Matching Items (58)
Filtering by
- Creators: Barrett, The Honors College
- Creators: Dean, W.P. Carey School of Business
Description
The sacred San Francisco Peaks in northern Arizona have been at the center of a series of land development controversies since the 1800s. Most recently, a controversy arose over a proposal by the ski area on the Peaks to use 100% reclaimed water to make artificial snow. The current state of the San Francisco Peaks controversy would benefit from a decision-making process that holds sustainability policy at its core. The first step towards a new sustainability-focused deliberative process regarding a complex issue like the San Francisco Peaks controversy requires understanding the issue's origins and the perspectives of the people involved in the issue. My thesis provides an historical analysis of the controversy and examines some of the laws and participatory mechanisms that have shaped the decision-making procedures and power structures from the 19th century to the early 21st century.
ContributorsMahoney, Maren (Author) / Hirt, Paul W. (Thesis advisor) / Tsosie, Rebecca (Committee member) / White, Dave (Committee member) / Arizona State University (Publisher)
Created2011
Description
In The Archive and the Repertoire, Diana Taylor discusses how performance, gestures, resistances within a community holds an embodied memory and enacts the transmission of knowledge within that community. Taylor discusses how this embodied memory is alternative to the written archive of history, history of interaction, history of meaning, history of language. Through the consideration of performance, Taylor urges her reader to reconsider oral and performative transmission of culture, knowledge, customs, traditions, and resistance. This project considers whether this reconsideration can be extended or expanded to oral and performative transmission of law within a community. Specifically, this research explores the conflict between the project of nationality and the reality of social organizing on a community/collective level. It asserts that this conflict is manifested most dramatically within border communities. The dissertation examines how the role of written law in the borderlands divides land and inhabitants and reconstructs a new understanding of the borderlands through oral histories and resistance by border communities. The overall goal of the dissertation is to challenge current scholarship to address the conceptual and sociopolitical task of a world in which legal representations and abstractions supersede the complex reality of community relations. As legal anthropologist Sally Falk Moore identified, we must consider carefully whether or not law controls the social context and what this means for our own definitions of community, what are the boundaries and borders of communities, and the seemingly limitedness of social interaction that becomes based on such legal definitions. The dissertation analyzes the defining disconnect of law from the social context that manifests itself amongst border communities along the U.S.-Mexico border. By exploring how law creates, sustains, molds, and connects the phenomenon of sovereignty, economy, and international borders, we can begin to understand how actions of border communities along the U.S.-Mexico border define the disconnect of law from the social context by redefining community itself.
ContributorsNatividad, Nicholas (Author) / Lauderdale, Pat (Thesis advisor) / Quan, Helen T. (Thesis advisor) / Gomez, Alan E. (Committee member) / Tsosie, Rebecca (Committee member) / Arizona State University (Publisher)
Created2012
Description
Previous studies exploring variability in sentencing decisions have consistently found gender differences, such that women receive lighter sentences than men. In the proposed study, I present a new framework for understanding gender differences in sentencing preferences, including circumstances under which no gender differences should emerge. The Affordance Management Approach suggests that our minds are attuned to both group- and individual-level threats and opportunities that others afford us. I conceptualize the sentencing difference between men and women as driven by perceived affordances that assist or hinder an individual in achieving certain fundamental goals. When faced with sanctioning an offender in our community, the offender's sex, the victim's age, and environmental variables such as the ratio of men to women may influence our decision-making, because these factors have affordance implications. Thus, I hypothesized that individuals will express differences in the sentencing of offenders who commit assault, and that these differences vary by offender sex, victim age, and sex-ratio. The results indicate that, as predicted, female offenders received lighter sentencing than men when the offender committed an assault against a same-sex adult, but received equally punitive sentences as men when the assault was committed against a child. In general, results do not support a consistent effect of sex ratio as a factor when making sentencing decisions. Although results do not fully support the current study's specific hypotheses, there remains much to be gained from applying an affordance management perspective to understanding variability in sentencing between the sexes.
ContributorsUzzanti, Charlene Ann (Author) / Neuberg, Steven (Thesis director) / Knight, George (Committee member) / Salerno, Jessica (Committee member) / Barrett, The Honors College (Contributor) / School of Criminology and Criminal Justice (Contributor) / Department of Psychology (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
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
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
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
The jury is a perfect example of American democracy in action. People convicted of crimes are put before a randomly-selected jury of their peers. This jury consists of people with a variety of backgrounds and experiences without any sort of specialized training. Ideally, this jury is representative of the population and does not have any biases towards the victim or the defendant. They view all evidence, hear all facts, and ultimately decide on a verdict. However, this system does not always create accurate outcomes. Often times and for a number of reasons, jurors are distracted in the courtroom. This can lead to incorrect verdicts, meaning that either guilty people walk free or innocent people are incarcerated. This paper will explore the idea of the distracted juror and ways to minimize these distractions so that the most accurate decision can be made during a trial. It will first examine the statistics behind jury inaccuracies as well as how other countries conduct their jury trials. It will then briefly explore grand juries and their differences between trial juries. This paper will analyze data from a survey conducted at the beginning of the project. It will then provide analyses of some possible reforms. This paper will conclude with how this research could be pursued further, why it should be pursued further, and how jury trials could look in the future.
ContributorsAnderson, Ethan David (Author) / Kirkpatrick, Jennet (Thesis director) / Valerie, Hoekstra (Committee member) / School of Politics and Global Studies (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2018-12