Law Commons^™

Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross

Electronic Theses and Dissertations

Our criminal justice system works very hard to prevent criminals from harming other individuals; however, unfortunately mistakes happen. One wrongful conviction is one too many. There are multiple factors that can be assumed to be the cause of wrongful convictions. However, due to the lack of directly related research, the determents are not well established. The following research addresses wrongful convictions as a result of public defender representation. Through the process of theory construction, the research uses critical race theory and social disorganization theory to show the relationship between court appointed representation and wrongful convictions. A new theory is also …

American Law: Integrating Ultra-Traditional Muslims Through Accommodations, Mohamed A. Elsanousi

Maurer Theses and Dissertations

Appropriate legal accommodations for religious minorities can support their integration into American society. Historically, the teachings and practices of many religious communities that have otherwise conflicted with state or federal law have been successfully preserved through legal accommodations. A brief comparison with the experiences of such groups as the Hasidic Jewish community will provide a context for religiously based legal accommodations for various religious communities within the United States.

This dissertation examines the particular situation of a Tablighi Jamaat community, a Muslim missionary movement, as a means to explore how legal accommodations facilitate the successful, stable integration of such groups. …

Konflikti Anglo-Shqiptarë Me Rastin E Kanali Të Korfuzit, Nurije Gashi

Theses and Dissertations

No abstract provided.

Antidiscrimination Rights Of Contingent Workers In The United States, Hyun Joo Kang

Maurer Theses and Dissertations

Title VII of the Civil Rights Act of 1964 prohibits an employer's discriminatory employment practices against an employee on the basis of race, color, religion, gender, or national origin. Most contingent workers in the United States are faced with discriminatory employment practices, such as low wages and low or no benefits, and they are disproportionately women and minorities. Title VII is the focal point, but Title VII has not functioned as a remedy for contingent workers. This dissertation examines why contingent workers suffer discrimination, despite Title VII, and suggests possible solutions.

In the United States, the distinctive interpretation of laws …

What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study, Will Etheridge

Muskie School Capstones and Dissertations

In January 2009, Port City Music Hall in Portland, Maine was preparing to open its doors to the public for the first time. With a capacity for nearly six hundred attendees, Port City Music Hall was designed to attract national touring acts to Portland too big for the bar scene, but not suited for the Merrill Auditorium or Cumberland Civic Center. With the State Theatre still shuttered at the time, this new venue hoped to fill an important niche in the city’s creative economy, bringing a diverse array of performers that would not otherwise be able to find a viable …

Incarcerating Indigenous People Of The Wongatha Lands In The Eastern Goldfields Of Western Australia : Indigenous Leaders’ Perspectives, Stephen J. Bedells

Theses: Doctorates and Masters

The Wongi

people are Indigenous to the Goldfields region and account for just 10 per cent of the population; yet they make up 90 per cent of the prisoners. With Indigenous incarceration rates above 8,000 per 100,000 adult male population in Western Australia, imprisonment is clearly a common experience for Indigenous men and women that profoundly affect the lives of their families. Gaols are meant to be used as a sentence of last resort when the severity of the offence requires severe punishment and prevention of further offences requires close confinement. For this research, Wongi leaders were interviewed about their …

From ‘Baggage’ To Not ‘Non-Persons’: Levy V. Louisiana And The Struggle For Equal Rights For ‘Illegitimate’ Children, Sherrie Anne Bakelar

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study focuses on "illegitimate" children, who are more visible
than other children within the historical record because of the many laws
related to their existence. By examining this group of children, it is
possible to improve upon the framework that shapes our understanding
of childhood and provide a starting point for future studies that will
continue to illuminate children's history. Although illegitimacy laws are
as ancient as Western civilization, the key moment for the United States'
laws related to nonmarital children came in the spring of 1968 and the
pivotal decision of Levy v. Louisiana, 391 U.S. 68 (1968). …

Selling Knowledge: A Sociological Analysis Of Attorney Advertisement In Las Vegas, Giselle Velasquez

UNLV Theses, Dissertations, Professional Papers, and Capstones

I analyze how Las Vegas attorneys represent themselves, their associates and clients in televised law firm commercials. I use attorney commercials as a case to explore cultural beliefs in media representations. Using an inductive method, I analyze the textual, visual, and aural symbols that appear most frequently in television commercials to interpret how law firm advertisements convey themes of attorney expertise, knowledge, ethnic and gender stereotyping. I introduce this study with a historical evaluation of the rise of advertisement in the United States. I continue discussing how the media is an important realm of discourse that affects people's identity. Using …

Online Gaming: Prohibition Vs. Regulation, Andrew Montgomery

UNLV Theses, Dissertations, Professional Papers, and Capstones

Since online gaming began in 1995, the industry has been unsettled. Despite online gaming being viewed as illegal by the United States government, revenues generated from players in the U.S. grew consistently and rapidly from 1995 to 2006. U.S. lawmakers believed they clarified the legality issue by passing the Unlawful Internet Gambling Enforcement Act in 2006 (UIGEA); however, this legislation did little to discourage people in the U.S. from engaging in online gambling. U.S. lawmakers have long debated prohibition vs. regulation of the industry. Given the apparent ineffectiveness of online gaming prohibition via UIGEA, lawmakers favoring legalization and regulation of …

