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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

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
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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

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
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The demographics of Arizona are changing as Hispanics children are passing through their youth and into adulthood. Yet, even with this changing population Arizona has demonstrated an unwillingness to provide adequate educational opportunities for Hispanic school children. The state has perpetuated fear throughout the Hispanic community in an attempt to

The demographics of Arizona are changing as Hispanics children are passing through their youth and into adulthood. Yet, even with this changing population Arizona has demonstrated an unwillingness to provide adequate educational opportunities for Hispanic school children. The state has perpetuated fear throughout the Hispanic community in an attempt to marginalize and stigmatize the race. Such attempts have extended to youth in schools creating an environment of fear. This fear limits the academic potential of young Hispanics who are wary of government officials and institutions. Arizona has also failed to provide appropriate funding for programs used predominantly by Hispanic students leaving them unprepared for a workplace that desperately needs them. Finally, Arizona has refused to allow course content with a record of increasing academic achievement and graduation rates amongst Hispanics to be taught in schools. Taken as a whole Arizona's efforts are creating a cadre of unskilled and unprepared laborers who will be desperately needed to take jobs in the Arizona economy in the coming years. This blatant disregard for the educational needs of a large segment of the population will have a devastating impact on Arizona's future.
ContributorsSmith, Jason Ryan (Author) / Davis, T. J. (Thesis director) / Ovando, Carlos (Committee member) / Tsosie, Rebecca (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-12
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

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
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Law and science are fundamental to the operation of racism in the United States. Law provides structure to maintain and enforce social hierarchies, while science ensures that these hierarchies are given the guise of truth. Biologists and geneticists have used race in physical sciences to justify social differences,

Law and science are fundamental to the operation of racism in the United States. Law provides structure to maintain and enforce social hierarchies, while science ensures that these hierarchies are given the guise of truth. Biologists and geneticists have used race in physical sciences to justify social differences, while criminologists, sociologists, and other social scientists use race, and Blackness in particular, as an explain-all for criminality, poverty, or other conditions affecting racialized peoples. Social and physical sciences profoundly impact conceptualizations and constructions of race in society, while juridical bodies give racial science the force of law—placing legal benefits and criminal punishments into play. Yet, no formal rules govern the use of empirical data in opinions of the Supreme Court. My dissertation therefore studies the Court’s use of social scientific evidence in two key cases involving race and discrimination to identify what, if any, social scientific standards the Court has developed for its own analysis of scientific evidence. In so doing, I draw on Critical Race Theory (CRT) and Institutional Ethnography (IE) to develop a methodological framework for the study and use of social sciences in the law. Critical Race scholars generally argue that race is a social and legal construct and racism is endemic, and permanent, while Institutional Ethnography provides a social scientific method for rigorous study of the law by mapping and illuminating relationships of power manifested in social institutions that construct consciousness and place for marginalized groups in society. Combining methods of IE with epistemologies of CRT, I propose Critical Race Methodologies in the study of Fisher v. University of Texas at Austin and Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. These two cases from recent terms of the Supreme Court involve heavy use of social sciences in briefing and at oral argument, and both cases set standards for racial inclusiveness in Texas. Throughout this dissertation, I look at how law and social sciences co-construct racial meanings and racial power, and how law and social science understand and misunderstand one another in attempting to scientifically understand the role of race in the United States.
ContributorsChin, Jeremiah Augustus (Author) / Brayboy, Bryan McK.J. (Thesis advisor) / Tsosie, Rebecca (Committee member) / Gomez, Alan (Committee member) / Arizona State University (Publisher)
Created2017
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This paper analyzes the economic, legal, and social aspects of the legal cannabis industry in the United States. These analyses include the history, current status, and future of all three components, all with an emphasis on reforming the existing systems in place in order to achieve the most beneficial cannabis

