Other Legal Studies Commons^™

Public Opinion Of And Faith In The U.S. Supreme Court, Allee Gay

Honors Theses

The US Supreme Court has been historically trusted as an impartial arbiter of the Constitution. However, in 2022 the level of public trust in the Supreme Court dropped to a historic low, and faith in the institution has not recovered in the following years. Previous research demonstrated that Supreme Court decisions can influence public opinion and suggested that the Dobbs v. Jackson Women’s Health Clinic can be blamed for this decline. Further research proved that the President’s role in appointing justices can have an effect on the perception of the Court. This study examines both the reactions to controversial cases …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

The Equity Dead Zones: Legal Intersectionality Failure Points In Chapter 13 Bankruptcy, Tearria N. Simmons

The Guardianship Journal

Legal intersectionality failure points describe the systemic fractures that occur where overlapping legal, social, and economic inequalities converge, potentially producing compounded barriers to relief. Each failure point marks a site of marginalization. In what ways do individuals already recognized as vulnerable in Chapter 13 bankruptcy face a heightened risk when multiple forms of disadvantage intersect? When these intersections combine in mutually reinforcing ways—racial, economic, and relational disparities colliding with structural deficiencies in family, property, and bankruptcy law—does it result in pronounced negative outcomes, and, if so, what are those outcomes? Within this convergence, could there be a space where compounded …

The Rights Of Nature Meaning-Making Experiments In Ecuador: A Pragmatist Inquiry, Lourdes Aguas Gonzalez

Electronic Theses & Dissertations (2024 - present)

Ecuador is the first and only country in the world to recognize nature as a subject of rights in its national Constitution, with the most court cases to date, and with a vibrant moral imagination regarding the more-than-human world. Building on the pragmatist tradition, my research examines three questions: What are the rights of nature in Ecuador? How is nature politically represented in Ecuadorian legal forums? And how can collective problem-solving experiments around the rights of nature in Ecuador inform moral inquiry? To answer these questions, I bring sociology in conversation with philosophy. My theoretical and methodological tools as a …

Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal

West Chester University Master’s Theses

Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …

When Ballots Are Blank: Write-In’S Serving Local Government And The Implications For A Healthy And Vibrant Democracy, Thomas J. Ruter

School of Business Student Theses and Dissertations

Our democracy depends on having a supply of candidates running for elected office, but in some instances, no one wants to run. This phenomenological study asks what the effects on a healthy and vibrant democracy are if ballots are blank and the seat is filled through write-in or appointment. Rooted in democratic theory, this study explores small, rural city elections where write-ins won election. Understudied, local governments are responsible for decisions affecting the lives of millions of people each day. Workforce scarcity, the alienation of young Americans from politics, government bashing, nasty campaigns, threats of physical harm, and other barriers …

Modern Approaches To Addressing The Mass Incarceration Of America's Mentally Ill Population, Cameron A. Bice, April N. Terry

Academic Leadership Journal in Student Research

Correctional facilities negatively affect individuals with pre-existing mental and behavioral health concerns while also creating an environment that manifests future mental illness. Issues include facility overcrowding, restrictive housing practices, lack of accessible services, and ill-informed practices and procedures when working with individuals with mental illness. Incarcerated individuals with mental illness also face disparities through (1) sentence length, (2) race/ethnicity and gender, and (3) increased risk in victimization. This paper draws attention to a long-standing, yet current critical issue in the American criminal justice system—the use of jails and prisons as modern-day psychiatric hospitals. This literature yields many options for disrupting …

Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel

Senior Honors Projects, 2020-current

Before pursuing an international career, members of the LGBTQIA+ community must be aware of the hardship that may be exacerbated by living and working abroad. This study addresses the trends in laws, including employment and anti-discrimination laws, that provide and restrict certain rights of members of the LGBTQIA+ community in eight countries. These nations, both progressive and discriminatory, include the United States, England, Switzerland, Germany, Taiwan, China, the Philippines and Kazakhstan. Eight LGBTQIA+ business professionals spoke on their experiences living and working in each of these countries and provided advice to members of the community wishing to pursue an international …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal

Theses and Dissertations

The dominant approach to addressing violence against women in Egypt today is carceral, or relying on the punitive instruments of the state to achieve justice (most visibly represented by the prison and police). While carceral responses are perhaps unsurprisingly advocated by state feminism, they are also promoted by what would typically be described as anti-state actors. This paradoxical entanglement takes place during what I identify as the 'carceral moment', a period marked by the intensification of political and social repression and during which incarceration appears more readily available as a solution to remedy perceived problems of governance. I argue that, …