Extended Producer Responsibility (Epr): An Alternative Solution To Regulate The International Electronic Waste Trade, Tiptira Rammaniya

Theses and Dissertations

This dissertation examines the problems associated with the transboundary movement of electronic waste (e-waste), a term that refers to end-of-life or discarded electrical and electronic equipment. These problems occur mostly in developing countries where proper facilities and technology for environmentally sound management of e-waste are not sufficiently available. The Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal is the only existing international treaty governing the electronic waste trade. However, the Basel Convention, which employs the Prior Informed Consent (PIC) procedure as a control system, exempts electronic assemblies destined for direct reuse, repair, refurbishment, …

Lufta Dhe Intervenimi I Nato-S Në Kosovë, Edona Bislimi

Theses and Dissertations

No abstract provided.

Diplomacia, Shërbimet Diplomatike Dhe Konsullore, Leon Duhanaj

Theses and Dissertations

No abstract provided.

Shteti Si Subjekt I Së Drejtës Ndërkombëtare Dhe Republika E Kosovës, Rexhep Gashi

Theses and Dissertations

No abstract provided.

Lufta E Ftohtë Dhe Detanti, Zjarrta Osmani

Theses and Dissertations

No abstract provided.

Zbatimi I Kushtetutës Së Republikës Së Kosovës Dhe Ndikimi I Saj Nga Pakoja E Ahtisaar-It, Valbona Dërmaku

Theses and Dissertations

Kohëve të fundit shoqërija jonë po pasurohet gjithënjë e më tepër me legjislacion, mekanizma dhe institucione shtetërore që e bëjnë një shtet të ri më të pasur, më të fuqishëm dhe më të kompletuar. Imponimi i aktiviteteve të përditshme për shfrytëzimin e këtyre dokumenteve, mekanizmave, institucioneve dhe shërbimeve po bëhet gjithnjë e më shumë thelbësore. Avantazhet që ofrojnë këto mekanizma në qeveri janë të shumta, prandaj shfrytëzimi i tyre apo ndikimiet e ndryshme e bëjnë atë që të ketë po aq edhe mangësi gjatë zbatimit të tyre në jetën e përditshme. Kjo njëherit lehtëson edhe ndikimet në njohjen e plotë …

Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig

PhD Dissertations

This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …

Patient Safety Law: Regulatory Change In Britain And Canada, Fiona Mcdonald

PhD Dissertations

Did governments in different countries regulate common concerns about patient safety differently? If so how and why did they do this? This thesis undertakes a historical comparison of the regulation of patient safety in Britain and Canada between 1980 and 2005. These jurisdictions began the period with very similar regulatory frameworks, but by 2005 there were distinct differences in each jurisdiction‘s regulatory response to patient safety. Britain was very actively regulating all aspects of service provision within its health system in the name of patient safety, whereas Canada‘s regulatory direction showed adherence to the 1980s model with only scattered incremental …

Governance Of Health Research Involving Humans In Developing Countries: The Nigerian Example, Cheluchi Onyemelukwe

PhD Dissertations

An intense debate has occurred regarding research involving humans in developing countries in recent years. Research in this area has focused mainly on examining the ways in which the economic inequalities in healthcare between developing countries and developed countries have affected the types of research conducted in developing countries by external sponsors. Research has also focused on how these inequalities, and the difficulties in applying the international ethical guidelines, give rise to ethical concerns and controversies. Recent literature has therefore examined several ethical concerns in health research in developing countries. What is missing in the literature on research oversight in …

Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines, Jay Batongbacal

PhD Dissertations

Unless subjected to skeptical and conscious scrutiny, environmentally-friendly ocean energy technologies can become Trojan machines of social inequity due to the subtle re-organizing influences of technologies on culture and the society. Environmental laws that promote or regulate ocean energy technologies can act as Trojan legal regimes in the absence of a framework for assessing and anticipating their adverse impacts on social justice. Environmental justice is inadequate for this task, so an alternative framework is proposed: ecological social justice, drawn from the Third Worlds perspective of sustainable development as equitable sharing. Though overshadowed by the prevalent notion of sustainable development as …

Funksionimi Dhe Qeverisja Demokratike E Shërbimeve Të Inteligjencës, Sofije Kryeziu

Theses and Dissertations

No abstract provided.

