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Before and after NAGPRA
Title
Before and after NAGPRA: the effect of the Native American Graves Protection and Repatriation Act on archaeological practices in the United States.
Creator
Ray, Laura., Harriet L. Wilkes Honors College
Abstract/Description
The Native American Graves Protection and Repatriation Act (NAGPRA) was approved by Congress on November 16, 1990 after years of American Indian lobbying due to the unfair treatment of American Indian remains. Since the enactment of NAGPRA there have been multiple complaints from the archaeological community that the way in which they conduct their jobs has been severely limited by the implementation of NAGPRA. In this study I compare data from the Secretary's Report to Congress questionnaire...
Show moreThe Native American Graves Protection and Repatriation Act (NAGPRA) was approved by Congress on November 16, 1990 after years of American Indian lobbying due to the unfair treatment of American Indian remains. Since the enactment of NAGPRA there have been multiple complaints from the archaeological community that the way in which they conduct their jobs has been severely limited by the implementation of NAGPRA. In this study I compare data from the Secretary's Report to Congress questionnaire, conducted by the National Park Service's Federal Archaeology Program, to determine whether NAGPRA has caused an increase or decrease in the amount of archaeological administrative, laboratory, and fieldwork completed between 1985 and 2005. The comparison shows that there was a significant increase in specific archaeological practices in the years following the implementation of NAGPRA. Looking at the changes in work patterns of archaeologists allows us to assess the success of NAGPRA and it provides empirical evidence to evaluate the claims made by parties affected by the act.
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Date Issued
2009
PURL
http://purl.flvc.org/FAU/209997
Subject Headings
Archaeology, Moral and ethical aspects, Indians of North America, Antiquities, Law and legislation, Cultural property, Repatriation, Philosophy, Cultural property, Government policy, Anthropological ethics
Format
Document (PDF)
Gun control in Florida
Title
Gun control in Florida: an analysis of the Right to Carry Law of 1987.
Creator
Mathews, Sunil., Harriet L. Wilkes Honors College
Abstract/Description
In 1987, Florida passed a Right to Carry Law, allowing citizens to purchase a concealed weapons license. Bill proponents believe that an armed citizenry will deter crime. This study examines the relationship between gun control legislation and violent crime in Florida. By using multiple regression analysis, I conclude that gun control legislation has a significant effect on homicide rates, and the presence of national economic conditions is associated with violent crime in Florida.
Date Issued
2009
PURL
http://purl.flvc.org/FAU/3325083
Subject Headings
Firearms ownership, Law and legislation, Violence, Prevention, Firearms, Law and legislation, Gun control
Format
Document (PDF)
Right-libertarians, the Fair Tax, and big government
Title
Right-libertarians, the Fair Tax, and big government.
Creator
Brittian, Joseph A., Harriet L. Wilkes Honors College
Abstract/Description
I begin by identifying right-libertarians as individuals who believe, foremost, that legislators should reduce the size of the national government. A number of right-libertarians support a Congressional tax reform proposal, the Fair Tax. This support is surprising because the bill is revenue neutral : it therefore does not directly address concerns over increasing Congressional spending or growth of government. Are right-libertarians sacrificing their principles for expediency or is there...
Show moreI begin by identifying right-libertarians as individuals who believe, foremost, that legislators should reduce the size of the national government. A number of right-libertarians support a Congressional tax reform proposal, the Fair Tax. This support is surprising because the bill is revenue neutral : it therefore does not directly address concerns over increasing Congressional spending or growth of government. Are right-libertarians sacrificing their principles for expediency or is there some other explanation? I argue right-libertarians mainly support the bill because they (1) believe Congress would abolish the IRS as soon as it went into effect, increasing citizens' privacy in the process ; and (2) view it as a gradual reform that would lead to further legislation intended to reduce the size of government.
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Date Issued
2012
PURL
http://purl.flvc.org/FAU/3359294
Subject Headings
Libertarianism, Political participation, History, Third parties (United States politics), History, Income tax, Law and legislation
Format
Document (PDF)
Pay-to-pave"
Title
" Pay-to-pave": gopher tortoise management, endangered species protection, and incidental take permits in Florida before and after 2007.
Creator
Florscher, Melinda., Harriet L. Wilkes Honors College
Abstract/Description
This study assesses the philosophical underpinnings of endangered species protections focused on gopher tortoises in Florida. From 1993-2007, gopher tortoises (Gopherus polyphemus) were listed in Florida as a species of special concern. Land developers wanting to build on their habitats could apply for an incidental take permit, paying a fee that allowed tortoises to be 'entombed' in their burrows to die a slow death. In 2007, when gopher tortoise status was up-losted to 'threatened', a new...
Show moreThis study assesses the philosophical underpinnings of endangered species protections focused on gopher tortoises in Florida. From 1993-2007, gopher tortoises (Gopherus polyphemus) were listed in Florida as a species of special concern. Land developers wanting to build on their habitats could apply for an incidental take permit, paying a fee that allowed tortoises to be 'entombed' in their burrows to die a slow death. In 2007, when gopher tortoise status was up-losted to 'threatened', a new policy ended the incidental take permit program. This study compares policy guidelines of the 1991 and 2007 gopher tortoise management plans and explores cases that deal with incidental take controversies. I will apply perspectives from environmental philosophy to my analysis to understand how policies attempt to balance economic goals with a mandate to protect species in peril.
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Date Issued
2012
PURL
http://purl.flvc.org/FAU/3359300
Subject Headings
Gopher tortoise, Conservation, Endangered species, Conservation, Economic aspects, Endangered species, Law and legislation, Economic aspects, Environmental protection, Environmental policy
Format
Document (PDF)
Finding the rainbow connection
Title
Finding the rainbow connection: moving from toleration to human dignity and acceptance in American life and law.
