Law Commons^™

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Integrated Project Delivery (Ipd): A Contractual Framework For The Egyptian Construction Industry, Sarah Hussain

Theses and Dissertations

This abstract highlight the significant findings and contributions of the study, which aimed to develop model clauses specifically tailored to the Egyptian construction industry for multi-party construction contracts. The research methodology encompassed several key components. Firstly, a comprehensive literature review was conducted to explore the various construction delivery methods prevalent in Egypt. This review provided a solid foundation for understanding the existing practices and identifying areas for improvement. The study also delved into the concept of Integrated Project Delivery (IPD) and its potential benefits as well as an analysis of the commonly used standard forms of contract and successful case …

The Exigency And How To Improve And Implement International Humanitarian Legislations More Advantageously In Times Of Both Cyber-Warfare And Cyberspace, Shawn J. Lalman

Doctoral Dissertations and Master's Theses

This study provides a synopsis of the following topics: the prospective limiters levied on cyber-warfare by present–day international legislation; significant complexities and contentions brought up in the rendering & utilization of International Humanitarian Legislation against cyber-warfare; feasible repercussions of cyber-warfare on humanitarian causes. It is also to be contended and outlined in this research study that non–state actors can be held accountable for breaches of international humanitarian legislation committed using cyber–ordnance if sufficient resources and skill are made available. It details the factors that prosecutors and investigators must take into account when organizing investigations into major breaches of humanitarian legislation …

Implications Of Good Faith In Construction Contracts, Nadine Rashed

Theses and Dissertations

The principle of good faith is making inroads and continues to significantly impact various contractual arrangements. In most civil legal systems, good faith is present as a core principle. Nevertheless, its definition is beyond doubt scarce in the construction industry. However, the common law lacks the good faith obligations. Good faith is one of the fundamental principles that impact the contractual obligations between the contracting parties. This paper creates an urge to address the implications of good faith on construction contracts in the pre-contract and post-contract award stages. Therefore, the paper’s objective is to propose a legal/contractual clause that meets …

An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk

Theses and Dissertations

The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …

Science, Technology, Engineering, And Mathematics (Stem) Project-Based Learning (Pbl) Education: A New Mexico Case Study For Equity And Inclusion, Kimberly A. Scheerer

Teacher Education, Educational Leadership & Policy ETDs

This research addresses how student participation in Science, Technology, Engineering, and Mathematics (STEM) project-based learning (PBL) education activities encourages underrepresented minority student achievement in STEM career field trajectories. Seven New Mexico high school counselors and 12 STEM organization personnel were interviewed during this study. Their responses represent the nuanced professional voices where New Mexico public education intersects with STEM student interest and cultural influence.

For students, STEM PBL can foster deep integration across educational disciplines and enhance STEM career trajectory interest and readiness. STEM education converged with PBL methodologies has the ability to leverage community support while broadening student networks. …

A Socio-Economic Analysis Of Automated Container Terminal (Act) Concept In Indonesia : Case Study : New Priok Container Terminal One, Febri Triana Hartami Siagian

World Maritime University Dissertations

No abstract provided.

Legal Characterization Of The Challenges Faced By The Construction Industry During Covid-19 And Devaluation Of The Egyptian Pound, Riham Abuzaid

Theses and Dissertations

With all the challenges this past decade has inflicted on the economy on a global scale, Egypt had its share with two major events, starting with the Egyptian pound devaluation against the U.S dollar in 2016 and currently the emergence of the COVID-19 pandemic. These major events instigated the interference of the legal/contractual sectors in the construction market to find solutions that range from agreeable to stringent to protect the assets of their beneficiaries.

