Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English Dec 2016

A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English

Capstones

The federal government relies heavily on outside contractors to provide essential research and services. Following World War II, the Department of Defense and the military began to rely on approved government contractors to develop, test and improve weapons and tools used to keep soldiers and the nation safe.

Defense contracting is a massive business that commands billions of dollars a year. Despite the magnitude of the United States' contracting system, detecting fraud and preventing bad actors from continuing to profit off of the government has proven difficult. The systems at hand: civil and criminal charges, suspension and debarment have consistently …


Not On The Menu, Kathryn Casteel, Zameena Mejia Dec 2016

Not On The Menu, Kathryn Casteel, Zameena Mejia

Capstones

The element of “unwelcomeness” and the burden of proof on the plaintiff to prove sexual conduct in the workplace is one of the flaws of Title VII that make it difficult to protect victims of sexual harassment. This is particularly true in restaurants where a sexual environment is often thought of as “part of the job.” Formal complaint systems, if available, in restaurants are often flawed, even though they can pose as an affirmative defense for the defendant if they are available and a victim does not file a complaint. In the cases examined, all involved an accused supervisor or …


Loose Tendency Of “Pay To Be Paid” Rule Of P&I Clubs, Long Jia Sep 2016

Loose Tendency Of “Pay To Be Paid” Rule Of P&I Clubs, Long Jia

World Maritime University Dissertations

No abstract provided.


The Path Towards Clear And Convincing Digital Privacy Rights, Frederick V. Greene Aug 2016

The Path Towards Clear And Convincing Digital Privacy Rights, Frederick V. Greene

Open Access Dissertations

This study was a legal based inquiry to determine to what extend digital privacy rights are adequately protected by existing law. Because the major statutory vehicle that guides privacy rights in America was passed in 1986, the courts have had to address issues not contemplated by the statute. This study reviews the rulings of all twelve United States Courts of Appeal to determine whether or not digital privacy rights are expanded or limited. Comparisons are made between various circuits and different regions of the country. Three questions are addressed in this study, summarized as; a question about the current status …


Better Work And Global Governance, Paul Alois Jun 2016

Better Work And Global Governance, Paul Alois

Dissertations, Theses, and Capstone Projects

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal …


Detection And Depletion Of Digital Cameras: An Exploration Into Protecting Personal Privacy In The Modern World, Jessica Sanford Jun 2016

Detection And Depletion Of Digital Cameras: An Exploration Into Protecting Personal Privacy In The Modern World, Jessica Sanford

Honors Theses

As all forms of technology become more integrated into our daily lives, personal privacy has become a major concern. Everyday devices, such as mobile phones, have surveillance capabilities simply by having a digital camera as part of the device. And while privacy and secrecy seem to go hand in hand, it is not always the case that one does not care about privacy because they have nothing to hide. For example, everything from unflattering photographs to being unknowingly and perhaps criminally surveilled, are ample reasons to desire some means of combatting the not so candid presence of digital cameras in …


A Case Study Of Latino Immigrant Employment In The California Central Valley, Alfredo Saldivar May 2016

A Case Study Of Latino Immigrant Employment In The California Central Valley, Alfredo Saldivar

Dissertations

This purpose of this case study was to examine the employment experiences of Latino immigrants in the California Central Valley. The case study was conducted to determine why Latino immigrants in this location leave or stay in places of employment and whether federal and state immigration and employment laws and policies affected their employment status. The study included the obstacles Latino immigrants encountered during their search for employment. A qualitative case study research design was used gather detailed data from participants about their employment experiences in the California Cantal Valley. Four focus groups were conducted for this research to gain …


A New Hope: South Carolina's Struggle With Domestic Violence, Riley Anne Bearden May 2016

