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- All Subjects: Law
- Creators: W. P. Carey School of Business
Description
This focuses on recent changes in Arizona eminent domain law regarding the question of whether a use be "truly public." In light of the landmark decision in Bailey v City of Mesa--often lauded as a great victory for proponents of private property rights-- a few sources will be reviewed to provide an indication of the extent redevelopment in Arizona has been affected by the decision. While the result in Bailey, precluding the City from taking the subject property may have been the correct outcome, the test to which the case now subjects any similar case involving redevelopment has made it unnecessarily difficult for political subdivisions of the state to carry out legislated redevelopment goals. The Bailey case only served to convolute the question of "public use" in the context of economic development, rather than create a workable body of law. In addition to providing a historical context and analyzing the effect of new interpretations on redevelopment generally, this paper will critique the Bailey decision in order to resolve the conflict that the decision created: that of the redevelopment goals of the state and municipalities and the authorized use of condemnation to achieve these goals with the judiciary's decision to greatly restrict the use of condemnation for the achievement of redevelopment goals. Arguably this conflict arose from a failure to fully understand the complexities of the use of the power of eminent domain for redevelopment purposes. Unaware of the need to use eminent domain in order to speed along and make possible economic redevelopment, overzealous proponents of property rights have reduced the issue to a narrow view of the state vs. the individual. Hopefully this paper can offer a more moderate and unbiased view of the use of eminent domain in light of the charge of the state and municipalities to facilitate economic growth.
ContributorsStern-Sapad, Zalman Badi (Author) / Birnbaum, Gary (Thesis director) / Braselton, James (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor)
Created2015-05
Description
Abstract I sought out a project that would be able to intertwine the topics of business law and the business of sports. After reading and researching a few different options, one combination of law and sports that stood out to me was the frequent labor disputes between NHL owners and the players' union. The main goal of this project was to examine whether or not the lockouts that were instituted by National Hockey League owners during the labor disputes that occurred in 2004 and 2012 actually left the league with a better long term financial and social landscape. Through the examination of the stakeholders that were involved in each dispute and their resulting situations, I presented my answer to the above question. In order to properly study the overall situation, I also discussed the history of sports business, the history of the National Hockey League's business landscape, and collective bargaining in sports amongst other topics.
ContributorsNix, Eric Anthony (Author) / Eaton, John (Thesis director) / Kutz, Elana (Committee member) / Barrett, The Honors College (Contributor) / Department of Marketing (Contributor) / W. P. Carey School of Business (Contributor)
Created2015-05
Description
This thesis will focus on the organizational structures and leadership challenges within private law firms. It begins by explaining the different roles within the organizational structure. It will then discuss various other duties that are carried out by lawyers in addition to legal work. Through the use of qualitative methodology, including a review of scholarly literature and semi-formal interviews with private firm partners, this research mainly focuses on the challenges that exist in private law firms. The study concludes with possible solutions to address the discussed challenges in private law firms.
ContributorsKrikorian, Dikranouhi (Author) / Trujillo, Rhett (Thesis director) / Waldman, David (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / Department of Management (Contributor)
Created2015-05
Description
Certain laws relating to self-defense were created known as "Stand Your Ground" laws. The public has interpreted these laws in ways that expand them beyond their original scope. To gain an understanding of self-defense laws, a look at the origins of self-defense is needed. Following the historical background, several cases will be examined that illustrate how the public has interpreted "Stand Your Ground" laws, and how these interpretations clash with elements of self-defense. Several philosophical principles including natural rights, the social contract, and some form of utilitarianism, will be discussed in relation to "Stand Your Ground" laws. A possible conclusion can be drawn that by misinterpreting "Stand Your Ground" laws, people compromise the philosophical ideals they hold, and infringe on other people's natural rights, break the social contract, and create societal unhappiness. Finally, some people are calling for reform of "Stand Your Ground" laws. These reforms focus on correcting public perception of "Stand Your Ground" laws.
ContributorsSmith, Geramya Joseph (Author) / Sigler, Mary (Thesis director) / Stanford, Michael (Committee member) / Kader, David (Committee member) / Barrett, The Honors College (Contributor) / Sandra Day O'Connor College of Law (Contributor) / W. P. Carey School of Business (Contributor)
Created2013-05
Description
Modern Americans ignorantly live under a blanket of unread terms, conditions, and binding contracts. Often, these contracts (mostly associated with products and services) come and go with little effect. Periodically, the products or services cause the consumer harm, leading them to seek repair. The consumer then realizes that all the fine print they failed to read makes an impactful legal difference. This paper analyzes the work of Professor Radin through her book, Boilerplate. It goes on to explore many other arguments presented by contract theorists and makes substantial claims regarding the dangers of boilerplate (unread terms and conditions).
