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Legal Studies

2021

Theses/Dissertations

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Full-Text Articles in Social and Behavioral Sciences

An Examination Of A Proposed Rule: Removal Of Sirva From The Vaccine Injury Table, Derrica N. Jackson Jan 2021

An Examination Of A Proposed Rule: Removal Of Sirva From The Vaccine Injury Table, Derrica N. Jackson

Honors Undergraduate Theses

Vaccines are one of the greatest modern medical inventions. Even though vaccines have saved lives, however, no medical product is proven to be completely safe. Vaccines can have rare and sometimes deadly reactions. To address such occurrences, the U.S. Department of Health and Human Services (HHS) hosts a program that reviews petitions for compensation of injuries caused by vaccination. The program is called the National Vaccine Injury Compensation Program (VICP). The VICP was established in 1986 to reduce the number of product liability lawsuits against vaccine manufacturers that threatened to increase the cost of vaccines and lower life-saving vaccine administration …


Human Trafficking And Its Evolution Into Cyberspace: How Has Technology Transformed Human Trafficking Over Time?, Gabriela Landron Jan 2021

Human Trafficking And Its Evolution Into Cyberspace: How Has Technology Transformed Human Trafficking Over Time?, Gabriela Landron

Honors Undergraduate Theses

Over the past few years, with the rise of technology, human trafficking has transformed into one of the largest clandestine crimes globally. Though the relationship between human trafficking and technology has gained attention over recent years, the empirical research on this topic is still underdeveloped. As such, the relationship between technological developments and the rise of human trafficking remains unanswered. Within this frame of reference, this research aims to explore this relationship to better understand how human trafficking has flourished in cyberspace and is beginning to depend on technological advancements for predation by using a content analysis of newspaper articles. …


Reviving The Treason Charge, Hannah Snyder Jan 2021

Reviving The Treason Charge, Hannah Snyder

Honors Undergraduate Theses

Can Americans who join terrorist organizations and fight against United States troops be charged with treason? Does the January 6th riot in Washington D.C. constitute “levying war”? Despite ongoing acts of levying war, and providing aid and comfort to enemies, the United States has not had a treason conviction since the 1950's. Courts and prosecutors actively avoid the charge, leading to a substantial lack of case law and legal guidance. Today, legal scholars disagree on how the Treason Clause should be applied. In this thesis, I discuss the disappearance of treason, and analyze opposing views on how the treason charge …


The Rise And Fall Of Puerto Rico: How Politico-Legal Failures Led To An Experiment's Demise, Sebastián J. Delgado Suárez Jan 2021

The Rise And Fall Of Puerto Rico: How Politico-Legal Failures Led To An Experiment's Demise, Sebastián J. Delgado Suárez

Honors Undergraduate Theses

Puerto Rico has been a United States territory since 1898. Since then, the island has remained in an ill-defined relationship with the United States, lacking autonomy and sovereignty. The Supreme Court and Congress have been the primary agents dealing with Puerto Rico's territorial trajectory. While the island has faced many setbacks throughout the years, this thesis asserts that the zenith in autonomy and sovereignty was reached in the 1950s, after two key legislative developments. This set forth an experiment in territorial administration. But the experiment was abandoned and closed in 2016, after two Supreme Court decisions and an Act of …


Restorative Justice And The Impact Of Community Engagement, Tanya Moss Jan 2021

Restorative Justice And The Impact Of Community Engagement, Tanya Moss

Department of Conflict Resolution Studies Theses and Dissertations

Restorative justice provides an innovative approach for addressing misdemeanor juvenile offenses. Diversion programs such as the Ribault Neighborhood Accountability Board utilizes community volunteers to guide juvenile offenders through the restorative justice process. There is however a lack of current research on the engagement of youth offenders and community volunteers that elucidates the relational dynamics between these two groups. This qualitative study uses Interpretative Phenomenological Analysis to address this research deficit by exploring the lived experiences of 12 youth offenders and their engagement with community volunteers, focusing on the following research questions: 1) how do youth offenders make meaning of their …


A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington Jan 2021

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …


"We The People": Self-Governance And The Evolving Treatment Of Freedom Of Assembly In The United States, Josephine Savaria-Watson Jan 2021

"We The People": Self-Governance And The Evolving Treatment Of Freedom Of Assembly In The United States, Josephine Savaria-Watson

CMC Senior Theses

This thesis looks to ground the importance of a vigorous right to assemble in the history of the United States. I argue that given the events of the last year, the current Supreme Court doctrine that limits assembly and association to expressive purposes is too restrictive and fundamentally misunderstands group rights. Instead, I argue that the Supreme Court must reinvigorate the right to assemble in order to protect democratic governance.

