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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
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
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
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
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
Description
This paper explores the relationship between social and cultural capital and the experience of Asian Americans in law school and after graduating from law school. Bourdieu’s (1986) conceptualizations of institutional cultural capital, embodied cultural capital, and social capital guide this analysis. Two electronic surveys resulted in participation by fourteen Asian American law students and nine Asian American law school graduates from American Bar Association-accredited law schools in the United States. The research design is qualitative, and a partial grounded theory approach based upon Charmaz’s (2006) work was utilized. Thematic coding, line-by-line coding, and focused coding were also used to analyze survey responses. Results demonstrate that there is a relationship between social and cultural capital and the experience of Asian Americans in law school and post-law school graduation. Institutional cultural capital, in the form of J.D. degrees, seems to influence the development of embodied cultural capital and social capital, particularly when considering membership in groups and forming personal and professional connections. When considering embodied cultural capital, family members appear to influence important personal characteristics that participants carry into law school and the workplace. These results may have implications for the larger trend of Asian Americans leaving large law firms; in addition, perceptions of embodied cultural capital may influence barriers to career advancement. Suggested areas for future research include the role of mentorship in Asian American career development, patterns within specific Asian American ethnic/cultural groups in the legal field, and the intersection of gender and Asian American identities in legal practice.
ContributorsSu, Yuhong (Author) / Nakagawa, Kathryn (Thesis director) / Broberg, Gregory (Committee member) / School of Social Transformation (Contributor, Contributor, Contributor) / Economics Program in CLAS (Contributor) / Dean, W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2019-12
Description
Realistically, everyone should either be in jail or in court for crimes that everybody
commits. Outside of the house, there are people speeding, jaywalking, littering, sharing
medication, and driving without seat belts. Inside the house, people are downloading
music/movies, drinking while underage, using (and abusing) social media while under the age of
18, and reading another person’s mail. With so much of a focus on serious crimes, or felonies,
people tend to forget about the everyday actions in America that are also illegal. For example, a
police officer may not do anything if several cars are going well over the speed limit on the
highway, because it is normalized. This paper explores two sides of this issue: the psychological
side and the legal side. The goal is to find out how culpable people really are for their actions
when they do not have the mental intent that the they are determined to have in court. All human
behavior will be divided into two sections (people with non-extreme mental disorders and people
who have total control over their behavior). First, I dive into the complexity of anxiety,
depression, and ADHD, and explain how these disorders will subtly change someone’s behavior.
Next, I examine how actions like speeding and jaywalking and explain how certain illegal
actions have become so normalized that people may not be very guilty, even when they are
knowingly committing these crimes. I use different misdemeanors as examples for each of these
types of behaviors to argue why people should be more culpable (aggravating factors) or less
culpable (mitigating factors) because of their respective predispositions. Finally, I discuss issues
of fixing the criminal justice system such as: how to make all punishments fair/accurate, how to
fix the public’s distrust towards the law, and how to stop these normalized illegal behaviors for
all people, regardless of mental health or intent.
commits. Outside of the house, there are people speeding, jaywalking, littering, sharing
medication, and driving without seat belts. Inside the house, people are downloading
music/movies, drinking while underage, using (and abusing) social media while under the age of
18, and reading another person’s mail. With so much of a focus on serious crimes, or felonies,
people tend to forget about the everyday actions in America that are also illegal. For example, a
police officer may not do anything if several cars are going well over the speed limit on the
highway, because it is normalized. This paper explores two sides of this issue: the psychological
side and the legal side. The goal is to find out how culpable people really are for their actions
when they do not have the mental intent that the they are determined to have in court. All human
behavior will be divided into two sections (people with non-extreme mental disorders and people
who have total control over their behavior). First, I dive into the complexity of anxiety,
depression, and ADHD, and explain how these disorders will subtly change someone’s behavior.
Next, I examine how actions like speeding and jaywalking and explain how certain illegal
actions have become so normalized that people may not be very guilty, even when they are
knowingly committing these crimes. I use different misdemeanors as examples for each of these
types of behaviors to argue why people should be more culpable (aggravating factors) or less
culpable (mitigating factors) because of their respective predispositions. Finally, I discuss issues
of fixing the criminal justice system such as: how to make all punishments fair/accurate, how to
fix the public’s distrust towards the law, and how to stop these normalized illegal behaviors for
all people, regardless of mental health or intent.
ContributorsHildebrand, David Abel (Author) / Rigoni, Adam (Thesis director) / Cavanaugh-Toft, Carolyn (Committee member) / School of Social Transformation (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05