Legal Studies Commons^™

The Case For The Exclusion Of Exclusion: Intellectual Property, Masculine Legal Reason, And The Ethics Of Care, Ragya Shoukry

Theses and Dissertations

This thesis argues that current legal ideals of objectivity and neutrality are historically gendered and inseparable from the development of capitalist property relations and imperial expansion. It traces origins that begin with early modern witch hunts and Francis Bacon’s empiricism, where a new “scientific rationality” emerges alongside intensified patriarchal violence. The thesis then examines John Locke’s labour-based justification of property and the figure of the rational individual, showing how this framework legitimizes enclosure, dispossession and colonial appropriation under the guise of improvement and development. Building on this foundation, the analysis turns to moral psychology and how its allegedly universal stage …

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …

A Study Of The Intellectual Property Rights Of Farmers With Special Reference To The Protection Of Plant Variety And The Farmers' Rights Act, 2001, Gomathi R Ms

Theses and Dissertations

Intellectual Property Rights (IPR) confer exclusive rights on individuals over the creations of their minds. Intellectual property is protected through patents, trademarks, copyrights, industrial designs, geographical indications, and other legal rights, enabling inventors to obtain economic benefits and legal recognition from their innovations. These rights provide exclusive usage for a prescribed period and have evolved significantly over the years, sharing similarities with ownership rights over tangible property. As intangible rights, IPR primarily consist of the property element and the object to which that property relates. Among the various forms of IPR, Plant Variety Protection (PVP) rights recognize the creativity and …

Legal Reform And Cultural Resistance: Examining The Role Of Law And Custom In Ending Fgm In Egypt, Souhaila Hafez Abo Seada

Theses and Dissertations

This thesis examines the persistent gap between legal reform and social practice in efforts to end Female Genital Mutilation (FGM) in Egypt. Although FGM has been criminalized since 2008, with stronger penalties introduced in 2016 and 2021, the practice continues, revealing the limits of law when it operates alongside powerful social, religious, familial, and medical norms. Using a qualitative case-based approach grounded in legal pluralism and Feminist Critical Discourse Analysis, the study draws on 11 semi-structured interviews with participants from civil society, religious institutions, the legal profession, the medical sector, and communities where FGM persists, alongside legislative, demographic, and documentary …

Comorbidity And Violence: What Role Does Resilience Play In Preventing Violent Acts?, Madeline J. Petit

Theses and Dissertations

The conjunction of substance use disorders, mental illnesses, and violence has been shaped through traditional risk-centered models, yet these approaches fail to explain why most individuals do not engage in violent behavior despite being high risk. This study aims to investigate how resilience may buffer the criminogenic effects of comorbidity and help understand the majority of those at risk who remain nonviolent. The data for this study is drawn from the MacArthur Violence Risk Assessment Study, which consisted of 2.255 person-waves, as the data examined comorbidity across 5 waves, consisting of 451 participants in each wave.Each participant in each wave …

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

Fugitive Colors, Natalie Rose Eddings

Theses and Dissertations

My objects are meditations on intertwining themes of labor, rest, and interiority and their shadow sides—power, subjugation and the gaze. I couple materials that have millenia-long histories such as metals, glass, paper and clay with found objects and plat materials to illustrate narratives and exhume memories. Drawn from nature and technologies of land, plant stewardship and the domestic realm, I imagine my sculptures as life supporting vessels or magical enclosures.

Through sculpture, photography and printmaking, I build structures that are space of quiet to be filled with thought, healing and development. Like incubators and seed pods, my work is protective …

Image-Based Sexual Abuse Victimization: Causes, Consequences, And Seeking Justice, Albina Laskovtsov

Theses and Dissertations

As technological advances and innovative communication methods are integrated into everyday life, concerns over the misuse and abuse of such technologies has warranted further interrogation. The particular act of image-based sexual abuse (IBSA) or nonconsensual pornography, has garnered much media and academic attention. IBSA is understood as the creation, dissemination, and/or threatening to create or disseminate illicit sexual images or videos of someone without their explicit consent. This three-article dissertation employs a three-fold approach in exploring the phenomenon of IBSA.

