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ASU Electronic Theses and Dissertations


This collection includes most of the ASU Theses and Dissertations from 2011 to present. ASU Theses and Dissertations are available in downloadable PDF format; however, a small percentage of items are under embargo. Information about the dissertations/theses includes degree information, committee members, an abstract, supporting data or media.

In addition to the electronic theses found in the ASU Digital Repository, ASU Theses and Dissertations can be found in the ASU Library Catalog.

Dissertations and Theses granted by Arizona State University are archived and made available through a joint effort of the ASU Graduate College and the ASU Libraries. For more information or questions about this collection contact or visit the Digital Repository ETD Library Guide or contact the ASU Graduate College at gradformat@asu.edu.


Contributor
Subject
Date Range
2011 2019


The rights of American Indians occupy a unique position within the legal framework of water allocations in the western United States. However, in the formulation and execution of policies that controlled access to water in the desert Southwest, federal and local governments did not preserve the federal reserved water rights that attached to Indian reservations as part of their creation. Consequentially, Indian communities were unable to access the water supplies necessary to sustain the economic development of their reservations. This dissertation analyzes the legal and historical dimensions of the conflict over rights that occurred between Indian communities and non-Indian water …

Contributors
Killoren, Daniel, Hoerder, Dirk, Hirt, Paul, et al.
Created Date
2011

Why do social perceivers use race to infer a target's propensity for criminal behavior and likelihood of re-offense? Life history theory proposes that the harshness and unpredictability of one's environment shapes individuals' behavior, with harsh and unpredictable ("desperate") ecologies inducing "fast" life history strategies (characterized by present-focused behaviors), and resource-sufficient and stable ("hopeful") ecologies inducing "slow" life history strategies (characterized by future-focused behaviors). Social perceivers have an implicit understanding of the ways in which ecology shapes behavior, and use cues to ecology to infer a target's likely life history strategy. Additionally, because race is confounded with ecology in the United …

Contributors
Williams, Keelah Elizabeth Grace, Neuberg, Steven L, Saks, Michael J, et al.
Created Date
2017

This Thesis contends that if the designer of a non-biological machine (android) can establish that the machine exhibits certain specified behaviors or characteristics, then there is no principled reason to deny that the machine can be considered a legal person. The thesis also states that given a related but not necessarily identical set of characteristics, there is no principled reason to deny that the non-biological machine can make a claim to a level of moral personhood. It is the purpose of my analysis to delineate some of the specified behaviors required for each of these conditions so as to provide …

Contributors
Calverley, David J., Armendt, Brad, Mcgregor, Joan, et al.
Created Date
2011

Art and law have a troubled relationship that is defined by steep hierarchies placing art subject to law. But beyond the interplay of transgressions and regulations, manifest in a number of high-profile cases, there are more intricate connections between the two disciplines. By expanding the notion of law into the concept of a hybrid collectif of legality, the hierarchies flatten and unfamiliar forms of possible interactions emerge. Legality, the quality of something being legal, serves as a model to show the capricious workings of law outside of its own profession. New juridical actors—such as algorithms—already challenge traditional regulatory powers and …

Contributors
Schreiber, Christoph, Hoy, Meredith, Codell, Julie F., et al.
Created Date
2018

Over the past decades, Colombian society has endured the impact of a longstanding political conflict among different actors and outrageous expressions of violence, especially among left wing guerrillas, right wing paramilitary groups and the state government. Drawing on socio-legal studies in transitional justice and human rights, this research attempts to analyze the recent experience of transitional justice in Colombia. The main purpose of this research is to understand how political, institutional and social actors, especially the government, the courts, the human rights and transitional justice NGOs, and victims associations, frame the mechanisms of transitional justice and use legal instruments to …

Contributors
Gomez, Gabriel Ignacio, Lauderdale, Pat, Vanna, Gonzales, et al.
Created Date
2011

