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A growing number of jobs in the US require a college degree or technical education, and the wage difference between jobs requiring a high school diploma and a college education has increased to over $17,000 per year. Enrollment levels in postsecondary education have been rising for at least the past decade, and this paper attempts to tease out how much of the increasing enrollment is due to changes in the demand by companies for workers. A Bartik Instrument, which is a measure of local area labor demand, for each county in the US was constructed from 2007 to 2014, and using multivariate linear regression the effect of changing labor demand on local postsecondary education enrollment rates was examined. A small positive effect was found, but the effect size in relation to the total change in enrollment levels was diminutive. From the start to the end of the recession (2007 to 2010), Bartik Instrument calculated unemployment increased from 5.3% nationally to 8.2%. This level of labor demand contraction would lead to a 0.42% increase in enrollment between 2008 and 2011. The true enrollment increase over this period was 7.6%, so the model calculated 5.5% of the enrollment increase was based on the changes in labor demand.
ContributorsHerder, Daniel Steven (Author) / Dillon, Eleanor (Thesis director) / Schoellman, Todd (Committee member) / Economics Program in CLAS (Contributor) / Department of Psychology (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
Certain laws relating to self-defense were created known as "Stand Your Ground" laws. The public has interpreted these laws in ways that expand them beyond their original scope. To gain an understanding of self-defense laws, a look at the origins of self-defense is needed. Following the historical background, several cases will be examined that illustrate how the public has interpreted "Stand Your Ground" laws, and how these interpretations clash with elements of self-defense. Several philosophical principles including natural rights, the social contract, and some form of utilitarianism, will be discussed in relation to "Stand Your Ground" laws. A possible conclusion can be drawn that by misinterpreting "Stand Your Ground" laws, people compromise the philosophical ideals they hold, and infringe on other people's natural rights, break the social contract, and create societal unhappiness. Finally, some people are calling for reform of "Stand Your Ground" laws. These reforms focus on correcting public perception of "Stand Your Ground" laws.
ContributorsSmith, Geramya Joseph (Author) / Sigler, Mary (Thesis director) / Stanford, Michael (Committee member) / Kader, David (Committee member) / Barrett, The Honors College (Contributor) / Sandra Day O'Connor College of Law (Contributor) / W. P. Carey School of Business (Contributor)
Created2013-05
Description
The Freedom of Information Act (1966), an amendment altering Section Three of the Administrative Procedure Act (1964), outlines the rules and regulations for United States citizens to obtain federal government records. The act, written with the guidance of journalists, was created for all members of the public, but with the intent that the press would be the primary users of the legislation. The authors of the act believed the press would utilize FOIA to enhance its ability to accomplish its duty of keeping the public informed. Now, 51 years after the act was passed into law, critics say FOIA has not satisfactorily allowed the press or the public in general to inform and be informed. Issues with demand rates, unorganized systems and subjective interpretations of the act have combined to lock information from public access through an act that was intended to be the key to it. The data from annual federal agency FOIA reports to the attorney general from 2008 to 2015 have indicated that, in multiple metrics, FOIA has increasingly struggled to fulfill and often has failed to provide records to requesting parties. These trends have inspired a discussion among journalists and right-to-information advocates about how to best resolve the issues that have contributed to them. Proposed solutions range from adjustments to requesters' approaches to the act, amendments to the act and even abandoning the act entirely in favor of constructing a new law.
ContributorsPrime, Tyler Scott (Author) / Russomanno, Joseph (Thesis director) / Douglas, Anderson (Committee member) / School of Community Resources and Development (Contributor) / Walter Cronkite School of Journalism and Mass Communication (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Information Systems (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
My thesis offers original research is in its direct analysis of the IRS conflict of interest regulations and their applicability to STOs, its discussion of my experience setting up an STO, and my interviews of State Legislators as a primary source. The primary goals of my investigation are to 1. Determine the regulations and standards that exist to prevent conflicts of interest in the operation of Arizona STOs. 2. Examine instances of alleged conflicts of interest encountered by STO operators. 3. Discuss the ethical implications of STO operator actions in situations of conflicts of interest. And 4. Propose legislative solutions to remove any and all conflicts of interest. From my examination of financial records and from my interviews with other state legislators, I have concluded that Arizona Christina School Tuition Organization is violating IRS regulations by operating with an objective of conferring on its director a private benefit. The STO I helped form, ------------- STO will need to carefully document its expenses and contracts to justify its overhead margin or else risk running afoul of the same IRS regulations. Even if an STO like ------------- STO, is allowed by Arizona law to have an overhead margin of 10%, those expenses must be justified, particularly if they confer a private benefit to restricted persons. Ultimately, even if an STO deliberately flouts IRS regulations regarding private benefits realized by "disqualified" persons, it is highly unlikely that the STO will face IRS scrutiny. Therefore, there exist sufficient federal regulatory safeguards to prevent financial conflicts of interest among Arizona STO board members, but such regulations are not sufficiently enforced to prevent those conflicts of interest.
