Matching Items (20)
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- All Subjects: Law
- Creators: W. P. Carey School of Business
- Creators: School of Historical, Philosophical and Religious Studies
- Member of: Barrett, The Honors College Thesis/Creative Project Collection
Description
This thesis will focus on the organizational structures and leadership challenges within private law firms. It begins by explaining the different roles within the organizational structure. It will then discuss various other duties that are carried out by lawyers in addition to legal work. Through the use of qualitative methodology, including a review of scholarly literature and semi-formal interviews with private firm partners, this research mainly focuses on the challenges that exist in private law firms. The study concludes with possible solutions to address the discussed challenges in private law firms.
ContributorsKrikorian, Dikranouhi (Author) / Trujillo, Rhett (Thesis director) / Waldman, David (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / Department of Management (Contributor)
Created2015-05
Description
This focuses on recent changes in Arizona eminent domain law regarding the question of whether a use be "truly public." In light of the landmark decision in Bailey v City of Mesa--often lauded as a great victory for proponents of private property rights-- a few sources will be reviewed to provide an indication of the extent redevelopment in Arizona has been affected by the decision. While the result in Bailey, precluding the City from taking the subject property may have been the correct outcome, the test to which the case now subjects any similar case involving redevelopment has made it unnecessarily difficult for political subdivisions of the state to carry out legislated redevelopment goals. The Bailey case only served to convolute the question of "public use" in the context of economic development, rather than create a workable body of law. In addition to providing a historical context and analyzing the effect of new interpretations on redevelopment generally, this paper will critique the Bailey decision in order to resolve the conflict that the decision created: that of the redevelopment goals of the state and municipalities and the authorized use of condemnation to achieve these goals with the judiciary's decision to greatly restrict the use of condemnation for the achievement of redevelopment goals. Arguably this conflict arose from a failure to fully understand the complexities of the use of the power of eminent domain for redevelopment purposes. Unaware of the need to use eminent domain in order to speed along and make possible economic redevelopment, overzealous proponents of property rights have reduced the issue to a narrow view of the state vs. the individual. Hopefully this paper can offer a more moderate and unbiased view of the use of eminent domain in light of the charge of the state and municipalities to facilitate economic growth.
ContributorsStern-Sapad, Zalman Badi (Author) / Birnbaum, Gary (Thesis director) / Braselton, James (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor)
Created2015-05
Description
Modern Americans ignorantly live under a blanket of unread terms, conditions, and binding contracts. Often, these contracts (mostly associated with products and services) come and go with little effect. Periodically, the products or services cause the consumer harm, leading them to seek repair. The consumer then realizes that all the fine print they failed to read makes an impactful legal difference. This paper analyzes the work of Professor Radin through her book, Boilerplate. It goes on to explore many other arguments presented by contract theorists and makes substantial claims regarding the dangers of boilerplate (unread terms and conditions).
ContributorsBecker, Alexander Daniel (Author) / Koretz, Lora (Thesis director) / Calleros, Charles (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / Department of English (Contributor)
Created2015-05
Description
Abstract I sought out a project that would be able to intertwine the topics of business law and the business of sports. After reading and researching a few different options, one combination of law and sports that stood out to me was the frequent labor disputes between NHL owners and the players' union. The main goal of this project was to examine whether or not the lockouts that were instituted by National Hockey League owners during the labor disputes that occurred in 2004 and 2012 actually left the league with a better long term financial and social landscape. Through the examination of the stakeholders that were involved in each dispute and their resulting situations, I presented my answer to the above question. In order to properly study the overall situation, I also discussed the history of sports business, the history of the National Hockey League's business landscape, and collective bargaining in sports amongst other topics.
ContributorsNix, Eric Anthony (Author) / Eaton, John (Thesis director) / Kutz, Elana (Committee member) / Barrett, The Honors College (Contributor) / Department of Marketing (Contributor) / W. P. Carey School of Business (Contributor)
Created2015-05
Description
It is imperative for the West that the War on Terror not be won, yet it is also certain that the War on Terror will be won, a victory for the West which simultaneously signifies its defeat. This state of affairs is not paradoxical, but catastrophic, and as is argued in the course of this essay, the War on Terror is the logical and necessary terminus of the Western project and its attendant metaphysic. Beginning with Marx's analysis of the commodity in Das Kapital, it has become increasingly clear that the West (and for that matter, the rest of the world) is succumbing to a regime of simulation, in which reality is liquidated in favor of increased inertia of circulating signs. Using Jean Baudrillard's infamous critiques of the postmodern society as a guide, the following essay examines the emerging forms of terrorism and their relation to Western social structures, ultimately concluding that the West is on the brink of an abyss which is marked by the advent of the anonymous act of terrorism.
ContributorsOberhaus, Daniel Martin (Author) / Ingram-Waters, Mary (Thesis director) / King, Kristy (Committee member) / Barrett, The Honors College (Contributor) / Department of English (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2015-05
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
Abstract
The Shining Path, or Sendero Luminoso, is peculiar among Latin American revolutions for a multitude of reasons, ranging from the intensity of its violent tactics to the group’s muddled Maoist ideology. Analyses of the group tend to label it a mystery or an enigma. The purpose of this thesis is to offer the charismatic nature of the authority wielded by Abimael Guzmán, the energetic leader of the group also known as Presidente Gonzalo, as an explanation for some of the Shining Path’s idiosyncrasies, particularly their relentlessly bloodthirsty rise and sharp decline. Although much of the previous literature on the Shining Path uses the word “charismatic” to describe Guzmán, very little work has analyzed the particular implications of the successful creation of a charismatic leader-follower dynamic as a key part of senderismo. Using the framework established by German sociologist Max Weber, this paper analyzes a number of major characteristics of charismatic leaders and applies them to Guzmán. Not only did he exhibit many of the typical features of a charismatic leader, but it may have been is successful development of this particular style of authority which led to both the bloodthirstiness of Sendero’s military arm and the group’s struggle to find an identity after Guzmán’s capture. The Shining Path followed the power arc expected of a charismatic leader-follower relationship, allowing Guzmán to exploit the peasant population to create chaos and fear in the Andes in his effort to bring about a “popular revolution.” The purpose of this paper is not to discredit other theories regarding Sendero, as it was largely a sui generis movement, but to argue several of its particular qualities can be attributed to the charismatic nature of Presidente Gonzalo’s authority.