In this discussion I will state fundamental principles of Kelsen's Legal Positivism in International Law and explain four problems with his theory. I will then propose two suggestions in the light of which Kelsen's theory is modified in this discussion and explain how these two suggestions address the four problems and help the theory account for regime change. Finally, I will address possible objections to the view advanced in this discussion. Dissertation/Thesis

Contributors
Ioannidis, Christoforos, De Marneffe, Peter, French, Peter, et al.
Created Date
2012

For the death penalty to be justified, it must be reserved for the worst of the worst. In his 2011 study of Connecticut's death penalty system, however, John Donohue found that arbitrariness and discrimination are defining features. Donohue's finding that non-white defendants whose victims were white are six times more likely to receive the death penalty indicates that race is more a predictor of a death sentence than the egregiousness of the crime. An analysis of capital sentencing outcomes in Maricopa County, Arizona reveals that the race of the victim is not related to the likelihood of receiving a death …

Contributors
Traywick, Margo, Provine, Doris Marie, Baich, Dale, et al.
Created Date
2012

This dissertation project is a legal and policy analysis of California's involuntary psychiatric commitment laws and policy as applied to American Indians (AI). Mental health-based civil commitment and conservatorships constitute some of the most severe intrusions into personal liberties and freedom outside of the criminal justice system. In the context of AI peoples and tribal Nations, however, these intrusions implicate not only individual freedoms and well-being but also larger notions of tribal sovereignty, self-determination, culture, and the dialectic relationship between individual identity and community knowledge related to definitions of health, illness and the social meaning of difference. Yet, in the …

Contributors
Gough, Heather, Brayboy, Bryan Mck. J., Romero, Mary, et al.
Created Date
2013

Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in the realms of law, politics, and science. Chapter One identifies the legal climate for changing one's sexual identity post-surgical reassignment. It pays particular attention to the ability of postsurgical transsexuals to marry in their acquired sex. Chapter Two considers the process for identifying the sex of athletes for the purposes of participation in sex-segregated athletic events, specifically the role of …

Contributors
Parsi, John, Crittenden, Jack, Guston, David H, et al.
Created Date
2013

Research has consistently shown that gay/lesbian/bisexual (GLB) or sexual minority youth are at an increased risk for adverse outcomes resulting from the stress caused by continual exposure to negative events (e.g., victimization, discrimination). The present study used a nationally representative sample of adolescents to test mechanisms that may be responsible for the differences in offending behaviors among sexual minority and heterosexual adolescents. Specifically, this study tested whether bisexual adolescents received less maternal support than did heterosexual adolescents because of their sexual orientation, thus increasing the likelihood that they run away from home. This study then examined whether the greater likelihood …

Contributors
Mansion, Andre D., Chassin, Laurie, Barrera, Manuel, et al.
Created Date
2018

Both law and medicine are interpretive practices, and both systems have historically worked in tandem, however ineffectively or tumultuously. The law is, by social mandate, imagined as a "fixed" system of social control, made up of rules and procedures grounded in a reality that is independent of language; although we know that law is both revised and interpreted every day in courtroom practice, to imagine the law, the system that keeps bad people behind bars and good people safe, as indeterminate or, worse, fallible, produces social anxieties that upend our cultural assumptions about fairness that predate our judicial system. This …

Contributors
Alden, Andrea Lisa, Daly Goggin, Maureen, Carlson, A. Cheree, et al.
Created Date
2014

This study investigates the presence of a dual identity defendant, and how sharing an in-group can create a judgment bias. A sample of 256 participants was used to test whether there was a relationship between judgment punitiveness, perceptions of shared identity, hypocrisy and the social identities (religion and sexual orientation) of the participants and a defendant charges with a sexual offence. Results suggest that Christian participants selected more punitive outcomes for the defendant compared to non-Christian participants. Further, participants were more punitive when the defendant was gay compared to when the defendant was heterosexual. Also, when the defendant was straight …

Contributors
Altholz, Rachel Leah, Salerno, Jessica, Hall, Deborah, et al.
Created Date
2014