First, it applies a cyber theory of victimization, routine activity theory (RAT), in order to assess the risk of and …

“You’Re Only As Good As Your Resources”: Exploring Virginia Police Chiefs’ And Sheriffs’ Decisions As Public Administrators To Engage In Community Collaborations With Domestic And Sexual Violence Agencies, Christine E. Wengloski

Theses and Dissertations

The collaborations between domestic and sexual violence victim-serving agencies (DSVAs) and law enforcement agencies help connect victims of crime to needed services. To maximize the benefits of these victim-serving initiatives in Virginia, it is imperative that victim-serving agencies understand the perceptions and factors that influence the decision-making of law enforcement administrators. In this study, I first present a theoretical framework of Herbert Simon’s Decision-Making Theory as a guide to understanding police chiefs and sheriffs as public administrators. A review of the literature demonstrates gaps in existing scholarship around chiefs’ and sheriffs’ decision-making about domestic and sexual violence victim-serving initiatives. Next, …

Normalizing Delinquency And Risky Behaviors In Adolescents: An Application Of Neutralization Theory To Parents, Audrey Cheatham

Theses and Dissertations

Sykes and Matza’s Neutralization theory (1957) was originally developed to explain juvenile involvement in delinquency, with extensions of this theory being used to understand crime in other offending groups. Although neutralization theory has been widely applied to offenders, far less research has examined how neutralizations may be used by non-offending groups. This study applies Sykes and Matza’s framework to parents to explore whether neutralizations are being employed to justify risk taking or delinquent behavior among their adolescent children. This study also examines how parents differentiate risky behavior from delinquent behavior, as well as their attitude towards seven major risk factors …

The Role And Impact Of Forensic Evidence In The Prosecution Of Homicide Cases In The U.S., Afrah Dakhilallah A. Altubait

Theses and Dissertations

The role of forensic evidence in the criminal justice process is an important topic that is significant from both theoretical and practical perspectives. The present study is dedicated to a critical analysis of the role of this evidence in the U.S. criminal justice process with a focus on its significance in homicide cases. Specifically, this dissertation examines the implications of using DNA and fingerprint evidence for convictions in U.S. homicide cases by analyzing the role of DNA and fingerprint evidence in the prosecution of “hot” and “cold” homicide cases, discussing the main ways in which forensic evidence assists with prosecuting …

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

Perceptions And Treatment Decisions For A Drug Offender Based On Social Class, Cocaine Type, Personal Characteristics, And Compassionate Love: A Vignette Study, Yasmin A. Odeh

Theses and Dissertations

Problem: The shift from a focus on rehabilitation to the more punitive, “tough on crime” approach to illegal behavior in the U.S. has been enacted in no small way by policies connected to the use and abuse of drugs. The disparities between crack and powder cocaine—two chemically similar substances—have headlined this shift (Vagins and McCurdy 2006). However, research is scarce on laypeople’s approval of deterrence approaches for drug offenses, including as a function of types (e.g., powder vs. cocaine possession). This study examined people’s perceptions of prosecutorial decisions for drug offenders—whether they are punished, rehabilitated, or both—and whether people perceived …

Guardians Of Their Own: Routine Activities, Risk Perceptions, & Self-Protection Among Police Officers In The Line Of Duty, Amy Clifton-Mills

Theses and Dissertations

This research illuminated how police officers perceive risks in the line of duty and whether police officers implement protective behaviors on duty. This was done by implementing two phases of data collection: focus groups (I) and self-report surveys (II). The focus groups (N = 21) were conducted to inform the self-protective behaviors instrument in the self-report surveys (N =143). Officers self-reported their risk of assault and injury in the line of duty in the next six months to be 33.86% (SD = 27.13) and their risk of felonious death to be 14.4% (SD = 18.1). Results show that …

Childhood Adversity's Impact On Criminal Behavior, Isobel Marie Avento

Theses and Dissertations

Adverse childhood experiences (ACEs), such as abuse, neglect, and family criminal history, have been identified as potential risk factors for negative physical, psychological, and behavioral health outcomes. Emerging literature suggests that ACEs are also among the primary factors leading to delinquency and adult criminal behavior. However, there is limited applied research that provides practitioners with appropriate insight to intervene when ACEs are identified among juvenile delinquents to reduce recidivism risk. This study adds to the existing literature by examining how cumulative ACEs shape criminal behavior of individuals from the onset until its desistance over the span of twenty years. Using …

