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2010

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Full-Text Articles in Law

Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross Dec 2010

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 ...


What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study, Will Etheridge Dec 2010

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

Muskie School Capstones

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 ...


Incarcerating Indigenous People Of The Wongatha Lands In The Eastern Goldfields Of Western Australia : Indigenous Leaders’ Perspectives, Stephen J. Bedells Dec 2010

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 ...


Online Gaming: Prohibition Vs. Regulation, Andrew Montgomery Dec 2010

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 ...


From ‘Baggage’ To Not ‘Non-Persons’: Levy V. Louisiana And The Struggle For Equal Rights For ‘Illegitimate’ Children, Sherrie Anne Bakelar Dec 2010

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 ...


Selling Knowledge: A Sociological Analysis Of Attorney Advertisement In Las Vegas, Giselle Velasquez Dec 2010

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 ...


Extended Producer Responsibility (Epr): An Alternative Solution To Regulate The International Electronic Waste Trade, Tiptira Rammaniya Nov 2010

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 ...


Maine's General Sales Tax: An Exploration Of Policy Issues And Options, Sarah Rawlings Jul 2010

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

Muskie School Capstones

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 Jun 2010

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

Duke Law Theses and 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.


A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco Jun 2010

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 ...


The Fifth Amendment & The Endangered Species Act: An Examination Of Regulatory Takings & The California Water Crisis, Wesley Lawrence Carlson Jun 2010

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 ...


Critical-Incident Response: A Study Of Training, Management, And Mitigation In North Carolina Sheriffs' Offices., Gregory Alan Minton May 2010

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 ...


Gender And Justice: The Experience Of Female Lawyers In Indiananapolis, Jessica Louise Nelson May 2010

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 ...


Peace Agreements And International Peace Operations: The Case Of Sierra Leone, Haruyuki Irie May 2010

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 May 2010

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 ...


Comparative Analysis Between Routine Preventative Uniformed Police Patrols And Crime Reduction And Calls For Service, Oscar Vigoa May 2010

Comparative Analysis Between Routine Preventative Uniformed Police Patrols And Crime Reduction And Calls For Service, Oscar Vigoa

Student Theses, Dissertations and Projects

The majority of the theoretical and empirical literature on police patrols and crime has concentrated on the logical assumption that more uniformed preventative police patrols reduce crime. However, few studies have examined the comparative relationship between more police officers doing preventative patrols in a specific area and crime rates and response to calls for service. The objective of this research was to examine whether more uniformed police officers, doing routine preventative patrols, assigned to an area the size of a small city reduces class one crimes (robbery, residential, and commercial burglary and auto theft). The principal intention of the study ...


Information Privacy: A Quantitative Study Of Citizen Awareness, Concern And Information Seeking Behavior Related To The Use Of The Social Security Number As A Personal Identifier, Rhonda Marisa Clossum May 2010

Information Privacy: A Quantitative Study Of Citizen Awareness, Concern And Information Seeking Behavior Related To The Use Of The Social Security Number As A Personal Identifier, Rhonda Marisa Clossum

Masters Theses

Information technology has transformed the manner in which personal identifying information is collected, stored and shared in government agencies and private businesses. The social security number has become the de facto identifier for individuals due to its notable qualities: a nine-digit number assigned to one person by the United States government. As individuals are increasingly asked to disclose personal information, the question arises: How does the lack of awareness of social security number laws contribute to the loss of privacy, loss of control of personal information and the threat of identity theft? This study examines awareness levels of social security ...


Sex, Drug Courts, And Recidivism, Doria Nour Dandan May 2010

Sex, Drug Courts, And Recidivism, Doria Nour Dandan

UNLV Theses, Dissertations, Professional Papers, and Capstones

Research studies have identified gender differences in the drug abusing patterns and treatment needs of men and women. Even so, studies on the drug court model have not assessed drug court effectiveness across sex. Using secondary data collected from the Ada County Drug Court, the recidivism rates of drug court participants (n=259) and probationers (n=235) were analyzed. Drug court participants were found to be less likely to recidivate compared to probationers, which supports previous research on drug court effectiveness. Regression analyses failed to find an interaction between group membership and sex, thereby indicating that the effect of the ...


Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace May 2010

Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace

UNLV Theses, Dissertations, Professional Papers, and Capstones

High levels of violent crime and disorder area concentrated within certain neighborhoods of northwest Las Vegas, Nevada. In April 2009 a police order-maintenance unit designed to reduce minor and major offenses was initiated in these areas. Drawing on the Broken Windows Hypothesis, the unit combined detailed crime analysis with extensive police efforts to address specific community problems. This paper discusses the implementation and impact of the police order-maintenance unit during its operation.


An Evaluation Of Lead In Imported Candies Within Clark County, Nevada, Usa, Lee Reuben Ibarra May 2010

An Evaluation Of Lead In Imported Candies Within Clark County, Nevada, Usa, Lee Reuben Ibarra

UNLV Theses, Dissertations, Professional Papers, and Capstones

Imported candies from Latin America pose a danger to children because of the potential for those candies to contain harmful levels of lead. This study sought to identify characteristics of imported candies that typically display higher concentrations of lead. This study also explored the Integrated Exposure Uptake Biokinetic model developed by the EPA. Using lead exposure data specific to Clark County, Nevada, the IEUBK model was used to estimate the amounts of candy a child would have to consume in order to raise his blood lead level to over 10µg/dL (the federal allowable limit).

The results showed that candies ...


