Law Commons^™

Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo

Master's Theses

Cameroon, one of the countries in the world that continues to criminalize homosexuality, has been on the news recently due to the torture and murder of young journalist and gay activist, Eric Ohena. This paper examines the discrimination faced by the LGBTI community in Cameroon by exploring the origins of homophobic violence, the role played by Cameroon's legal system, and the struggles of LGBTI Cameroonians in their fight for a better life. The analysis includes a review of the work by scholars on colonialism and sexuality in Africa, and questions the roots of violence and abuse against the LGBTI community …

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru

Master's Theses

Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …

The Evolution Of Statesmanship In The United States: How The Democratization Of Civic Education And Presidential Selection Transformed The American Executive, Andrew Depasquale

Morehead State Theses and Dissertations

A thesis presented to the faculty of the College of Business and Public Affairs at Morehead State University in partial fulfillment of the requirements for the Degree of Master of Arts in Government by Andrew DePasquale on December 6, 2013.

Victims’ Opportunities To Review A Decision Not To Prosecute Made By The Crown Prosecutor, Li Tian

Electronic Thesis and Dissertation Repository

In Canada, Crown prosecutors and the Attorney General are not always as fair as we expect when making charging decisions, and therefore victims could be personally aggrieved by unfair and unjust decisions not to prosecute. When this happens, victims have limited remedy to redress the unfairness and unjustness in order to uphold their interests in a criminal proceeding. Conversely, the European Union, United Kingdom, and the United State have taken steps to let victims challenge decisions not to prosecute to some extent. Drawing on experiences of the abovementioned jurisdictions, I propose a two-level process of review for decisions not to …

African American Oral Histories Of Oak Ridge, Tennessee, Public Schools During The Early Days Of Desegregation, 1955 – 1967, Lorena B. Whipple

Doctoral Dissertations

Many traditional historical texts of the United States are missing the voiced presence of African Americans. Existing historical texts concerning desegregation in the South, and particularly in Tennessee, are missing African Americans’ experienced perspectives during racial desegregation in Oak Ridge, Tennessee. The intention of this dissertation is to use oral history as a methodology to document the memories of seven African Americans who participated in the racial desegregation of Oak Ridge, Tennessee public schools. Critical race theory is the interpretive lens used to analyze the interviews. The oral historical accounts contained in this study suggest African Americans have a unique …

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

From Temporary Incentive To Perpetual Entitlement: Historical Perspective On The Evolving Nature Of Copyright In America, Evan Boyd Billingsley

Graduate Theses and Dissertations

The original purpose of copyright legislation was to grant a temporary economic monopoly to an author of a creative work. This monopoly is meant to incentivize authors to contribute to the public good with works that promote progress in science and art. However, increases in the scope and duration of copyright terms grant overly broad protections and controls for copyright owners, while advances in technology have provided the public with the potential for near-limitless access to information. This creates a conflict between proprietary interest in creative works versus the public's right and ability to access same. Efforts to balance these …

Native American Empowerment Through Digital Repatriation, Michelle L. Fitch

Electronic Theses and Dissertations

Following the Enlightenment, Western adherence to positivist theory influenced practices of Western research and documentation. Prior to the introduction of positivism into Western scholarship, innovations in printing technology, literary advancements, and the development of capitalism encouraged the passing of copyright statutes by nation-states in fifteenth century Europe. The evolution of copyright and positivism in Europe influenced United States copyright and its protection of the author, as well as the practice of archiving and its role in interpreting history. Because Native American cultures practiced orality, they suffered the loss of their traditional knowledge and cultural expressions not protected by copyright. By …

The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock

UNLV Theses, Dissertations, Professional Papers, and Capstones

Current law requires that juveniles be competent to stand trial prior to their involvement as defendants in court. According to Dusky v. US, a defendant must have a rational and factual understanding of the court proceedings to be deemed competent to stand trial. Past studies call into question whether juveniles at any age could meet the understanding element of the standard articulated in Dusky v. US (1960). Additionally, youth with disabilities have less knowledge than their typical peers. Besides a lack of legal knowledge, court related anxiety has also been found to have a significant effect on youths going to …

Resolving Public Records Disputes In Wisconsin: The Role Of The Attorney General's Office, Jonathan Anderson

Theses and Dissertations

This study investigates how the Wisconsin attorney general reviews and sometimes intervenes in access disputes over the state's public records law. The study posed three primary questions: How do the attorney general's administrative review mechanisms operate in practice? To what extent are the mechanisms effective at resolving disclosure disputes? And do the mechanisms help people unable to hire a lawyer to litigate? The study analyzed correspondence in 304 cases over six years to generate data on the quantity and nature of the attorney general's caseload in that time period. The study also interviewed 17 requesters to understand their disputes, their …

The Regulation Of Mixed Martial Arts, Angelo Schildhauer

Honors Theses

No abstract provided.

Effects Of A Professional Sports Lockout On A Regional Economy, Brandyn Hinnrichs

Honors Theses

No abstract provided.