Very little experimental work has been done to investigate the psychological underpinnings of perceptions of privacy. This issue is especially pressing with the advent of powerful and inexpensive technologies that allow access to all but our most private thoughts -and these too are at risk (Farah, Smith, Gawuga, Lindsell, &Foster;, 2009). Recently the Supreme Court ruled that the use of a global positioning system (GPS) device to covertly follow a criminal suspect, without first obtaining a search warrant, is a violation of a suspect's fourth amendment right to protection from unlawful search and seizure (United States v. Jones, 2012). However, …

Contributors
Baker, Denise A., Schweitzer, Nicholas J, Newman, Matt, et al.
Created Date
2012

A sample of 193 participants viewed one of six variations of an eyewitness giving mock testimony. Each participant viewed testimony, which varied by level of emotion (none, moderate, or high) and frame (waist-up or head only). Participants then rated the witness using the Brodsky Witness Credibility Scale and the Reyson Likability Scale. A set of ANOVA's was performed revealing an effect of emotion level on both credibility and likability. Emotion level was found to influence participant judgments of poise, however, to a lesser degree than judgments of credibility and likability. These results suggest that attorneys may want to avoid the …

Contributors
Havener, Shannon, Schweitzer, Nicholas, Salerno, Jessica, et al.
Created Date
2014

This research project analyzes women’s dynamic pathways to pregnancy prevention and termination in Arizona. Two levels of analysis guide the study: The first is a cultural analysis of the socio-legal conditions that shape the channels to birth control and abortion. During this historical moment, I analyze the fight over increasing (and calls for more) legal constraints against contraception and abortion, coupled with decreasing individual access to reproductive health care information and services. This dissertation includes an examination of the struggle over reproductive health on the ground and in the legal arena, and real pushbacks against these constraints as well. The …

Contributors
Martinez, Melissa Janel, Adelman, Madelaine, Provine, Doris Marie, et al.
Created Date
2016

In the past 100 years pet, zoo/aquarium, and research animals have gained unprecedented legal protection from unnecessary human harm via the creation of strict animal cruelty laws. Due to the work of moral philosophers and compassionate lawyers/judges animal cruelty laws have been improved to provide harsher punishments for violations, had their scopes widened to include more animals and had their language changed to better match our evolving conception of animals as independent living entities rather than as merely things for human use. However, while the group of pet, zoo/aquarium, and research animals has enjoyed more consideration by the US legal …

Contributors
Decoster, Miles, Mcgregor, Joan, Blackson, Thomas, et al.
Created Date
2012

With new trends in drug development and testing, it must be determined whether the current state of balance of ethos (the moral norm) and regula (the legal framework) can successfully protect patients while keeping the door to scientific innovation open. The rise of the Clinician Investigator (CI) in both academic and private research introduces a challenge to the protection of subjects in the conflicting dual role of physician and scientist. Despite the constant evolution of regulation and ethical standards, questions about the roles' combined effectiveness in relation to this challenge persist. Carl Elliot describes the suicide of a patient-subject enrolled …

Contributors
Waddell, Amanda, Robert, Jason S, Ellison, Karin, et al.
Created Date
2012

Cultivation theory states that consuming television cultivates a social reality in the real world which aligns with the reality present in television. When the television show CSI was released, researchers studied a form of cultivation stemming from the show titled the "CSI Effect." One of the components of the CSI Effect is the tendency of those who watch CSI to be more likely to overestimate the presence of forensic evidence present in a trial and place more trust in such evidence. In recent years, several true crime documentaries that examined controversial cases have been released. In a similar vein of …

Contributors
Doughty, Kathryn A., Schweitzer, Nicholas J., Neal, Tess, et al.
Created Date
2018

Above all else, this project is about parentage in the modern American legal system and culture. Advanced reproductive technologies require our courts to reconsider the long-standing presumption that a child has only one female mother and one male father. We now have children of choice, rather than chance. Assisted Reproductive Technology and its widespread availability and use and changed the landscape of parentage maybe forever. And the children of such efforts remain largely unprotected by our current legal system that favors reproduction by chance within a recognized marriage or at the least, a traditional two-parent paradigm. However, assisted reproduction calls …

