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- Creators: Arizona State University
- Creators: Fradella, Hank
Description
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' structure would be successful at addressing the pivotal issues of these courts: confounding laws and problematic personnel. They are particularly concerned about the legal needs and rights of immigrants and how reforms may affect their current and potential clients. With this in mind, they prefer incremental changes - such as extending pro bono programs - to the system. These findings suggest the importance of professional location in conceptualizing justice through law. They offer rich ground for theorizing about courts and politics, and justice in immigration adjudication.
ContributorsAbbott, Katherine R (Author) / Provine, Doris M. (Thesis advisor) / Cruz, Evelyn H. (Committee member) / Johnson, John M. (Committee member) / Zatz, Marjorie S. (Committee member) / Arizona State University (Publisher)
Created2013
Description
This thesis focuses on justice, human rights, and migration in Iraq. It explores the ideas of justice and human rights, and how they influence the migration of the Iraqi Assyrians and Chaldeans. Through the use of qualitative methodology, including a review of scholarly literature, personal experience, and semi-formal interviews with ten individuals, this research mainly focuses on the influence that justice and human rights had on migration during the U.S.-Iraq War, from 2003 until 2011. Justice, human rights, and migration before and after the War are examined. The study concludes that justice and human rights are factors that influence the migration of Iraq's Assyrian and Chaldean community throughout the U.S.-Iraq War; however justice and human rights are not the only factors.
ContributorsBiya, Diana (Author) / Romero, Mary (Thesis advisor) / Ali, Souad T. (Thesis advisor) / El Hamel, Chouki (Committee member) / Arizona State University (Publisher)
Created2014
Description
The coastal fishing community of Barrington, Southwest Nova Scotia (SWNS), has depended on the resilience of ocean ecosystems and resource-based economic activities for centuries. But while many coastal fisheries have developed unique ways to govern their resources, global environmental and economic change presents new challenges. In this study, I examine the multi-species fishery of Barrington. My objective was to understand what makes the fishery and its governance system robust to economic and ecological change, what makes fishing households vulnerable, and how household vulnerability and system level robustness interact. I addressed these these questions by focusing on action arenas, their contexts, interactions and outcomes. I used a combination of case comparisons, ethnography, surveys, quantitative and qualitative analysis to understand what influences action arenas in Barrington, Southwest Nova Scotia (SWNS). I found that robustness of the fishery at the system level depended on the strength of feedback between the operational level, where resource users interact with the resource, and the collective-choice level, where agents develop rules to influence fishing behavior. Weak feedback in Barrington has precipitated governance mismatches. At the household level, accounts from harvesters, buyers and experts suggested that decision-making arenas lacked procedural justice. Households preferred individual strategies to acquire access to and exploit fisheries resources. But the transferability of quota and licenses has created divisions between haves and have-nots. Those who have lost their traditional access to other species, such as cod, halibut, and haddock, have become highly dependent on lobster. Based on regressions and multi-criteria decision analysis, I found that new entrants in the lobster fishery needed to maintain high effort and catches to service their debts. But harvesters who did not enter the race for higher catches were most sensitive to low demand and low prices for lobster. This study demonstrates the importance of combining multiple methods and theoretical approaches to avoid tunnel vision in fisheries policy.
ContributorsBarnett, Allain J. D (Author) / Anderies, John M (Thesis advisor) / Abbott, Joshua K (Committee member) / Bolin, Bob (Committee member) / Eakin, Hallie (Committee member) / Arizona State University (Publisher)
Created2014
Description
Tewa Women United (TWU) is a Native women-founded, centered and run organization located in northern New Mexico, in the original boundaries of the Tewa homelands. TWU is the only independent Native women’s non-profit organization providing direct services, advocacy and prevention services in the Pojoaque-Española Valley area within Northern Santa Fe and Rio Arriba Counties. TWU believes in building beloved families and communities to end all forms of violence against women, girls and Mother Earth and have been working for the past 25 years toward fulfillment of this vision. This dissertation, including a journal article, book chapter, and policy red paper, looks at what happens when Pueblo/ Tewa women become active agents in resistance to the Colonial-White Supremacist Capitalist Scientist Patriarchy. In these distinct dissertation pieces, I examine how TWU has developed a theory of Opide (pronounced Oh-Peh-dee) and Research Methodology to design and implement culturally responsive programs and projects which support ending violence against Pueblo/ Tewa women, girls and Mother Earth. In this instance looking at a campaign and project that Tewa Women United has developed: The Protect Those Most Vulnerable Campaign under the Environmental Justice and Health Program and A’gin Healthy Sexuality and Body Sovereignty project under the Women’s Leadership and Economic Freedom Program. Opide means braiding and weaving together, it is a theory of practice to action.