Both events are impactful and require extensive analysis to determine and classify each situation. This thesis addresses the implementation of standard internationally acknowledged legislative acts used …

Investigating Student Interest In The Addition Of A Construction Law Topics Course, Flint D. Merrill-Gehrke

Construction Management

In the Construction Management program, our goal is to prepare for the responsibilities imposed upon us during a construction project. A major responsibility among these is navigating the complex legal relationships inherent to a construction project. While Cal Poly offers one Construction Law course, students are underprepared for what they will face. This project is designed to gauge interest from the Cal Poly Construction Management student body in the addition of a Construction Law topics course. It also aims to understand if additional legal studies would better prepare students for their entrance into the industry. Students were asked to answer …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

Environmental Justice Issues And Sea Level Rise In Frontline Communties Along The Gulf Coast, Karla Michel Lopez

Open Access Theses & Dissertations

Sea level rise poses a great threat to coastal areas and our way of life. As flooding increases in frequency and intensity across the country, vulnerable populations become a target to its impacts. The U.S. dedicates much research to risk communication and climate change adaptation strategies; however, these coastal areas are home to a large percentage of underserved and underrepresented communities that can be challenging to meaningfully engage. The impacts of short-term sea level rise combined with long-term sea level rise will not only cause flooding, erosion, and intrusion of saltwater into freshwater resources but also increased financial consequences, such …

Development Of A Topics Course For Construction Law, Julia C. Hoever

Construction Management

The Cal Poly Construction Management program is designed to prepare students heading into the construction industry for daily management tasks. With construction comes many legal aspects integrated into a project’s operations. Though the curriculum includes a contract law course, a gap exists with a minimal number of classes that address the array of legal matters the construction industry must be versed in. Working with faculty member, Thomas Kommer, J.D., there is a need for a course that expands on these varying legal topics. In order to determine the specific topics that would impactfully benefit and educate Cal Poly Construction Management …

In The Context Of Unmanned Vessels : Obstacles To The Application Of Colregs And Suggestions For Its Amendments, Baochuan Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

The Challenges Of Applying Computational Legal Analysis To Mhealth Security And Privacy Regulations, Brian Tung

McKelvey School of Engineering Theses & Dissertations

As our world has grown in complexity, so have our laws. By one measure, the United States Code has grown over 30x as long since 1935, and the 186,000-page Code of Federal Regulations has grown almost 10x in length since 1938. Our growing legal system is too complicated; it’s impossible for people to know all the laws that apply to them. However, people are still subject to the law, even if they are unfamiliar with it. Therein lies the need for computational legal analysis. Tools of computation (e.g., data visualization, algorithms, and artificial intelligence) have the potential to transform civic …

Formulación De Lineamientos Para La Evaluación Control Y Seguimiento Ambiental De Los Proyectos Turísticos Especiales De Gran Escala En Colombia, Juliana Andrea Moreno Granados, Luz Angelica Olave Hurtado, Ingrid Dayanna Parra Espinosa

Ingeniería Ambiental y Sanitaria

El presente trabajo de investigación tiene como fin la formulación de lineamientos para la evaluación, control y seguimiento ambiental de los Proyectos Turísticos Especiales de Gran Escala (PTE) en Colombia, para ello la investigación se desarrolló en tres fases. En la primera, el Diagnostico Preliminar, se identificaron las características y requerimientos ambientales exigibles de tres proyectos turísticos en Colombia, estos son: el Parque Nacional del Café (Quindío), Parque Temático Hacienda Nápoles (Antioquia) y Parque Nacional del Chicamocha – PANACHI (Santander) los cuales presentan un impacto socioeconómico y reconocimiento en el sector turístico. En la segunda fase, denominada Evaluación de Lineamientos …

Assessment Of Contract Terms And Conditions For Lump-Sum Contracts, Omar Othman

Theses and Dissertations

A Contract is a tool that defines the obligations of the contracting parties and assigns the risk between them. Contracts are usually drafted to meet the interests of the owner by addressing the legal issues and liabilities. Meanwhile, less emphasis is placed on clearly communicating the contract terms and ensuring that all contracting parties comprehend their risks and obligations. In a country like Egypt, which has faced drastic economic and political changes in the past few years, and yet is experiencing a boom in the construction sector, many developers tend to draft contracts that might be legally complicated or lacks …

An Empirical Analysis Of Dod Construction Task Order Performance, Adam B. Teston, Tyler S. Stout

