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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

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
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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

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
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This paper discusses the levels of job satisfaction amongst practicing lawyers, with a distinction between government-employed lawyers (public) and those in the private sector. The purpose of this report is to provide insight into the joys and sorrows of practicing law and provide those who are curious about becoming a

This paper discusses the levels of job satisfaction amongst practicing lawyers, with a distinction between government-employed lawyers (public) and those in the private sector. The purpose of this report is to provide insight into the joys and sorrows of practicing law and provide those who are curious about becoming a lawyer with the tools to be the happiest lawyer that they can be throughout their career. The paper includes analysis of a primary research survey, comparisons with existing research, and a brief overview of happiness based research. It concludes with personal applications of the knowledge gained. Findings of the project conclude that publicly employed lawyers are, on average, slightly happier than lawyers in the private sector. On a scale from 1-7 public lawyers held an average happiness rating of 6.8, while private lawyers came in at a 6.06. Both factions were found to be satisfied in their work, which can dispel the myth that lawyers in general are unhappy with their job or field. Research into happiness shows that only 40% of an individual's overall happiness can be directly affected by their mindset and actins. The other 60% is comprised of genetic and circumstantial factors. Steps and advice to increase happiness derived from a profession or life are offered. The key to finding satisfaction in the workplace lies in aligning one's strengths with one's values. This paper concludes by imploring those who seek a job in the legal field to spend time understanding what their values are, and pursuing satisfaction in the workplace instead of prestige or pay.
ContributorsGattenio, Scott Robert (Author) / Koretz, Lora (Thesis director) / Dietrich, John (Committee member) / Department of Marketing (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2017-12
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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

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
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The project follows a recent issue between the U.S. and Mexico concerning the shared use of the transborder Santa Cruz River. The situation remains unresolved and the long-term sustainability of the river is unknown. The study is based on an analysis of scholarly research and interviews pulling from three fields:

The project follows a recent issue between the U.S. and Mexico concerning the shared use of the transborder Santa Cruz River. The situation remains unresolved and the long-term sustainability of the river is unknown. The study is based on an analysis of scholarly research and interviews pulling from three fields: Law, social science, and the environment. The project explores potential solutions from multiple levels of governance, and contextualizes the issue in terms of the people affected on both sides of the border.
ContributorsSimons, Amelie Christine (Author) / Haglund, LaDawn (Thesis director) / Lara-Valencia, Francisco (Committee member) / Sass, Sherry (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor)
Created2013-05
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The United States Supreme Court decided Ramos v. Louisiana in 2020, requiring all states to convict criminal defendants by a unanimous jury. However, this case only applied to petitioners on direct, and not collateral, appeal. In this thesis, I argue that the Ramos precedent should apply to people on collateral

The United States Supreme Court decided Ramos v. Louisiana in 2020, requiring all states to convict criminal defendants by a unanimous jury. However, this case only applied to petitioners on direct, and not collateral, appeal. In this thesis, I argue that the Ramos precedent should apply to people on collateral appeal as well, exploring the implications of such a decision and the criteria that should be used to make the decision in the case before the court, Edwards v. Vannoy (2021). Ultimately, I find that because the criteria currently used to determine retroactivity of new criminal precedents does not provide a clear answer to the question posed in Edwards, the Court should give more weight to the defendant's freedoms pursuant to the presumption of innocence while considering the potential for any disastrous outcomes.

ContributorsCaldwell, Rachel Lillian (Author) / Hoekstra, Valerie (Thesis director) / Bender, Paul (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Social Transformation (Contributor, Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
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Music streaming services have affected the music industry from both a financial and legal standpoint. Their current business model affects stakeholders such as artists, users, and investors. These services have been scrutinized recently for their imperfect royalty distribution model. Covid-19 has made these discussions even more relevant as touring income

Music streaming services have affected the music industry from both a financial and legal standpoint. Their current business model affects stakeholders such as artists, users, and investors. These services have been scrutinized recently for their imperfect royalty distribution model. Covid-19 has made these discussions even more relevant as touring income has come to a halt for musicians and the live entertainment industry. <br/>Under the current per-stream model, it is becoming exceedingly hard for artists to make a living off of streams. This forces artists to tour heavily as well as cut corners to create what is essentially “disposable art”. Rapidly releasing multiple projects a year has become the norm for many modern artists. This paper will examine the licensing framework, royalty payout issues, and propose a solution.