Contributors
Ross, Jane O., Johnson, John, Hepburn, John, et al.
Created Date
2012

As a contribution to what has emerged categorically in medieval scholarship as gentry studies, this dissertation looks at the impact the development of obligatory taxation beyond customary dues and fees had on late medieval English society with particular emphasis given to the emergent view of the medieval subject as a commercial-legal entity. Focusing on Middle English popular romance and drawing on the tenets of practice theory, I demonstrate the merger of commerce and law as a point of identification in the process of meaning and value making for late medieval gentry society. The introductory chapter provides an overview of the …

Contributors
Bump, Nathaniel John, Newhauser, Richard G, Sturges, Robert S, et al.
Created Date
2015

For over a century, writings in the Law & Literature genre have been largely restricted to works concerning lawyers and courtrooms. This despite early preeminent Law& Literature scholars' assertions that the genre should incorporate any writing that examines the intersection of law, crime, morality, and society. For over a half-century, Detroit novelist Elmore Leonard has been producing well-written, introspective novels about criminals, violence, and society's need to both understand and condemn these things, all under the broad, oft-marginalized genre of crime and detective fiction. This paper pairs the work of Elmore Leonard, using his successful novel Out of Sight as …

Contributors
Weier, Nicholas, Clarke, Deborah, Lussier, Mark, et al.
Created Date
2012

In recent years, the use of biologically based (neurological, neuropsychological, genetic) evidence in criminal trials as support for claims of mental impairments among offenders has increased in popularity. However, research on how exposure to those arguments affects jury decision-making remains unclear. Specifically, arguments rooted in biology sometimes mitigate and sometimes aggravate judgments of criminal responsibility for mentally ill offenders, and this discrepancy seems to stem from the specific conditions by which that disorder was acquired. The following study’s aim was to uncover the precise mechanism(s) behind this elusive effect. Utilizing a 2x2 between subjects experimental design, participants were presented with …

Contributors
Hunter, Shelby, Schweitzer, Nick, Neal, Tess, et al.
Created Date
2017

Deoxyribonucleic Acid (DNA) evidence has been shown to have a strong effect on juror decision-making when presented in court. While DNA evidence has been shown to be extremely reliable, fingerprint evidence, and the way it is presented in court, has come under much scrutiny. Forensic fingerprint experts have been working on a uniformed way to present fingerprint evidence in court. The most promising has been the Probabilistic Based Fingerprint Evidence (PBFE) created by Forensic Science Services (FSS) (G. Langenburg, personal communication, April 16, 2011). The current study examined how the presence and strength of DNA evidence influenced jurors' interpretation of …

Contributors
Arthurs, Shavonne, Mcquiston, Dawn, Hall, Deborah, et al.
Created Date
2012

My Critical Yoga Studies investigation maps from the early 20th century to present day how yoga has become white through U.S. law and cultural productions, and has enhanced white privilege at the expense of Indian and people of color bodies. I position Critical Yoga Studies at the intersection of Yoga Studies, Critical Race Theory, Indigenous Studies, Mobilities Studies, and transnational American Studies. Scholars have linked uneven development and racial displacement (Soja, 1989; Harvey, 2006; Gilmore, 2007). How does racist displacement appear in historic and current contexts of development in yoga? In my dissertation, I use yoga mobilities to explain ongoing …

Contributors
Singh, Roopa, Lomawaima, K. Tsianina, Aggarwal, Rimjhim, et al.
Created Date
2019

From its founding, the United States has always claimed to be a nation of immigrants, yet in the past century the issue of immigration has become an even more contentious political issue surrounded by heated rhetoric filled with passion, but devoid of information. This thesis hopes to interrupt this rhetoric with a thorough analysis of immigration politics in Arizona through a legal lens, a theoretical lens and an empirical lens. While this thesis by no means looks at all facets of immigration politics, it informs in a manner that adds depth by providing information on the history behind, and legal …

Contributors
Bycura, Marquette Nicole, Schweitzer, Nick, Vargas, Perla, et al.
Created Date
2011

