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- Creators: Barrett, The Honors College
- Creators: W. P. Carey School of Business
Description
Psychology of justice research has demonstrated that individuals are concerned with both the process and the outcomes of a decision-making event. While the literature has demonstrated the importance of formal and informal aspects of procedural justice and the relevancy of moral values, the present study focuses on introducing a new form of justice: Substantive justice. Substantive justice focuses on how the legal system uses laws to constrain and direct human behavior, specifically focusing on the function and the structure of a law. The psychology of justice literature is missing the vital distinction between laws whose function is to create social opportunities versus threats and between laws structured concretely versus abstractly. In the present experiment, we found that participant evaluations of the fairness of the law, the outcome, and the decision-maker all varied depending on the function and structure of the law used as well as the outcome produced. Specifically, when considering adverse outcomes, individuals perceived laws whose function is to create liability (threats) as being fairer when structured as standards (abstract guidelines) rather than rules (concrete guidelines); however, the opposite is true when considering laws whose function is to create eligibility (opportunities). In juxtaposition, when receiving a favorable outcome, individuals perceived laws whose function is to create liability (threats) as being fairer when defined as rules (concrete guidelines) rather than standards (abstract guidelines).
ContributorsLovis-McMahon, David (Author) / Schweitzer, Nicholas J. (Thesis advisor) / Saks, Michael (Thesis advisor) / Kwan, Sau (Committee member) / Arizona State University (Publisher)
Created2011
Description
The PPP Loan Program was created by the CARES Act and carried out by the Small Business Administration (SBA) to provide support to small businesses in maintaining their payroll during the Coronavirus pandemic. This program was approved for $350 billion, but this amount was expanded by an additional $320 billion to meet the demand by struggling businesses, since initial funding was exhausted under two weeks.<br/><br/>Significant controversy surrounds the program. In December 2020, the Department of Justice reported 90 individuals were charged for fraudulent use of funds, totaling $250 million. The loans, which were intended for small business, were actually approved for 450 public companies. Furthermore, the methods of approval are<br/>shrouded in mystery. In an effort to be transparent, the SBA has released information about loan recipients. Conveniently, the SBA has released information of all recipients. Detailed information was released for 661,218 recipients who have received a PPP loan in excess of $150,000. These recipients are the central point of this research.<br/><br/>This research sought to answer two primary questions: how did the SBA determine which loans, and therefore which industries are approved, and did the industries most affected by the pandemic receive the most in PPP loans, as intended by Congress? It was determined that, generally, PPP Loans were approved on the basis of employment percentages relative to the individual state. Furthermore, in general, the loans approved were approved fairly, with respect to the size of the industry. The loans, when adjusted for GDP and Employment factors, yielded a clear ranking that prioritized vulnerable industries first.<br/><br/>However, significant questions remain. The effectiveness of the PPP has been hindered by unclear incentives and negative outcomes, characterized by a government program that has essentially been rushed into service. Furthermore, limitations of available data to regress and compare the SBA's approved loans are not representative of small business.
ContributorsMaglanoc, Julian (Author) / Kenchington, David (Thesis director) / Cassidy, Nancy (Committee member) / Department of Finance (Contributor) / Dean, W.P. Carey School of Business (Contributor) / School of Accountancy (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
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
Description
Life History Theory suggests that, in order to maximize reproductive fitness, individuals make trade-offs between allocating resources to mating and parenting. These trade-offs are influenced by an individual's sex, life history strategy, and environment. Here, I explored the usefulness of a Life History Theory framework for understanding endorsement of child support laws. This study experimentally manipulated sex ratio, and gathered information about participants' endorsement of child support, sexual restrictedness, and mate value. As predicted, women endorsed child support more than men, whereas men favored greater restriction of child support in the form of required paternity testing. However, in general, results do not support an effect of sex ratio, sexual restrictedness, or mate value on endorsement of child support. Results suggest sensitivity to exploitation in a male-biased sex ratio, reflected by an increase in men's endorsement of paternity testing requirements under a male-biased sex ratio prime. Women, on the other hand, report especially unfavorable beliefs toward paternity testing in a male-biased sex ratio. Although results of the current study are mixed, there remains much to be gained from applying an evolutionary perspective to understanding variability in endorsement of child support.
ContributorsWilliams, Keelah (Author) / Neuberg, Steven L. (Thesis advisor) / Saks, Michael (Committee member) / Kenrick, Douglas (Committee member) / Ellman, Ira (Committee member) / Arizona State University (Publisher)
Created2013
Description
Abstract Kicking the Habit: Reforming Mandatory Minimums for Drug Crimes Ashley Allen While mandatory minimum sentences apply to all drugs, in this paper, I primarily discuss them for marijuana, cocaine, and opiates since these drugs are the most commonly used. My paper will include an exploration of the reasons behind the implementation of mandatory minimum sentences, an analysis of the problems involved with enforcing them, and a discussion about the harms such enforcement has on communities. While mandatory minimums were introduced to prevent discrimination in sentencing as people of color often faced much harsher sentences, the minimums have not been a lasting solution; rather these sentencing techniques have become a major component of the problems communities face associated with drug use. They enforce negative stereotypes and cycles of drug use, do not promote rehabilitation, and unnecessarily burden the judicial and prison systems. I will discuss both successful and failed attempts to reform these laws, and finally offer possible solutions for rethinking mandatory minimum laws, including harm reduction, sentencing restructuring, and the reform of federal laws.
ContributorsAllen, Ashely (Author) / Henderson, Deborah (Thesis director) / Espino, Rodolfo (Committee member) / Walker, Michael (Committee member) / Barrett, The Honors College (Contributor)
Created2012-05
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
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
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
For the average person, the criminal justice system can be a bureaucratic and confusing process. It is for exactly these reasons, many defendants will choose to spend exorbitant amounts of money to prove their innocence or hide their guilt. Therefore, when thinking from an economic perspective, one begins to wonder whether or not the vast amounts of money allocated to building a legal defense, actually have statistical impact on the outcome of the sentence. Or, if perhaps it is the characteristics of the defendant, the case, or the judge that truly account for the determination of the final verdict.
ContributorsAndrews, Dane (Author) / McDowell, John (Thesis director) / Roberts, Nancy (Committee member) / Pratt, Travis (Committee member) / Barrett, The Honors College (Contributor)
Created2012-05
Description
Scientists, lawyers, and bioethicists have pondered the impact of scientifically deterministic evidence on a judge or jury when deciding the sentence of a criminal. Though the impact may be one that relieves the amount of personal guilt on the part of the criminal, this evidence may also be the very reason that a judge or jury punishes more strongly, suggesting that this type of evidence may be a double-edged sword. 118 participants were shown three films of fictional sentencing hearings. All three films introduced scientifically deterministic evidence, and participants were asked to recommend a prison sentence. Each hearing portrayed a different criminal with different neurological conditions, a different crime, and a different extent of argumentation during closing arguments about the scientifically deterministic evidence. Though the argumentation from the prosecution and the defense did not affect sentencing, the interaction of type of crime and neurological condition did.
ContributorsMeschkow, Alisha Sadie (Author) / Schweitzer, Nicholas (Thesis director) / Robert, Jason (Committee member) / Patten, K. Jakob (Committee member) / Barrett, The Honors College (Contributor) / Department of Psychology (Contributor)
Created2014-05