Matching Items (121)
Description
The Freedom of Information Act (1966), an amendment altering Section Three of the Administrative Procedure Act (1964), outlines the rules and regulations for United States citizens to obtain federal government records. The act, written with the guidance of journalists, was created for all members of the public, but with the intent that the press would be the primary users of the legislation. The authors of the act believed the press would utilize FOIA to enhance its ability to accomplish its duty of keeping the public informed. Now, 51 years after the act was passed into law, critics say FOIA has not satisfactorily allowed the press or the public in general to inform and be informed. Issues with demand rates, unorganized systems and subjective interpretations of the act have combined to lock information from public access through an act that was intended to be the key to it. The data from annual federal agency FOIA reports to the attorney general from 2008 to 2015 have indicated that, in multiple metrics, FOIA has increasingly struggled to fulfill and often has failed to provide records to requesting parties. These trends have inspired a discussion among journalists and right-to-information advocates about how to best resolve the issues that have contributed to them. Proposed solutions range from adjustments to requesters' approaches to the act, amendments to the act and even abandoning the act entirely in favor of constructing a new law.
ContributorsPrime, Tyler Scott (Author) / Russomanno, Joseph (Thesis director) / Douglas, Anderson (Committee member) / School of Community Resources and Development (Contributor) / Walter Cronkite School of Journalism and Mass Communication (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Information Systems (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
The NBA operates under a unique system with both forms of the salary cap. The league has a team salary cap that sets a limit that teams can spend on their entire roster. The NBA has a soft cap and a luxury tax system, meaning if teams spend over a determined amount, they are taxed for the salaries in excess. The league also has a player salary cap. The 1999 NBA collective bargaining agreement first introduced the individual player salary cap in the league. This cap sets a limit on what the best players can earn, otherwise known as the maximum contract. In an economic system with a soft team cap, the introduction of the player salary cap has important implications. The stated outcome of such a salary cap is to improve competitive balance and better distribute star players throughout the league. This study evaluated the 1990-2015 regular seasons to measure the impact of the player salary cap on competitive balance, the distribution of team payrolls, and the dispersion of star players. In accordance with the Rottenberg's invariance hypothesis, the player salary cap has hurt the players and benefited the owners by redistributing income from one party to the other, without impacting the distribution of talent in the league. The rule change has not affected competitive balance, while team payrolls have converged and star players have become more dispersed throughout the league. These changes hurt the league overall, preventing the maximization of revenues. Despite this inefficiency, the chance of the league moving to eliminate the player salary cap is low.
ContributorsWelu, Brian Andrew (Author) / Marburger, Daniel (Thesis director) / Goegan, Brian (Committee member) / Sandra Day O'Connor College of Law (Contributor) / Department of Economics (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
Suspect classification is a judicial process by which classes of people are determined as either suspect, quasi-suspect, or not suspect at all due to a combination of five factors: 1) minority status, 2) discrimination history, 3) political powerlessness, 4) an immutable trait, and 5) trait relevance as it relates to a discriminatory law in question. Laws that discriminate against a suspect class become immediately subject to strict scrutiny while most discriminatory laws only need to pass a rational basis test. Craig v. Boren (1976) established a precedent for the class of sex, which thereafter became subject to an intermediate level of scrutiny as a quasi-suspect class. With a more visible distinction between sex and gender today, this study seeks to determine whether gender rather than sex may become protected through heightened scrutiny by applying factors for suspect classification. In a call for heightened scrutiny for both gender and sex, this thesis argues that the suspect classification of both classes should include combinations of subclasses between gender, sex, and any other protected class. The central thesis employs a content analysis of case law, statutory law, and administrative law as it discriminates against classes of people with varying protection under the court system in the United States. In the question of whether courts should protect gender with suspect classification, the main argument calls for such action but if and only if an intersectional approach to protecting gender along with sex at a heightened level of judicial scrutiny is applied by individual judges on higher courts of review.