A New Hope: South Carolina's Struggle With Domestic Violence, Riley Anne Bearden

Senior Theses

South Carolina has come into the national spotlight over the past 10 years over it’s consistent issue with domestic violence. With domestic homicide rates consistently over the national average, journalists and researchers have examined everything from the causes of domestic violence, it’s impetus within a person and its cultural influences, to the way that law enforcement and the judicial system handle cases presented to them. South Carolina’s patriarchal background and traditional perspective on gender relations certainly play a role in the high rates of domestic violence in the state, and other cultural factors that could affect the prevalence of abuse. …


Trading Ahead Of Bad News: Evidence From Short-Sales Of Stocks And The Options Market, Nicholas E. Macksoud Apr 2016

Trading Ahead Of Bad News: Evidence From Short-Sales Of Stocks And The Options Market, Nicholas E. Macksoud

Business and Economics Honors Papers

Throughout the past ten years, the United States Environmental Protection Agency (EPA) has issued hundreds of enforcement actions in the electric, natural gas, and petroleum industries. The vast majority of these citations have been violations of environmental statutes, notably the Clean Air Act (CAA) and the Clean Water Act (CWA). My research evaluates the timing of informed investors’ actions pertaining to the public release of these EPA announcements. Since informed traders have much more leverage in the options market, there seems likely to be a concentration of abnormal put option activity shortly before the time in which the announcements reach …


Examining The Feasibility Of Implementing A Deconstruction Nonprofit In East St. Louis, Il, David M. Hoag Jr. Apr 2016

Examining The Feasibility Of Implementing A Deconstruction Nonprofit In East St. Louis, Il, David M. Hoag Jr.

All Capstone Projects

Background: According to an environmental justice case study by Kozol (2005), East St. Louis is considered the country's most distressed city. It has suffered from environmental and economic misfortunes for several decades. Many residents of the city have left due to the economic conditions of the city, which resulted in a loss of tax base. According to Hou (2010), the loss of tax base has had a severe impact on the community; the city that once had flourishing parks, streets, and businesses has now become blighted with condemned, abandoned, and foreclosed structures. Poor maintenance and neglect has led to decay …


United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone Apr 2016

United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone

Senior Theses and Projects

Intra-EU migration is a phenomenon innate to the structure of the European Union. A politico-economic union of twenty-eight countries, the EU does what no other alliance of countries has endeavored before, serving as a unique product of globalization and integration, in every sense of the word. Bound almost entirely by a common currency, the European Union is established in the belief that economic cooperation in Europe can be achieved through the principle of free movement, despite each member states’ individual way of life, language, and political, religious, and cultural ideology.

Since intra-EU migration allows for the possibility of EU integration …


The Copyright Board And Tribunals Process: Users In The Balance, Louis J. D'Alton Mar 2016

The Copyright Board And Tribunals Process: Users In The Balance, Louis J. D'Alton

Electronic Thesis and Dissertation Repository

The wholesale adoption of copyright collective management as public policy tool has had an extraordinary impact on the information landscape. The unfettered expansion of collective rights organizations throughout the 20th century has resulted in increased social costs and a burgeoning bureaucracy surrounding the collective use of rights.

This thesis considers the role of copyright tribunals within that process, and more importantly within a critical historical frame. While some work has been done with respect to copyright tribunals and their role in the policy process, none of it has considered the tribunals within a critical frame. This thesis considers those …


Royal Uncertainty: An In-Depth Analysis Of The Potential Affects Of Brexit On The U.K. Art Market, Ashley Solmer Jan 2016

Royal Uncertainty: An In-Depth Analysis Of The Potential Affects Of Brexit On The U.K. Art Market, Ashley Solmer

MA Projects

The United Kingdom, most notably London, has been known on the international commerce scene as a pivotal trade center for many centuries acting as a stepping stone from Europe to the Western World. Even though the economic importance of London can be dated back to early times, the inherent popularity of its art market only began flourishing in the late eighteenth century, riding on the back of the already established, but restrictive, art epicenter in Paris. The rise and prominence of Paris’ art market from 17th to 19th century eventually came to an end at the heels of …