The Shining Path, or Sendero Luminoso, is peculiar among Latin American revolutions for a multitude of reasons, ranging from the intensity of its violent tactics to the group’s muddled Maoist ideology. Analyses of the group tend to label it a mystery or an enigma. The purpose of this thesis is to offer the charismatic nature of the authority wielded by Abimael Guzmán, the energetic leader of the group also known as Presidente Gonzalo, as an explanation for some of the Shining Path’s idiosyncrasies, particularly their relentlessly bloodthirsty rise and sharp decline. Although much of the previous literature on the Shining Path uses the word “charismatic” to describe Guzmán, very little work has analyzed the particular implications of the successful creation of a charismatic leader-follower dynamic as a key part of senderismo. Using the framework established by German sociologist Max Weber, this paper analyzes a number of major characteristics of charismatic leaders and applies them to Guzmán. Not only did he exhibit many of the typical features of a charismatic leader, but it may have been is successful development of this particular style of authority which led to both the bloodthirstiness of Sendero’s military arm and the group’s struggle to find an identity after Guzmán’s capture. The Shining Path followed the power arc expected of a charismatic leader-follower relationship, allowing Guzmán to exploit the peasant population to create chaos and fear in the Andes in his effort to bring about a “popular revolution.” The purpose of this paper is not to discredit other theories regarding Sendero, as it was largely a sui generis movement, but to argue several of its particular qualities can be attributed to the charismatic nature of Presidente Gonzalo’s authority.
ContributorsEnglese, Daniel James (Author) / Hinojosa, Magda (Thesis director) / Humphrey, Ted (Committee member) / Wood, Reed (Committee member) / Barrett, The Honors College (Contributor) / School of International Letters and Cultures (Contributor) / School of Politics and Global Studies (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-05
Description
The demographics of Arizona are changing as Hispanics children are passing through their youth and into adulthood. Yet, even with this changing population Arizona has demonstrated an unwillingness to provide adequate educational opportunities for Hispanic school children. The state has perpetuated fear throughout the Hispanic community in an attempt to marginalize and stigmatize the race. Such attempts have extended to youth in schools creating an environment of fear. This fear limits the academic potential of young Hispanics who are wary of government officials and institutions. Arizona has also failed to provide appropriate funding for programs used predominantly by Hispanic students leaving them unprepared for a workplace that desperately needs them. Finally, Arizona has refused to allow course content with a record of increasing academic achievement and graduation rates amongst Hispanics to be taught in schools. Taken as a whole Arizona's efforts are creating a cadre of unskilled and unprepared laborers who will be desperately needed to take jobs in the Arizona economy in the coming years. This blatant disregard for the educational needs of a large segment of the population will have a devastating impact on Arizona's future.
ContributorsSmith, Jason Ryan (Author) / Davis, T. J. (Thesis director) / Ovando, Carlos (Committee member) / Tsosie, Rebecca (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-12
Description
Contributing to the small but growing body of research on linguistic discrimination in legal settings, this thesis conducts a sociolinguistic investigation of the impact of an individual's accent on juror perceptions of defendant favorability and innocence. The study used an online questionnaire in which sixty mock jurors were each asked to evaluate the audio testimony of a defendant representing one of three English ethnolects: African American, British South African, or Caucasian American. In addition to rating the defendant's persuasiveness, honesty, credibility, trustworthiness, and guilt, participants were also asked to determine an appropriate punishment (if any) for the defendant. Results indicate a preference of participants to issue an unsure or caveat opinion for the African American speaker but not to the British South African or Caucasian American speaker. The implications of these findings, as well as the correlations between each variable are discussed. The paper concludes with a recommendation for legal training and a revision of courtroom practices.
ContributorsMaerowitz, Max Robert (Author) / Prior, Matthew (Thesis director) / Adams, Karen (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / Department of English (Contributor)
Created2014-05
Description
The aim of this thesis is to explore the relationship between architecture and history in Virginia from 1607 to the eve of the American Revolution to create a complete historical narrative. The interdependency of history and architecture creates culturally important pieces and projects the colonist's need to connect to the past as well as their innovations in their own cultural exploration. The thesis examines the living conditions of the colonists that formed Jamestown, and describes the architectural achievements and the historical events that were taking place at the time. After Jamestown, the paper moves on to the innovations of early Virginian architecture from Colonial architecture to Georgian architecture found in Williamsburg. Conclusively, the thesis presents a historical narrative on how architecture displays a collection of ideals from the Virginian colonists at the time. The external display of architecture parallels the events as well as the economic conditions of Virginia, creating a social dialogue between the gentry and the common class in the colony of Virginia.
ContributorsChang, Hosu (Author) / Gray, Susan (Thesis director) / O'Donnell, Catherine (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / School of Social Transformation (Contributor)
Created2015-05