ContributorsTorres, Cristian Jesus (Author) / Hoekstra, Valerie (Thesis director) / Durfee, Alesha (Committee member) / School of Politics and Global Studies (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Social Transformation (Contributor) / School of Public Affairs (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
This project discusses a Medical-Legal Partnership (MLP) between the Arizona Legal Center (ALC) and the Student Health Outreach for Wellness (SHOW) clinic. The ALC is a nonprofit 501(c)(3) legal aid clinic located in at the Beus Center for Law and Society alongside the Sandra Day O'Connor College of Law at Arizona State University. They are a community- based legal aid service that helps low income and underserved populations find answers and solutions to their legal questions through free of charge consultations. The ALC is primarily operated by student volunteers and volunteer attorneys. The SHOW clinic is a tri-university, student-led community-based project that works to provide whole person health care for poor, low income, or underserved individuals in Phoenix, Arizona. I was given the opportunity to join in this effort through my role as an undergraduate student volunteer at the ALC during the summer of 2017. Planning and coordination between these two entities has been ongoing, and after several months of work, the partnership has reached a more formative state. Our team estimates our partnership will be implemented into clinical facilities and operational by the Fall of 2018. By the summer of 2018, the SHOW clinic will be providing medical services at three locations: the Human Services Campus clinic, Crossroads Flower clinic, and Crossroads Mesa clinic. These clinical sites are where the MLP between the ALC and SHOW will operate. The ALC will provide legal consultations at each facility once a month, every month during the fall semester of 2018. They will also conduct educational workshops for facility patients once a month, every month. The following paper discusses: 1) a brief history of healthcare delivery and healthcare trends in the United States, 2) discusses what Medical-Legal Partnerships are and why they should be used, 3) specific health needs in the state of Arizona, 4) the developmental process of this specific partnership, 4) the challenge of medical and legal confidentiality, 5) and a proposed timeline of how we intend to successfully implement our partnership at clinical sites.
ContributorsAlvarenga, Montserrat (Author) / Rigoni, Adam (Thesis director) / Feeney, Michele (Committee member) / School of Politics and Global Studies (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of International Letters and Cultures (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
My thesis offers original research is in its direct analysis of the IRS conflict of interest regulations and their applicability to STOs, its discussion of my experience setting up an STO, and my interviews of State Legislators as a primary source. The primary goals of my investigation are to 1. Determine the regulations and standards that exist to prevent conflicts of interest in the operation of Arizona STOs. 2. Examine instances of alleged conflicts of interest encountered by STO operators. 3. Discuss the ethical implications of STO operator actions in situations of conflicts of interest. And 4. Propose legislative solutions to remove any and all conflicts of interest. From my examination of financial records and from my interviews with other state legislators, I have concluded that Arizona Christina School Tuition Organization is violating IRS regulations by operating with an objective of conferring on its director a private benefit. The STO I helped form, ------------- STO will need to carefully document its expenses and contracts to justify its overhead margin or else risk running afoul of the same IRS regulations. Even if an STO like ------------- STO, is allowed by Arizona law to have an overhead margin of 10%, those expenses must be justified, particularly if they confer a private benefit to restricted persons. Ultimately, even if an STO deliberately flouts IRS regulations regarding private benefits realized by "disqualified" persons, it is highly unlikely that the STO will face IRS scrutiny. Therefore, there exist sufficient federal regulatory safeguards to prevent financial conflicts of interest among Arizona STO board members, but such regulations are not sufficiently enforced to prevent those conflicts of interest.
