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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


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