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Full-Text Articles in Law

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel Feb 2018

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel

All Dissertations, Theses, and Capstone Projects

A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved ...


Militarization Of Conservation, Daniel Ryan Michel Feb 2018

Militarization Of Conservation, Daniel Ryan Michel

All Dissertations, Theses, and Capstone Projects

The world is facing biological diversity extinction of its wildlife solely caused by humans. One of the leading causes of the extinction crisis is attributed to poaching and the illegal trade of wildlife products. In search of finding suitable methods to curb the crisis, a dichotomy of overarching solutions has arisen: those who have advocated for community-based natural resource management and those who support militarized conservation. The focus of this paper is to delineate which method is, if any, the most appropriate when combatting poaching and the illegal wildlife trade. Concentrating on elephants (both African and Asian) and the rhinoceros ...


Conditions Of Personhood And Property, Zachary James Acree Feb 2018

Conditions Of Personhood And Property, Zachary James Acree

All Dissertations, Theses, and Capstone Projects

This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes ...


Myths And Misogyny: The Legal Response To Sexual Assault, Rose Mary Lynn Ubell Jan 2018

Myths And Misogyny: The Legal Response To Sexual Assault, Rose Mary Lynn Ubell

Master of Studies in Law Research Papers Repository

Sexual assault is a persistent form of violence against women that is rooted in gender inequality. It violates the sexual integrity of the victim and can have lasting psychological and emotional effects on both victims and their families. Sexual assault is a significant social and cultural problem within Canadian society. This paper presents an examination of the problems with the legal response to sexual assault that are still prevalent within the Canadian justice system despite the many positive changes in law that have come about in the last three decades. It is divided into three main chapters. The first draws ...


Democracy At Stake In The Digital Age: Engaging In The Net Neutrality Debate For The Preservation Of Free Speech And The Redemption Of Public Interest, Christina (Sung Min) Yoh Jan 2018

Democracy At Stake In The Digital Age: Engaging In The Net Neutrality Debate For The Preservation Of Free Speech And The Redemption Of Public Interest, Christina (Sung Min) Yoh

CMC Senior Theses

Net neutrality is currently one of the most topical government policies up for debate. In the following paper, I will examine three cases in which net neutrality has been threatened by internet service providers and the Federal Communications Commission and reinforced by public interest groups, major website companies, and the public. The online regime has been a critical instrument in the outcome of all three cases, highlighting the role and influence of internet users in the virtual and physical public spheres.

Some say that the battle is already lost. FCC Chairman Ajit Pai and his Republican majority in the agency ...


Does Cybersecurity Law And Emergency Management Provide A Framework For National Electric Grid Protection?, Matthew Ryan Ziska Jan 2018

Does Cybersecurity Law And Emergency Management Provide A Framework For National Electric Grid Protection?, Matthew Ryan Ziska

Walden Dissertations and Doctoral Studies

The U.S. government is responsible for protecting the country's energy and technology infrastructure. Critics argue the United States has failed to prepare, protect and respond to incidents involving the national electric grid leaving communities vulnerable to prolonged power outages. Protection of investor owned utilities' critical infrastructure is vulnerable to cyber and physical harm from the absence of criminalizing the intrusion of private sector computer networks, the lack of cybersecurity threats in emergency management, and the absence of cyber-intelligent leadership supports this argument. The purpose of this study was to introduce an electric grid protection theoretical concept, while identifying ...


Examining Correctional Leadership Styles That Encourage Cooperative Compliance From Federal Offenders, Paul Gonzalez Jan 2018

Examining Correctional Leadership Styles That Encourage Cooperative Compliance From Federal Offenders, Paul Gonzalez

All Theses And Dissertations

Since its inception in 1930, the Federal Bureau of Prisons has experienced tremendous growth in its inmate population. Concluding 1930 with 14 federal prisons, the Bureau of Prisons now maintains 122 federal prisons, and is accountable for over 180,000 federal offenders within federal prisons walls and within contracted correctional centers. The federal inmate population has also grown in diversity, and training offered by the Bureau of Prisons to its employees has not transformed in a manner that addresses the rise in offender diversity. Officers are left to independently devise various leadership styles to meet the needs of the organization ...


California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega Jan 2018

California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega

Scripps Senior Theses

Using the frames of analysis and language of political whiteness and anti-migrant hegemony, this paper examines the narrative of liberal immigration reformers transforming California’s political landscape within the period of 1994 to 2017. Taken as case studies the following articles of legislation are analyzed: Proposition 187 in 1994, the California Dream Act in 2010, the Trust Act in 2014, up to the present Senate Bill 54 in 2017. The paper finds that while California has experienced a recognizable shift in racial liberalism in rhetoric and legislation, its overall policy continues to work within the framework of anti-migrant hegemony that ...


Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith Jan 2018

Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith

CMC Senior Theses

This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to ...