I begin with the history of assembly in the United States in Chapter II, which demonstrates how assemblies have been utilized by minority groups as a means to exercise political …


Community Attitudes Towards Juvenile Sex Offenders And Registration In Virginia, Paige Reed Jan 2021

Community Attitudes Towards Juvenile Sex Offenders And Registration In Virginia, Paige Reed

Theses and Dissertations

The collateral consequences and harmful effects of juvenile sex offender registration and restrictions has been the forefront of conversation surrounding sex offender legislation in the United States. The literature available has consistently shown that juveniles profoundly differ from adults in significant areas such as decision making, cognitive capability, judgment, and overall development. The literature has also consistently shown that juvenile sex offenders are amenable to treatment, have considerably low recidivism rates, and are unlikely to offend into their adulthood. Despite this, and even though the juvenile justice system prioritizes rehabilitation over punitive measures, juvenile sex offenders are commonly subjected to …


An Assessment Of The Impacts Of Social Media Inputs And Court Case Information On Mitigating Insider Threats, Robert Jones Jan 2021

An Assessment Of The Impacts Of Social Media Inputs And Court Case Information On Mitigating Insider Threats, Robert Jones

CCE Theses and Dissertations

The insider threat is a global problem that impacts organizations and produces a gamut of undesired outcomes. Businesses often experience lost revenue and stolen trade secrets, which can leave a tarnished reputation. Insider threats can also cause harm to individuals and national security. Past efforts have not mitigated the problem in its entirety. Documented instances of insider threats are as recent as March 2020. Many researchers have focused on monitoring technologies and relying on human monitoring in a reactive posture. An ideal solution would scrutinize an individual’s character and ascertain whether unique traits associated with actors of insider threats are …


Exposure To Parental Conflict And Anxiety In Justice-Involved Youth, Logan B. Ewing Jan 2021

Exposure To Parental Conflict And Anxiety In Justice-Involved Youth, Logan B. Ewing

Honors Undergraduate Theses

The purpose of this study was to explore the link between exposure to domestic violence (DV) and the presence of symptoms of anxiety in a population of justice-involved juveniles. The categories of DV were broken down into verbal abuse and physical abuse, along with a third category of juveniles that witnessed both forms of abuse within their households. This study compared the prevalence of anxiety in juveniles when faced with the different instances of DV through the use of data collected from a longitudinal study conducted by the Pathways to Desistance Project. The goal of the study was to further …


History, Ideology, And Evolution Of Criminal Profiling, Gayatri M. Ramesh Jan 2021

History, Ideology, And Evolution Of Criminal Profiling, Gayatri M. Ramesh

Honors Undergraduate Theses

Criminal profiling is the art of using evidence and crime scenes to deduce who the criminal is and where the criminals might be going next. In addition, criminal profiling is also used to link cases together with like victims. While its usage in law enforcement is relatively new, forms of the art have been around for decades. This thesis researches the history, ideology, and evolution of criminal profiling from the early 1870s to its current state. Cesare Lombroso and his research founded criminal profiling by examining how criminals and their minds vary from law-abiding citizens. Following Lombroso, various forms of …


Bio-Spatial Policing In Theory And Practice: Examining Impacts And Resistance Through Mobilities And Children's Everyday Life, Emily Kaufman Jan 2021

Bio-Spatial Policing In Theory And Practice: Examining Impacts And Resistance Through Mobilities And Children's Everyday Life, Emily Kaufman

Theses and Dissertations--Geography

Despite decades of reforms and technological innovations, increasing evidence shows that state securitization disproportionately harms already racially, spatially, and socio-economically marginalized communities. My research investigates uneven impacts of state securitization, from punitive welfare programs to school surveillance to policing. Across sites, I focus on scales, voices and the everyday lived experiences often left out of scholarly discourse and sensational media. In the current climate of growing awareness and scholarship on police violence, my dissertation addresses three less-studied areas: 1) the interplay between racial, gendered, spatial, and technified police practices; 2) how these practices impact the everyday lives of those racially …