Global Agricultural Price Supports: The Political And Economic Forces That Drive Unsustainable Agricultural Protectionism Policy, John Francis Hays May 2010

Global Agricultural Price Supports: The Political And Economic Forces That Drive Unsustainable Agricultural Protectionism Policy, John Francis Hays

Dissertations

Agricultural tariffs and price supports are the last bastion of US and European protectionism. While all other areas of commerce have embraced change and welcomed open-market international commerce, agriculture has remained the lone holdout.

The small farmers for whom these support programs were designed no longer exist. Yet governments appropriate billions of dollars annually for the continued support of these outdated programs.

The fact that these governmental agencies resist change, even in an age of economic crises, record national debt, and one of the highest negative trade balances in history, is testimony to American civic indifference.

Public apathy precludes timely ...


The Northwest Forest Plan: Up To Our Neck In Owls?, Ashley N. Horvat Apr 2010

The Northwest Forest Plan: Up To Our Neck In Owls?, Ashley N. Horvat

Honors Theses

Traversing across the vast Pacific Northwest with the Northern spotted owl (Strix occidentalis caurina), one would experience a dynamic landscape that ranged from areas shrouded with ancient forests, mountains dotted with dense young forests, large swathes of empty habitat from clearcuts, and corridors filled with canopies and a plethora of life. The once vibrant forests that blanketed the Pacific Northwest in an abundance of life and sheltered these rare owls in their canopies were threatened by the removal of these primordial giants in these forests. The wild salmon that journey in record numbers through the cold rivers and streams that ...


Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele Apr 2010

Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele

Theses and Dissertations

This presentation will present and analyze the French and the United States' system of "freedom and civil rights." This presentation will outline the history of each country's legal system, and their constitutions. It will define the differences between the Executive Branch, Legislative Branch, and Judicial Branch of each country. It will compare each country's ideology, philosophy and ways of thinking due to the history of their own democracy. The presentation will analyze and compare each country's civil liberties, court systems, and counter-terrorism laws recently enacted. It will make an in-depth analysis of the way each country "negotiates ...


An Examination Of The Relationship Between The Hypersexual Environment Of Las Vegas And Forcible Rape, Lisa Ann Dooley Apr 2010

An Examination Of The Relationship Between The Hypersexual Environment Of Las Vegas And Forcible Rape, Lisa Ann Dooley

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine whether rates of forcible rape in Nevada are high, possibly a side effect of living in a hypersexual city. The study will explore whether these rates compare to other cities of the same size that are tourism focused and whether rates of forcible rapes are higher in counties without prostitution than with prostitution. This paper will also consider rates of sexual victimization among undergraduate students at the University of Nevada, Las Vegas, University of British Columbia, and Simon Fraser University. Lastly, the study will consider whether the hypersexual nature of the city ...


An Analysis Of First Amendment Jurisprudence On The Supreme Court Case Of Locke V. Davey, Alexander John Herzog Apr 2010

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 ...


Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane Apr 2010

Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice ...


Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii Apr 2010

Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the individual- and institutional-level variables that are correlated with violence and disorder within a jail facility. Previous research indicates that deviant behavior is one of the main challenges that negatively impacts the safe and effective management of correctional facilities. While many studies have been conducted on prison populations, few studies have focused upon jail populations. Using official institutional data, this study explores the factors associated with general infractions and violent misconduct among a stratified random sample of inmates (n=447) incarcerated during a one year period in a large county jail facility. The logistic regression and conjunctive ...


East Asian Economies' Cooperation In Cross-Border Direct Investment Arrangements, Mary Hui-Yi Hsu Mar 2010

East Asian Economies' Cooperation In Cross-Border Direct Investment Arrangements, Mary Hui-Yi Hsu

Theses and Dissertations

While economic globalization continues to develop, the global economy keeps integrating through increasing trade and foreign direct investment (FDI). The establishment of close and comprehensive industrial production and distribution networks in the East Asian region is mainly driven by FDI cooperation between multinational enterprises (MNEs) and local firms. MNEs have played a key role in promoting vertical intra-industry trade in East Asia by setting up regional and international production networks through FDI.


Moral And Legal Issues Concerning Contemporary Human Cloning Technology : Quest For Regulatory Consensus In The International Community To Safeguard Rights And Liberties Essential To The Future Of Humanity, Ching-Pou Shih Mar 2010

Moral And Legal Issues Concerning Contemporary Human Cloning Technology : Quest For Regulatory Consensus In The International Community To Safeguard Rights And Liberties Essential To The Future Of Humanity, Ching-Pou Shih

Theses and Dissertations

The research topic for this dissertation would focus its efforts on resolving at least two questions as follows: First, what are the major moral and legal problems in current human cloning technology and what are the intelligent choices of public policy? Second, how could respective nations, regions, and the international community corporately clarify those problems in the realm of contemporary human dignity imperative and human rights jurisprudence.


Strengthening And Deepening Asean Economic Integration Through The Asean Free Trade Area : Legal Aspects Of The Implementation Of Afta, Nimnual Piewthongngam Mar 2010

Strengthening And Deepening Asean Economic Integration Through The Asean Free Trade Area : Legal Aspects Of The Implementation Of Afta, Nimnual Piewthongngam

Theses and Dissertations

The dissertation discusses the formation of ASEAN and AFTA, the underlying principles of AFTA, and particularly the tenor and timeframe for the implementation of the commitments of Member States under the Agreement on Common Effective Scheme for ASEAN Free Trade Area.