Matching Items (18)
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- All Subjects: Law
- Creators: W. P. Carey School of Business
- Creators: Sandra Day O'Connor College of Law
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
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
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
Description
The Freedom of Information Act (1966), an amendment altering Section Three of the Administrative Procedure Act (1964), outlines the rules and regulations for United States citizens to obtain federal government records. The act, written with the guidance of journalists, was created for all members of the public, but with the intent that the press would be the primary users of the legislation. The authors of the act believed the press would utilize FOIA to enhance its ability to accomplish its duty of keeping the public informed. Now, 51 years after the act was passed into law, critics say FOIA has not satisfactorily allowed the press or the public in general to inform and be informed. Issues with demand rates, unorganized systems and subjective interpretations of the act have combined to lock information from public access through an act that was intended to be the key to it. The data from annual federal agency FOIA reports to the attorney general from 2008 to 2015 have indicated that, in multiple metrics, FOIA has increasingly struggled to fulfill and often has failed to provide records to requesting parties. These trends have inspired a discussion among journalists and right-to-information advocates about how to best resolve the issues that have contributed to them. Proposed solutions range from adjustments to requesters' approaches to the act, amendments to the act and even abandoning the act entirely in favor of constructing a new law.
ContributorsPrime, Tyler Scott (Author) / Russomanno, Joseph (Thesis director) / Douglas, Anderson (Committee member) / School of Community Resources and Development (Contributor) / Walter Cronkite School of Journalism and Mass Communication (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Information Systems (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
After having worked in the legal field for two years, I began to notice a pattern with clients. Several clients had an unrealistic view of the court system regarding trial proceedings. Oftentimes, I would come across clients that were perplexed by the idea of disclosing witnesses and exhibits to the opposing party before trial. They seemed to believe that evidence was only meant to be disclosed at the time of trial, so as to surprise the opposing side. This is just one of the many distorted ideas that several people have come to me with. I can see that clients feel upset and overwhelmed by how the reality of court differs from the court that they had been imagining. These patterns in client questions and realizations began my thinking of how to better raise awareness to Americans regarding realistic dealings in the courtroom. My desire to find a means to help people unfamiliar with the legal system better understand the rules of the court, paired with my love for card games, led me to create Judge and Jury, a card game about the legal system. Judge and Jury is a game that is meant to simplify concepts of the legal system through playing cards. Each rule in the game corresponds with real-life court rules and is meant to allow people to play out "court trials' through each round of the game. The correlations between the game rules and real-life court rules are subtle to keep players engaged and entertained. The subtleness allows players to grasp legal concepts without feeling overwhelmed. Game Website: https://judgeandjurygame.weebly.com/
ContributorsHomewood, Alexa (Author) / Eaton, John (Thesis director) / Wood, Robert (Committee member) / Department of Management and Entrepreneurship (Contributor) / W.P. Carey School of Business (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05