ContributorsGunther, Nicholas (Author) / Koretz, Lora (Thesis director) / Bonfiglio, Thomas (Committee member) / Sandra Day O'Connor College of Law (Contributor) / W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
After having worked in the legal field for two years, I began to notice a pattern with clients. Several clients had an unrealistic view of the court system regarding trial proceedings. Oftentimes, I would come across clients that were perplexed by the idea of disclosing witnesses and exhibits to the opposing party before trial. They seemed to believe that evidence was only meant to be disclosed at the time of trial, so as to surprise the opposing side. This is just one of the many distorted ideas that several people have come to me with. I can see that clients feel upset and overwhelmed by how the reality of court differs from the court that they had been imagining. These patterns in client questions and realizations began my thinking of how to better raise awareness to Americans regarding realistic dealings in the courtroom. My desire to find a means to help people unfamiliar with the legal system better understand the rules of the court, paired with my love for card games, led me to create Judge and Jury, a card game about the legal system. Judge and Jury is a game that is meant to simplify concepts of the legal system through playing cards. Each rule in the game corresponds with real-life court rules and is meant to allow people to play out "court trials' through each round of the game. The correlations between the game rules and real-life court rules are subtle to keep players engaged and entertained. The subtleness allows players to grasp legal concepts without feeling overwhelmed. Game Website: https://judgeandjurygame.weebly.com/
ContributorsHomewood, Alexa (Author) / Eaton, John (Thesis director) / Wood, Robert (Committee member) / Department of Management and Entrepreneurship (Contributor) / W.P. Carey School of Business (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
The trends of products made by today’s companies follow a traditional linear economy where materials for products and services are taken, made, and then used until they are disposed of. In this model cheap materials are relied on in large amounts and our current rate of usage is unsustainable. Pollution and climate change are effects of this linear economy, and in order to secure a sustainable future for life on this planet, this model is not fit. A circular business model is the future for companies and products. Circular design and biomimicry are at the forefront of this transition. In conjuncture with the InnovationSpace program, I have developed a product for, and sponsored by, Adidas. The product utilizes a circular business model and a sustainable product ecosystem after using biomimicry as a tool for inspiration. The project was driven by this primary research question presented by Adidas: How can we embrace a true circular economy with far more reuse and recycling incorporated, while ensuring that all products travel from factory to foot in a more sustainable way while providing an engaging consumer experience? The goal
of this project was to generate solutions that can be applied to a broad range of products at Adidas.
The product developed is called Neomod, a modular shoe system. People buy shoes both for fashion and function, with the average American owning nineteen pairs. However, countless numbers of partially worn shoes end up in landfills because the materials they are made of are difficult to separate and replace. This is why we designed Neomod; a modular shoe made with interchangeable parts. It makes recycling shoes simpler, but at the same time, provides users with a variety of styles to mix and match to fit their lifestyle. Neomod’s goal is to minimize the amount of waste created and allows all parts of the shoe to be used until its end of life. As consumers buy, recycle, and reuse Neomod shoes, they will help the world work towards a more circular economy.
The product developed is called Neomod, a modular shoe system. People buy shoes both for fashion and function, with the average American owning nineteen pairs. However, countless numbers of partially worn shoes end up in landfills because the materials they are made of are difficult to separate and replace. This is why we designed Neomod; a modular shoe made with interchangeable parts. It makes recycling shoes simpler, but at the same time, provides users with a variety of styles to mix and match to fit their lifestyle. Neomod’s goal is to minimize the amount of waste created and allows all parts of the shoe to be used until its end of life. As consumers buy, recycle, and reuse Neomod shoes, they will help the world work towards a more circular economy.
ContributorsReniewicki, Johnathan Robert (Author) / Sanft, Alfred (Thesis director) / Boradkar, Prasad (Committee member) / The Design School (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
An investigation into the cultural phenomenon surrounding books and movies that are considered critical failures, but are nonetheless championed in popular culture. Stories are an essential part of American culture, and many people not only tolerate but truly enjoy those stories that are shocking, confusing, and, in some cases, those that were created by storytellers with almost no talent at all. The continued production of these lackluster stories was considered, with an eye to the corporate influences on film studios and publishers. This paper also looked at two storytellers, the filmmaker Ed Wood and the author Stephen King, whose value as artists has been debated by passionate fans and their strongest critics. The sociological concepts of taste and cultural capital, as defined by sociologist Pierre Bourdieu, and the art movements of postmodernism and metamodernism, particularly the style of camp as defined by Susan Sontag and the value of bad taste in art as defined by John Waters, were investigated in regards to their connection to the popularity of bad films and novels. A brief investigation into the psychological effects of consuming bad stories, especially in children, was also included. From this foundation of the bad story as an important part of our culture's ideas about art and its consumption, the paper then addresses some of the popular methods of consumption of the bad story. For novels, the paper examines the trend of pulp fiction novels and of romance novels, going into depth on the role of E.L James' Fifty Shades of Grey in popular culture. For film, the paper examines the impact of the midnight movie trend on the popularity of subversive, counter-culture films, the role of camp genre films like Sharman's The Rocky Horror Picture Show in our culture, particularly with an eye towards audience participation screenings, and the way in which other projects, like Joel Hodgson's Mystery Science Theater 3000, transform bad films into new, enjoyable entertainment. Overall, this paper investigates all of the positive aspects around a failed story that allow these missteps in writing and directing to still find success in our culture.