ContributorsGunther, Nicholas (Author) / Koretz, Lora (Thesis director) / Bonfiglio, Thomas (Committee member) / Sandra Day O'Connor College of Law (Contributor) / W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
Bad Samaritans are bystanders who omit from preventing some foreseeable harm when doing so could have been accomplished with little risk. Although failing to intervene to prevent a harm often renders Bad Samaritans morally culpable, under current common law in the United States they could not be held criminally liable for any harm that resulted to the victims of that harm. In this paper I argue for the criminalization of individuals who fall under this label; I argue for the adoption of Bad Samaritan laws. To accomplish this, I first argue for the conclusion that omissions can causally contribute to harm. From here I am able to reach three further conclusions relative to Bad Samaritan legislation. These three conclusions are that Bad Samaritan laws are justified, that the punishment for the violation of a Bad Samaritan law should be proportional to the degree culpability for the harm caused, and that if "commission by omission" statutes are justified, then so too are Bad Samaritan laws.
ContributorsCallahan, Ty William (Author) / Sigler, Mary (Thesis director) / Murphy, Jeffrie (Committee member) / Botham, Thad (Committee member) / Barrett, The Honors College (Contributor) / Chemical Engineering Program (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-05
Description
Protection orders are a common remedy for victims of domestic violence in Arizona, but problems of access and unnecessary complexity can prevent these orders from achieving their full potential impact. Through interviews with court officials and advocates, data collected from survivors of domestic violence and observation of court proceedings, this study takes a comprehensive look at how to make protection orders as effective and accessible as possible. This analysis concludes with a series of recommendations to improve the protection order process and guidelines for the information to be included in a comprehensive resource to help plaintiffs through the process.
ContributorsDavis, Lauren Elise (Author) / Durfee, Alesha (Thesis director) / Messing, Jill (Committee member) / Buel, Sarah (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-05
Description
For decades, firms and individuals have utilized written documents to aid in the negotiation of, and completion of, business transactions. One such document is known as a "letter of intent." A letter of intent is often in the form of a letter that serves to evidence preliminary discussions and aid in negotiations between parties. They are generally intended to be "non-binding," meaning neither party will be bound by terms or conditions set forth in the letter of intent unless formal documents are later prepared and executed by the parties. Letters of intent take myriad forms and names, such as "memorandum of understanding," "proposal letter," and "letter of interest." They have been used in many areas of business, including finance, real estate, and supply chain management. Parties often choose to use a letter of intent for varied benefits it may provide, memorializing preliminary discussions, establishing a timeline for negotiations, seeing whether there are any "deal breakers" among terms being proposed, confirming that a party is serious about a deal, or putting moral pressure on the other party to continue negotiations. However, letters of intent carry with them a significant level of risk, which raises the question of whether or not they should be used at all. Many of the risks associated with the use of a letter of intent stems from the potential for a court to find that a letter of intent constitutes a binding agreement, or creates a duty of the parties to continue negotiations in good faith. Parties to a letter of intent may later disagree as to whether they intended all of the terms, or a particular provision, to be legally binding and enforceable, resulting in legal action. Even if a court finds that a letter of intent does not constitute a binding contract, a party may be able to recover damages under a number of legal theories, such as breach of a duty to negotiate in good faith or promissory estoppel. The use of letters of intent is therefore risky, and ultimately, the risks may outweigh the benefits of utilizing letters of intent. This thesis studies the types, uses, benefits, and risks associated with the use of letters of intent, including an examination of statutes and cases that have been applied by courts in disputes surrounding their use. Ways to mitigate the risks of use are also examined including simple practices such as not signing a letter of intent and using a separate document for any terms which must be binding, such as a "no shop" clause. A proposed legislative solution is also discussed that would prevent letters of intent not explicitly intended to be binding and meeting statutory requirements from being enforced in court, thereby substantially reducing the risks associated with the use of letters of intent.