Kiss Of Love Campaign: Contesting Public Morality To Counter Collective Violence, Sonia Krishna Kurup Miss

Peace and Conflict Studies

The paper studies the immense opposition to a nonviolent campaign against the practice of moral policing in Kerala to understand the dominant spaces, collective identities, and discourses that give shape to the outrage of public morality in India. The campaign through its politics specifically targeted rightwing and political groups as well as socially embedded familial and institutional structures that exercise control over individuals through patriarchal regimes. The adverse reaction to the campaign revealed that collective aggression or violence can be used to impose majoritarian values and exert social control through the authority of public morality and everyday acts of moral …

Many Forms Of Black Death: Coal Extraction, Transnational Activism And The Value Of Life In Colombia, Oscar H. Pedraza Vargas

Dissertations, Theses, and Capstone Projects

After the murder of the president and vice president of the coal union by paramilitaries in the department of Cesár, Colombia, the union is left adrift. Its fragility is only heightened when the person who decides to take over, is killed six months later. The union has been vocal on their critique of environmental destruction produced by coal and argues that their criticism is part of the reasons why they were targeted. Not far from there, in the department of Guajira, the conglomerate in charge of Cerrejón, the largest open-pit coal mine of South America, wants to divert a creek …

A Political Effect On Judicial Decision Making: Does Ideology Or Election Effect The Way Judges Decide?, Kaylynne Lyons

Political Science Theses and Capstones

Politics have shown to have a strong effect on most things in our country. There has been lots of research on our state judicial systems and their effects on judicial decisions. Judges have been accused of having underlying reasons to their decisions even though they are not supposed to. Past research has suggested that how the judge is retained has a small but relevant effect on judicial decision making. The literature review discusses effects of the state's system of judicial selection. That leads us to question more about political effects on decision making. I analyze how the ideology of a …

Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi

Dickinson Law Review (2017-Present)

No abstract provided.

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

A Venue To Grow: Researching Professional Growth In The Collaborative Courts Of The Northern District Of California, Wyatt Lim-Tepper

Master's Projects and Capstones

This study examines the professional growth of collaborative court staff in the Northern District of California (NDCA). First, it sets forth a background that reviews the history of collaborative courts and details the development, purpose and structure, and current processes at the federal level. Second, the researcher describes the framework of the NDCA as an institution and further identifies the stakeholders who participate in the NDCA’s two collaborative courts: the Reentry Court and the Conviction Alternatives Program (CAP). Third, the study reviews the literature on professional growth in the legal field, education and academia, and public-health fields. Fourth, this paper …

Boomers And Fraudsters: A Closer Look At The Financial Elder Abuse Cycle In America, Ryan E. Brown

Marriott Student Review

In 2011, a landmark study was published by the Metlife Mature Market Institute claiming that nearly $3 billion disappears from the wallets and bank accounts of senior citizens annually. More surprising is that a similar study reported that figure could be as high as $36 billion. Because so many seniors let incidents of fraud or financial deceit go unreported, there is a huge discrepancy in annual reporting. This contributes to the overall lack of understanding we have of elder financial abuse, or why seniors continue to lose to fraudsters and scam artists. In a brief overview of financial elder abuse …

Sweeping Exposures: Lead Poisonings And Black Working Poor Populations In The United States, Shirley Reid

Dissertations, Theses, and Capstone Projects

The focus of my thesis is to explore some of the realities that the impoverished urban black poor populations face in America today. The goal of my thesis is to illustrate how poverty is reproduced within impoverished neighborhoods through the idea and mechanism of lead exposure, by recognizing how specific exposure to the element lead and its by-products is both a symbol and a material cause of black urban poor illness and disability. There is no mistake that people living in the U.S. are aware of the social injustices against black populations in the form of racial injustice. However, …

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

Intersectionality In Queer Activism: A Case Study, Haley Adams

Undergraduate Theses

This paper explores the relationships between intersectionality and queer activism through a case study of the Louisville, Kentucky LGBTQ+ organization The Fairness Campaign. Intersectionality has been increasingly explored by academia, but rarely ventures beyond the “big three” categorical divisions of race, gender, and class; even rarer are studies of the practical application of intersectionality in activism, particularly queer activism. Through analysis of secondary data, I examine the ways in which intersectionality has, consciously or not, played a part in the history of the Fairness Campaign, as well as its role in the future of the organization.