ContributorsPehoushek, Scott James (Author) / Ison, Tara (Thesis director) / Free, Melissa (Committee member) / Department of Psychology (Contributor) / Department of English (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
Hip-hop’s popularity has been steadily increasing since the late 1980s, with it becoming the most streamed genre of music in 2017. This rise in popularity is matched by an increase in the number of criminal court cases which implement one of hip-hop’s primary features, rap, as evidence. In order to build upon prior research regarding rap music’s implications in legal proceedings and begin to understand what impact this phenomenon might have, this study examines the function of rap music within a sample of court cases. The research was conducted using a qualitative content analysis. The sample consists of 184 criminal cases from a five-year-period selected from the LexisNexis®Academic database. From these cases, 7 principal patterns were established: (1) gang affiliation, (2) descriptions of criminal acts, (3) impermissible character evidence, (4) criminal intent, (5) threats, (6) artistic expression, and (7) inciting incidents. Each of these patterns was examined and analyzed with respect to the function of rap evidence within each case. Among these patterns, the most common was rap evidence bearing gang affiliation, and the least common was rap’s direct use in incidents which resulted in a criminal charge. Most cases, with its use as a threat being the major exception, appeared to implement rap as a supplementary piece of evidence. The analysis demonstrated that the increased usage of rap evidence in the criminal proceedings attests to the significant impact that the hip-hop genre can have a have on individual cases. This impact is defined by the function of rap evidence, and in this sense the contextual and historical significance of rap music becomes a factor in how it is utilized as a tool in the legal system.
ContributorsLutes, Erin (Author) / Fradella, Hank (Thesis director) / Fahmy, Chantal (Committee member) / School of Criminology and Criminal Justice (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
The primary purpose of this paper is to analyze urgent care centers and explain their role within the U.S. healthcare system. The introduction of urgent care into the market for health care services has brought with it a new way for consumers to receive non-emergent healthcare outside of traditional hours. Urgent care is often cited as a plausible alternative to care received at an emergency department or primary care physician's office. One of the key questions the author attempts to answer is: "To what degree are urgent care centers an economic substitute to emergency departments or physician's offices?" This paper looks at both projected demand from currently operating urgent care centers and consumer preference surveys to estimate the willingness of consumers to use urgent care. The method used to accomplish this task has been compiling scholarly research and data on urgent care centers. After a thorough examination of relevant studies and datasets, urgent care centers have been found to be just as preferred as emergency departments when considering non-emergent cases, specifically among individuals aged 18-44. The clear majority of consumers still prefer visiting a primary care physician over an urgent care center when it comes to episodic care, however. When taking into account wait times, differences in cost, and ease of access, urgent care becomes much more preferred than an emergency department and weakly preferred to a physician's office. There are still some concerns with urgent care, however. Questions of capacity to meet demand, access for underserved communities, and susceptibility to adverse selection have yet to be fully explored.
ContributorsBullington, Robert Heyburn (Author) / Foster, William (Thesis director) / Hill, John (Committee member) / Sandra Day O'Connor College of Law (Contributor) / W.P. Carey School of Business (Contributor) / Department of Economics (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05