ContributorsGilman, Alexander James (Author) / Birnbaum, Gary (Thesis director) / Stein, Luke (Committee member) / Claus, Scot (Committee member) / Department of Finance (Contributor) / W. P. Carey School of Business (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Supply Chain Management (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
With a prison population that has grown to 1.4 million, an imprisonment rate of 419 per 100,000 U.S. residents, and a recidivism rate of 52.2% for males and 36.4% for females, the United States is facing a crisis. Currently, no sufficient measures have been taken by the United States to reduce recidivism. Attempts have been made, but they ultimately failed. Recently, however, there has been an increase in experimentation with the concept of teaching inmates basic computer skills to reduce recidivism. As labor becomes increasingly digitized, it becomes more difficult for inmates who spent a certain period away from technology to adapt and find employment. At the bare minimum, anybody entering the workforce must know how to use a computer and other technological appliances, even in the lowest-paid positions. By incorporating basic computer skills and coding educational programs within prisons, this issue can be addressed, since inmates would be better equipped to take on a more technologically advanced labor market.<br/>Additionally, thoroughly preparing inmates for employment is a necessity because it has been proven to reduce recidivism. Prisons typically have some work programs; however, these programs are typically outdated and prepare inmates for fields that may represent a difficult employment market moving forward. On the other hand, preparing inmates for tech-related fields of work is proving to be successful in the early stages of experimentation. A reason for this success is the growing demand. According to the U.S. Bureau of Labor Statistics, employment in computer and information technology occupations is projected to grow 11 percent between 2019 and 2029. This is noteworthy considering the national average for growth of all other jobs is only 4 percent. It also warrants the exploration of educating coders because software developers, in particular, have an expected growth rate of 22 percent between 2019 and 2029. <br/>Despite the security risks of giving inmates access to computers, the implementation of basic computer skills and coding in prisons should be explored further. Programs that give inmates access to a computing education already exist. The only issue with these programs is their scarcity. However, this is to no fault of their own, considering the complex nature and costs of running such a program. Accordingly, this leaves the opportunity for public universities to get involved. Public universities serve as perfect hosts because they are fully capable of leveraging the resources already available to them. Arizona State University, in particular, is a more than ideal candidate to spearhead such a program and serve as a model for other public universities to follow. Arizona State University (ASU) is already educating inmates in local Arizona prisons on subjects such as math and English through their PEP (Prison Education Programming) program.<br/>This thesis will focus on Arizona specifically and why this would benefit the state. It will also explain why Arizona State University is the perfect candidate to spearhead this kind of program. Additionally, it will also discuss why recidivism is detrimental and the reasons why formerly incarcerated individuals re-offend. Furthermore, it will also explore the current measures being taken in Arizona and their limitations. Finally, it will provide evidence for why programs like these tend to succeed and serve as a proposal to Arizona State University to create its own program using the provided framework in this thesis.
ContributorsAwawdeh, Bajis Tariq (Author) / Halavais, Alexander (Thesis director) / Funk, Kendall (Committee member) / School of Social and Behavioral Sciences (Contributor, Contributor) / School of Humanities, Arts, and Cultural Studies (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
This paper will discuss how USA Gymnastics (USAG), Michigan State University (MSU), and the United States Olympic Committee (MSU) failed to properly investigate and take corrective action of former physician and now convicted serial pedophile, Larry Nassar. This includes a description of the powerful individuals who worked with or oversaw Nassar, how they received complaints of his sexual assault, and an explanation of the institutional environment that fostered a culture of silence and obedience. To provide a comparative analysis, this paper will analyze other athletic organizations (such as USA Swimming and USA Diving) which are also overseen by the USOC in order to compare their previous cases and reactions to sexual assault. This will be followed by recommended corrective policies for athletic organizations if claims of sexual assault arise. These policies and procedures will aim to prevent sexual assault in the future, reduce any culture of silence and vulnerability within similar organizations, and hopefully be implemented throughout athletic organizations everywhere.
ContributorsUdowitch, Heather Lynne (Co-author) / Udowitch, Heather (Co-author) / Lynk, Myles (Thesis director) / Hooper, Dana (Committee member) / Garner-Smith, Deana (Committee member) / Sandra Day O'Connor College of Law (Contributor) / Department of Marketing (Contributor) / Barrett, The Honors College (Contributor)
Created2019-12
Description
This paper looks at case studies, legal journals, and legal commentaries to examine the history of plea bargains and determine how such a practice slowly crept its way into the American judicial system. Next, I discern both the two specific benefits and three disadvantages of utilizing plea bargains in a system that was traditionally renowned for its unique form of adversarial / trial based justice. By analyzing case studies and legal texts, I find that the administrative advantages and cost benefits used to rationalize continued usage of plea deals does not outweigh its extremely negative effects on significant aspects of law and the American legal system. These significant negative effects as a product of the plea bargain are a definitive hindrance to justice and further characterize the system as no longer fair and certainly not equitable. Consequently, I assert that in order to maintain the ethics of the system, plea bargains should be removed. I also generally outline the Philadelphia Bench Trial as a prospective and viable alternative to plea bargains that could act as an intriguing substitute. The Philadelphia Bench Trial represents a highly viable alternative to the plea bargain and consequently preserves many of the advantages plea bargains offer the system without sacrificing the adversarial element necessary to receive correct and accurate verdicts.
ContributorsRimsza, Alex Gill (Author) / Stanford, Michael (Thesis director) / Forst, Brad (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of English (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05