ContributorsBecker, Alexander Daniel (Author) / Koretz, Lora (Thesis director) / Calleros, Charles (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / Department of English (Contributor)
Created2015-05
Description
Over the past decade, the United States and the European Union have adopted major changes to asylum policy and enforcement, specifically the increase of deterrence policies contrary to international asylum norms. The goal of this has been to reduce the pull factors towards the US and EU. Deterrence policies have largely been characterized by two main strategies: (1) deterrence at the border through stricter regulations and detention policies, and (2) deterrence through the creation of formal buffer zone countries between the asylum seekers’ countries of origin and the ultimate country of destination. These policies have been instituted in response to the spike in Central American asylum seekers at the US/Mexico border and Syrian asylum seekers at the Greece/Turkey border at the entrance of the EU. This paper compares these two separate geographic areas––the US and EU––due to their roles in the development of international law, their roles in the development and management of these crises, and the similar increase of asylum seekers in 2014-15. This paper also details the severity of the conditions in the asylee-sending areas––Central America and Syria––which are major “push factors” driving the crises. Finally, this paper explores the novel use of Mexico and Turkey as formal buffer zones by the United Staes and the European Union, respectively. The increase of deterrence policies culminating in the creation of formal buffer zones countries violates key principles of international asylum law, namely non-refoulement. These buffer zones must be redesigned proactively to better suit the realities of asylum in the 21st century.
ContributorsDooling, Maria Hana (Author) / Sivak, Henry (Thesis director) / Calleros, Charles (Committee member) / School of Molecular Sciences (Contributor) / School of Politics and Global Studies (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
"Phoenix as Refuge: A Photographic Exploration of Refugees Within the City" was a creative thesis project that aimed to bridge the gap between divided communities by creating awareness of refugees within the city of Phoenix. Through an IRB approved research study, multiple refugee families were interviewed and photographed. The project documented refugees and their stories and then made those interviews accessible to the greater Phoenix community. The purpose was to make the Phoenix community more aware of refugees in the hopes that this awareness would increase community activism and advocacy for this resilient yet vulnerable minority group. This paper explains the refugee resettlement process and addresses the social and economic implications of refugee resettlement and advocacy within an urban area. Many inhabitants of Phoenix are unaware the refugees that live in their city because of the geographic divide between social classes and ethnic groups. In highly urbanized communities, the geographic layout of the city leads to a more individualistic and segregated society. This notion leads to a discussion of Robert Putnam's theory of social capital, which argued that by improving and fostering social connections, one could increase social well-being and even make the economy more efficient. This paper then applies Putnam's ideas to the interaction between refugees and non-refugees, using space as a determining factor in measuring the social capital of the Phoenix community. As evident in the study of Phoenix's geographic divide between social and economic classes, Phoenix, like many urban cities, is not designed in a way that fosters social capital. Therefore, advocacy must go beyond people and into advocacy for a different kind of city and place that sets up refugees, and non-refugees alike, to succeed. In this way, rethinking the city through urban planning becomes integral to making new social networks possible, building social capital, and increasing social welfare in urban spaces.
ContributorsRutledge, Chloe Grace (Author) / Sivak, Henry (Thesis director) / Larson, Elizabeth (Committee member) / School of Art (Contributor) / School of Politics and Global Studies (Contributor) / School of International Letters and Cultures (Contributor) / Economics Program in CLAS (Contributor) / Barrett, The Honors College (Contributor)
Created2017-12
Description
My thesis explores the role that implicit gender bias plays in the courtroom. From personal experience, I have seen the way that gender has been a factor in the courtroom as a result of both competing in and coaching Mock Trial. As a competitor, my gender was always a factor in that I was told that I couldn't do something because I am female. As a coach, I found myself reinforcing these ideas of gender because that was what I was taught, even though I didn't agree with them. I decided to explore the role of gender in the courtroom using Mock Trial as a framework to study how implicit gender biases is present. As a result of my research, I argue that implicit gender bias is present in the courtroom, and that these biases create barriers for female success. I have conducted research based on a variety of sources, beginning with looking at the role women have historically played in the courtroom to current issues facing women attorneys today. I have researched the role of implicit gender bias and studied how these biases impact women and hinder their success. I conducted research through distribution of the coach survey and analyzed the responses. From these finding I have concluded that implicit gender bias is a factor in the courtroom and that these biases tend to negatively affect women competitors. I conclude that that more research and studies need to be done to make individuals aware of how implicit gender bias functions in the courtroom and how coaches in Mock Trial may be contributing to the reinforcement of these biases.
ContributorsDuarte Luna, Ariana Maria (Author) / Stoff, Laurie (Thesis director) / Amazeen, Nia (Committee member) / Department of Psychology (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
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
The purpose of this thesis was to answer the research question of how do states and international agencies, respectively, differ in application of efforts towards implementation of refugee rights, status, and protection and/or resettlement and why these differences occur. The respective refugee crises that arose following the Bosnian war in the 1990s and the Syrian civil war happening in the present day were used as case studies to further examine and answer this question. These case studies were chosen due to their relatively large refugee populations and differing causes for said refugee populations. To properly measure efficacy of refugee policies on a state and international level, the dispute of state sovereignty versus the right to international intervention was focused on and assessed exhaustively throughout this paper. It was determined that sovereignty could only be deemed legitimate and free of international intervention if certain basic functions (keeping the peace, upholding human rights, etc.) were being upheld within a territory's borders. In the cases of both Bosnia and Syria, the lack of protection and rights provided for refugees warranted international intervention, yet that intervention was not always carried out in the most efficient manner. This paper sought to elaborate on why international intervention occurred when it did and whether it was more powerful than state sovereignty. In the end, international agencies would be most effective in implementing refugee policies if individual states complied with those set policies. Until then, the battle between international policies and the proper implementation of those policies by individual states will remain an intricate one.
ContributorsAouad, Dina Ghassan (Author) / Sivak, Henry (Thesis director) / Larson, Elizabeth (Committee member) / School of Politics and Global Studies (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12