Rights For The “Non-Conforming” Woman: The Intersectionality Of The Fight For Women’S Rights And Lgbtq+ Rights In Argentina, Talia C. Housman Jan 2021

Rights For The “Non-Conforming” Woman: The Intersectionality Of The Fight For Women’S Rights And Lgbtq+ Rights In Argentina, Talia C. Housman

Honors Theses

Argentina has faced many challenges throughout its history of activism as the people have pushed for an equal society. Different movements have sprung up over the years, but they have begun to twist together in recent times due to the need for support during repressive regimes. This brings into question the concept of intersectionality, which spans feminist, queer, and legal theory in its attempt to explain the need for overlap, modeling the natural development of personal identities and groups like family. The feminist movement and the LGBTQ+ movements have woven together in many rallies, especially during El Encuentro Nacional de …


Transitioning To Legalization Of Cannabis In Washington State: Regulations’ Impacts On Commodification, Metabolism, & Labor Practices, Rob Loewen Jan 2021

Transitioning To Legalization Of Cannabis In Washington State: Regulations’ Impacts On Commodification, Metabolism, & Labor Practices, Rob Loewen

All Master's Theses

This thesis provides an ethnographically grounded analysis of how existing regulations shape the legal recreational cannabis industry in Washington State. I examine the processes involved from seed to sale, including cultivation, processing, quality-control testing, and distribution of recreational cannabis. The goal of this research is to provide a greater understanding of how existing regulations were formed and how they shape social relations within the industry. This study seeks to answer the question: “How are the processes of production within the recreational cannabis industry, along with its labor force and its consumers, impacted by societal perceptions about cannabis, encapsulated within state …


The Ambivalence Of Participation In Transitional Justice: The Promises And Failures Of Peace In Colombia, Alejandro Urruzmendi Jan 2021

The Ambivalence Of Participation In Transitional Justice: The Promises And Failures Of Peace In Colombia, Alejandro Urruzmendi

Doctoral Dissertations

The dissertation inquires into participation in transitional justice in Colombia. Through an examination of Peace Councils and Mesas de Participación, it offers readers concrete examples of such mechanisms for participation, discussing their legal and bureaucratic structures. Weaving in ethnographic research, the author allows the participants themselves, victimized-survivors of the armed conflict and community leaders, to discuss the limits and possibilities of their work. Placing these voices and archival research in historic and theoretical context, the dissertation leaves readers with questions regarding the ambivalence of state, institutional, and participant’s stances towards participation in transitional justice.


Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz Jan 2021

Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz

All Graduate Theses, Dissertations, and Other Capstone Projects

In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …


Immigration Offenses Throughout Federal Sentencing: An Analysis Of The Impact Of Political Affiliation Among Districts, Robin Hood Jan 2021

Immigration Offenses Throughout Federal Sentencing: An Analysis Of The Impact Of Political Affiliation Among Districts, Robin Hood

All Master's Theses

Immigration has remained one of the most controversial political debates throughout the United States. Research has yet to fully examine the effects of political affiliation of federal districts on sentencing outcomes for specific immigration offenses. To fill the gaps in research, this study compares political affiliation of federal districts among immigration offenses to determine variations in sentencing outcomes. Data included Presidential and House of Representative votes for the 2016 election and Monitoring of Federal Sentencing for the fiscal years of 2015-2016. Analysis includes case processing/legal variables, defendant characteristics, and political affiliation. To analyze political affiliation, a binary logistic regression was …


The Influence Of Camera Perspective And Viewer Attitudes Towards Police On Perceptions Of Police-Civilian Encounters, Anna-Louise Skidmore Jan 2021

The Influence Of Camera Perspective And Viewer Attitudes Towards Police On Perceptions Of Police-Civilian Encounters, Anna-Louise Skidmore