Law and science are fundamental to the operation of racism in the United States. Law provides structure to maintain and enforce social hierarchies, while science ensures that these hierarchies are given the guise of truth. Biologists and geneticists have used race in physical sciences to justify social differences, while criminologists, sociologists, and other social scientists use race, and Blackness in particular, as an explain-all for criminality, poverty, or other conditions affecting racialized peoples. Social and physical sciences profoundly impact conceptualizations and constructions of race in society, while juridical bodies give racial science the force of law—placing legal benefits and criminal …

Contributors
Chin, Jeremiah Augustus, Brayboy, Bryan McK.J., Tsosie, Rebecca, et al.
Created Date
2017

Recent advances in hierarchical or multilevel statistical models and causal inference using the potential outcomes framework hold tremendous promise for mock and real jury research. These advances enable researchers to explore how individual jurors can exert a bottom-up effect on the jury’s verdict and how case-level features can exert a top-down effect on a juror’s perception of the parties at trial. This dissertation explains and then applies these technical advances to a pre-existing mock jury dataset to provide worked examples in an effort to spur the adoption of these techniques. In particular, the paper introduces two new cross-level mediated effects …

Contributors
Lovis-McMahon, David, Schweitzer, Nicholas, Saks, Michael, et al.
Created Date
2015

Life History Theory suggests that, in order to maximize reproductive fitness, individuals make trade-offs between allocating resources to mating and parenting. These trade-offs are influenced by an individual's sex, life history strategy, and environment. Here, I explored the usefulness of a Life History Theory framework for understanding endorsement of child support laws. This study experimentally manipulated sex ratio, and gathered information about participants' endorsement of child support, sexual restrictedness, and mate value. As predicted, women endorsed child support more than men, whereas men favored greater restriction of child support in the form of required paternity testing. However, in general, results …

Contributors
Williams, Keelah Elizabeth Grace, Neuberg, Steven L, Saks, Michael, et al.
Created Date
2013

There is conflicting evidence regarding whether a biasing effect of neuroscientific evidence exists. Early research warned of such bias, but more recent papers dispute such claims, with some suggesting a bias only occurs in situations of relative judgment, but not in situations of absolute judgment. The current studies examined the neuroimage bias within both criminal and civil court case contexts, specifically exploring if a bias is dependent on the context in which the neuroimage evidence is presented (i.e. a single expert vs. opposing experts). In the first experiment 408 participants read a criminal court case summary in which either one …

Contributors
Hafdahl, Riquel J., Schweitzer, Nicholas, Salerno, Jessica, et al.
Created Date
2016

Research at the intersection of psychology and law has demonstrated that juror decision-making is subject to many cognitive biases, however, it fails to consider the influence of culturally derived cognitive biases. As jurors become increasingly demographically and culturally diverse it is possible—and even likely—that their attributions might vary because of their cultural background. I predict that cultural and demographic group affiliation affects attributional tendencies such that, compared to situationally focused individuals (those from East Asian cultures, women, those from lower socioeconomic status groups, and older individuals), dispositionally focused individuals (those from Western cultures, men, those from higher socioeconomic status groups, …

Contributors
Votruba, Ashley, Kwan, Sau, Saks, Michael, et al.
Created Date
2017

Ethos or credibility of a speaker is often defined as the speaker's character (Aristotle). Contemporary scholars however, have contended that ethos lies with the audience because while the speaker may efficiently persuade, the audience will decide if it wants to be persuaded (Farrell). Missing from the scholarly conversation is attention to how ethos is performed between speaker and audience under institutional structures that produce inequitable power relations subject to changing political contexts over time. In this dissertation I analyze how ethos is performed that is a function of a specific social and political environment. My grandfather, Al Foon Lai, was …

Contributors
Carter, Karen Lynn Ching, Long, Elenore, Hannah, Mark, et al.
Created Date
2016