The Use Of The Minnesota Multiphasic Personality Inventory-Ii (Mmpi-2) In Pre-Employment Evaluations, Ana M. Gamez

Loma Linda University Electronic Theses, Dissertations & Projects

Psychological testing is an important facet in the selection and hiring processes of law enforcement and public safety personnel. Research in this area suggests that the MMPI-2 scales have been correlated with problematic behavior among police officers, poor job performance, and officer misconduct. This study examined the extent to which suitability for hire could be predicted by the MMPI-2 scale L (Lie), scale K (correction), Infrequency scale (F), scale 4 Psychopathic Deviate (Pd), scale 6 Paranoia (Pa), scale 7 Psychasthenia (Pt), and scale 9 Hypomania (Ma). It examined whether profile differences emerged as a function of suitability across gender, between …

Maine's General Sales Tax: An Exploration Of Policy Issues And Options, Sarah Rawlings

Muskie School Capstones and Dissertations

Introduction The role of sales taxation in states’ economies has been a topic of much discussion and controversy since its inception in some states more than 70 years ago. The sales tax has been a critical component of revenue generation for some 98% of states over the last 50 years, but policy-makers and economists have become concerned in recent years about the dwindling revenues being generated by sales taxation in most states.

Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang

Duke Law SJD Dissertations

Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This Dissertation is a comparative study and focuses on what lessons China can draw from the US and the EU to develop a Multilateral JRE Arrangement between Mainland China, Hong Kong, and Macao.

The Fifth Amendment & The Endangered Species Act: An Examination Of Regulatory Takings & The California Water Crisis, Wesley Lawrence Carlson

Agribusiness

This study was conducted to determine if reductions in water deliveries to farmers in the San Joaquin Valley due to enforcement of the Endangered Species Act has resulted in a compensable Fifth Amendment taking of property. A case study of the California Water Crisis is examined. The subject of this case study is the Westlands Water District.

The details of the California Water Crisis were outlined. The necessary elements of a takings investigation were identified for the case study. These elements were applied to takings criteria that has been established by the courts. Using prior court rulings as a guide …

A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco

Agribusiness

This study was conducted to define the current situation between contracted seasonal workers and farm labor contractors in the Stockton area. Specifically, this study focuses on the perception workers have of farm labor contracted employment. It also addresses the perception farm labor contractors have on the contracting business.

To gather the information needed to compare perceptions, interviews with twelve contracted seasonal workers and two farm labor contractors were conducted in Stockton. The analysis process consists of a detailed account of the problems workers and farm labor contractors encounter in the farm labor contracting business.

The results of these interviews concluded …

Diplomacia Multilaterale Dhe Çështja E Kosovës, Lejla Kolenović

Theses and Dissertations

Qëllimi i punimit mbi rolin e Diplomacise multilaterale në Kosovë është elaborimi rreth përfshirjes e bashkësisë ndërkomëtare në forma të organizuara rreth organizatave ndërkombëtare dhe rolin e diplomacive të shteteve anëtare dhe qëndrimet e tyre. Studimi në fjalë ka rëndësi të veçantë për shkak të momentit politik në të cilin gjindet Kosova në prag të shpalljës së vendimit të Gjykates ndërkombëtare të drejtësisë mbi shpalljen e pavarësisë së Kosovës në shkurt të vitit 2008.

Në këtë punim në mënyrë të përgjithshme do të shqyrtohet përfshirja e organizatave ndërkombëtare në zgjidhjen e qështjes së Kosovës në menyrë kronologjike duke filluar me …

Critical-Incident Response: A Study Of Training, Management, And Mitigation In North Carolina Sheriffs' Offices., Gregory Alan Minton

Electronic Theses and Dissertations

The purpose of this study was to determine the amount of training each sheriff's office requires in North Carolina and if that training includes multiagency exercises designed to mitigate a critical-incident response and identify any concerns from those training events. The study also compared departmental strength (number of sworn officers per agency) with county populations and geographic area of the state the agency is located in with the number of hours required annually by each agency. Finally, each agency was asked if it had participated in a multiagency exercise and a multiagency incident and to identify any issues that occurred …

Gender And Justice: The Experience Of Female Lawyers In Indiananapolis, Jessica Louise Nelson

Undergraduate Honors Thesis Collection

"Gentleman M.B". is recorded in United States history as far back as 1638, and was a successful landowner, local leader, and attorney to the governor. What is not translated is that this gentleman was, in fact, a woman: Margaret Brent was the first known female attorney, and would be the only one allowed entrance to the Bar for more than 200 years. Even though centuries later, in 1869, Myra Bradwell (Illinois), Mary Magoon (Iowa) and Belle Mansfield (Iowa) gained access to the legal community, women remained an outcast minority until very recently. A mere two percent of the profession was …

Peace Agreements And International Peace Operations: The Case Of Sierra Leone, Haruyuki Irie

Seton Hall University Dissertations and Theses (ETDs)

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The Tennessee Death Penalty: Prosecutors, Juries And The Impact Of Race, Kristin Amber Wagers

Doctoral Dissertations

The impact of race within the American criminal justice system has seen long-term debate and has been studied by numerous social scientists. This dissertation examines the criminal justice system by analyzing data created by the Tennessee courts to determine whether race impacts the administration of Tennessee’s death penalty. This dissertation examines whether race impacts the overall administration of Tennessee’s death penalty, a Tennessee prosecutor’s decision to seek death, and a Tennessee jury’s decision to impose death. The impact of race at each stage is analyzed by logistic regression to isolate the defendant’s race, the victim’s race, and the racial interaction …