Theses : Honours

Research suggests there may be a Camera Perspective Bias (CPB) effect across different camera footage types which influences viewer perceptions of police use of force encounters. Police body-worn camera (BWC) footage presents a first-person perspective from the officer’s point of view which predominantly captures the civilian. It is suggested that viewing an encounter from this perspective elicits a positive bias towards the officer when compared to CCTV footage. Additionally, research also shows that attitudes towards police influence perceptions of a filmed police-civilian encounters. This research aimed to investigate the effect of different camera evidence types (i.e., CCTV, BWC without audio …


Constitutional Camouflage: How Constitutional Methodologies Act As Smoke Screens For Supreme Court Justices, William J. Lijewski Jan 2021

Constitutional Camouflage: How Constitutional Methodologies Act As Smoke Screens For Supreme Court Justices, William J. Lijewski

Honors Undergraduate Theses

The Supreme Court Justices of the United States sit on the highest court of the land. The justices have the ultimate say as to the meaning of the Constitution, and their role could aptly be summarized as interpreters of the Constitution. They decide what the words of the nation's founding document mean and therefore help to determine the rule of law for the social, political, and economic areas of society. To help them analyze the text of the Constitution and decide what it means and subsequently apply it to cases, justices use constitutional methodologies. Constitutional methodologies are algorithms or ways …


Challenges And Successes Teachers Experience Educating Incarcerated Youth: A Mixed-Methods Approach, Morgan Crozier Jan 2021

Challenges And Successes Teachers Experience Educating Incarcerated Youth: A Mixed-Methods Approach, Morgan Crozier

West Chester University Doctoral Projects

This study explores the educators’ perspectives on their experiences providing academic services and supports to incarcerated youth placed in short-term juvenile detention centers and how they perceive success and challenges in this environment. The study used an explanatory sequential mixed-methods research design while incorporating tools such as a questionnaire, interviews, and reflective journal activities to get a deeper understanding of the experiences educators encounter in this role. The questionnaire consisted of 38 questions designed to address the demographics of the teachers participating in the study, their teaching experience with incarcerated youth, professional development received, and the challenges and successes they …


Twelve Angry Men: A Twenty-First Century Reflection Of Race, Art, And Incarceration, Mackenzie A. Gross Jan 2021

Twelve Angry Men: A Twenty-First Century Reflection Of Race, Art, And Incarceration, Mackenzie A. Gross

Honors Theses

Twelve Angry Men: A Twenty-First Century Reflection of Race, Art and Incarceration is a Comparative and Digital Humanities Honors Thesis concentrating on Africana Studies, theatre, sociology and legal studies to demonstrate the importance of investing in incarcerated communities through theatre and education.

In Chapter I, I critique the loss of identity attached to incarceration, and introduce the foundation for Black bodies individuals being discriminated against in the prosecution system. I analyze the “Punishment vs Progress” mentality, and introduce current educational programs in place in prisons. I elaborate on the details of our production, as well as the makeup of actors. …


Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman Jan 2021

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …


Veracious Verdicts: An Expansion Of Cognitive-Experiential Self-Theory In Jury Decision-Making Using Attribution Theory, Jade E. Larson Jan 2021

Veracious Verdicts: An Expansion Of Cognitive-Experiential Self-Theory In Jury Decision-Making Using Attribution Theory, Jade E. Larson

Electronic Theses and Dissertations

As a pillar in our judicial system, the courts utilize almost ten million citizens each year for jury service. As a result, the courts are faced with issues of inconsistency and unpredictability. This study aims to examine some factors that significantly influence jury decision-making by investigating cognitive experiential self-theory (CEST) as a jury decision-making model, unified with attribution theory to better predict verdict outcomes. An online survey was distributed to 121 participants. The respondents were asked to read a civil trial case presentation; they were then randomly divided into two conditions (high and low unrelated detail eyewitness testimony). The testimonies …


Covid-19 And The Correctional Environment: An Analysis Of Canadian Correctional Officers’ Experiences Of Stress And Mental Health During The Pandemic, Kristina Kocsis Jan 2021

Covid-19 And The Correctional Environment: An Analysis Of Canadian Correctional Officers’ Experiences Of Stress And Mental Health During The Pandemic, Kristina Kocsis

Theses and Dissertations (Comprehensive)