ContributorsSanchez, Corrine Monica (Author) / Brayboy, Bryan (Thesis advisor) / Sumida-Huaman, Elizabeth (Thesis advisor) / Swadener, Elizabeth (Committee member) / Trujillo, Patricia (Committee member) / Arizona State University (Publisher)
Created2015
Description
Traumas are moments which disrupt a way of being, often involving death or injury and a period of recovery for its survivors. They can be personal, experienced by an individual, or collective, experienced by a group of individuals, such as a family. Others, like the bombing of Hiroshima, impact much larger communities, such as an entire town, an entire nation, or even the world. These national traumas often include large-scale death or injury and impact the lives of thousands. In addition to their immediate physical and material affects (mortalities, economic impact, creating a need for aid), these events shatter not only an individual's sense of well- being, but also larger notions of national identity, stability and security. In many cases, they also reveal the limits of prevailing concepts of national cohesiveness, citizenship and belonging while often simultaneously upholding or reconstructing newly problematic concepts of national cohesion. Traumas are documented and grappled with through various media, including literature, poetry, art, photography, and journalism. This dissertation, "Performing Nation, Performing Trauma: Theatre and Performance after September 11th, Hurricane Katrina and the Peruvian Dirty War" examines how theatre and performance are utilized to respond to, document, memorialize and represent national traumas resulting from such historical crises as the Peruvian Dirty Wars, Hurricane Katrina, and September 11th, as well as how they resist dominant narratives that construct national traumas as such. These traumas are relived and expressed through performance perhaps precisely because the members of a nation (consciously or subconsciously) recognize that nation is also performed. This dissertation focuses on both the content of and the reception of these performances and the particular implications that performances about national traumas hold for theatre critics/scholars, performance practitioners and audience members (those immediately connected and not so obviously connected to the event).
ContributorsNigh, Katherine Jean (Author) / Underiner, Tamara (Thesis advisor) / Woodson, Stephani (Committee member) / Whitaker, Matthew C. (Committee member) / Arizona State University (Publisher)
Created2011
Description
Does Precrime mesh with the ideals of U.S. Justice? The fictional predictive police force of Philip K. Dick's "Minority Report" may be the gold standard for crime prevention in science fiction, but could such system actually exist in harmony with U.S. standards of justice? By first exploring the philosophical foundations for punishment and blame in the United States, a characterization of the U.S.'s ideals for justice is established. Then, given the role that databases play in crime-fighting today, especially in establishing probable cause for lawful arrests, it is argued that databases with predictive power could in fact give rise to police force that resembles Precrime, with some complications. How the predictions are interpreted under the law in order to give them legal basis in establishing probable cause is explained, with several potential possibilities produced. These avenues for preemptive arrest approach the realm of Precrime, but lack Precrime's level of security. Other forms of preemptive detention that are currently in use are explored, mainly involuntary civil commitment, in order to find a potential form that a more extreme Precrime may take in the U.S. Finally, the limits of Precrime are explained, with some caveats and concluding comments on the potential for abuse and misuse of predictive policing.
ContributorsPolansky, Jackson Harold (Author) / Fradella, Hank (Thesis director) / Suk, Mina (Committee member) / School of Historical, Philosophical and Religious Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
By providing vignettes with manipulated scientific evidence, this research examined if including more or less scientific detail affected decision-making in regards to the death penalty. Participants were randomly assigned one of the two manipulations (less science and more science) after reading a short scenario introducing the mock capital trial and their role as jury members. Survey respondents were told that a jury had previously found the defendant guilty and they would now deliberate the appropriate punishment. Before being exposed to the manipulation, respondents answered questions pertaining to their prior belief in the death penalty, as well as their level of support of procedural justice and science. These questions provided a baseline to compare to their sentencing decision. Participants were then asked what sentence they would impose \u2014 life in prison or death \u2014 and how the fMRI evidence presented by an expert witness for the defense affected their decision. Both quantitative and qualitative measures were used to identify how the level of scientific detail affected their decision. Our intended predictor variable (level of scientific detail) did not affect juror decision-making. In fact, the qualitative results revealed a variety of interpretations of the scientific evidence used both in favor of death and in favor of life. When looking at what did predict juror decision-making, gender, prior belief in the death penalty, and political ideology all were significant predictors. As in previous literature, the fMRI evidence in our study had mixed results with regards to implementation of the death penalty. This held true in both of our manipulations, showing that despite the level of detail in evidence intended for mitigation, jurors with preconceived notions may still disregard the evidence, and some jurors may even view it is aggravating and thus increase the likelihood of a death sentence for a defendant with such brain abnormalities.
ContributorsBerry, Megan Cheyenne (Author) / Fradella, Hank (Thesis director) / Pardini, Dustin (Committee member) / Department of Psychology (Contributor) / School of Life Sciences (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
Scenario planning originally garnered attention within the corporate sector as a tool to manage energy transitions, but it has gained traction within the field of sustainability. It is a process for exploring potential futures and thinking critically about complex decisions that involve high degrees of uncertainty. It is also effective in shifting mental models, engaging diverse stakeholders, and enhancing organizational learning, making it ideal for the complex problems that sustainability seeks to address. The resulting insights from scenario planning are typically used in strategic planning, which further aligns it with sustainability’s commitments to action-oriented solutions.