An Examination Of Civil Asset Forfeiture In South Carolina, Jeffrey Trowbridge

Theses and Dissertations

Civil asset forfeiture allows the government to seize and forfeit property that is associated with criminal activity without arresting or charging the property owner. Although expansive in its potential application, little is understood about the characteristics of civil asset forfeiture cases, the property owners involved in forfeiture cases, or the characteristics of any criminal cases pursued parallel to the civil cases. Utilizing open-source, public court records, this dissertation provides an exploratory analysis of these gaps in the literature by examining the types of civil asset forfeiture used, the value of asset forfeiture cases, how money from asset forfeiture is divided …

Should We Disaggregate Latino Youths Based On Ancestral Group When Examining Risk Factors Of Violent And Delinquent Behavior, Elvis G. Sevilla

Theses and Dissertations

Researchers frequently aggregate Latino subgroups during statistical analyses despite findings indicating that cultural distinctions within Latino subgroups have unintended hidden impacts on analyses. This study disaggregated the Latino sample to assess if Latino youth samples differ among subgroups (i.e., Mexicans/Mexican Americans, Cubans/Cuban Americans, Puerto Ricans, Central/South Americans, and other Latinos) who self-reported violent and nonviolent delinquent behavior. Also, this study used Sampson and Laub’s age-graded theory to investigate life-course characteristics that predicted violent and nonviolent delinquent behaviors. A two-step approach analysis determined the differences in violent and delinquent behaviors among Latino subgroups and then which life-course risk factors predicted the …

Examining Digital Hostility Against Black Women: A Thematic Analysis Of The Black Manosphere On Twitter, Nekea Sanders

Theses and Dissertations

The Manosphere is a collective of powerfully influential men who create and control harmful narratives about women online. Individuals within the Manosphere are disseminating their beliefs and garnering support through various online platforms, including social media. This research study sheds light on the Black Manosphere, a group within the Manosphere that has gone under the radar, despite the detrimental and toxic content they publish online about Black women. This qualitative research study examined the hostile rhetoric published by the Black Manosphere on Twitter (now X) about Black women. The research questions guiding this qualitative examination were: (1) What types and …

Exploring Mental Health Stigma Among Law Enforcement Officers, Nicholas David Chestnut

Theses and Dissertations

This applied dissertation investigates the prevalence and impact of mental health stigma among law enforcement officers (LEOs) in the United States. Despite growing awareness of the importance of mental health in the law enforcement community, stigma surrounding mental illness remains a significant barrier to help-seeking behaviors among officers. The study employed a research design that examined attitudes, perceptions, and experiences related to mental health stigma among LEOs.

Through online self-assessment surveys administered via a secure portal, participants provided insights into their attitudes toward mental illness, perceptions of stigma, and willingness to seek help for mental health concerns.

Data analysis revealed …

A Comparison Of Defensiveness In Mmpi-2-Rf Profiles Of Male Sex Offenders And Child Custody Litigants, Kyla M. Jones

Theses and Dissertations

Clinical evaluations have had a long-standing role in criminal and civil legal proceedings due to the intersection between various legal criteria and aspects of psychological functioning. The Minnesota Multiphasic Personality Inventory (MMPI; Hathaway & McKinley, 1943) and its subsequent versions have been among the most commonly utilized and empirically supported measures of personality and psychopathology in assessing forensic populations. One application for which MMPI instruments have been particularly useful is in the evaluation of sex offenders. This is in part due to the tests’ built-in validity scales, as MMPI underreporting scales are found to be effective in assessing sex offenders’ …

Family Mass Murder: An Exploratory Study Of The Role Of Arson, Rachel Rori Rodriguez Spradley

Theses and Dissertations

The current literature on the use of arson in homicides analyzes the role of psychosis and mental illness, detection avoidance, and fire-setting as a precursor to violent crime. Only recently have researchers examined the connection between arson and family violence through the means of coercive control. Remaining unanswered is the role of arson in family mass murders occurring in a private residence. Using the Mass Killings in America database compiled and maintained by the Associated Press, USA Today, and Northeastern University (2006-2022), I compare characteristics of family mass murders that are arson-related to those that are non-arson-related. While family mass …