Arizona has become infamous for its strong nativist and anti-immigrant climate, gaining national and international attention for legislation and policing practices that are in violation of civil and human rights. Despite the grave injustices perpetuated against migrants and communities of color, they exist in an environment of acceptance. Applying Critical Pedagogy, Critical Race Theory/ Latina(o) Critical Race Theory, and Chicana Feminist epistemologies, this study interrogates the polarized discourse that has intensified in Arizona, within the immigration movement and across its political spectrum, from 2006 to 2008. I present an auto-ethnographic account, including use of participant action research, narrative, and storytelling …

Contributors
Maldonado, Angeles Judith, Swadener, Elizabeth B., Scott, Kimberly, et al.
Created Date
2013

Treating the Pro-Life Movement as a monolithic entity creates a blind spot regarding the cognitive effect of the fetal personhood rhetorical framework. This study applies an interpretive lens, using legal and discourse analysis as tools, to provide a critical analysis of personhood laws and web content to shed light on how linguistic patterns construct, and are informed by, worldview. Examining variations in proposed Human Life Amendments—and asking how, or if, proposed bills achieve their specified aim—reveals tension in state and federal jurisdiction of abortion regulations. It also exposes conflicts concerning tactical preferences for attaining fetal personhood and ending abortion that …

Contributors
Day, Sarah Lee, Behl, Natasha, Meân, Lindsey, et al.
Created Date
2018

This exploratory qualitative study is the first to examine secondary trauma experiences among capital trial defense practitioners, including attorneys, mitigation specialists, paralegals, and investigators, who work as a team in representing indigent clients facing a charge of capital murder which may result in the death penalty. Death penalty jurisprudence has been critically examined in numerous ways, and the negative psychological effects on those who are involved in the process is one of the issues that limited studies have documented. However, no systemic investigation of secondary trauma associated with capital trial defense practice for indigent clients has been conducted to date, …

Contributors
Tavassoli, Kyoko Yoshida, Holley, Lynn C, Maceachron, Ann E, et al.
Created Date
2016

The American courts have become increasingly central to many important political debates. The marriage equality debate, the boundaries between religious freedom and society, the death penalty, eminent domain and many other contemporary issues that have direct effects on the lives of all Americans continue to play out in the court systems. While Alexander Hamilton in Federalist 82 sees the federal and state courts as complementary, this research sees these courts as often-rival political venues that political interests make strategic choices about taking legal actions in. Prior research finds that political interests turn to the state courts for two reasons: The …

Contributors
Lohse, Paul Bryan, Lewis, Paul B, Herrera, Richard, et al.
Created Date
2017

Ethno-nationalist politicians and criminals in Mostar espoused a discourse of ethno-exclusionist sociocultural relations as a superstructure for the public in order to establish ethnocratic kleptocracies where they concealed their criminal colonization of residential and commercial property through manipulating the pre-Bosnian War discourse on property relations. This is not to argue that some or most of these politicians and criminals did not believe in their virulent nationalist rhetoric, but instead that the effects of the discourse created well-used pathways to personal, not community, wealth. Elites used the Yugoslav economic crisis and perceived past grievance to enflame growing tensions between ethnicities and …

Contributors
Pignotti, Arthur James, Batalden, Stephen K, Von Hagen, Mark, et al.
Created Date
2013

Intake of alcohol, tobacco, and illicit substances such as marijuana and methamphetamine during pregnancy can have significant deleterious effects on a developing fetus and the resulting infant. The existence of substance-exposed newborns also has negative impacts on society as a whole; these include financial burdens placed on taxpayers and the additional time and resources required by health care professionals, social workers, and law enforcement authorities to properly care for such infants. Existing literature show a strong correlation between prenatal care and improved birth outcomes, including abstinence from or reduction of prenatal substance abuse. The Health Start Program in the state …

Contributors
Tantibanchachai, Chanapa, Maienschein, Jane, Ellison, Karin, et al.
Created Date
2015