The Relationship Between Alabama's Prison Reentry And Rehabilitative Programs And Recidivism, Kenneth Whitman Jan 2018

The Relationship Between Alabama's Prison Reentry And Rehabilitative Programs And Recidivism, Kenneth Whitman

Walden Dissertations and Doctoral Studies

Recidivism is a vital concern to the Alabama Department of Corrections (ADOC), Alabama Board of Pardons and Parole (ABPP), taxpayers, and family members affected by the revolving door of inmates in and out of the Alabama prison system. Little, however, is understood about the relationship between the effectiveness of prison programs and rates of recidivism. Using social learning theory as a theoretical framework, the purpose of this study for the ADOC was to explore the nature of the relationship between prison program efficacy and improvements on recidivism. Data were collected through a convenience sample of 17 ADOC and 1 ABPP ...


Vote-Selling: Infrastructure And Public Services, Nat Adojutelegan Jan 2018

Vote-Selling: Infrastructure And Public Services, Nat Adojutelegan

Walden Dissertations and Doctoral Studies

Vote-selling in Nigeria pervades and permeates the electoral space, where it has become the primary instrument of electoral fraud. Previous research has indicated a strong correlation between vote-buying and underinvestment and poor delivery of public services. There remains, however, a significant gap in the current literature regarding the nature of the relationship between vote-selling and the delivery of public services. The purpose of this study was to uncover voters' behaviors by investigating their common and lived experiences with respect to the provision of infrastructure, delivery of public services, and voting during elections. Using Bandura's theory of reciprocal determinism, the ...


Teaching Organizational Leaders: Application Of Title Vii Of The Civil Rights Act Of 1964 To Hiring Practices And Harassment Prevention In New Orleans, Angela Glaviano, Angela Maria Glaviano Dec 2017

Teaching Organizational Leaders: Application Of Title Vii Of The Civil Rights Act Of 1964 To Hiring Practices And Harassment Prevention In New Orleans, Angela Glaviano, Angela Maria Glaviano

University of New Orleans Theses and Dissertations

No abstract provided.


From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware Dec 2017

From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware

Dissertations

Purpose: The purpose of this phenomenological study was to describe the perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are transitioning from active duty to civilian life, regarding their participation in the Disabled Transition Assistance Program.

Methodology: The methodology for this research study will be qualitative from a phenomenological perspective. When thinking of research as it pertains to qualitative methods, it is appropriate to use when a researcher is trying to study the lived experiences of individuals (Flipp, 2014; Patton, 2015). This method will describe perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are ...


The Constitutionality Of Restrictions On Recreational Cannabis Advertising: Balancing Public Health And Freedom Of Expression, Melanie L. Mcphail Dec 2017

The Constitutionality Of Restrictions On Recreational Cannabis Advertising: Balancing Public Health And Freedom Of Expression, Melanie L. Mcphail

Electronic Thesis and Dissertation Repository

On April 20, 2016, Health Minister Jane Philpott announced that legislation legalizing recreational marijuana would be introduced in Spring 2017, with the goal of keeping marijuana out of the hands of children and profit out of the hands of criminals. Bill C-45, An Act Respecting Cannabis passed the second reading in the House of Commons, and contains restrictions on advertising cannabis, with a few exceptions. Advertising is recognized as a protected form of expression under the Charter of Rights and Freedoms, so if the government infringes on this right, they must be able to prove that it is justified in ...


Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson Dec 2017

Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson

Capstone Collection

In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and ...


The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart Dec 2017

The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart

Master's Theses

This thesis explores the relationship between British colonial influence and Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in the Caribbean. Comparing the Cayman Islands, a British Overseas Territory, and Jamaica, an independent former colony of the United Kingdom, the situation for LGBT people is evaluated. While Jamaica has serious abuses and a concerning situation for the human rights of LGBT people, the Cayman Islands’ LGBT community’s position is far less concerning. Owing to its continued connection to the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands’ LGBT rights situation is much less dire. Through British influence ...


Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip Dec 2017

Evaluation Of Immigration And Citizenship Program (Icp), Wen Feng Yip

Master's Projects

There are many non-profit organizations which provide immigration and other legal services to immigrants in Santa Clara County. However, the capacity of legal services providers and their partners still face daunting challenges when trying to meet an overwhelming need that contrasts with limited resources (McAllister, 2015). Under these circumstances, the quality and effectiveness of immigration legal service providers in delivering their services is a subject of concern for immigrant groups. Community-based organizations are best suited to help immigrants with the legalization process (Cordero-Guzman, 2005) and their integration into the economic, political, and social mainstream in the long run.

The Immigration ...


Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher Dec 2017

Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher

Master's Projects

Public sector leaders and decision makers in the California water industry have learned from previous severe drought conditions that to sustain water supplies during extremely dry seasons, there is a substantial need for behavioral changes associated with water conservation efforts among the businesses and residents of the community to maintain an adequate water supply. The intent of this study is to compare four California water agencies that have been designated as sustainable groundwater agencies (GSA), and determine what current programs and/or practices those agencies are using to meet the mandated requirements of the Sustainable Groundwater Management Act of 2014 ...


