fifteenth-century England encompassed a variety of actions, but only one writ covered acts of violence: trespass vi et armis. These writs, all before the central Court of Common Pleas, detail a variety of violent torts, or wrongs, such as housebreaking, theft, imprisonment, abduction, and assault. The Londoners who entered pleadings in this court between 1405 and 1415 have left a fascinating glimpse into both interpersonal violence and the world of savvy litigators. Through a close examination of eighty-two cases, I demonstrate that Londoners were knowledgeable litigants who used the Court of Common Pleas and its …

‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan

Student Theses

Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense …

Gender And Terrorism: A Homeland Security Perspective, Diana Rosa Rodriguez-Spahia

Dissertations, Theses, and Capstone Projects

While scholars have been studying the growing trend of female terrorists for several years, their research has not permeated politics or the media to help inform our Homeland Security policies. The findings from this body of research indicate that there is hesitance on behalf of the public (especially politicians and law enforcement) to acknowledge that women can be terrorists due to deeply engrained gender norms and expectations about gender roles. Terrorist groups are exploiting this unwillingness by recruiting more women to perpetrate terrorist acts (Lele, 2014; Bloom, 2011). Against the backdrop of the changes in gender norms and expectations that …

On The Politics And Conceptualization Of Gender Non-Conformity : Exploring Thailand’S Kathoey Population., Macey E. Mayes

College of Arts & Sciences Senior Honors Theses

The purpose of this thesis is to investigate the politics and conceptualization of gender in Thailand, drawing specifically on the Thai understanding of sex and gender with regard to the kathoey population. This work considers the solidification of a third-gender category and looks to the ways this solidification can inhibit the fluidity of gender and sexuality. It also analyzes the dangers of transnational advocacy and the superimposition of Western queer advocacy and theory on Thai gender identities. I approach this issue from an interdisciplinary framework that seeks to include historical, cultural, and theoretical perspectives. In examining anthropological research, critiques of …

Suspicion, Suspicion: Police Perceptions Of Juveniles As The “Symbolic Assailant”, Andrea R. Coleman

School of Criminal Justice Theses and Dissertations

Jerome Skolnick’s (2011) "symbolic assailant" is a result of police attributing particular demeanor, gestures, language, and a style of dress to people they believed were most likely to commit violent crimes. The challenge became when police applied these characteristics to specific groups such as juveniles. Literature published before and after Skolnick (2011) indicated police were more likely to stop, arrest, interrogate, or surveille juveniles based on their demeanor, gestures, style of dress, lack of respect, deference to authority, the severity, and remorse for their offenses in addition to race. However, current research indicated race, gender, and Socioeconomic Status (SES) determined …

How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli

Honors Undergraduate Theses

This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long …