Other Legal Studies Commons^™

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, …

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

Fighting The Invisibility Of Domestic Violence, Yesenny Fernandez

Dissertations, Theses, and Capstone Projects

Analyzing the invisibility of domestic violence in New York City as 32% of women in the city experience intimate partner physical violence. In this project, domestic violence refers to all different kinds of violence that occur in a home between all the members who live there regardless of whether they are intimate partners or not. The data focuses on all the daily calls received by the New York Police Department (NYPD) and NYC Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) regarding domestic violence related incidents such as physical, psychological, emotional, and sexual violence, or murder. Even though many …

The Significance Of Sonic Branding To Strategically Stimulate Consumer Behavior: Content Analysis Of Four Interviews From Jeanna Isham’S “Sound In Marketing” Podcast, Ina Beilina

Student Theses and Dissertations

Purpose:
Sonic branding is not just about composing jingles like McDonald’s “I’m Lovin’ It.” Sonic branding is an industry that strategically designs a cohesive auditory component of a brand’s corporate identity. This paper examines the psychological impact of music and sound on consumer behavior reviewing studies from the past 40 years and investigates the significance of stimulating auditory perception by infusing sound in consumer experience in the modern 2020s.

Design/methodology/approach:
Qualitative content analysis of audio media was used to test two hypotheses. Four archival oral interview recordings from Jeanna Isham’s podcast “Sound in Marketing” featuring the sonic branding experts …

Safe At Home?, Mary Steffenhagen

Capstones

Homeschooling is rising in America at an unprecedented rate. This investigative story package examines some of the regulatory bounds of the practice, challenges it poses to child welfare interests, and how those issues impact the everyday lives of children being homeschooled. It was produced in Andy Lehren’s investigative reporting class, with an audio component produced in Narrative Podcast. You can read and listen to it at www.marysteffenhagen.com/capstone (password protected).

Must Consent Be Informed? Patient Rights, State Authority, And The Moral Basis Of The Physician's Duties Of Disclosure, D. Robert Macdougall

Publications and Research

Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions.

What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an …

Standing Trans Before The Law, Kyla Bender-Baird

Dissertations, Theses, and Capstone Projects

In the 1960s, trans people in the United States began asserting their rights, petitioning courts for name changes, updating sex markers on birth certificates and other identity documents, and confirming whether their marriages were legal. However, it was not until the mid-2000s that courts began recognizing trans discrimination claims. While trans people enjoyed numerous legal inroads under the Obama administration, within its first two years, the Trump administration had effectively reversed these legal gains. Being vulnerable to the political winds contributes to a feeling of legal precarity, which, in turn, shapes how trans people think about and approach the law. …

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

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 …

Felony Disenfranchisement: Factors Relating To Support For Restoration, Alexis K. Karpf

Student Theses

Felony Disenfranchisement, a collateral consequence, strips justice-involved individuals of their voting rights. While this policy is enacted in 48 states and the District of Columbia, a majority of community members are unaware of its existence. The current study used three hypotheses to guide its research about how education about disenfranchisement policy impacts a community member's opinion:1) Participants exposed to information about the effects of disenfranchisement will be more supportive of enfranchisement than those in the control condition; 2) Participants who receive the vignette featuring the White justice-involved individual will indicate a higher level of support for enfranchisement compared to those …

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 …

Sometimes Merely As A Means: Why Kantian Philosophy Requires The Legalization Of Kidney Sales, D. Robert Macdougall

Publications and Research

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can …

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 …

Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman

Publications and Research

Given that we must prepare students for the future workforce today how can we use the power of Open Educational Resources (OERs) and Digital Social Science research to improve student learning and help students develop technical skills needed for the high-tech workforce? In this article, we use transformative learning theory (Mezirow, 1978) and Digital + Critical Participatory Action Research (D+CPAR) to analyze the effectiveness of integrating OERs into a course and reflect on how we used OERs to support student learning and make civic engagement more equitable at an urban community college. In a criminal justice course analyzing the legal …

Fair Use As Creative Muse: An Ongoing Case Study, Malin Abrahamsson, Stephanie Margolin

Publications and Research

In this chapter, the authors describe various copyright-related lessons that they've presented to faculty and students at their institution.

The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd

Dissertations, Theses, and Capstone Projects

The labor of enslaved Africans and Black Americans played a large part in the history of colonial America, with the American plantation being the epicenter for all that was to be produced. While the two have never been completely tied together, capitalism and modern day slavery have been linked with one another. Some analysis sees slavery as a remote form of capitalism, a substitute, to an antiquated form of labor in the modern world.

Slave plantations adopted a new concentration in size and management, referred to by W.E. DuBois as a change "from a family institution to an industrial system."1 …

Woof, Joseph D. Jaafari

Capstones

About 10 percent of Americans identify as polyamorous, defined as having multiple love affairs within a single relationship. Those relationships are as diverse as they are complicated with some ranging from having multiple people within a relationship to a couple having outside individual relationships.

Within the gay world, polyamory and open relationships has become a norm, and within the gay fetish scene it’s almost a requirement.

https://drive.google.com/open?id=0B_MnWyJVYJneYVAzXzcxU2U3bFE

But polyamory has its own set of complications legally. Because in America we have a system where only one person can receive benefits (be it through marriage or blood), there are complications if, …

The South African Elderly: Neglect, Social Contribution And The Hiv/Aids Epidemic, Alessia Frisoli

Dissertations, Theses, and Capstone Projects

With a slowing fertility rate and an increasing longevity, the world population is aging. Both developed and developing countries have seen their elderly become more numerous with an increasing burden on their financial, medical and social system. Many scholars have suggested immediate change of policies to contain the predicted crisis that will affect the health care and the pension schemes in the next decades. However, few have investigated the positive role that the seniors play contributing to society, beyond the complications caused to the economy and welfare system. This thesis will support the argument that the elderly, if appropriately cared …

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 …