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- Creators: Arizona State University
- Creators: Sandra Day O'Connor College of Law
- Creators: Awawdeh, Bajis Tariq
- Resource Type: Text
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
In 1972, the United States Supreme Court found that the death penalty was being applied too arbitrarily in the United States and that this arbitrary application constituted cruel and unusual punishment under the eighth amendment (Furman V. Georgia, 1972). This lead to a moratorium on capital punishment until the case Gregg V. Georgia, which outlined guidelines for the states in applying the death penalty in order to ensure that its application was constitutional (Gregg V. Georgia, 1976). These guidelines included enumerated aggravating factors and a bifurcated capital trial (Gregg V. Georgia, 1976). Despite these findings from the Supreme Court, the application of the death penalty in Arizona has remained problematic. In practice, Arizona has adopted a death penalty statute that appears to conform to the standards set by Furman and Gregg. Arizona state law includes a list of aggravating factors to help guide juries in capital trials and these trials are bifurcated. However, Arizona's aggravating factors are both numerous and inclusive, to the point that it is challenging to commit a first-degree murder in Arizona that does not include an aggravating factor. The statute fails to limit the crimes that qualify for the death penalty so state budgetary concerns become the limiting factor. Arizona's application of the death penalty remains arbitrary, in consistent, and as a result, unconstitutional as defined by the United States Supreme Court.
ContributorsPerez-Vargas, Maricarmen Contreras (Author) / Cavender, Gray (Thesis director) / Corey, Susan (Committee member) / Barrett, The Honors College (Contributor) / School of International Letters and Cultures (Contributor) / School of Social Transformation (Contributor) / Sandra Day O'Connor College of Law (Contributor)
Created2015-05
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
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
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