ContributorsKoudssi, Zakaria Corley (Author) / Sadusky, Brian (Thesis director) / Koretz, Lora (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Finance (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
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This paper explores the relationship between social and cultural capital and the experience of Asian Americans in law school and after graduating from law school. Bourdieu’s (1986) conceptualizations of institutional cultural capital, embodied cultural capital, and social capital guide this analysis. Two electronic surveys resulted in participation by fourteen Asian

This paper explores the relationship between social and cultural capital and the experience of Asian Americans in law school and after graduating from law school. Bourdieu’s (1986) conceptualizations of institutional cultural capital, embodied cultural capital, and social capital guide this analysis. Two electronic surveys resulted in participation by fourteen Asian American law students and nine Asian American law school graduates from American Bar Association-accredited law schools in the United States. The research design is qualitative, and a partial grounded theory approach based upon Charmaz’s (2006) work was utilized. Thematic coding, line-by-line coding, and focused coding were also used to analyze survey responses. Results demonstrate that there is a relationship between social and cultural capital and the experience of Asian Americans in law school and post-law school graduation. Institutional cultural capital, in the form of J.D. degrees, seems to influence the development of embodied cultural capital and social capital, particularly when considering membership in groups and forming personal and professional connections. When considering embodied cultural capital, family members appear to influence important personal characteristics that participants carry into law school and the workplace. These results may have implications for the larger trend of Asian Americans leaving large law firms; in addition, perceptions of embodied cultural capital may influence barriers to career advancement. Suggested areas for future research include the role of mentorship in Asian American career development, patterns within specific Asian American ethnic/cultural groups in the legal field, and the intersection of gender and Asian American identities in legal practice.
ContributorsSu, Yuhong (Author) / Nakagawa, Kathryn (Thesis director) / Broberg, Gregory (Committee member) / School of Social Transformation (Contributor, Contributor, Contributor) / Economics Program in CLAS (Contributor) / Dean, W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2019-12
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After the landmark case, Gideon v Wainwright was heard by the United States Supreme Court in 1963, the 6th Amendment granted counsel to indigent defendants. However, since 1963 the United States population has skyrocketed and so have arrest rates leaving many public defenders underpaid and overworked. Knowing these facts Can

After the landmark case, Gideon v Wainwright was heard by the United States Supreme Court in 1963, the 6th Amendment granted counsel to indigent defendants. However, since 1963 the United States population has skyrocketed and so have arrest rates leaving many public defenders underpaid and overworked. Knowing these facts Can Justice be Bought uses interviews, real-life stories, and research to determine if the 6th Amendment is upheld in the way the system is currently working, and are indigent defendants given a fair chance at trial. After an overview of public defense in the United States as a whole, it becomes clear that in many states the way the system is operating gives them less than a fair chance at justice. This, however, is not from a lack of effort from public defenders, they are simply just so overworked by exorbitant caseloads that they cannot possibly give each of their cases the time it deserves. However, not all indigent defense systems were created equal, states like Maryland have a number of resources for their public defenders that set them up for success. In order to close the gap between private counsel and public defense in the United States, public defenders’ offices should begin to allocate more funding in order to lighten their defenders’ caseloads as well as to provide them with resources such as expert witnesses and social workers. Funding is not found overnight, so in the meantime, the implementation of “participatory defense” can also help close the gap. The advantage of wealth is not found only in the courtroom but through nearly every part of the criminal justice system. From bail to parole, wealthier defendants typically see higher rates of success and lower rates of recidivism due to their ability to pay for these programs.
ContributorsAyd, Olivia (Author) / Koretz, Lora (Thesis director) / Moore, James (Committee member) / Dean, W.P. Carey School of Business (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
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It is interesting to reflect that the American legal system has not seriously applied any significant technological advances in many decades. It is fascinating that the same processes used to draft a will or estate plan are virtually the same as they were in the 1960’s. This seems to be

It is interesting to reflect that the American legal system has not seriously applied any significant technological advances in many decades. It is fascinating that the same processes used to draft a will or estate plan are virtually the same as they were in the 1960’s. This seems to be a problem that should be concerning in this modern age. We would be hard pressed to observe doctors in the U.S. currently performing medical procedures as they would have in 1960 considering the technological advancements that have taken place in society since then. Many of the processes in the legal system are extremely static and even archaic. It seems to be an opportune time to revolutionize the whole system as advancements continue; but, this revolution must take into account both the positive and negative repercussions that are possible moving forward.
ContributorsWilladson, Conor Calista Carolena (Author) / Koretz, Lora (Thesis director) / Forst, Bradley (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Psychology (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05