Creator
Lange, Alex C., Harriet L. Wilkes Honors College
Abstract/Description
The surge in granting equal rights to gays and lesbians in the United States is remarkable. Yet with this surge comes a conflict : the civil rights of gays and lesbians against the rights of religious individuals, predominantly Christians, refusing to tolerate a behavior they think immoral. My thesis focuses on two hypothetical situations : a county clerk refusing to issue a marriage license to an engaged lesbian couple and an inn owner refusing a night's stay to a gay couple. In both cases,...
Show moreThe surge in granting equal rights to gays and lesbians in the United States is remarkable. Yet with this surge comes a conflict : the civil rights of gays and lesbians against the rights of religious individuals, predominantly Christians, refusing to tolerate a behavior they think immoral. My thesis focuses on two hypothetical situations : a county clerk refusing to issue a marriage license to an engaged lesbian couple and an inn owner refusing a night's stay to a gay couple. In both cases, the clerk and inn owner refuse service for religious reasons. Normatively, I argue that we must move beyond a framework of toleration to a system of equal respect and understanding of our fellow human beings. Legally, I argue that the rights of religious expression and exercise should not trump the civil rights of gays and lesbians in the public sphere.
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Date Issued
2012
PURL
http://purl.flvc.org/FAU/3359308
Subject Headings
Gay liberation movement, History, Religion and politics, History, Gay rights, Public opinion, Gays, Social conditions, Constitutional law, Religious aspects, Same-sex marriage, Law and legislation, Sex discrimination, Law and legislation, Gays, Legal status, laws, etc
Format
Document (PDF)
DeShaney v. Winnebago County Department of Social Services
Title
DeShaney v. Winnebago County Department of Social Services: state accountability for private violence.
Creator
Tunick, Rachel, Harriet L. Wilkes Honors College
Abstract/Description
The Supreme Court's Ruling in DeShaney v. Winnebago County Department of Social Services (1989) eld that "A State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause." (489 U.S. 189 at 197). A state child protection agency's failure to prevent near-fatal abuse of a four year old child under its supervision was not considered a violation of the child's fourteenth amendment rights. This thesis critcally examines the...
Show moreThe Supreme Court's Ruling in DeShaney v. Winnebago County Department of Social Services (1989) eld that "A State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause." (489 U.S. 189 at 197). A state child protection agency's failure to prevent near-fatal abuse of a four year old child under its supervision was not considered a violation of the child's fourteenth amendment rights. This thesis critcally examines the reasoning behind the majority decision in DeShaney ; and using feminist legal theory, discusses ways to effectively address state policy and liability when private violence is used on vulnerable citizens, challenging the arbitrary dichotomy between the public and private spheres.
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Date Issued
2012
PURL
http://purl.flvc.org/FAU/3359319
Subject Headings
Trials, litigation, etc, Child abuse, Law and legislation, Due process of law, Children, Legal status, laws, etc
Format
Document (PDF)
Deterrence and guns
Title
Deterrence and guns: an analysis on the stand-your-ground extension to the "Castle Doctrine".
Creator
Saladrigas, Alan., Harriet L. Wilkes Honors College
Abstract/Description
Within the last several years there has been a movement, ostensible spear-headed by pro-gun lobbyists, to remove the "duty to retreat" requirement placed on individuals confronted with deadly threats. Florida first passed stand-your-ground legislation in 2005, and has since been followed by at least 12 other states. Policy advocates claim that such a legal change should decrease crime, as a crime victims will no longer be legally encumbered by the duty to retreat. This study examines the...
Show moreWithin the last several years there has been a movement, ostensible spear-headed by pro-gun lobbyists, to remove the "duty to retreat" requirement placed on individuals confronted with deadly threats. Florida first passed stand-your-ground legislation in 2005, and has since been followed by at least 12 other states. Policy advocates claim that such a legal change should decrease crime, as a crime victims will no longer be legally encumbered by the duty to retreat. This study examines the reason why states adopted such legislation and the relationship between this legislation and crime. I find that stand-your-ground legislation is associated primarily with southern states and republican governors, and that such legislation does not significantly affect either violent crime or property crime rates in large U.S. cities.
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Date Issued
2008
PURL
http://purl.flvc.org/FAU/77686
Subject Headings
Gun control, Firearms and crime, Firearms, Law and legislation
Format
Document (PDF)
security of America's Fourth Amendment rights
Title
The security of America's Fourth Amendment rights: a study on National Security Letters.
Creator
Thompson, Maria., Harriet L. Wilkes Honors College
Abstract/Description
National Security Letters allow the Federal Bureau of Investigation to obtain records on individuals from corporations without prior judicial intervention or approval. Statutory changes, most significantly those resulting from the passage of the United States Patriot Act in 2001, have substantially altered the four different federal statutes from which National Security Letters originate. In creating these National Security Letters the government intended to protect its citizens from national...
Show moreNational Security Letters allow the Federal Bureau of Investigation to obtain records on individuals from corporations without prior judicial intervention or approval. Statutory changes, most significantly those resulting from the passage of the United States Patriot Act in 2001, have substantially altered the four different federal statutes from which National Security Letters originate. In creating these National Security Letters the government intended to protect its citizens from national security threats. This goal has been regarded historically as legitimate, but the legislation potentially limits rights, which raises the question of whether these letters are acceptable. Drawing on relevant case law and scholarly opinion, I argue that use of these letters is unacceptable and may render the Fourth Amendment's protection of person and property from unreasonable searches meaningless in certain federal investigations.
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Date Issued
2008
PURL
http://purl.flvc.org/FAU/77696
Subject Headings
Privacy, Right of, National security, Law and legislation, Terrorism, Prevention, Civil rights
Format
Document (PDF)