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CRIMINAL LIABILITY FOR OMISSIONS: A RETRIBUTIVE APPROACH TO PUNISHING BAD SAMARITANS

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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

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.

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2013-05

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The Irish Ballad: Irish National Identity in the Late Nineteenth and Early Twentieth Centuries

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This thesis investigates Irish ballads from the 19th and 20th centuries. It examines Catholicism, Anti British sentiment, their native home, and the Irish character as a part of the Irish identity being formed during the Irish revival.

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Date Created
2014-05

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Military Law and Mercy Killing in Iraq: The Case of Captain Roger Maynulet

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This thesis discusses the court-martial of Army Captain Rogelio "Roger" Maynulet and the public reaction to the trial. Maynulet's court-martial took place in 2005 for the mercy killing of an Iraqi during his deployment in 2004. While in pursuit of

This thesis discusses the court-martial of Army Captain Rogelio "Roger" Maynulet and the public reaction to the trial. Maynulet's court-martial took place in 2005 for the mercy killing of an Iraqi during his deployment in 2004. While in pursuit of Muqtada al-Sadr, who was considered a high value target, Maynulet killed the driver of the car which intelligence said al-Sadr was a passenger. Maynulet was convicted of voluntary manslaughter and dismissed from the military. The goal of this research is to show Maynulet was rightly convicted and delve into how public reaction reveals varied and divisive opinions toward mercy killing and military behavior.

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2014-05

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Improving Protection Orders in Arizona: A Case Study of the Maricopa County Court System

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

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.

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2013-05

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Usury, Monarchy, and Expulsion: The Rise and Fall of Jews in Medieval England

Description

The Norman invasion and conquest of England in 1066, led by Duke William "the Conqueror," is well-known in British history; less well-known is the fact that the conquest caused a group of Norman Jews to immigrate to England. These immigrants

The Norman invasion and conquest of England in 1066, led by Duke William "the Conqueror," is well-known in British history; less well-known is the fact that the conquest caused a group of Norman Jews to immigrate to England. These immigrants were the first significant population of Jews to ever reside in England, and by about 1100, distinct communities of Jews had established themselves in several cities throughout the country. However, Jewish life in England came to an abrupt end less than two-hundred and thirty years after its beginning when King Edward I expelled the entire Jewish population from England in 1290. The edict of expulsion was approved by the English parliament on June 18, 1290, and there are no surviving records of what happened in that meeting or why Edward decided to banish the Jews. Accordingly, there are a host of questions that need answering if one is to propose a explanation. For example, what could compel Edward I, who struggled financially and was deeply in debt for the duration of his reign, to expel the people who had been the crown's greatest asset for two centuries? Why did the king break the charter which specifically placed the Jews under the monarchy's protection? Why was the aristocracy so intent on getting rid of the Jews who, on several occasions, kept the baronies financially afloat through generous loans? My goal in writing this thesis is threefold: first, to provide a concise but clear account of this extraordinarily specific section of history; second, to present the information in such a way that those who read it might be convinced that the Expulsion was, in fact, primarily motivated by financial factors; and third, to identify several structural and institutional factors which were critical to the Jews' experiences in medieval England.

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Date Created
2016-12

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Human Nature, Improvement, and Destiny: A Comparison of Protestant Pietism and Transhumanism

Description

Transhumanist concepts and themes increasingly occupy a prominent place in contemporary visions of the future, particularly with regard to technology. A growing number of scholars, including some self-described transhumanists, see transhumanism as functioning like a religion for secular people, in

Transhumanist concepts and themes increasingly occupy a prominent place in contemporary visions of the future, particularly with regard to technology. A growing number of scholars, including some self-described transhumanists, see transhumanism as functioning like a religion for secular people, in that it fulfills many of the same desires and impulses without reference to any supernatural forces. For this reason there is a growing discussion of transhumanism in comparison with major religious traditions, but one which has heretofore been underappreciated is Protestant pietism. Pietism grew out of a need among Protestants after the Reformation to realize a better Christian community and better prepare individual believers for the afterlife. It had a significant influence over the European Enlightenment, of which transhumanists claim to be the successors. In its understanding of human improvement, human nature, and ultimate human destiny in death and the end-point of history, pietism has multiple interesting points of comparison with transhumanism. Both ideologies begin by improving individual human beings as the primary means to the end of eliminating suffering, especially death and disease, and building the ideal human community. Transhumanism accomplishes its goals for humanity through the use of advanced technologies which enable human beings to transcend their natural limitations. Pietism focuses, as its name suggests, on moral and spiritual improvement according to practical guidelines that lead a Christian believer to take an active role in his or her own sanctification. This essay concludes that pietism reveals certain key limitations in transhumanism as a comprehensive life philosophy, especially in its ability to organize society according to its system of values.