Psychology of justice research has demonstrated that individuals are concerned with both the process and the outcomes of a decision-making event. While the literature has demonstrated the importance of formal and informal aspects of procedural justice and the relevancy of moral values, the present study focuses on introducing a new form of justice: Substantive justice. Substantive justice focuses on how the legal system uses laws to constrain and direct human behavior, specifically focusing on the function and the structure of a law. The psychology of justice literature is missing the vital distinction between laws whose function is to create social …

Contributors
Lovis-Mcmahon, David, Schweitzer, Nicholas J., Saks, Michael, et al.
Created Date
2011

Connecting the three pieces of this dissertation is the foundation of our land or Mother Earth. Our relationship with our Mother is key to our indigenous legal tradition, as it both defines and is shaped by indigenous laws. These laws set forth the values and rules for relationships between humans, and between humans and the environment, including non-human beings. How we live in this environment, how we nurture our relationship with our Mother, and how we emulate our original instructions in treatment of one another are integral to our indigenous legal traditions. With this connection in mind, the three parts …

Contributors
Lorenzo, June Lynne, Huaman, Elizabeth S, Brayboy, Bryan M, et al.
Created Date
2015

Power relations among cultural, socio-economic, and political groups have been dynamic forces shaping American history. Within that changing world, relations between indigenous and non-indigenous groups have been complicated by a fundamental difference often ascribed to Western philosophy versus Native American spiritual traditions. In 1990, Congress codified that difference when it passed the Native American Graves Protection and Repatriation Act (NAGPRA) stipulating that Indian tribes and Native Hawaiians are unique among United States cultural groups. At the same time, NAGPRA began breaking down the Western vs. indigenous paradigm. The legislative process of NAGPRA strongly encouraged cooperation among indigenous peoples and the …

Contributors
Biggs, Patricia Allyn, Fixico, Donald L, Kintigh, Keith W, et al.
Created Date
2011

The asylum seeking process in the United States is arbitrary in nature, many aspects of which have been well documented. The legal process rests the burden of proof upon the asylum seeker to demonstrate he or she is truly fleeing persecution to a legal system where asylum seekers are not eligible for free representation. This contributes to a lower rate of success and an uncertain future, due to the limited or no access to employment, education, and health benefits, within the country in which they seek asylum. However, the academic literature pertaining to the repatriation process of the failed asylum …

Contributors
Weerawardena, Sachini Ruwangee, Cruz, Evelyn H, Klimek, Barbara, et al.
Created Date
2016

Courthouse dogs (sometimes referred to as facility animals) are expertly trained canines which may be used to assist individuals with psychological, emotional, or physical difficulties in a myriad of courtroom situations. While these animals are increasingly used to assist young witness to court, the jury is still out on whether or not they are prejudicial to the defendant. No known research exists in this area, although research is necessary to determine the possibly prejudicial nature of these animals. Using a mock trial paradigm involving a child sexual abuse case, the current study employed a 2 (Witness type: victim vs. bystander) …

Contributors
Burd, Kayla, Mcquiston, Dawn E, Salerno, Jessica M, et al.
Created Date
2013

The legal system relies heavily on the contribution of forensic psychologists. These psychologists give opinions on a defendant’s ability to stand trial, their legal sanity at the time of the crime, their future dangerousness, and their competency to be executed. However, we know little about what extrinsic factors bias these experts. I assessed the influence of gruesome photographs on forensic psychologists’ evaluations of competency and legal sanity. Previous research has demonstrated that these photographs influence lay judgments of guilt. I predicted that gruesome color photographs (versus the same photographs in black-and-white or a textual description of the photographs) would influence …

Contributors
Phalen, Hannah, Salerno, Jessica M, Saks, Michael J, et al.
Created Date
2018

A substantial amount of research has been dedicated to understanding how and why innocent people confess to crimes that they did not commit. Unfortunately, false confessions occur even with the best possible interrogation practices. This study aimed to examine how different types of false confession (voluntary, compliance, and internalization) and the use of jury instructions specific to confessions influences jurors’ verdicts. A sample of 414 participants read a criminal trial case summary that presented one of four reasons why the defendant falsely confessed followed by either the standard jury instruction for confessions or a clarified version. Afterwards, participants completed several …

