Law Commons^™

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent changes in VAWA allows tribes – for the first time – to prosecute non-Indians for intimate partner violence. In order to do so, however, tribes have to first meet specific federal mandates. Implementation of federal regulatory policy by American Indian tribes is a dynamic and complex process but there is a dearth of information on the challenges tribes face or on factors that would facilitate successful implementation at the tribal level. This legislation has filled a serious gap in tribal jurisprudence but not all tribes are able to meet requirements, which include having specific legal codes and justice resources. …

Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis

UNLV Theses, Dissertations, Professional Papers, and Capstones

Abstract

The recent tightening of military budget constraints has called into question the feasibility of costly multilateral naval intervention used to combat maritime piracy off the eastern coast of Africa. Though past studies agree that the transformation of the Somali economy and government is crucial for a long-term solution to piracy in this part of the world, short to medium-run solutions are needed to bridge the gap. Such solutions should be fiscally sensible and serve as effective deterrents, as well as be applicable in addressing the problem of piracy and maritime armed robbery in other parts of the globe.

In …

Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen

UNLV Theses, Dissertations, Professional Papers, and Capstones

An experiment was conducted to test the effects of evidence complexity and laboratory type on jurors' perceptions of forensic evidence. The study specifically focused on three types of labs: public labs, private labs, and "corporate labs." Public labs are managed by a federal, state, or local law enforcement agency, where evidence is usually analyzed internally at an agency. Private labs are those that have been formed as private businesses to provide services to federal, state, and local crime labs with overflow work. Corporate labs are managed by major retail corporations, and primarily service the needs of their store businesses, but …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

Driving Forces: Factors Affecting Police Officer Injuries In Motor Vehicle Incidents In The United States, Carol Servino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Traffic-related incidents were the leading cause of fatal injuries to officers in 14 of 15 years between 1997 and 2012. Vehicle crashes occur at the individual officer level, but chiefs are responsible for agency performance, creating and implementing police policy, and developing organizational culture. This quantitative survey research study draws from organizational culture theory and asks chiefs in state, county, and city police organizations what they believe are salient factors in crashes causing injuries and death to police officers in the United States. Independent variables include safety belt laws, written driving policies (including communication technology commonly used in police vehicles), …

The Effect Of Casino Tax Policy On Short-Run Gaming Development, Kahlil Philander

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the effect of casino tax rate structure on investment by casino operators. Using a panel data set consisting of all states with legal commercial casino gambling from 1998 to 2009, a fixed-effect model with two-stage least squares is estimated to examine the effect of gambling taxes on firms' short-run behavior. The study finds that maximum casino tax rates decrease casino employment, with an estimated average elasticity of -0.5. This result is noted to be robust to several different model specifications and data subsets. No robust relationship is found between maximum tax rates and casino wages. No significant …

Caught In The Immigration Cross-Fire: The Changing Dynamics Of Congressional Support For Skilled Worker Visas, Maryam Tanhaee Stevenson

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project examines the congressional politics associated with legislation on skilled foreign workers, specifically the H-1B visa which was created by the Immigration Act of 1990. It attempts to explain why legislative policies were successful on a small scale between 1998 and 2004 and completely unsuccessful after 2004.

Specifically, this study is a longitudinal qualitative analysis that uses Krehbiel's pivotal politics model (1998), Cox and McCubbins' party politics models (2005; 2007), Sinclair's (2007) unorthodox lawmaking theory, and Gilmour's (1995) strategic disagreement model to explain four key periods of H-1B legislation: (1) the passage of the Immigration Act of 1990; (2) …

Implementing A State Lottery In Nevada, Benjamin K. Boulton

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study is to assess the feasibility of implementing a state lottery in Nevada and to present the benefits of a state lottery for both the Nevada hospitality industry and the Nevada economy. It will compare and contrast the arguments for and the arguments against a lottery by executing a content analysis of existing research literature as well as other relevant publications. It will also examine the history of lotteries, the states that border Nevada and have lotteries and the legislative history of lottery proposals in Nevada.

State Juvenile Justice Spending Decisions: The Effects Of Federal Aid, Race, Politics, And Other Socioeconomic Factors, Willie B. Coleman Smith

UNLV Theses, Dissertations, Professional Papers, and Capstones

Historically, juvenile justice in the United States has been the responsibility of state governments with limited federal support. There is a notable gap in the empirical literature on factors that affect funding policies for state juvenile justice programs. In this dissertation research, I used two theoretical perspectives to examine determinants of juvenile justice spending: economic theory on intergovernmental aid and tenets of the Politics of Social Order Framework, developed by Stucky, Heimer, and Lang (2007) to investigate corrections spending. Two research questions were considered: 1) What impact does federal aid have on state spending on juvenile justice programs? and 2) …

The Impact Of Regulating Social Science Research With Biomedical Regulations, Brenda Braxton Durosinmi