Huntington Coin Collection And Donation Protection, Zhengcheng Li Jan 2016

Huntington Coin Collection And Donation Protection, Zhengcheng Li

MA Projects

Mr. Archer M. Huntington (1870-1955) was one of the greatest collector and donor in American history at the early 20th century. He was the founder of Hispanic Society of America and the president of American Numismatic Society. During his lifetime, he set up one of the most important Hispanic coin collection and donated all these coins to Hispanic Society of America in the meanwhile loaned to American Numismatic for study and research purpose. After he passed by, at 2008 Hispanic Society of America sued against America Numismatic Society for getting back the Huntington coin collection with other related documents and …


Success Strategies Saudi Entrepreneurs Used To Navigate Through Regulations In Jeddah, Farah Mehar Spencer Jan 2016

Success Strategies Saudi Entrepreneurs Used To Navigate Through Regulations In Jeddah, Farah Mehar Spencer

Walden Dissertations and Doctoral Studies

Saudi Arabian entrepreneurs face major difficulties with the country's complex regulatory system. Based on Schumpeter's theory of entrepreneurship, the purpose of this phenomenological study was to reveal the lived experiences of Saudi entrepreneurs in navigating regulatory procedures in Jeddah. Data were collected through prolonged, face-to-face phenomenological interviews with 22 Saudi businesspeople who started successful businesses. The van Kaam method and member checking helped validate the transcribed data, which were subsequently coded into 4 themes. Four themes emerged from the data analysis: (a) obstacles in regulatory processes, (b) lack of information, (c) cumbersome procedures and need for alternatives to stringent protocols, …


Assessing The Effectiveness Of Safety Training Provided To Corrections Personnel In Appalachia, Ali K. Al Yammahi Jan 2016

Assessing The Effectiveness Of Safety Training Provided To Corrections Personnel In Appalachia, Ali K. Al Yammahi

Online Theses and Dissertations

The context of the study was assessment of whether corrections officers in Appalachia are receiving adequate health and safety training who attended health and safety trainings sessions provided by the OSHA Training Institute and Education Center on the campus of Eastern Kentucky University. Participants included in the study were corrections officers who have been working in corrections for a minimum of two years. Participants were required to be working in Appalachian corrections during distribution of the questionnaire. Participants were selected by using convenience and snowball sampling procedures. The questionnaire was sent on 4 separate occasions, 10 of the expected 30 …


What The Sarbanes-Oxley Act Does Not Include: An Examination Of The Importance Of Audit Firm Rotation, Audit Firm Credibility And Tone At The Top, Nicole Damaschi Jan 2016

What The Sarbanes-Oxley Act Does Not Include: An Examination Of The Importance Of Audit Firm Rotation, Audit Firm Credibility And Tone At The Top, Nicole Damaschi

Honors Theses

This thesis is an examination of the Sarbanes-Oxley Act (SOX) that was passed in response to a wave of accounting frauds, including Enron and WorldCom. Paul Sarbanes and Michael Oxley established SOX in an attempt to restore investors' confidence in the financial statements of publicly traded companies. However, there are critical elements of financial reporting that it fails to address, like audit firm rotation, audit firm credibility and management's tone at the top. Mandatory audit firm rotation and credible audit firms are believed to result in high-quality audits while management's tone at the top is reflected through the honesty and …


Veterans First Contracting Program Preference Hierarchy: Effect On Veteran-Owned Small Business, Harry Parker Jan 2016

Veterans First Contracting Program Preference Hierarchy: Effect On Veteran-Owned Small Business, Harry Parker

Walden Dissertations and Doctoral Studies

U.S. Department of Veterans Affairs (DVA) leaders created a Veterans First Contracting Program (VFCP) under Public Law 109-461 to provide procurement opportunities for veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs). However, DVA leaders established a preference hierarchy that increased opportunities for SDVOSBs and decreased opportunities for VOSBs. Research was lacking regarding the effects of the preference policy on VOSBs as a distinct small business category. The purpose of this phenomenological study was to explore and understand the experiences of 20 VOSB owners actively enrolled in the VFCP from Maryland, Virginia, and District of Columbia. Through the lens …