Contributors
Pollack, Andrew Christian, Schweitzer, Nicholas, Salerno, Jessica, et al.
Created Date
2017

In The Archive and the Repertoire, Diana Taylor discusses how performance, gestures, resistances within a community holds an embodied memory and enacts the transmission of knowledge within that community. Taylor discusses how this embodied memory is alternative to the written archive of history, history of interaction, history of meaning, history of language. Through the consideration of performance, Taylor urges her reader to reconsider oral and performative transmission of culture, knowledge, customs, traditions, and resistance. This project considers whether this reconsideration can be extended or expanded to oral and performative transmission of law within a community. Specifically, this research explores the …

Contributors
Natividad, Nicholas Daniel, Lauderdale, Pat, Quan, Helen T., et al.
Created Date
2012

Immigration courts fail to live up to courtroom ideals. Around 2009, proposals were offered to address the problems of these troubled courts. My study illustrates the inevitable linkage between court reform proposals and conceptions of fairness and efficiency, and ultimately justice. I ask: (1) From the perspective of attorneys defending immigrants' rights, what are the obstacles to justice? How should they be addressed? And (2) How do proposals speak to these attorneys' concerns and proposed resolutions? The proposals reviewed generally favor restructuring the court. On the other hand, immigration (cause) lawyers remain unconvinced that current proposals to reform the courts' …

Contributors
Abbott, Katherine Rea, Provine, Doris M., Cruz, Evelyn H., et al.
Created Date
2013

A critical discourse analysis (CDA) was employed to examine judicial opinions in the United States and Russia on the free speech provisions in their respective constitutions. As a research perspective, CDA is designed to directly speak to social change, focusing on power, history, ideology, and language’s role as a social phenomenon in expressing values of individuals and social groups (Wodak & Meyer, 2001). Fairclough’s (2001) methodological approach to CDA was selected for its consistency and structure in examining societal issues in CDA; namely, a five-stage approach that includes: (1) focusing on a social problem that possesses a semiotic aspect; (2) …

Contributors
Weaver, Amanda, Sipka, Danko, Adams, Karen, et al.
Created Date
2019

The sacred San Francisco Peaks in northern Arizona have been at the center of a series of land development controversies since the 1800s. Most recently, a controversy arose over a proposal by the ski area on the Peaks to use 100% reclaimed water to make artificial snow. The current state of the San Francisco Peaks controversy would benefit from a decision-making process that holds sustainability policy at its core. The first step towards a new sustainability-focused deliberative process regarding a complex issue like the San Francisco Peaks controversy requires understanding the issue's origins and the perspectives of the people involved …

Contributors
Mahoney, Maren Michelle, Hirt, Paul W., Tsosie, Rebecca, et al.
Created Date
2011

Indian water rights and Indian water settlements have emerged as a means for resolving long-standing despites and water rights claims. Working with and understanding water rights demands a genuine knowledge of water issues that are specific to each indigenous community as there are cultural aspects and perspectives towards water that are involved. The Gila River Indian Community is an indigenous community in south central Arizona, whose cultural and historic origins span over two millennia. Their foundation as a people was tied to the presence of the Gila and Salt Rivers, from which they freely diverted its waters through hundreds of …

Contributors
Navajo, Isaac A., Simmons, William, Vaughan, Suzanne, et al.
Created Date
2012

In their criticism of various approaches to upbringing and related American family law jurisprudence, liberal theorists tend to underweight the interests of parents in directing the development of children’s values. Considered through the lens of T.M. Scanlon’s contractualism, providing a good upbringing is not a matter of identifying children’s “best interests” or acting in accordance with overriding end-state principles. Rather, children should be raised in accordance with principles for the general regulation of behavior that no one could reasonably reject as a basis for informed, unforced general agreement. The process of ascertaining such principles requires an understanding of relevant values; …

Contributors
Pike, Kenneth, de Marneffe, Peter, Calhoun, Cheshire, et al.
Created Date
2019