This national survey research project examined the experiences of Canadian correctional officers (COs) in providing essential correctional services during the COVID-19 pandemic. The study sampled COs from several provinces across Canada (N=596) to better understand how the pandemic impacted stress and wellbeing of this population by exploring seven constructs including resiliency, workplace safety, changes in role or responsibilities, work stress, COVID- 19 related stress, perceived support, and positive mental health. The transactional model of stress and coping and the biopsychosocial model of stress were used as theoretical frameworks to investigate stress responses among COs. Respondents reported significant changes to their …


Should Private Prisons In The U.S. Be Abolished, Nancy Anzalone Jan 2021

Should Private Prisons In The U.S. Be Abolished, Nancy Anzalone

Theses & Dissertations

Private prisons were established as a possible solution to alleviate the serious overcrowding issue affecting prisons during the 1980’s. This thesis supports the reasoning behind why private prisons should be abolished as they did not deliver on the claims made in support of their existence but rather, reveals the multitude of negative repercussions when the financial interests of a few large and powerful private corporations override the basic safety and security of our prison system. The studies contained in this thesis attempt to reveal that the data meant to support private prisons is not only inadequate, but often, inaccurately depicted …


(Un)Qualified Immunity: An Analysis On Qualified Immunity And Civilian Sentiments, Guy Hodge Ii Jan 2021

(Un)Qualified Immunity: An Analysis On Qualified Immunity And Civilian Sentiments, Guy Hodge Ii

Electronic Theses and Dissertations

Recent events involving the deaths of unarmed, African American citizens have brought forth an increased attention to the application of qualified immunity to law enforcement. This study aims to gain a civilian perspective on qualified immunity. Qualified immunity, as defined by the Supreme Court case Harlow v. Fitzgerald, 457 U.S. 800 (1982), grants government officials performing discretionary functions immunity from civil suits unless the plaintiff shows that the official violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Through a national-level survey, this study captures an overall favorability of qualified immunity as well as …


The Characteristics And Effectiveness Of Treatment For Young Sex Offenders In Australia And New Zealand: A Systematic Review, James Finney Jan 2021

The Characteristics And Effectiveness Of Treatment For Young Sex Offenders In Australia And New Zealand: A Systematic Review, James Finney

Theses: Doctorates and Masters

Sexual offending by young people presents a serious and devastating issue effecting victims, families, and wider society. This has led investigative efforts to understand the efficacy of treatment programs to cease or at minimum reduce sexual recidivism. Evaluations examining treatment efficacy have predominately been conducted in the United States and Canada, with limited research focused exclusively on young sex offenders in Australia and New Zealand. To address the paucity of information, a systematic review of young sex offender treatment research in Australia and New Zealand was conducted. The systematic review employed a comprehensive search strategy and rigorous vetting procedure, which …


Covid-19’S Impact On Human Trafficking: The Invisible Industry In New Hampshire, Brittany Dunkle Jan 2021

Covid-19’S Impact On Human Trafficking: The Invisible Industry In New Hampshire, Brittany Dunkle

Honors Theses and Capstones

Human trafficking is a modern-day form of slavery that operates on the premise of exploitation, such as forced prostitution and labor, and organ trafficking. This is a global industry resulting in billions. Despite the current global pandemic, COVID-19, putting a halt to many livelihoods around the world, human trafficking will persist, but in conditions that are potentially more harmful for the victims. Victims of trafficking are in an increasingly vulnerable position, and it is important to establish possible mechanisms to protect as many victims and potential victims as possible. Typical risk factors (i.e., poverty, state’s interest vs. individual interest, unemployment) …


Predictors Of Suicidal Ideation Among Formerly Incarcerated People During The Covid-19 Pandemic, Rachel Matthes Gehman Jan 2021

Predictors Of Suicidal Ideation Among Formerly Incarcerated People During The Covid-19 Pandemic, Rachel Matthes Gehman

Graduate College Dissertations and Theses

Background and purpose: Formerly incarcerated people die by suicide at a rate 6.75 times higher than the general population, but previous research has not identified factors that contribute to this heightened risk. The conditions of the COVID-19 pandemic may exacerbate both suicide risk factors and the stressors of reentry. In the framework of stress proliferation theory, this study uses path analysis to identify paths from incarceration history to environmental factors (i.e., financial stress), interpersonal factors (i.e., social support and conflict), psychological factors (i.e., depression and existential isolation, the feeling of being alone in one’s subjective experience), and their subsequent relationship …