Matching Items (60)
Filtering by
- Creators: Barrett, The Honors College
Description
The Dynamic Landscape of Abortion Law in the United States explores the ways abortion laws have changed in the United States over the course of US history. Abortion laws in the US have historically been fluid, changing in ways both big and small. Those changes can occur after advances in science, changes in understanding, or changes in public opinion. And there have been various periods in the history of the US where tolerance abortion waxed or waned, and common law reflected those attitudes. Roe v. Wade was a pivotal moment in the history of abortion law that accomplished much in the way of broadening women's access to abortions. But Roe v. Wade was not the beginning or the end of the fight for abortion rights in the US. There were legal abortions prior to Roe v. Wade and illegal abortions after. Roe v. Wade granted that women had a constitutional right to have an abortion but the ruling left the boundaries of that right somewhat undefined and most courtroom battles over abortion laws are fought over where a woman's right to an abortion ends and a States right to regulate and protect fetal life begin. Much change has occurred in abortion laws over the past 50 years, this thesis tracks those changes principally through Supreme Court Cases, such as United States v. Milan Vuitch, Roe v. Wade, and Gonzales v. Planned Parenthood among others. The landscape of abortion law in the US continues to shift today, as recently as 2017 with Plowman v. FMCH cases were being heard in courts that wrought subtle yet important changes in abortion law.
ContributorsHigginbotham, Victoria Ashliegh (Author) / Maienschein, Jane (Thesis director) / Abboud, Alexis (Committee member) / Abboud, Carolina (Committee member) / School of Life Sciences (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
Having studied at Arizona State University and the W.P. Carey School of Business through approximately 7 semesters of undergraduate business coursework, I, along with my classmates, have learned an incredible amount of knowledge critical for success in a career in business administration. We have been provided the resources and tools necessary to excel in full time business careers, implement new ideas, and innovate and improve preexisting business networks as driven, motivated business intellectuals. Additionally, having worked in four diverse business internships throughout my undergraduate career, I have come to understand the importance of understanding and studying law and contracts as they relate to business. In all of those internships, I worked extensively with a variety of contracts and agreements, all serving critical purposes within each individual line of business. Within supply chain management studies and jobs, I found contracts to be of utmost importance for students to understand prior to entering a full time job or internship. Students study a wide variety of topics during their education within the Supply Chain Management department at Arizona State University. In procurement and purchasing classes specifically, students cover topics from supplier negotiation strategies to sourcing and sustainability. These topics engage students of all backgrounds and offer exceptional knowledge and insight for those seeking a full time job within supply chain management. What is interestingly so often excluded from such lectures is discussion with regards to the contracts and laws pertinent to purchasing and supply management success. As most procurement and sourcing professionals know, contracts are the basis for all agreements that a company and supplier may engage in. A critical component within the careers of supply managers, contract law provides the foundation for any agreement. Thus, the necessity for a discussion on how to best integrate purchasing and contract law into undergraduate supply chain management education, including depicting the material that should be covered, is permitted. In my Honors Thesis, I have decided to create an informative lecture and outline that can be readily understood by undergraduate students in supply chain management courses, at the benefit of professors and lecturers who wish to utilize and incorporate the material in their classroom. The content consists of information recommended by industry professionals, relevant real-life procurement and contract law examples and scenarios, and universal and common law relevant to contracts and purchasing agreements within the workplace. All of these topics are meant to prepare students for careers and internships within supply chain management, and are topics I have found lack current discussion at the university level. Additionally, as a part of my Honors Thesis, I was given the opportunity to provide a cohesive lecture and present the topics herein in SCM 355 Purchasing classes. This was an opportunity to present to students topics that I feel are currently underrepresented in college courses, and that are beneficial for business students to learn and fully understand. Topics discussed in this interactive lecture and slideshow extracted information from the lecture template.
ContributorsPakula, Jacqueline Rose (Author) / Gilmore, Bruce (Thesis director) / Guy, Shannon (Committee member) / Department of Finance (Contributor) / Department of Supply Chain Management (Contributor) / Barrett, The Honors College (Contributor)
Created2017-12
Description
This report analyzes the intersection that is present between law and technology. It covers the basics of patents and intellectual property law, and then touches briefly about the software side of patent law. The future of patent and technology law are explored as well. The main focus of this report is the patent that was created for a beacon that provides for a full enterprise resource planning solution at both supply chain and full business levels.
ContributorsShah, Dhara Vimesh (Author) / Michelle, Gross (Thesis director) / Stevens, Yvonne (Committee member) / Department of Information Systems (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
Research at the intersection of psychology and law has demonstrated that juror decision-making is subject to many cognitive biases, however, it fails to consider the influence of culturally derived cognitive biases. As jurors become increasingly demographically and culturally diverse it is possible—and even likely—that their attributions might vary because of their cultural background. I predict that cultural and demographic group affiliation affects attributional tendencies such that, compared to situationally focused individuals (those from East Asian cultures, women, those from lower socioeconomic status groups, and older individuals), dispositionally focused individuals (those from Western cultures, men, those from higher socioeconomic status groups, and younger individuals) are less likely to attribute some portion of causation and responsibility for the harm to other influences, and they are more likely to find the defendant liable and hold the defendant financially responsible to a greater degree. This dissertation has three aims: (1) to examine how culturally derived attributional tendencies influence jurors' assessments of causation in complex negligent tort cases where there are multiple causal influences (i.e., multiple tortfeasors and plaintiff negligence) (Studies 1 and 2); (2) to study the implications of those causal determinations on liability determinations, damage awards, and other legal decisions (Studies 1 and 2); and (3) to determine whether these culturally derived attributional tendencies are malleable, suggesting an intervention that might be used to attenuate the influence of attributional tendencies in a trial setting (Study 3). This work advances psychological research on cultural differences in attribution by exploring attributional differences in a new domain, developing a new scale of individual differences in attributional tendencies, and examining how multiple causal influences affects culturally derived attributional tendencies and downstream decision-making.
