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2012

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Full-Text Articles in Law

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy Dec 2012

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy

Master's Theses

This study assesses the origins of Arizona’s state-sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy.


Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma Dec 2012

Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma

Master's Theses

Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo

The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international …


The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry Dec 2012

The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry

Dissertations

The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …


“Winds Of Change”: Explaining Support For Wind Energy Developments In Ontario, Canada, Chad Jr Walker Aug 2012

“Winds Of Change”: Explaining Support For Wind Energy Developments In Ontario, Canada, Chad Jr Walker

Electronic Thesis and Dissertation Repository

This thesis addresses a major gap in the wind turbine and risk assessment literatures. It explains local support for wind energy in some areas in spite of vocal opposition in others. Findings from Port Burwell and Clear Creek, Ontario indicate that social and contextual forces may help explain much of the difference in opinion between the two communities. The case study was focused through 21 in-depth interviews. The interviews were analyzed verbatim using NVIVO 9 software. The findings were found to be consistent with Kasperson’s theory of the Social Amplification of Risk and seem to explain why Port Burwell is …


Caught In The Immigration Cross-Fire: The Changing Dynamics Of Congressional Support For Skilled Worker Visas, Maryam Tanhaee Stevenson Aug 2012

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) …


National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen Jul 2012

National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen

Master's Theses and Doctoral Dissertations

Recent studies indicate that the United States is trailing other countries in technological innovation and competitiveness. This case study examined national security policy constraints on technological innovation, specifically the Invention Secrecy Act. It focused on the social constructs of collaboration and interdisciplinary knowledge in the aerospace industry. The methodology included historical research, data collection, and semi-structured interviews with experts from academia, general industry, government and public policy, aerospace/defense industry, and federal government. The results of the study suggested that since World War II, national security policies have not been clearly and consistently defined, interpreted, or implemented. This lack of clarity …


The Fourth Amendment After The Usa Patriot Act: Cross-State Comparison On The Effect Of Ideology And Partisanship In State Legislation Of Anti-Patriot Act Resolutions And Wiretapping/Eavesdropping Laws, Zoe Atlas Jun 2012

The Fourth Amendment After The Usa Patriot Act: Cross-State Comparison On The Effect Of Ideology And Partisanship In State Legislation Of Anti-Patriot Act Resolutions And Wiretapping/Eavesdropping Laws, Zoe Atlas

Honors Theses

The USA Patriot Act, passed in September 2001, changed the standards of Fourth Amendment rights and protections. The USA Patriot Act gave more authority to the government and diminished the rights and privileges given to individual citizens. An eruption of Fourth Amendment legislation and cases arose in the states following the passage of the act and it created a problem for policy and implementation. The legislation presented, for the USA Patriot Act and wiretapping/eavesdropping laws, demonstrated the differences in opinions on these issues on the individual state level. These drastic differences in policy between states created a question of why …


Occupy Wall Street: A Movement In The Making, Hannah G. Kaneck May 2012

Occupy Wall Street: A Movement In The Making, Hannah G. Kaneck

Senior Theses and Projects

It has changed the landscape of America in just the last eight months. Cries of “We are the 99%” fill the air. People are angry. Many will argue for years to come what the occupation has actually done for American society, politics and culture. It is clear though that things are changing. A precipice has been reached and it does not seem that those truly devoted to changing the system will back away quietly. Over the last 28 weeks I have read countless articles and interviews of occupiers from all over the world who have converged on Zuccotti Park in …


The Power To Regulate: State Vs. Federal Authority In Immigration Law, Mallory E. Young May 2012

The Power To Regulate: State Vs. Federal Authority In Immigration Law, Mallory E. Young

Chancellor’s Honors Program Projects

No abstract provided.


Human Trafficking Post 9/11 Policy And Practice Beyond Cutting The Tail Off The Snake, Alexandra Caitlin Rice May 2012

Human Trafficking Post 9/11 Policy And Practice Beyond Cutting The Tail Off The Snake, Alexandra Caitlin Rice

Graduate Program in International Studies Theses & Dissertations

The U.S. Department of State estimates that 600,000 to 800,000 victims are trafficked across international borders each year, approximately 14,500 to 17,500 of which are trafficked into the United States. The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) was created to combat human trafficking in the country, and as a result created the T-visa to provide immigration relief to non-citizen victims of trafficking. In this work I analyze U.S. government efforts to combat trafficking in the twelve years following implementation of the VTVPA. I expand my analysis beyond T-visa distribution data to incorporate interviews with high-level government …


Equality Of Participation: A Rawlsian Critique Of U.S. Federal Campaign Finance, Spenser Flinn Powell May 2012

Equality Of Participation: A Rawlsian Critique Of U.S. Federal Campaign Finance, Spenser Flinn Powell

Chancellor’s Honors Program Projects

No abstract provided.


