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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.


Subject
Date Range
2011 2019


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

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

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

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

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

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

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

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

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

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

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

The state of exception in Rwanda did not spontaneously occur in Rwanda, it was initially developed by German and Belgian colonizers, adopted by two successive Hutu regimes, and nurtured and fed for 35 years of Rwandan independence until its final realization in the 1994 genocide. Political theory regarding the development of the "space devoid of law" and necropolitics provide a framework with which to analyze the long pattern of state action that created a milieu in which genocide was an acceptable choice of action for a sovereign at risk of losing power. The study of little-known political theories such as …

Contributors
Sinema, Kyrsten, Johnson, John, Quan, Helen, et al.
Created Date
2012

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

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

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

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

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

This dissertation explores the discursive construction of work and family identities in the Family and Medical Leave Act (FMLA) regulatory rulemaking process. It uses dramatism and public sphere theory along with the critical legal rhetoric perspective to analyze official FMLA legal texts as well as over 4,600 public comments submitted in response to the United States Department of Labor's 2008 notice of proposed rulemaking that ultimately amended the existing FMLA administrative regulations. The analysis in this dissertation concludes that when official and vernacular discourses intersect in a rulemaking process facilitated by the state, the facilitated public that emerges in that …

Contributors
Davis, Kirsten, Carlson, Adina, Brouwer, Daniel, et al.
Created Date
2012

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

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