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Full-Text Articles in Law

Master’S Project: Vermont Town Forest Recreation Planning And Community Assistance Program: The Future Of Forest-Based Outdoor Recreation, Taylor M. Luneau Jan 2019

Master’S Project: Vermont Town Forest Recreation Planning And Community Assistance Program: The Future Of Forest-Based Outdoor Recreation, Taylor M. Luneau

Rubenstein School Masters Project Publications

The Vermont Town Forest Recreation Planning Community Assistance Program (VTFRP) was a comprehensive community planning process held in ten diverse towns across Vermont. Led by the Urban and Community Forestry Program and the SE Group, the VTFRP helped towns develop a vision for the future management of their forests through open house workshops, site visits, steering committee meetings, and community surveys. The process provided towns with a forest recreation planning toolkit and an individualized action-based forest stewardship and recreation plan. By analyzing data from the community surveys and open house activities across all ten towns, my project considered the recreation ...


Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider Dec 2018

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What ...


Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder Dec 2018

Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder

Electronic Theses and Dissertations

Sex trafficking is a grossly misconstrued and increasing issue within the United States. The purpose of this study was to extend current knowledge regarding the public’s education on domestic sex trafficking and perceptions of domestic sex trafficking victims. The public’s awareness of domestic sex trafficking and perceptions of domestic sex trafficking victims were examined through the utilization of a 31 closed-ended question survey. The survey included questions about domestic sex trafficking and prostitution myths, domestic sex trafficking victim characteristics, domestic sex trafficking legislation, law enforcement’s involvement in domestic sex trafficking cases, and demographics. The sample consisted of ...


Revolution In Crime: How Cryptocurrencies Have Changed The Criminal Landscape, Igor Groysman Dec 2018

Revolution In Crime: How Cryptocurrencies Have Changed The Criminal Landscape, Igor Groysman

Student Theses

This thesis will examine the ways in which various cryptocurrencies have impacted certain traditional crimes. While crime is always evolving with technology, cryptocurrencies are a game changer in that they provide anonymous and decentralized payment systems which, while they can be tracked in a reactive sense via the blockchain, are seen by criminals as having better uses for them than traditional fiat currencies, such as the ability to send money relatively fast to another party without going through an intermediary, or the ability to obscure the origin of the money for money laundering purposes. Every week there are new cryptocurrencies ...


A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne Nov 2018

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals ...


An Analysis Of The Need For A Pilot Civil Liability Restriction System In South Korea For Marine Safety, Jae Kun Lim Nov 2018

An Analysis Of The Need For A Pilot Civil Liability Restriction System In South Korea For Marine Safety, Jae Kun Lim

World Maritime University Dissertations

No abstract provided.


The Development Of Interagency Cooperation Amongst Frontex, Emsa And Efca In The Light Of The European Legislation And Policy, Eleni Kelmali Nov 2018

The Development Of Interagency Cooperation Amongst Frontex, Emsa And Efca In The Light Of The European Legislation And Policy, Eleni Kelmali

World Maritime University Dissertations

No abstract provided.


An Analysis Of The Delegation Of Authority To The Recognised Organisations Acting On Behalf Of The Flag State: A Case Study On The Togolese Flag, N'Hoboutoun Santa Nov 2018

An Analysis Of The Delegation Of Authority To The Recognised Organisations Acting On Behalf Of The Flag State: A Case Study On The Togolese Flag, N'Hoboutoun Santa

World Maritime University Dissertations

No abstract provided.


Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force: Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe Nov 2018

Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force: Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe

World Maritime University Dissertations

No abstract provided.


The Impact Of Ballast Water Management Convention On Seafarers Work Practices, Phanuwat Phiwphan Nov 2018

The Impact Of Ballast Water Management Convention On Seafarers Work Practices, Phanuwat Phiwphan

World Maritime University Dissertations

No abstract provided.


Implementation And Enforcrment Of The Ism Code In The Ethiopian Maritime Safety Administration, Lidya Kassahun Belete Nov 2018

Implementation And Enforcrment Of The Ism Code In The Ethiopian Maritime Safety Administration, Lidya Kassahun Belete

World Maritime University Dissertations

No abstract provided.


Maritime Cargo Claims In Vietnam: Practical Issues And The Design Of A Virtual Consultancy Expert System Based On Artificial Intelligience To Assist Non-Lawyer Users, Thi Mai Phuong Pham, Thi Minh Hang Hoang Nov 2018

Maritime Cargo Claims In Vietnam: Practical Issues And The Design Of A Virtual Consultancy Expert System Based On Artificial Intelligience To Assist Non-Lawyer Users, Thi Mai Phuong Pham, Thi Minh Hang Hoang

World Maritime University Dissertations

No abstract provided.