This paper analyzes the economic, legal, and social aspects of the legal cannabis industry in the United States. These analyses include the history, current status, and future of all three components, all with an emphasis on reforming the existing systems in place in order to achieve the most beneficial cannabis industry possible. Many reformative legal implications are made, stressing the importance of decriminalizing cannabis, releasing nonviolent and cannabis-related criminals from prison, and expunging their criminal records. The paper places a heavy emphasis on the importance of designing the legal system to be fair and equal across all racial and ethnic groups, given that people of color have been hit the hardest in terms of cannabis-related issues. Economic components such as tax design and access to proper financial institutions are also included, as well as the social implications that have both gone into and are a product of the long-standing war on drugs. While there is no comprehensive solution for how to fix every aspect of the industry, this paper highlights key aspects to be aware of in the design stages of potential federal legalization.

ContributorsCurtis, Capri Andriana (Author) / Reffett, Kevin (Thesis director) / Boyce-Jacino, Katherine (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Economics (Contributor) / Sanford School of Social and Family Dynamics (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
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

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
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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

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
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The threat of global climate change to the world’s water resources has jeopardized access to clean drinking water across the world and continues to devastate biodiversity and natural life globally. South Africa operates as a useful case study to understand and analyze the effectiveness of public policy responses to the

The threat of global climate change to the world’s water resources has jeopardized access to clean drinking water across the world and continues to devastate biodiversity and natural life globally. South Africa operates as a useful case study to understand and analyze the effectiveness of public policy responses to the perils of climate change on issues of water access and ecosystem preservation. After the new South African Constitution was enacted in 1997, protecting water resources and ensuring their equitable distribution across the nation’s population was a paramount goal of the young democratic government. The National Water Act was passed in 1998, nationalizing the country’s water infrastructure and putting in place programs seeking to ensure equitable distributive and environmental outcomes. Thus far, it has failed. Access to South Africa’s water resources is as stratified as access to its economy; its aquatic ecosystems remain in grave danger; and many of the same problems of South Africa’s Apartheid era still plague its efforts to create an equitable water system. Decision-making power continues to be concentrated in the hands of the wealthy, at the expense of historically marginalized groups, whose voices are still not adequately heard. Corporate actors still exert undue influence over legislative policy that favors economic growth over environmental sustainability. The looming threat of climate change is exponentially increasing the chances of disasters like Cape Town’s 2018 feared ‘Day Zero’. The National Water Act’s noble intentions were never actualized, and therefore the people of South Africa remain in serious danger of acute and chronic threats to their water supply.

ContributorsWakefield, Alex (Author) / Childers, Dan (Thesis director) / Larson, Rhett (Committee member) / Department of Economics (Contributor) / Dean, W.P. Carey School of Business (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description

Intellectual property (IP) is the lifeblood of the U.S. economy. Despite being an important motivator for innovation, IP laws and IP protections are largely unknown by most individuals outside of the legal field. The purpose of this work is to condense some of the most fundamental concepts in U.S. intellectual

Intellectual property (IP) is the lifeblood of the U.S. economy. Despite being an important motivator for innovation, IP laws and IP protections are largely unknown by most individuals outside of the legal field. The purpose of this work is to condense some of the most fundamental concepts in U.S. intellectual property law and describe them in an understandable way for non-lawyers. This thesis covers basic information on U.S. patents, copyrights, trademarks, trade secrets, and the ways in which they impact both science and society. Additionally, this thesis discusses the need for better IP education and presents a solution to this problem in the form of a partly completed draft for an educational book. The book itself is meant to illustrate how the research of this thesis can be utilized in introductory educational materials while also demonstrating the potential for presenting IP law concepts in a fun and visual way.

ContributorsFarmer, Bethany (Author) / Blanks, Zachary (Co-author) / Martin, Thomas (Thesis director) / Prosser, Eric (Committee member) / Irving, Tom (Committee member) / Barrett, The Honors College (Contributor) / Dean, W.P. Carey School of Business (Contributor)
Created2023-05