Legal Analysis Of Ncaa Student-Athletes Worker's Compensation Status, James M. Long Dec 2017

Legal Analysis Of Ncaa Student-Athletes Worker's Compensation Status, James M. Long

University of Tennessee Honors Thesis Projects

No abstract provided.


Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza Dec 2017

Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza

Theses and Dissertations

My goal in this work is to outline a specifically legal harm principle that is derived from John Stuart Mill’s harm principle in On Liberty. I will do this by providing a close reading of On Liberty and comparing it to what he says in chapter V of Utilitarianism. I believe that these two works provide a foundation for a harm principle that defines the domain and limits of the law. While this goal is not new, I focus on Mill’s general harm principle and the two maxims that he believes make it up in order to construct ...


Efficacy Of North Haven’S Response To Intervention In Reducing Over-Identification Of Specific Learning Disabilities, Karyn B. Gallagher Dec 2017

Efficacy Of North Haven’S Response To Intervention In Reducing Over-Identification Of Specific Learning Disabilities, Karyn B. Gallagher

EDL Sixth Year Theses

In 2006, a reauthorization of the Individuals With Disabilities Education Improvement Act led to changes in how the state of Connecticut determined special education eligibility for a student with a specific learning disability. The Response to Intervention (RTI) approach replaced of the discrepancy model in making this determination. This retrospective case study looked at the perceptions of North Haven Staff on the efficacy of the RTI process in reducing the over-identification of students with specific learning disabilities. A mixed-methods survey was administered to 337 professionals in North Haven, CT. Of the 86 responses received, 73 were determined to be useful ...


An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry Nov 2017

An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry

Educational Studies Dissertations

The prevailing research, as well as reported complaints of academic, civic, personal, and social harm, indicates that public school teachers do not exhibit the professional knowledge, skills, and attitudes grounded in the religion clauses of the U.S. Constitution. This study investigated how TEPs in the Commonwealth of Massachusetts document their instruction of preservice teachers on religion clause issues as they apply to grade 6-12 content area pedagogy, curriculum, and professional ethos. The institutional documents presented to preservice teachers were collected from four teacher education programs in the Commonwealth. An evaluation tool— synthesized from the leading scholarship and research on ...


Maritime Law Enforcement In Nigeria: The Challenges Of Combatting Piracy And Armed Robbery At Sea, Omovigho Cynthia Brume-Eruagbere Nov 2017

Maritime Law Enforcement In Nigeria: The Challenges Of Combatting Piracy And Armed Robbery At Sea, Omovigho Cynthia Brume-Eruagbere

World Maritime University Dissertations

No abstract provided.


Challenges Caused By Iuu Fishing In The Offshore : Lessons For Liberia's Fisheries Based On A Global Review And Analysis, Emma C. Metieh Glassco Nov 2017

Challenges Caused By Iuu Fishing In The Offshore : Lessons For Liberia's Fisheries Based On A Global Review And Analysis, Emma C. Metieh Glassco

World Maritime University Dissertations

No abstract provided.


Ensure Freedom Of Navigation In Disputed Sea Areas In The South China Sea Under United Nations Convention On The Law Of The Sea, 1982, Thi Minh Ngan Tran Nov 2017

Ensure Freedom Of Navigation In Disputed Sea Areas In The South China Sea Under United Nations Convention On The Law Of The Sea, 1982, Thi Minh Ngan Tran

World Maritime University Dissertations

No abstract provided.


A Critical Evaluation Of How Free Trade Zones And Maritime Activities Impact On Port Development: A Case Study Of The Port Of Kingston, Nicolas Kareem Spence Nov 2017

A Critical Evaluation Of How Free Trade Zones And Maritime Activities Impact On Port Development: A Case Study Of The Port Of Kingston, Nicolas Kareem Spence

World Maritime University Dissertations

No abstract provided.


The Effective Enforcement Of National Ship Recycling Regulations In India, Mohmmed Shahnawaz Nov 2017

The Effective Enforcement Of National Ship Recycling Regulations In India, Mohmmed Shahnawaz

World Maritime University Dissertations

No abstract provided.


Improving Maritime Surveillance In Kenya's Remote Coastal Islands: Application Of Renewable Energy Solutions, John Churchill Omondi Nov 2017

Improving Maritime Surveillance In Kenya's Remote Coastal Islands: Application Of Renewable Energy Solutions, John Churchill Omondi

World Maritime University Dissertations

No abstract provided.


Developing Key Performance Indicators For Imo Member States In The Context Of Imo Member State Audit Scheme, Sang Ho Kim Nov 2017

Developing Key Performance Indicators For Imo Member States In The Context Of Imo Member State Audit Scheme, Sang Ho Kim

World Maritime University Dissertations

No abstract provided.


How Do The Compulsory Dispute Settlement Procedures Of The United Nations Convention On The Law Of The Sea Deal With Disputes Concerning Land Sovereign Issues?, Yuki Morimasa Nov 2017

How Do The Compulsory Dispute Settlement Procedures Of The United Nations Convention On The Law Of The Sea Deal With Disputes Concerning Land Sovereign Issues?, Yuki Morimasa

World Maritime University Dissertations

No abstract provided.