Theses and Dissertations

Cost and schedule overrun plague over 50 of all construction projects, engendering diminished available funding that leads to deferred maintenance and impaired award ability for needed projects. Though existing research attempts to identify overruns sources, the results are inconclusive and frequently differ. Accordingly, this research reviews DoD construction contract data from the past ten years to identify the contract attributes of 79,894 projects that correlate with superior performance for use in future project execution. This research starts with creating a database that houses the largest single source of construction contract information. The research then evaluates the data to determine if …

Subcontractor Claim Management And Dispute Resolution Methods In The State Of California Versus The Province Of British Columbia: A Case Study, Harrison A D Grant

Construction Management

In the construction industry, discordance between what is expected versus what is delivered often arises. This disparity is commonly handled using informal negotiation. However, if negotiations fail, then claims and disputes often emerge. Issues involving scope of work, change orders, schedule, and payment can lead to conflicts. Companies try to employ the best alternative dispute resolution method to settle subcontractor claims and disputes without the need for litigation. Speaking with construction professionals in California and British Columbia, a difference in opinion exists as to which method is considered most effective when dealing with subcontractor claims and disputes. In California, the …

Global Privacy Concerns Of Facial Recognition Big Data, Myranda Westbrook

Honors Theses

Facial recognition technology is a system of automatic acknowledgement that recognizes individuals by categorizing specific features of their facial structure to link the scanned information to stored data. Within the past few decades facial recognition technology has been implemented on a large scale to increase the security measures needed to access personal information. This has been specifically used in surveillance systems, social media platforms, and mobile device access control. The extensive use of facial recognition systems has created challenges as it relates to biometric information control and privacy concerns. This concern raises the cost and benefit analysis of an individual’s …

Black Lives Matter In Engineering, Too! An Environmental Justice Approach Towards Equitable Decision-Making For Stormwater Management In African American Communities, Maya Elizabeth Carrasquillo

USF Tampa Graduate Theses and Dissertations

The United States and the world have recently been challenged with the disparate effects of COVID-19 and the continual killings of unarmed Black men and women across the nation. A history of anti-black racism has led to systemic structures of inequity that thread throughout institutions and communities across the nation. This environmental engineering research comes at a time when understanding how to effectively engage in, and with Black communities is at the forefront of discourse in academia, utilities and private sector.

In 2018 the Brookings Institute published a report on workforce in the water sector demonstrating the lack of diversity …

Analysis Of Crashes Involving First Responder Vehicles, Josie Gray

Doctoral Dissertations and Master's Theses

First responders face many hazards that put their lives at risk while on duty. A review of the National Law Enforcement Officers Memorial Fund statistics shows that 553 police officers died in the line-of-duty between 2008 and 2017 as a direct result of a traffic related incidents. Sadly, the nation’s first responders are exposed to factors which make them uniquely vulnerable to traffic related injuries and deaths. The goal of this research is to investigate and analyze crashes involving first responder vehicles and struck-by crashes. This project concludes that approximately 1.2% of the crashes in the state of Florida involve …

A Comparison Of Sbir Investment Methods: Afwerx Vs Legacy, Evan A. Gist

Theses and Dissertations

The AFWERX Open Topic (AOT) program uses funding from the United States Air Force’s (USAF) Small Business Innovation and Research (SBIR) budget to adapt commercial technology to USAF needs. The AOT approach to small business investment is markedly different from that of legacy SBIR investment methods. This research is a comparison of processes and outcomes for AOT and legacy SBIR. The first axis of comparison is on commercialization rates. Applying a legacy definition of commercialization on a sample of AOT contracts, we found AOT’s commercialization to be 37% (compared to an 8.8% for legacy SBIR). We caveat this finding by …

Liability Of The Structural Engineer: Establishing, Quantifying, And Managing Risks, Justin Thomas Ittmann

LSU Doctoral Dissertations

Liability is an important topic to all practicing professionals—including practicing engineers. However, the topic of liability does not receive the necessary attention required relative to other professions. Further, engineers that desire to learn more about liability in relation to their practice do not have many university options within an engineering curriculum or from outside materials available to a non-legally trained engineer. The goal of the study is to provide a comprehensive overview of liability directed towards an intelligent practicing engineer, while avoiding unnecessary over-simplification of the material. This study initially provides an in depth survey of the legal standard of …

Efficient Privacy-Aware Imagery Data Analysis, Yifan Tian

Doctoral Dissertations and Master's Theses

The widespread use of smartphones and camera-coupled Internet of Thing (IoT) devices triggers an explosive growth of imagery data. To extract and process the rich contents contained in imagery data, various image analysis techniques have been investigated and applied to a spectrum of application scenarios. In recent years, breakthroughs in deep learning have powered a new revolution for image analysis in terms of effectiveness with high resource consumption. Given the fact that most smartphones and IoT devices have limited computational capability and battery life, they are not ready for the processing of computational intensive analytics over imagery data collected by …

Markov Decision Process Approach To Strategize National Breast Cancer Screening Policy In Data-Limited Settings, Vijeta Deshpande

Masters Theses

Early diagnosis is a promising strategy to reduce premature mortalities and for optimal use of resources. But the absence of mathematical models specific to the data settings in LMIC’s impedes the construction of economic analysis necessary for decision-makers in the development of cancer control programs. This thesis presents a new methodology for parameterizing the natural history model of breast cancer based on data availabilities in low and middle income countries, and formulation of a control optimization problem to find the optimal screening schedule for mammography screening, solved using dynamic programming. As harms and benefits are known to increase with the …

Machine Learning With Multi-Class Regression And Neural Networks: Analysis And Visualization Of Crime Data In Seattle, Erkin David George

Honors Projects

This article examines the implications of machine learning algorithms and models, and the significance of their construction when investigating criminal data. It uses machine learning models and tools to store, clean and analyze data that is fed into a machine learning model. This model is then compared to another model to test for accuracy, biases and patterns that are detected in between the experiments. The data was collected from data.seattle.gov and was published by the City of Seattle Data Portal and was accessed on September 17, 2018. This research will be looking into how machine learning models can be used …

Liquidated Damages: An Analysis Of Their Use And Effectiveness, Alfredo N. Aragon

Construction Management

A construction company’s success and/or failure is dependent upon project completion with respect to time and budget. Failure to meet the contract completion date results in a loss of profit for owners and contractors alike. In order to help mitigate project delays, liquidated damage clauses have been included into construction contracts. Incorporating provisions within the construction contracts in the form of liquidated damages aims to help shift the financial burden when there is a failure to meet contractual obligations, hopefully offering quick compensation for delays. Unlike general or actual damages, liquidated damages are pre-defined and agreed upon prior to entering …

Stability In Government, Emerging Technology, And Decentralized Economies: An Analysis Of Alternative Uses Of Cryptocurrencies, Mickayla Stogsdill

Chancellor’s Honors Program Projects

No abstract provided.

Procure-To-Pay Software In The Digital Age: An Exploration And Analysis Of Efficiency Gains And Cybersecurity Risks In Modern Procurement Systems, Drew Lane

MPA/MPP/MPFM Capstone Projects

Procure-to-Pay (P2P) softwares are an integral part of the payment and procurement processing functions at large-scale governmental institutions. These softwares house all of the financial functions related to procurement, accounts payable, and often human resources, helping to facilitate and automate the process from initiation of a payment or purchase, to the actual disbursal of funds. Often, these softwares contain budgeting and financial reporting tools as part of the offering. As such an integral part of the financial process, these softwares obviously come at an immense cost from a set of reputable vendors. In the case of government, these vendors mainly …

Regulatory Methodology And Unmitigated Wetland Loss In Southwest Florida, Kathleen B. Castor

USF Tampa Graduate Theses and Dissertations

This research used Geographical Information System (GIS) data to estimate the acreage of wetland loss due to small-scale activities (taking into account exempt, permitted, and unauthorized activities) in the Southwest District of the Department of Environmental Protection (DEP) between 2006 and 2011 and compared that net loss with the unmitigated wetland net loss that DEP documented during that time for authorized activities and violations that were discovered. The comparison allowed an estimation of the extent of undocumented small-scale unmitigated wetland loss that occurred during those six years. DEP records show that 88% of non-compliance cases remain unresolved, and the net …