As a highly participative process, its success hinges on inclusive and just engagement of participants. This dissertation employed a multimethod approach to address the question, “What impacts do social dynamics have on participation in scenario planning for sustainability?” First, I conducted an ethical exploration of participation, looking to the systemic societal factors that might function as barriers to authentic participation. Next, I conducted an ethnographic study of a scenario planning workshop to identify ways in which social influence and authority impact participation in the process. Finally, I piloted a psychology study that explored the impact of explicit acknowledgement of status differential and the use of pre-event brainstorming on participation in a small group task that parallels scenario planning interactions.
In doing so, this dissertation presents a conceptual framework from which to understand the role of participation in scenario planning for sustainability and coins the term “strawman participation,” drawing attention to the role and function of social influence in participatory processes. If “token participation” arises from participants not being granted decision-making power, strawman participation develops from social/structural barriers, then “authentic participation” allows for both decision-making power and social capacity for participation. Though my findings suggest that scenario planning utilizes methods to equalize participation and engage diverse participants, factors such as status differentials and gender dynamics impact authentic participation. Results of the pilot study point to the utility of status concealment and individual-level brainstorming to bolster participation. Ultimately, this work contributes to a more nuanced understanding of participation in service of more robust, pluralistic sustainability decision making.
As a highly participative process, its success hinges on inclusive and just engagement of participants. This dissertation employed a multimethod approach to address the question, “What impacts do social dynamics have on participation in scenario planning for sustainability?” First, I conducted an ethical exploration of participation, looking to the systemic societal factors that might function as barriers to authentic participation. Next, I conducted an ethnographic study of a scenario planning workshop to identify ways in which social influence and authority impact participation in the process. Finally, I piloted a psychology study that explored the impact of explicit acknowledgement of status differential and the use of pre-event brainstorming on participation in a small group task that parallels scenario planning interactions.
In doing so, this dissertation presents a conceptual framework from which to understand the role of participation in scenario planning for sustainability and coins the term “strawman participation,” drawing attention to the role and function of social influence in participatory processes. If “token participation” arises from participants not being granted decision-making power, strawman participation develops from social/structural barriers, then “authentic participation” allows for both decision-making power and social capacity for participation. Though my findings suggest that scenario planning utilizes methods to equalize participation and engage diverse participants, factors such as status differentials and gender dynamics impact authentic participation. Results of the pilot study point to the utility of status concealment and individual-level brainstorming to bolster participation. Ultimately, this work contributes to a more nuanced understanding of participation in service of more robust, pluralistic sustainability decision making.
ContributorsRodegher, Sandra Lina (Author) / Selin, Cynthia L (Thesis advisor) / Shiota, Michelle (Committee member) / McGregor, Joan (Committee member) / Arizona State University (Publisher)
Created2015
Description
Women who are incarcerated are viewed as having departed from the hegemonic standard of motherhood, and become questionable in their roles as mothers, and are often perceived as "bad" mothers. While the challenges of parenting behind bars has been widely researched, there is a paucity of research that centers the experiences and challenges of mothers post-incarceration or probation and a void in the literature that attempts to view this population outside of the confines of the good/bad mother dichotomy. This dissertation explores how mothers who are formerly incarcerated or convicted describe their experiences navigating and negotiating their roles not as good or bad mothers but as fierce mothers. The concept of fierce mother exists outside of the good/bad mother binary; it is based on themes that emerged from the stories women told during our conversations about the practice of mothering. The energy of hard-won survival is what they bring to their mother roles and for many it drives their activism around prison abolition issues. Their stories challenge the normative discourse on good/bad mothers, justice, rights, freedom and dignity.
ContributorsGámez, Grace (Author) / Swadener, Beth B (Thesis advisor) / Gomez, Alan E (Thesis advisor) / Gonzales, Patrisia (Committee member) / Arizona State University (Publisher)
Created2015
Description
The education and criminal justice systems have developed in relation to one another, intersected through specific events, policies, practices, and discourses that have ultimately shaped the experiences and lives of children of color. Racism, white supremacy, and oppression are foundational to the United States and evident in all systems, structures, and institutions. Exploring the various contexts in which the education and criminal justice systems have developed illuminates their coalescence in contemporary United States society and more specifically, in public schools. Public schools now operate under discipline regimes that criminalize the behavior of Black and Brown children through exclusionary practices and zero-tolerance policies, surveillance and security measures, and school police. Children of color must navigate complex and interlocking systems of power in schools and the broader society that serve to criminalize, control, and incapacitate youth, effectively cementing a relationship between schools and prisons. Describing these complex and interlocking systems of power that exclude children from schools and force them into the criminal justice system as the “school-to-prison pipeline” is increasingly insufficient. The “school-prison nexus” more accurately and completely embodies the relationship between education, incarceration, and the political economy. In the United States, where capitalism reigns, the school-prison nexus serves as an economic imperative to further fuel the political economy, neoliberal globalization, and the prison-industrial complex. In both the education and criminal justice systems, Black and Brown children are commodified and exploited through the school-prison nexus as a mechanism to expand free-market capitalism.
ContributorsNunez-Eddy, Emily Nicole (Author) / Broberg, Gregory (Thesis advisor) / Swadener, Beth Blue (Committee member) / Theisen-Homer, Victoria (Committee member) / Arizona State University (Publisher)
Created2020