UNLV Theses, Dissertations, Professional Papers, and Capstones

The Impact of Regulating Social Science Research with Biomedical Regulations Since 1974 Federal regulations have governed the use of human subjects in biomedical and social science research. The regulations are known as the Federal Policy for the Protection of Human Subjects, and often referred to as the "Common Rule" because 18 Federal agencies follow some form of the policy. The Common Rule defines basic policies for conducting biomedical and social science research. Almost from the inception of the Common Rule social scientists have expressed concerns of the policy's medical framework of regulations having its applicability also to human research in …

An Analysis Of First Amendment Jurisprudence On The Supreme Court Case Of Locke V. Davey, Alexander John Herzog

UNLV Theses, Dissertations, Professional Papers, and Capstones

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of Locke v. Davey 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution.

This study is a historical case study analyzing the Supreme Court jurisprudence regarding legal issues concerning the issuance of state funded scholarships for the purpose of religious studies. A complete legal study was conducted that included a review of all relevant court cases, court filings, legal journals and legal briefs.

A micro legal …

City Of Las Vegas Detention And Enforcement Commission On Accreditation Of Law Enforcement Accreditation Program Evaluation Report, Karen Kelly, Cecelia Mcneely, Sandy Seda

UNLV Theses, Dissertations, Professional Papers, and Capstones

The City of Las Vegas Detention and Enforcement (CLVDE) is a highly efficient, professionally managed, unique law enforcement agency. The CLVDE has a multifaceted mission and is responsible for providing diverse law enforcement, patrol, code enforcement and support services for the City of Las Vegas. The agency is comprised of several operational divisions: A city Jail, an Animal Control division, Parking Enforcement and the Marshals (police). For many years, the CLVDE, has enjoyed the unique distinction of being a "Triple Crown" accredited agency1. The agency currently has attained accreditation status from several nationally recognized professional organizations such as: The American …

City Of Las Vegas Detention And Enforcement Accreditation Evaluation Program, Daniel Bennett

UNLV Theses, Dissertations, Professional Papers, and Capstones

The City of Las Vegas, Detention and Enforcement is a law enforcement organization that is significantly unique in its mission and organization. On March 15, 1982, the City of Las Vegas determined that, due to extreme overcrowding at the Las Vegas Metropolitan Police Departments holding facility, it was time to create the Las Vegas Department of Detention and Correctional Services. As the population of Las Vegas continued to grow, the Las Vegas Department of Detention and Correctional Services also increased in both size and degree of responsibilities. In 1986, the Las Vegas Park Rangers were absorbed and became the law …

City Of Las Vegas Municipal Court House Arrest Program Evaluation, Karen Coyne, Michele Hornstein, Timothy Shattler

UNLV Theses, Dissertations, Professional Papers, and Capstones

The City of Las Vegas operates a municipal detention facility, primarily housing offenders who have committed misdemeanor crimes within the 130 square miles of the Las Vegas City limits. Similar to many jurisdictions, within the State of Nevada, but also across the Country, the offender population is on the rise. The City’s inmate population has grown steadily at a rate of 10%, annually, for five years. This trend, when calculated as a future projection, suggests the City must be prepared for the misdemeanant population to swell from its current daily average of 1144 to more than 3000 inmates by the …

Policy Analysis Of The Victim Offender Restitution Program, Veronica Damon, Marie Bostick, Lamont Mcgary

UNLV Theses, Dissertations, Professional Papers, and Capstones

Both the criminal justice and the juvenile justice systems have experienced increased strain due to criminal acts committed by juveniles. Many experts suggest that one way to ease the burden of the courts can be found in the theory of restorative justice. Most often the juvenile justice system is most concerned with the risk and needs of youthful offenders without significant consideration for the victims. A key component in the restorative justice theory is victim offender mediation which seeks to reduce the impact of crime on victims and the community. Clark County, Nevada has one such program, the Victim Offender …

Impacts Of The Tax Shift Of 1981: An Examination Of Nevada Local Governments, Philip F. Stoeckinger

UNLV Theses, Dissertations, Professional Papers, and Capstones

The 1981 Nevada Legislature reduced property tax rates in what is known as the “Tax Shift”, whereby cities and counties received less property tax revenue and more sales tax revenue. Nevada made this change to mirror California Proposition 13, along with over forty states nationwide. Furthermore, the property tax rates that could be levied by local governments were “capped.” Nevada also became the only state to depreciate improvements (buildings) in determining the value of property (Tax Topics, 2001). In doing the preceding, Nevada moved from basing its revenue structure on a stable revenue source (property tax), to an unstable revenue …

Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio

UNLV Theses, Dissertations, Professional Papers, and Capstones

No abstract provided.

