Matching Items (11)
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- All Subjects: Law
- Creators: School of Social Transformation
- Creators: Marchant, Gary
- Resource Type: Text
Description
Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in the realms of law, politics, and science. Chapter One identifies the legal climate for changing one's sexual identity post-surgical reassignment. It pays particular attention to the ability of postsurgical transsexuals to marry in their acquired sex. Chapter Two considers the process for identifying the sex of athletes for the purposes of participation in sex-segregated athletic events, specifically the role of testing and standards for categorization. Chapter Three explores the process of identifying and assigning the sex of intersex children. Chapter Four examines the process of prenatal sex selection and its ethical implications. Chapter Four also offers an anticipatory governance framework to address these implications.
ContributorsParsi, John (Author) / Crittenden, Jack (Thesis advisor) / Guston, David H. (Committee member) / Marchant, Gary (Committee member) / Arizona State University (Publisher)
Created2013
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
To mitigate climate change, carbon needs to be removed from the atmosphere and stored for thousands of years. Currently, carbon removal and storage are voluntarily procured, and longevity of storage is inconsistently defined and regulated. Clauses can be added to procurement contracts to require long-term management and increase the durability of storage. Well-designed and properly enforced contracts can pave the way to future regulation for long-term carbon management.
ContributorsHagood, Emily (Author) / Lackner, Klaus (Thesis director) / Marchant, Gary (Committee member) / Barrett, The Honors College (Contributor) / Materials Science and Engineering Program (Contributor) / School of Mathematical and Statistical Sciences (Contributor) / School of Sustainability (Contributor)
Created2023-05
Description
The 1973 Supreme Court case Roe v. Wade was a significant event in the story of fetal personhood—the story of whether embryos and fetuses are legal persons. Roe legalized abortion care in the United States (US). However, the story of fetal personhood began long before the 1970s. People have been talking about embryos, fetuses, and their status in science, the law, and society for centuries. I studied the history of fetal personhood in the United States, tracing its origins from Ancient Rome and Medieval England to its first appearance in a US courtroom in 1884 and then to the Supreme Court’s decision in 1973.
But this isn’t a history of events—of names and dates and typical details. This is a history of words. In the twenty-first century, words used to discuss embryos and fetuses are split. Some people use humanizing language like “unborn children” and “human life.” Others use technical words like “embryos” and “fetuses.” I studied what words people used historically. I charted how words moved from science to the public to the law, and how they impacted court rulings on fetal personhood.
The use of certain words nudged courts to grant additional rights to embryos and fetuses. In the 1960s, writers began describing the science of development, using words like “unborn child” and humanizing descriptions to make embryos and fetuses seem like people already born. That helped build an idea of embryos and fetuses as having “life” before birth. When people began asking courts to legalize abortion care in the 1970s, attorneys on the opposite side argued that embryos and fetuses were “human life,” and that that “life” began at conception.
In those cases, “life” was biologically defined as when sperm fertilized egg, but it was on that biological definition “life” that judges improperly rested their legal rulings that embryos and fetuses were “potential human life” states had a duty to protect. It wasn’t legal personhood, but it was a legal status that let states pass laws restricting abortion care and punishing pregnant people for their behavior, trends that threaten people’s lives and autonomy in the twenty-first century.
But this isn’t a history of events—of names and dates and typical details. This is a history of words. In the twenty-first century, words used to discuss embryos and fetuses are split. Some people use humanizing language like “unborn children” and “human life.” Others use technical words like “embryos” and “fetuses.” I studied what words people used historically. I charted how words moved from science to the public to the law, and how they impacted court rulings on fetal personhood.
The use of certain words nudged courts to grant additional rights to embryos and fetuses. In the 1960s, writers began describing the science of development, using words like “unborn child” and humanizing descriptions to make embryos and fetuses seem like people already born. That helped build an idea of embryos and fetuses as having “life” before birth. When people began asking courts to legalize abortion care in the 1970s, attorneys on the opposite side argued that embryos and fetuses were “human life,” and that that “life” began at conception.
In those cases, “life” was biologically defined as when sperm fertilized egg, but it was on that biological definition “life” that judges improperly rested their legal rulings that embryos and fetuses were “potential human life” states had a duty to protect. It wasn’t legal personhood, but it was a legal status that let states pass laws restricting abortion care and punishing pregnant people for their behavior, trends that threaten people’s lives and autonomy in the twenty-first century.
ContributorsAbboud, Carolina (Author) / Maienschein, Jane (Thesis advisor) / Justice, George (Committee member) / Marchant, Gary (Committee member) / Pyne, Stephen (Committee member) / Arizona State University (Publisher)
Created2020
Description
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
Description
Realistically, everyone should either be in jail or in court for crimes that everybody
commits. Outside of the house, there are people speeding, jaywalking, littering, sharing
medication, and driving without seat belts. Inside the house, people are downloading
music/movies, drinking while underage, using (and abusing) social media while under the age of
18, and reading another person’s mail. With so much of a focus on serious crimes, or felonies,
people tend to forget about the everyday actions in America that are also illegal. For example, a
police officer may not do anything if several cars are going well over the speed limit on the
highway, because it is normalized. This paper explores two sides of this issue: the psychological
side and the legal side. The goal is to find out how culpable people really are for their actions
when they do not have the mental intent that the they are determined to have in court. All human
behavior will be divided into two sections (people with non-extreme mental disorders and people
who have total control over their behavior). First, I dive into the complexity of anxiety,
depression, and ADHD, and explain how these disorders will subtly change someone’s behavior.
Next, I examine how actions like speeding and jaywalking and explain how certain illegal
actions have become so normalized that people may not be very guilty, even when they are
knowingly committing these crimes. I use different misdemeanors as examples for each of these
types of behaviors to argue why people should be more culpable (aggravating factors) or less
culpable (mitigating factors) because of their respective predispositions. Finally, I discuss issues
of fixing the criminal justice system such as: how to make all punishments fair/accurate, how to
fix the public’s distrust towards the law, and how to stop these normalized illegal behaviors for
all people, regardless of mental health or intent.
commits. Outside of the house, there are people speeding, jaywalking, littering, sharing
medication, and driving without seat belts. Inside the house, people are downloading
music/movies, drinking while underage, using (and abusing) social media while under the age of
18, and reading another person’s mail. With so much of a focus on serious crimes, or felonies,
people tend to forget about the everyday actions in America that are also illegal. For example, a
police officer may not do anything if several cars are going well over the speed limit on the
highway, because it is normalized. This paper explores two sides of this issue: the psychological
side and the legal side. The goal is to find out how culpable people really are for their actions
when they do not have the mental intent that the they are determined to have in court. All human
behavior will be divided into two sections (people with non-extreme mental disorders and people
who have total control over their behavior). First, I dive into the complexity of anxiety,
depression, and ADHD, and explain how these disorders will subtly change someone’s behavior.
Next, I examine how actions like speeding and jaywalking and explain how certain illegal
actions have become so normalized that people may not be very guilty, even when they are
knowingly committing these crimes. I use different misdemeanors as examples for each of these
types of behaviors to argue why people should be more culpable (aggravating factors) or less
culpable (mitigating factors) because of their respective predispositions. Finally, I discuss issues
of fixing the criminal justice system such as: how to make all punishments fair/accurate, how to
fix the public’s distrust towards the law, and how to stop these normalized illegal behaviors for
all people, regardless of mental health or intent.
ContributorsHildebrand, David Abel (Author) / Rigoni, Adam (Thesis director) / Cavanaugh-Toft, Carolyn (Committee member) / School of Social Transformation (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05