The Trans-Pacific Partnership And Japanese Politics, Eliot Francis Watson May 2012

The Trans-Pacific Partnership And Japanese Politics, Eliot Francis Watson

Chancellor’s Honors Program Projects

No abstract provided.


The 5 W'S Of The White House Tribal Nations Conferences: 2009-2011, Elizabeth A. Shulterbrandt Apr 2012

The 5 W'S Of The White House Tribal Nations Conferences: 2009-2011, Elizabeth A. Shulterbrandt

Scripps Senior Theses

This paper attempts to provide an answer to the question of why the White House Tribal Nations Conferences (2009-2011) are happening by offering two hypothesis-- the first being the growing American Indian political power, while the other looks at whether the Conferences are simply symbolic politics--as potential answers. An in depth analysis of the Conferences and the purported accomplishments from the summits are analyzed in order to gain a deeper understanding of the Conferences themselves. Lastly, an interview with a tribal leader is presented to provide another framework in which to view the Conferences.


Bankruptcy And Politics: A Framework For Bankruptcy Policymaking In The United States Congress And Courts, Kevin Mandell Ball Jan 2012

Bankruptcy And Politics: A Framework For Bankruptcy Policymaking In The United States Congress And Courts, Kevin Mandell Ball

Wayne State University Dissertations

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was enacted amid much controversy and was considered by many observers to mark a major change in the direction of U.S. bankruptcy policy. The dissertation uses the law's passage as a vehicle to develop an explicit model of the integrated role of Congress, issue networks, and the courts in making policy. Following Baumgartner and Jones (1993), Sabatier (1988), and others, the dissertation tracks bankruptcy policymaking and implementation over a seventy-five year period to demonstrate that policy is made in three distinct venues: Congress; a policy community made up of lawyers, …


Good Governance In The Treaty-Making Process And Its Democratic Dilemma, Wanaporn Techagaisiyavanit Jan 2012

Good Governance In The Treaty-Making Process And Its Democratic Dilemma, Wanaporn Techagaisiyavanit

Maurer Theses and Dissertations

The emergence of Thailand’s treaty reform has not only brought change to its legal landscape, but also significant social, political and economic implications within the governing process. While it is political and social in the sense that the mechanisms introduced under Section 190 of the 2007 Constitution (treaty clause) are intended to secure greater accountability and transparency in the public administration through the increased involvements of the public and the institutional branches, the economic dimension derives from the fact that this provision directly deals with the scope of the executive’s authority in the conduct of international relations, trade and investment …


The Politics Of Physical Education Reform, Ari Zyskind Jan 2012

The Politics Of Physical Education Reform, Ari Zyskind

CMC Senior Theses

The purpose of the paper is to determine why today's youth are so physically inactive by examining the role and efforts of physical education, and the state and federal governments responsibility in supporting these programs, in fighting today's obesity epidemic by creating generations of healthy and physically active children. Research led to the determination that states have failed to maintain and improve physical education resulting in a physically inactive youth. Therefore, the nation should look to federal legislation to support state-led physical education, which this paper found to be constitutional if the enactments followed the provisions established in South Dakota …


Cyberwar And International Law: An English School Perspective, Anthony F. Sinopoli Jan 2012

Cyberwar And International Law: An English School Perspective, Anthony F. Sinopoli

USF Tampa Graduate Theses and Dissertations

Cyberwar challenges future endeavors of state security. As technological capability has improved, and access to information has become more widespread the importance of the issue in today's ever-globalizing world grows each day. A primary objective is to evaluate the place of cyber-warfare against nation-states and any repercussions under an international law paradigm. Utilizing an English School perspective, emphasis will be applied to the argument that disruptive circumstances could come to fruition if international conventions are not created to bring consensus and order among nation-states on this subject. This study hypothesizes that a future application could be an agreement under international …


The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer Jan 2012

The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer

CMC Senior Theses

This paper examines the causes of the rise in vacancies on the federal courts in recent decades. Under President Barack Obama, the number of vacancies on the federal courts has sharply jumped. This is due to firm opposition by Senate Republicans, who have used the various procedural tools of that body to make it difficult for nominees to get confirmation. This antagonism is the result of a shift in how the parties view the courts and their role in the American political process. The Warren Court's expansion of substantive due process rights increased the Court's powers to the chagrin of …