Examining The Basis For Change In Clark County Non-Conforming Zone Change Process, Was It Needed?, Maria D. Kaseko

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study reviews Clark County's non-conforming zone change process from 1990 to 2002. A non-conforming zone change, sometimes known as a non-conforming zone boundary amendment is a proposed request that is not within the range of residential densities and/or non-residential intensities indicated on the applicable land use plan map, master plan, or concept plan. This research explores and examines two questions raised by the Clark County's new implementation plan, which was approved in April 2003 to amend the non-conforming zone change process. 1) Clark County assumed there was a public perception that non-conforming zone changes were being approved without regard …

Recruiting And Selection Of Police Officers: A Case Study Of The Clark County School District Police Department, Anthony A. York

UNLV Theses, Dissertations, Professional Papers, and Capstones

This paper is a case study of the Clark County School District (CCSD) Police Department recruitment and selection process. The case study examines and evaluates the human resource function in the recruiting and hiring of police officers. The case study addresses the issue of line-staff relations and how it was best resolved in this organization in order to effectively recruit and select CCSD Police Officers. The paper addresses the historical, structural, and philosophical factors of the Clark County School District Police Department in discussing the possible organizational strategies for recruiting and selection of police officers. This paper uses a specific …

Racial Profiling And Mandatory Data Collection In Nevada: How Will Law Enforcement Respond?, Gregory M. Roehm

UNLV Theses, Dissertations, Professional Papers, and Capstones

Selected Nevada law enforcement officers participated in the mandatory collection of traffic stop data in the calendar year 2002. The requirement was a temporary one-year study mandated by the 2001 Nevada Legislature. The primary objective of this paper is to provide insight into the behavioral response of law enforcement with respect to mandatory data collection. Data for this study was obtained from the use of a self-administered mail survey from law enforcement officers from five of the nine Nevada police agencies required to collect traffic stop data. Responses from 399 Nevada law enforcement officers surveyed (A response rate of 65 …

College Sports Wagering: A Case Study About Gambling On College Athletics And The Motivations And Consequences Surrounding Legislation Wanting To Ban Wagering On College Sports, Neil H. Huffey

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sports wagering is the largest form of gambling in the world. In the United States, the practice is largely illegal. Nonetheless, it has sustained incredible growth both legally and illegally throughout the twentieth century. Current legislation in Congress would revise a 1992 federal law that banned legal sports wagering in this country with the exemption of four particular states, Nevada included. The state of Nevada is the only place in which wagering on college sports is legally practiced. The State of Oregon runs a small sports betting game out if its lottery. Proponents of the legislation suggest that passage is …

A Case Study Of Process Servers In Clark County, Nevada In The District Attorney Criminal Division, Amy M. Meedel

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 1996 the job classification of Process Server was created in the Clark County District Attorney Criminal Division in Las Vegas, Nevada. It was implemented by DA Stewart L. Bell as a cost-saving measure meant as a reclassification of the position of Investigator. Since the initial job posting, the duties appropriate to the position of Process Server have been and remain in question. No written, measurable job performance standards have been established and no consistent training or supervision provided. A review of the literature suggests wide variance in what may be considered appropriate job duties for this classification, though the …

A Study Of Issues Related To Privatization Of Workers’ Compensation In Nevada, Kathryn A. Mack

UNLV Theses, Dissertations, Professional Papers, and Capstones

The key purpose of this study is to examine and evaluate current legislative initiatives for reform of workers’ compensation in Nevada. The examination will focus on issues relating to open competitive markets, market pricing, privatization of a state fund, and cost controls that have affected workers’ compensation in the state. The methods used in this paper include an in-depth examination of legislative statutes that have been enacted to control spending. Also, included is a review of literature that relates to privatization of state funds, and issues that are inherent in the transition from a state agency to private enterprise. Key …

Do User Fees Violate Nonmember Rights?, Jerry Hartman

UNLV Theses, Dissertations, Professional Papers, and Capstones

User fees are moneys charged non-union members by their representative union for the purpose of processing grievances. The non-member has to request the union to represent them in order for the union to do so. They may also hirer private representation at their own cost. User fees violate the intent of right-to-work laws in Nevada. The Nevada Local Government Employee-Management Board was wrong when they allowed Union/Local 1107 to charge such fees. The "Executive Board Policy" posted by Local 1107 on union bulletin boards announcing the fees for representation was coercive and discriminatory. According to survey, 40% of the respondents …

Nevada Procurment Laws For Computer Related Items For Public Agencies, Rick Hunsaker

UNLV Theses, Dissertations, Professional Papers, and Capstones

The Nevada procurement laws for public agencies generally require open, competitive bidding for any item that exceeds $10,000. Public agencies are also required to accept the lowest "responsive" and "responsible" bid. A "responsive bid is one which has addressed all the requirements of the bid documents. All forms must be properly completed and signed. A "responsible" bid is one in which the bidder proves the ability to perform the contract and has the resources to fulfill all the requirements of the contract. If a bidder fails to comply with all of the requirements in the contract documents, then the agency …