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Date Created
2016-12

History in Action: Performing History as a Method of Teaching

Description

The purpose of this research was to create a theoretical lesson plan to teach the French Revolution, and specifically the March on Versailles, to secondary-level (middle and high school) students. This lesson plan incorporates a simulation of the March on

The purpose of this research was to create a theoretical lesson plan to teach the French Revolution, and specifically the March on Versailles, to secondary-level (middle and high school) students. This lesson plan incorporates a simulation of the March on Versailles for students to participate in as a supplement to their usual lesson, and as a different and engaging method of learning. For the purposes of this honors thesis, the research and information gathered was split into four individual sections: a pedagogy, a historiography, a series of short biographies, and a script which is accompanied by a short film of the dialogue. These four parts would work together in order for an instructor to easily build either a simple, short, one-class lesson or a multi-lesson project for their students. The parts combine research into educational studies and research on French Revolutionary history in order to encompass all aspects of a lesson. The goal of such research into a potential lesson plan would be to create a history lesson which is more interesting to all students, especially those who struggle to find enjoyment in history. Moving forward, this theoretical lesson would be put into practice with middle or high school students in order to gauge their interest and engagement with the subject before and after a simulation in their class.

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Date Created
2016-05

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A Translation of Adolf Bach's "Sprache und Nation"

Description

The decade of the 1930s was a tumultuous time for the world at large, but even more so in Germany. With the ascension to power of the National Socialist German Worker's Party (NSDAP) much of German academia was purged, and

The decade of the 1930s was a tumultuous time for the world at large, but even more so in Germany. With the ascension to power of the National Socialist German Worker's Party (NSDAP) much of German academia was purged, and the remainder was under significant strain to present ideas consistent with nationalist ideology. It was during this period, in 1938, that linguist professor Adolf Bach published his chapter "Sprache und Nation" as the conclusion to the book Geschichte der Deutschen Sprache. It is this chapter which the following thesis seeks to translate and analyze briefly, for the purpose of gaining further insight into the landscape of scholarly work in linguistics during the period. The chapter summarizes the content of the book, providing a brief history of the unification of the German language before launching into a discussion of the merits of the German language and race. Bach contends that the unique strength of the German language and people is deserving of protection from outside influence and at the close of his chapter calls for a struggle for the existence and purity of the people.

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2016-05

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A Ghost Set in Stone: The Memory of Nathan Bedford Forrest in Tennessee

Description

Since Dylan Roof, a white supremacist, shot and killed nine members of a black church in Charleston on June 17, 2015, Confederate symbols have stood at the center of much controversy across the United States. Although the Confederate battle flag

Since Dylan Roof, a white supremacist, shot and killed nine members of a black church in Charleston on June 17, 2015, Confederate symbols have stood at the center of much controversy across the United States. Although the Confederate battle flag remains the most obvious example, the debate took a particular form in Tennessee, centering on the image of General Nathan Bedford Forrest. Born in 1822 to a poor family, he left school early to work. Although his work in the slave trade made him a millionaire, his later participation in the massacre of over 300 black soldiers at Fort Pillow in 1864 during the Civil War and association with the Ku Klux Klan cemented his reputation as a violent racist. Yet, many white Tennesseans praised him as a hero and memorialized him. This thesis examines Nathan Bedford Forrest State Park in Benton County and Forrest Park, now Health Sciences Park, in Memphis to examine what characteristics denote a controversial memorial. Specifically, I focus on the physical form, the location, and the demographics of the area, investigating how these components work together to give rise to controversy or acceptance of the memorial's image. Physical representations greatly impact the ideas associated with the memorial while racial demographics affect whether or not Forrest's representation as a hero speaks true to modern interpretations and opinions.

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Date Created
2016-05

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Is the "Special Relationship" Still Special? The Politics and Role of Anglo-American Relations since 1980

Description

This research looks at the state of Anglo-American political relations since 1980. By examining the political partnerships between Ronald Reagan and Margaret Thatcher, Margaret Thatcher and George H.W. Bush, George W. Bush and Tony Blair, Barack Obama and Gordon Brown,

This research looks at the state of Anglo-American political relations since 1980. By examining the political partnerships between Ronald Reagan and Margaret Thatcher, Margaret Thatcher and George H.W. Bush, George W. Bush and Tony Blair, Barack Obama and Gordon Brown, and Barack Obama and David Cameron, it explores if the so called ‘special relationship’ remains so special today in a world of growing political animosity and challenges. The thesis argues that the success of the ‘special relationship’ between the United States and United Kingdom has not been just due to similar political ideologies or goals, but also personal friendships which often overcame national interests or immediate personal political gain. Furthermore, it is often the periods of disagreement between these sets of leaders that helped strengthen the relationship between America and Britain, evidenced by episodes like the Falklands War, policy towards the Soviet Union, the invasion of Grenada, and the wars in Iraq and Afghanistan. Ultimately, the thesis explores how current relations have deteriorated due to problems on both sides of the Atlantic under the Obama, Brown, and Cameron administrations, but the research concludes that the special relationship is, while damaged, alive and fixable.

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Date Created
2015-12