Iuu Fishing: A Gateway To Transnational Crimes In Jamaica, Judy-Ann Icinda Neil Nov 2018

Iuu Fishing: A Gateway To Transnational Crimes In Jamaica, Judy-Ann Icinda Neil

World Maritime University Dissertations

No abstract provided.


Challenges To The Legal Framework Governing Liability And Compensation For Oil Pollution In The Caspian Sea: The Case Of The Republic Of Azerbaijan, Ramil Gasimov Nov 2018

Challenges To The Legal Framework Governing Liability And Compensation For Oil Pollution In The Caspian Sea: The Case Of The Republic Of Azerbaijan, Ramil Gasimov

World Maritime University Dissertations

No abstract provided.


Assessing The Preparedness Of Stakeholders For The Cabotage Law In Ghana, Benjamin Logodam Panlogo Nov 2018

Assessing The Preparedness Of Stakeholders For The Cabotage Law In Ghana, Benjamin Logodam Panlogo

World Maritime University Dissertations

No abstract provided.


Threats, Challenges And Opportunities To Marine Protected Areas In The Coral Triangle Area: A Case Study Of Indonesia Sea, Baso Hamdani Nov 2018

Threats, Challenges And Opportunities To Marine Protected Areas In The Coral Triangle Area: A Case Study Of Indonesia Sea, Baso Hamdani

World Maritime University Dissertations

No abstract provided.


‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan Oct 2018

‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan

Student Theses

Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense ...


Closing Tax Planning Opportunities For Private Corporations In Canada: What Is The Impact On The Medical Profession?, Jessica Stuart Oct 2018

Closing Tax Planning Opportunities For Private Corporations In Canada: What Is The Impact On The Medical Profession?, Jessica Stuart

Master of Laws Research Papers Repository

The federal government has recently proposed significant changes to the taxation of private corporations in Canada. These changes will significantly affect, in particular, medical doctors as many of them use private corporations for tax and financial planning purposes. This paper focuses specifically on how the proposed tax changes will affect medical doctors, not just because of their importance to society, but also because of their unique financial situation.

Following the federal government’s release of its initial reform proposal, many doctors were upset that they were labeled as tax cheats who did not “pay their fair share”. It was predicted ...


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei Oct 2018

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Sections 7 And 15 Of The Canadian Charter Of Rights And Freedoms In The Context Of The Clean Water Crisis On Reserves: Opportunities And Challenges For First Nations Women, Madiha Vallani Sep 2018

Sections 7 And 15 Of The Canadian Charter Of Rights And Freedoms In The Context Of The Clean Water Crisis On Reserves: Opportunities And Challenges For First Nations Women, Madiha Vallani

Master of Laws Research Papers Repository

This paper analyzes the water crisis on reserves through the lens of the Canadian Charter of Rights and Freedoms. Specifically, this paper discusses certain issues, stemming from the water crisis, that some First Nations women experience, through the lens of the Charter’s section 15 right to equality, and section 7 right to life, liberty, and security of the person. In doing so, this paper aims to draw attention to the various ways that the water crisis uniquely impacts First Nations women due to their intersectional experiences under the protected grounds of sex, ethnic origin, race, and residency on reserve ...


Highly Skilled Immigration In The United States In An Age Of Globalization: An Institutional And Agency Approach, Marcela F. González Sep 2018

Highly Skilled Immigration In The United States In An Age Of Globalization: An Institutional And Agency Approach, Marcela F. González

All Dissertations, Theses, and Capstone Projects

My dissertation proposes an institutional and agency approach in order to answer a new question to a new set of conditions, processes, and architecture of the new immigration trend for highly skilled immigration in the United States that emerged in the 1990s. The complexification of visa policies for highly skilled immigrants since the 1990s forces many immigrants to follow a multi-step legal pathway to acquire legal permanent residency: first, immigrants have a variety of temporary legal statuses or no legal status, and in a subsequent stage they achieve legal permanent residency. The central question that organizes the dissertation has two ...