Empowerment From Within: Supporting Palestinian Women’S Struggle Against Violence, Ortal Bensky

Dissertations, Theses, and Capstone Projects

Recent reports by the United Nations and local non-governmental organizations present a troubling increase in incidents of violence against Palestinian women in Palestine. These are cases of domestic violence, where the attackers are Palestinians, and political violence, where the attackers are Israeli settlers and soldiers. These violent incidents include attacks on body and property. Most incidents are neither dealt with by the Palestinian authorities nor by the Israeli government and judicial system. There is not sufficient international pressure to enforce justice. The purpose of this study is to offer alternative ways to prevent violent crimes, enforce relevant laws, and provide …

The Eighth Amendment’S Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Indiana Law Journal

The Supreme Court’s inquiry into the constitutionality of the death penalty has over-looked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and dis-torts its Eighth Amendment analysis.

This Article presents a quantitative study of …

Child Marriage: Addressing The Challenges And Obstacles In The Post-2015 Agenda, Valeria Pelayo

Independent Study Project (ISP) Collection

This study explores the progress of child marriage eradication over the last forty years in order to identify the weak points of implementation as well as how these are being incorporated in the post-2015 agenda. An assessment of current rates by geographic region and several other demographic factors is included along with future projections for these affected areas. The shortcomings identified include a lack of program evaluation, negligence towards married children, a shortage of data on sub-national legislation efficacy, and minimal attention paid to child marriage in the context of slavery and human trafficking. The scope of the problem is …

A National Scan Of Psychiatric Involuntary Hold Policies, Evan D. Peters

UROP Posters

Psychiatric involuntary holds are initiated when an individual suffering from mental illness is deemed a danger to themselves or others. Each state and the District of Columbia has its own legislation outlining the process for involuntary holds and the assessments that take place during a hold. A variety of individuals, professional and non-professional, can be involved in the process. Each state also sets a time limit during which a person can be held, and specific language that details the behavior of individuals that are eligible for psychiatric involuntary holds. This information was gathered by examining each states' codes involving psychiatric …

La Tirania De La Invisibilidad: La Necesidad De Reconocer Y Analizar La Violencia De Genero En La Argentina, Laura Mallison

Scripps Senior Theses

This thesis examines gender violence in Argentina in the context of the historic continuum of gender inequality, with a more in-depth analysis of gender violence during the 1976-1983 dictatorship. I argue that gender violence is perpetuated and normalized by its lack of recognition as a political issue with ramifications extending to daily life. I use the construction of a collective memory of the Dictatorship as a framework for making the intricacies of gender violence more visible and provide a detailed analysis of two laws against gender violence to demonstrate its systematic nature. Ultimately, laws are not sufficient to address such …

The Crisis Of Secularism: How Democracy Fuels Moral Panics And Religious Fundamentalism, Pedja Ilic

Themis: Research Journal of Justice Studies and Forensic Science

While identifying humanity’s most cherished ideals, there is one notion that ultimately supplants all others: the notion of freedom. The concept itself and its encompassing rhetoric have been utilized ad nauseam by virtually all contemporary social orders to validate the levels of civilizational maturity and, perhaps more importantly, to set goals to which the same should strive. However, irrespective of its categorical position at the very summit of conscious human existence, its interpretational elasticity allows for a diminishing number of concessions. This paper offers critique and examines interactions between multiculturalism, cultural relativism, religion, and secularism within contemporary Western societies. It …

Explaining Political Activeness And Attitudes Toward Unionization Among Nurses In The United States., Crystal L. Lesmeister

Political Science Theses and Capstones

There is no question; nurses play a key role in healthcare. Nurses provide direct care, coordinate health promotion activities, educate, and provide support and advocacy to patients. Today, there are over two million registered nurses in the United States. My research aims to determine the variables that influence some nurses to be more politically active and more engaged in unionization than their counterparts. I analyze The National Sample Survey of Registered Nurses 2004 looking at a variety of potential explanations for union participation. Findings show a strong regional variation in the percentage of unionization, however, some of the conventional explanations …

The Californians Against Sexual Exploitation (Case) Act: A Case Study In Policy Advocacy, Bailey Mannisto-Ichés

Capstone Collection

In any given year in the United States of America at least 100,000 domestic youth are sexually exploited through the commercial sex industry. Current national and state laws do not adequately protect these children from being groomed, pimped, and exploited over and over again in their young lives. A majority of these children are trafficked from, into or within the nation’s most populated state of California. In 2003 the FBI identified three of the country’s 13 high-­‐intensity child sex trafficking cities as being in California. The cycle of violence these children endure is not being brought to justice through the …

Speaking Up For The Little Ones: Enforcing Children's Rights, Rebecca Davis

A with Honors Projects

Augmented final research project including additional sources and an analysis of varying international perspectives.

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …