Law Commons^™

Mirroring Reality? An Examination Of Popular Culture’S Depiction Of Female Attorneys In Contrast With The Female Attorney’S Real World, Jena Smith-Malfatti

Honors Theses

No abstract provided.

The Adversarial And Mediation Processes An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey

Sociology & Criminal Justice Theses & Dissertations

In recent years, the Juvenile and Domestic Relations Courts have seen increases in child custody disputes. This increase has caused many jurisdictions to seek alternatives to the traditional adversarial process. Mediation has attracted the most attention. Several jurisdictions such as Norfolk, Virginia, the one used in this study, now refer parents to mediation before the court will hear the case.

Unlike previous studies where divorce mediation was researched with child custody being one of the factors, this study examines the differences in the outcomes of the mediation and litigation processes used to solve only child custody disputes. The outcomes examined …

The Fourth Amendment: History And Development Of The Reasonable Search, Bradley L. Tilt

Undergraduate Honors Capstone Projects

The existence of the search and seizure restrictions encoded in the Fourth Amendment to the United States Constitution is the result of a two part historical development that took place simultaneously in England and the American colonies. Severe legislative restrictions on the press were largely responsible for the developments in England, while in the colonies it was British tax and trade regulations that spawned the changes. On both sides of the Atlantic, however, the primary catalyst was the government's use of general searches in the enforcement of those laws. It was the continued abuse of general searches despite the public's …

Trade Friction Between The United States And Japan: An Analysis Of The Situation In 1992, Mariko Hirano

Masters Theses

Trade friction between the United States and Japan is discussed and it is shown why negotiations like Structural Impediments Initiative Talks alone have not improved the trade relations between the two countries. This is not only because of fundamental cultural and economic differences, but because of significant differences in the interests of Japanese business, Japanese government, American business, and American government. The Japanese political system is described. A detailed description of Japanese conglomerated system (keiretsu) is presented. This conglomerate system is often viewed as a major obstacle by foreign companies to do business in Japan. The views of American politicians …

Judicial Decision Making And Public Opinion In The Warren And Burger Courts, Nancy L. Siemion

Masters Theses

For many scholars, the Warren Court is the epitome of antimajoritarian policy making since many of the Court's decisions overturned legislation passed by Representatives of the people. By examining nationwide public opinion polls in that era that ask the public their thoughts about particular issues the Warren Court has ruled on, it is evident that most of these rulings were truly majoritarian and received public approval. In addition, this thesis analyzes some recent studies that discern national attitudes with respect to government policy making (public mood), assessing congruity or incongruity between the Court's liberalism and public policy mood which provides …

The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr.

Theses and Major Papers

The controversy between Japan and Russia over the ownership of the Kuril Islands is a significant barrier to improved diplomatic relations in the Far Eastern region. Because of this dispute, Japan and Russia have not yet signed a peace treaty to formally end the second world war and neither side seems willing to make any significant concessions to reach a compromise. The issue of ownership of these islands has been a continuing focal point of Russo-Japanese relations since the two nations first made contact in the late eighteenth century. The various aspects of this dispute are complex and have continued …

Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi

Theses and Major Papers

This paper will examine the evolving role of the port State with regard to the enforcement of international safety of life at sea and pollution control standards and its effect on improving maritime safety and reducing vessel-source pollution. Chapter 2 will analyze the flag State enforcement regime, with particular emphasis on flags of convenience or open registries countries demonstrating the inadequacy of flag State enforcement and the need for port State control. Chapter 3 will examine the concept and legal requirements of the port State control regime. Chapter 4 will focus on the role of the port State with respect …

Wellness Programs In Police Departments And How They Effect Workers' Compensation Claims, Herbert G. Mckee Jr.

Theses Digitization Project

No abstract provided.

The Effect Of The Provision Of Certain Treatment Programs On Length Of Stay For 1370 Commitments, Brooks Benjamin Roll

Theses Digitization Project

No abstract provided.

Battered Women Who Kill: Perspectives Of Prosecutors Who Have Tried "Burning Bed" Cases, Gena Christine Philibert-Ortega

Theses Digitization Project

No abstract provided.

Japanese Juvenile Justice: An Exploratory Look, Kym Rutherford

Honors Theses

"Among industrialized nations, Japan has the lowest crime rate and is considered to have one of the best criminal justice systems in the world" (Thorton, 1992, p. 471). If this statement is true, what can the United States learn from Japan about crime reduction? Discussion shall focus on the chosen topic of juvenile justice. Two key questions arise when dealing with the overriding question of what the United States can learn from the Japanese justice system. First, what are the cultural factors that influence juvenile crime behavior in Japan? Second, how do the Japanese respond to their juvenile delinquents?

Voting Rights, Reapportionment, And Majority-Minority Districts, Christy Tosh

Honors Theses

The challenge is to navigate the untrodden area of reapportionment, in particular majority-minority districts. The Supreme Court has ruled in various reapportionment cases, yet these cases continue to plague the dockets of the United States Supreme Court. The focus of research is to evaluate the new phenomenon of majority-minority districts as it has progressed through constitutional amendments, civil and voting rights acts, and Supreme Court cases, all of which culminate in the 1992 elections. The 1990 Census and reapportionment were the birth of majority-minority districts. In creating these districts, one must look at the most effective percentage breakdowns in each …

Comprehension Of Miranda Rights By 14-18 Year Old African-American And Caucasian Males With And Without Learning Disabilities, Barbara Anne Zaremba

Dissertations, Theses, and Masters Projects

According to a nationwide study completed by the National Center for State Courts in 1980, apprehended juveniles are usually notified of their Miranda rights at various times from the point of contact with the police through and including the adjudicatory hearing. If the juvenile desires to relinquish those rights, he/she is required to sign a document attesting to his/her understanding of and wish to waive those rights. This descretionery privilege places the juvenile on the same Constitutional footing as an adult.;The purpose of this study was to examine the comprehension of Miranda rights by a sample population of juveniles within …

The Governorship Of Bob Riley, Brian Stanford Miller

Honors Theses

Without a backward glance Bob Riley, his wife, Claudia, and their daughter, Megan negotiated the Capitol stairway to the bottom floor, while above them in the House chamber legislators waited for the arrival of the 39th governor of Arkansas. At the bottom of the steps Vaughn Webb, an aide in the Secretary of State's office, presented Riley with an Arkansas state flag that had flown that morning of January 14, 1975, while several admirers applauded from the second floor railing above. Riley then left for Arkadelphia, where he would resume his role as head of the Political Science department at …

The Regular Education Initiative In Light Of Selected State And Federal Court Decisions, Frederick C. Kubicek

Masters Theses

This study begins with a general categorization of the various positions which comprise the ‘Regular Education Initiative.’ The first of these three categories, entitled the 'Little Change' model, calls for the least number of changes within the current delivery system of special education services. The second, the 'Extreme change' model, calls for the total dismantling of the present 'dual delivery' system. The third general heading is that of the 'Moderate change' model. This position calls for a substantial reduction in the number of students being served by 'pull out' programs. These three positions were then analyzed in light of twenty …

Changes Implemented Pursuant To The Insanity Defense Reform Act: Effect On Trial By Jury Outcome, Kathleen Dring

Dissertations, Theses, and Masters Projects

No abstract provided.