The Impact Of Defendant Gender And Attractiveness On Juror Decision-Making In A Sexual Offense Case, Georgia M. Winters Sep 2018

The Impact Of Defendant Gender And Attractiveness On Juror Decision-Making In A Sexual Offense Case, Georgia M. Winters

All Dissertations, Theses, and Capstone Projects

In recent years, instances of educator sexual assault against students have flooded the media. In particular, female teachers who abused students have seized the public’s attention as they are often portrayed as attractive and a sexual fantasy. This portrayal can then impact the way society perceives these sexual assaults. Importantly, however, it is not known whether this perception influences the prosecution and sentencing of these cases. The current study examined the impact of gender and attractiveness of a teacher, as well as gender of the student victim, on juror decision-making in a teacher/student sexual assault case. Using a ...


Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu Aug 2018

Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu

Economic Crime Forensics Capstones

The Capstone Project will focus on money laundering in Nigeria by Politically Exposed Persons (PEPs) and the devastating negative impact on Nigeria’s progress as well as various measures that could combat it.

The Financial Action Task Force (FATF) defines money laundering as the processing of “ Criminal proceeds to disguise their illegal origin.” And PEPs as “someone who has been entrusted with a public function.” (FATF, 2018). The Nigerian government has adopted the term, “politically exposed persons” to include senior politicians and senior government officials as well as their immediate family.

According to Nigeria’s president, Muhammadu Buhari, $150 billion ...


Investigating Physicians Billing For Services Not Rendered: Fraud Detection, Interviewing And Referral To Law Enforcement, Glenn Forte Jr Aug 2018

Investigating Physicians Billing For Services Not Rendered: Fraud Detection, Interviewing And Referral To Law Enforcement, Glenn Forte Jr

Economic Crime Forensics Capstones

This qualitative study examines the role of healthcare insurance investigators related to medical fraud among physicians billing for services not rendered. Grounded in academic scholarship, industry case studies and first-hand knowledge, this study introduces methods identifying fraudulent activities, fraud detection practices and implications from discovering fraud among physicians, patients, and health insurance companies. The three types of methodologies employed provide a lens into determining misappropriation of healthcare insurance and patient monetary funds.

Healthcare fraud falls within the arena of white-collar crime. It consists of filing dishonest healthcare claims to receive a profit. Fraudulent healthcare schemes come in many forms. The ...


The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor Aug 2018

The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor

Master of Studies in Law Research Papers Repository

This major research paper looks at how Canadian Supreme Court justices view their role in adjudicating reference questions. Comparing the texts of 21 Supreme Court advisory opinions across two eras of the Court (Chief Justice Laskin: 1973-1984 and Chief Justice McLachlin: 2000-2017), the study examines the use of four narratives – the Guardian of the Constitution, Umpire of Federalism, Institutional and Public Will – to determine how the Court positions its role vis-à-vis the constitutional order and the other branches of government. I use a mixed-method approach that incorporates an empirically oriented content analysis of each decision, complemented by four in-depth case ...


The Politics Of Wounds, Jonathan Nash Aug 2018

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally ...


The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora Aug 2018

The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora

History Theses

The passage of the Seventeenth Amendment helped to democratize the United States Senate and tied the legislative branch closer to the people, but it undermined the links between the state and the federal systems. Any thoughtful discussion on the Progressive Era will generally lead towards the idea of increased involvement of both the government, at all levels, in the lives of the general population, and the increased involvement of the general population in the functioning of the government at large. One seemingly obvious decision made in the early part of the 20th century was the implementation of the Seventeenth ...


Delinquency Predictors: Offending To Commitment, Kaitlyn M. Pederson Aug 2018

Delinquency Predictors: Offending To Commitment, Kaitlyn M. Pederson

Boise State University Theses and Dissertations

The United States processes millions of adolescents through the juvenile court system annually. Throughout these hearings and upon adjudication, it is ultimately up to a judge to decide the juvenile’s disposition. Although research on juvenile delinquency has identified a variety of factors linked to youth offending, research is limited in terms of variables predicting a juvenile’s dispositional outcome. The current study examined number of predictive variables for youth offending to determine if they also influence a juvenile being committed to state custody in Idaho. This analysis consists of pre-screen evaluations obtained by the Idaho Department of Juvenile Corrections ...


A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus Aug 2018

A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus

Master's Theses

Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main ...


A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper Aug 2018

A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper

Service Learning/Capstone Experience

This research study was completed at Legal Aid of Nebraska’s Health, Education, and Law Project through the partnership it has formed working with Nebraska Medicine and Iowa Legal Aid. Traditionally, health and disease have always been viewed exclusively as "healthcare" issues. But with healthcare consistently growing towards holistic approaches to help patients, we now know there are deeper, structural conditions of society that can act as strong driving forces of a person's poor daily living conditions that can negatively impact health. The importance of a Medical-Legal Partnership is that it considers a patient's social determinants of health ...