Matching Items (12)
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- All Subjects: Law
- Creators: School of Social Transformation
- Creators: Department of English
- Resource Type: Text
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
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
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
Description
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
Description
Expectation for college attendance in the United States continues to rise as more jobs require degrees. This study aims to determine how parental expectations affect high school students in their decision to attend college. By examining parental expectations that were placed on current college students prior to and during the application period, we can determine the positive and negative outcomes of these expectations as well as the atmosphere they are creating. To test the hypothesis, an online survey was distributed to current ASU and Barrett, Honors College students regarding their experience with college applications and their parents' influence on their collegiate attendance. A qualitative analysis of the data was conducted in tandem with an analysis of several case studies to determine the results. These data show that parental expectations are having a significant impact on the enrollment of high school students in college programs. With parents placing these expectations on their children, collegiate enrollment will continue to increase. Further studies will be necessary to determine the specific influences these expectations are placing on students.
ContributorsJohnson, Benjamin Howard (Co-author) / Scheller, Sara (Co-author) / Kappes, Janelle (Thesis director) / Fairbanks, Elizabeth (Committee member) / Department of Psychology (Contributor) / School of Social Transformation (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
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
Description
This study analyzed currently existing statute at the state, federal, and international level to ultimately build a criteria of recommendations for policymakers to consider when building regulations for facial recognition technology usage by law enforcement agencies within the United States.
ContributorsHong, Susan Suggi (Author) / Royal, K (Thesis director) / Marchant, Gary (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Politics and Global Studies (Contributor, Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
This thesis examines the history of abortion law in Italy and the current status of abortion access, finding that ambiguities in legal wording significantly contribute to the current inaccessibility of abortion throughout the country. Lack of clarity regarding conscientious objection has lead to widespread rates of objection across Italy, limiting women's ability to find providers willing to perform the service. In addition, because the law does not expressly state what procedures are included under conscientious objection, women may be denied pre- or post-abortion care and face difficulties finding treatment for miscarriages. Finally, I explore potential avenues to ameliorate the current status of abortion access in Italy.
ContributorsJohnson, Olivia (Author) / Maienschein, Jane (Thesis director) / Ziganshina, Dina (Committee member) / Barrett, The Honors College (Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor) / Department of English (Contributor) / School of International Letters and Cultures (Contributor)
Created2023-05
Description
This paper looks at case studies, legal journals, and legal commentaries to examine the history of plea bargains and determine how such a practice slowly crept its way into the American judicial system. Next, I discern both the two specific benefits and three disadvantages of utilizing plea bargains in a system that was traditionally renowned for its unique form of adversarial / trial based justice. By analyzing case studies and legal texts, I find that the administrative advantages and cost benefits used to rationalize continued usage of plea deals does not outweigh its extremely negative effects on significant aspects of law and the American legal system. These significant negative effects as a product of the plea bargain are a definitive hindrance to justice and further characterize the system as no longer fair and certainly not equitable. Consequently, I assert that in order to maintain the ethics of the system, plea bargains should be removed. I also generally outline the Philadelphia Bench Trial as a prospective and viable alternative to plea bargains that could act as an intriguing substitute. The Philadelphia Bench Trial represents a highly viable alternative to the plea bargain and consequently preserves many of the advantages plea bargains offer the system without sacrificing the adversarial element necessary to receive correct and accurate verdicts.
ContributorsRimsza, Alex Gill (Author) / Stanford, Michael (Thesis director) / Forst, Brad (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of English (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
In this thesis, we analyze the case, Swain, et al. v. Bixby Village, et al., the Ahwatukee Lakes Golf Course case, and the legal findings surrounding it. First, this thesis examines the history of the case and its ongoing litigation. Next, the background information on select definitions and other related cases is examined. Finally, this thesis analyzes three main points addressed in the Appellate Court’s Opinion on the case and presents potential next steps and recommendations for an equitable solution on both sides of this and future cases concerning land restricted to golf course use.
ContributorsEngler, Joelle Samantha (Co-author) / Asher, Rebecca (Co-author) / Gammage, Grady (Thesis director) / Stapp, Mark (Committee member) / Cassidy, Delilah (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Accountancy (Contributor) / Department of Economics (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05