The Risk Of Protection: Examining The Contextual Effects Of Child Protective Services On Child Maltreatment Fatalities In The U.S., Cosette Morgan Mccullough

Theses and Dissertations

Much research has been done in the field of child homicide. While child homicide is a statistically rare event, it is especially pervasive in the United States. A subsection of research in the child homicide literature is the topic of child maltreatment fatalities, defined as when a child is killed through the means of maltreatment, such as physical abuse or neglect. What has been less so researched, however, is the combination of factors that can affect a child’s fatality risk. The current study seeks to expand on the previous research using the 2019 Child File of the National Child Abuse …

The Egyptian National Anti-Trafficking Law ‘Adoption Process And Assessment’, Nourhane Awad

Theses and Dissertations

This thesis is about the impact of Egyptian national laws on the protection of African migrants and refugees. Egypt has been considered a transit country for African migrants and refugees fleeing their countries toward European countries or Israel in the past due to its specific geographic location. For that reason, Egypt is considered one of the essential parts of the trafficking process in the middle east. For that reason, it is essential to study and explore how the Egyptian government is controlling and governing the trafficking of persons. In addition, it is important to understand its institutional setup and framework …

State Attorneys’ Perceptions On The Role Of Racial Disparities In The Juvenile Justice System, Allison Cohen

Theses and Dissertations

This dissertation was prepared to offer a scholarly investigation on the justice officials’ consideration of race in making decisions for sanctions and sentencing of African American juveniles. The research provided an extreme review of the justice system to place in context the differential treatment of Black youths. African American juveniles’ cumulative experience of discrimination and racial disparities in the juvenile justice system and adult criminal justice system. An examination of the overrepresentation of African Americans in the justice system. A journey from juvenile delinquency to adult criminality. An early destination starts at arrest to intake to juvenile court then transfer …

Law Enforcement Training On Suicide By Cop: Implications Of Mental Health Crisis And Encounters With Those Individuals Who Want To Die, Juan C. Garcia

Theses and Dissertations

There is a high prevalence of suicide in people who engage in Suicide by Cop (SbC), a method of suicide that involves provoking law enforcement into fatal use of force. This research study aimed to examine the changes in knowledge about SbC, self-efficacy when dealing with SbC offenders, and empathy toward SbC offenders in response to law enforcement officers’ (LEO) participation in a 30-minute SbC intervention training. This dissertation first introduced information about defining features and prevalence of suicide as a whole and SbC in particular. SbC factors include SbC intent, mental health history, noncompliance with LEO commands, and multiple …

Underrepresentation Of Black Participants In Drug Court: Reasons Reported For Non-Admission In Six Jurisdictions, Kathryn J. Genthon

Theses and Dissertations

Despite the beneficial impacts of drug court participation, access to these programs may not be equitable across racial groups. The reasons behind racial disparities in access to these programs are not well-documented in the current literature. This study investigates disparities in access to drug court and the possible reasons they occur. Chi-square tests are used to assess for disparities in admissions between Black and White individuals referred to drug court. Additional statistical analyses addressed the association of sex and age with admission to provide a broader picture of the impact of a variety of demographic characteristics on admission to drug …

Too Feminine For Execution?: Gender Stereotypes And The Media’S Portrayal Of Women Sentenced To Death, Kelsey M. Collins

Theses and Dissertations

Traditional gender norms prescribing women as more nurturing and less aggressive than men have led to both the reluctance to view women as capable of violence, as well as a greater willingness to execute men than women in the United States. To make sense of the instances where women are sentenced to death, the media often pathologizes and/or demonizes them. Scholars have found that demonizing and dehumanizing those executed is a necessity to the implementation of capital punishment, both in cases of male and female defendants. To better understand how the news media have framed the gender and racial narratives …

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …

Nudging Users Towards Data Privacy, Ossama Hanafy

Theses and Dissertations

The internet challenges users' privacy in unpreceded ways. Technology companies collect massive amounts of data from online users. They use algorithms that can track and analyze each activity by each user. Even though many users worry about their online privacy, they keep revealing more personal data. This study explores the causes behind online privacy erosion. While tech companies and governments aim to achieve economic and political goals, users are motivated by social motives. Online Privacy erosion leads to many harms to individuals and societies while collecting, processing, and disseminating data. Moreover, this study argues that the current legal approaches, especially …