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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

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
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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

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
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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
This thesis examines the history of abortion law in Italy and the current status of abortion access, finding that ambiguities in legal wording significantly contribute to the current inaccessibility of abortion throughout the country. Lack of clarity regarding conscientious objection has lead to widespread rates of objection across Italy,

This thesis examines the history of abortion law in Italy and the current status of abortion access, finding that ambiguities in legal wording significantly contribute to the current inaccessibility of abortion throughout the country. Lack of clarity regarding conscientious objection has lead to widespread rates of objection across Italy, limiting women's ability to find providers willing to perform the service. In addition, because the law does not expressly state what procedures are included under conscientious objection, women may be denied pre- or post-abortion care and face difficulties finding treatment for miscarriages. Finally, I explore potential avenues to ameliorate the current status of abortion access in Italy.
ContributorsJohnson, Olivia (Author) / Maienschein, Jane (Thesis director) / Ziganshina, Dina (Committee member) / Barrett, The Honors College (Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor) / Department of English (Contributor) / School of International Letters and Cultures (Contributor)
Created2023-05
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

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
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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

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.
ContributorsAbboud, Carolina (Author) / Maienschein, Jane (Thesis advisor) / Justice, George (Committee member) / Marchant, Gary (Committee member) / Pyne, Stephen (Committee member) / Arizona State University (Publisher)
Created2020
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My honors thesis focuses on the technological aspects and the legal impacts of prosthetics and advanced prosthetics. There is a lot of case law dealing with early prosthetics when it comes to worker’s compensation, airport security, prisons and sports. However, there has been little case law that has dealt with

My honors thesis focuses on the technological aspects and the legal impacts of prosthetics and advanced prosthetics. There is a lot of case law dealing with early prosthetics when it comes to worker’s compensation, airport security, prisons and sports. However, there has been little case law that has dealt with advanced prosthetics. As prosthetic limbs become more technologically advanced and intertwined with one’s identity, it is crucial that laws are made to draw a new line between person and property. The innovation of prosthetic limbs has just begun and will surely face setbacks along the way, but the benefits will be worth it once the law catches up with the rapidly advancing technology.

ContributorsRogers, Madison (Author) / Marchant, Gary (Thesis director) / Schaefer, Sydney (Committee member) / Barrett, The Honors College (Contributor) / Harrington Bioengineering Program (Contributor)
Created2022-05