ContributorsVotruba, Ashley M (Author) / Kwan, Sau (Thesis advisor) / Saks, Michael (Thesis advisor) / Varnum, Michael (Committee member) / Ellman, Ira (Committee member) / Arizona State University (Publisher)
Created2017
Description
Bad Samaritans are bystanders who omit from preventing some foreseeable harm when doing so could have been accomplished with little risk. Although failing to intervene to prevent a harm often renders Bad Samaritans morally culpable, under current common law in the United States they could not be held criminally liable for any harm that resulted to the victims of that harm. In this paper I argue for the criminalization of individuals who fall under this label; I argue for the adoption of Bad Samaritan laws. To accomplish this, I first argue for the conclusion that omissions can causally contribute to harm. From here I am able to reach three further conclusions relative to Bad Samaritan legislation. These three conclusions are that Bad Samaritan laws are justified, that the punishment for the violation of a Bad Samaritan law should be proportional to the degree culpability for the harm caused, and that if "commission by omission" statutes are justified, then so too are Bad Samaritan laws.
ContributorsCallahan, Ty William (Author) / Sigler, Mary (Thesis director) / Murphy, Jeffrie (Committee member) / Botham, Thad (Committee member) / Barrett, The Honors College (Contributor) / Chemical Engineering Program (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-05
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
In this paper, I first explain the legal theory which leads up to Obergefell v. Hodges, and then analyze Obergefell v. Hodges itself. My analysis leads me to conclude that the legal reasoning, or the argument used to come to the decision, is flawed for it relies too heavily upon public opinion and is a legislative action of the Supreme Court. Therefore, I offer three alternatives: each of which improve upon the legal reasoning in different ways. Furthermore, my analysis of these three arguments\u2014and particularly the Free Exercise Argument\u2014leads me to postulate that there is in fact a Freedom to Practice embedded in the penumbral, or unstated, rights of the United States Constitution. While the full extent of the implications of such a right must be explored in another paper, I establish the legal reasoning for the freedom by four routes, showing that although precedent has yet to materialize, there are several arguments for the freedom.
ContributorsMartin, Daniel Brockie (Author) / Kramer, Zachary (Thesis director) / Graff, Sarah (Committee member) / Department of Physics (Contributor) / Barrett, The Honors College (Contributor)
Created2015-12
Description
The purpose of this thesis was to estimate the potential health care cost savings from legalizing a physician assisted suicide (PAS) policy on both a national and individual scale. Given the evolving legal context of PAS paired with the rapidly rising health care costs and aging population in the United States, we hypothesized that implementing a PAS policy on a federal scale would significantly lower healthcare costs. We conducted our analysis using 2 methods: one based on data from the Netherlands and one based on data from Oregon. Overall, we found that while cost savings on a national level are not significant enough to solely justify legalization of PAS, there is a compelling case that legalization of PAS would be a compassionate policy that significantly relieves the financial burden on individuals and their families.
ContributorsJenkins, Kylie (Co-author) / Cunningham, Chloe (Co-author) / Mendez, Jose (Thesis director) / Oberlin, Stephen (Committee member) / Department of Economics (Contributor) / Barrett, The Honors College (Contributor)
Created2015-12
Description
For decades, firms and individuals have utilized written documents to aid in the negotiation of, and completion of, business transactions. One such document is known as a "letter of intent." A letter of intent is often in the form of a letter that serves to evidence preliminary discussions and aid in negotiations between parties. They are generally intended to be "non-binding," meaning neither party will be bound by terms or conditions set forth in the letter of intent unless formal documents are later prepared and executed by the parties. Letters of intent take myriad forms and names, such as "memorandum of understanding," "proposal letter," and "letter of interest." They have been used in many areas of business, including finance, real estate, and supply chain management. Parties often choose to use a letter of intent for varied benefits it may provide, memorializing preliminary discussions, establishing a timeline for negotiations, seeing whether there are any "deal breakers" among terms being proposed, confirming that a party is serious about a deal, or putting moral pressure on the other party to continue negotiations. However, letters of intent carry with them a significant level of risk, which raises the question of whether or not they should be used at all. Many of the risks associated with the use of a letter of intent stems from the potential for a court to find that a letter of intent constitutes a binding agreement, or creates a duty of the parties to continue negotiations in good faith. Parties to a letter of intent may later disagree as to whether they intended all of the terms, or a particular provision, to be legally binding and enforceable, resulting in legal action. Even if a court finds that a letter of intent does not constitute a binding contract, a party may be able to recover damages under a number of legal theories, such as breach of a duty to negotiate in good faith or promissory estoppel. The use of letters of intent is therefore risky, and ultimately, the risks may outweigh the benefits of utilizing letters of intent. This thesis studies the types, uses, benefits, and risks associated with the use of letters of intent, including an examination of statutes and cases that have been applied by courts in disputes surrounding their use. Ways to mitigate the risks of use are also examined including simple practices such as not signing a letter of intent and using a separate document for any terms which must be binding, such as a "no shop" clause. A proposed legislative solution is also discussed that would prevent letters of intent not explicitly intended to be binding and meeting statutory requirements from being enforced in court, thereby substantially reducing the risks associated with the use of letters of intent.
ContributorsGilman, Alexander James (Author) / Birnbaum, Gary (Thesis director) / Stein, Luke (Committee member) / Claus, Scot (Committee member) / Department of Finance (Contributor) / W. P. Carey School of Business (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Supply Chain Management (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05