Fuller And Godel: Prophets Against The Evils Of Positivism: How The Natural Law Is Necessary To Provide Legal Meaning And Consistency, Henry James Garon

LLM Theses

Gödel showed that formal systems which discuss natural numbers cannot be complete or prove their own consistency. Incompleteness in this sense is limited to formal systems, and so is not applicable to law by it own terms.

Looking to the philosophy behind the Incompleteness Theorem, Gödel intended to show that positivism was a bankrupt world-view, and this resonates strongly with Lon Fuller. Fuller is analogous to Gödel in his condemnation of the positivist philosophy because he showed that a system of rules, by itself, was not capable of rendering judgments. A legal system is dependent upon an external morality, but …

Grounding Equality In Social Relationships: Suspect Classification, Grounds Of Discrimination, And Relational Theory, Jessica Nichol Eisen

LLM Theses

This thesis considers the implications of relational theory for doctrinal debates in Canadian and American constitutional equality law, with a focus on grounds of discrimination and suspect classification. Chapter 1 sets out the fundamentals of feminist relational theory, emphasizing relational approaches to difference, equality, and rights. Chapter 2 considers the methodological implications of applying relational theory to doctrinal problems. Chapter 3 sets out the basic structure and evolution of the suspect classification inquiry in American equal protection law. Chapter 4 does the same in respect of the Canadian doctrinal approach to grounds of unconstitutional discrimination. Finally Chapter 5 ties together …

Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu

PhD Dissertations

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …

Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande

Electronic Thesis and Dissertation Repository

This thesis shows how an emissions trading scheme can help African countries contribute to the goal of stabilizing the concentration of greenhouse gases in the atmosphere. This is done through an assessment of the gaps in Africa’s climate change mitigation policy architecture and the potential benefits of emissions trading as a policy instrument—including lessons learned from emissions trading schemes implemented in the US, the EU, New Zealand, and Chile. The thesis concludes that adopting an emissions trading scheme as a policy instrument in Africa could potentially close the gaps in its policy architecture.

Democratizing The Criminal: Jury Nullification As Exercise Of Sovereign Discretion Over The Friend-Enemy Distinction, Timothy A. Delaune

Open Access Dissertations

This dissertation examines jury nullification - the ability of American juries in particular criminal cases to ignore or override valid law to be applied to defendants by acquitting them in cases in which the facts are undisputed or clear - as an exercise of sovereignty over the friend-enemy distinction as those terms are defined by Carl Schmitt. It begins with a biography of Schmitt and a description of his concept of sovereignty as ultimate decisional power. It then discusses sovereignty in the American context, with particular attention to the principles of the Founding and the nature of the fictively constructed …

Research On The Legal And Practical Issues With Respect Of Port State Control Regiem, Yu Ding

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Relationships Between Registration, Delivery And Transfer Of Ship Ownership, Guixin Chen

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Swot Analysis Of The Authorization Of Chinese Ship Recycling Yards, Faming Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Implementation Issues Of Seafarer’S Onboard Training In China, Guoyu Shao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

The Appliance Of Scopic Clause In Salvage Projects : A Salvage Case Study Under The Scopic Clause, Peng Wang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Research On The Necessity And Feasibility Of The Implementation Of The Mlc, 2006 In China, Zhiliang Ren

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Influence Of Evolution Of Imsas In Implementation Of Stcw Convention And Related Issues, Jie You

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Research On The Relationship Between China Maritime Safety Administration And Ro For Implementing Imo Member State Audit Scheme And Relative Path Choice, Bingtuan Zuo

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Research On China Msa's Implementation Of Maritime Labour Convention, 2006, Xiaodong Zhang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

China Msa’S Supervision Power On Pollution Prevention From Ships In Different Water Areas Under Unclos Framework, Penghao Zhou

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia

Electronic Thesis and Dissertation Repository

The Assisted Human Reproduction Act (AHRA) is a piece of federal legislation that was passed in 2004. The province of Quebec issued a reference question regarding the constitutionality of the federal legislation and in 2010 the Supreme Court of Canada rendered its opinion. The result was a success for the provinces because the Supreme Court’s verdict severely limited the scope of the federal legislation. In addition to clarifying the limits of the federal government’s criminal law power, the saga of the AHRA also helps illustrate the integral role the concept of co-operative federalism plays in modern Canadian inter-governmental …

Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik

Electronic Thesis and Dissertation Repository

As concerns about the environment increase and civilians continue to become casualties of armed conflict, we must reflect on traditional approaches and applications of International Humanitarian law [IHL]. While the current state of IHL provides protections for civilians and the environment, examples in practice of excessive harms to both suggest a gap exists in these protections. Current academic literature in the field tends to focus on either the protection of civilians or the protection of the environment, on either IHL or International Environmental law [IEL]. This is problematic as the two are inextricably linked: civilians and environment often, if not …

Corporate Social Responsibility In Canadian Banking A Case Study On The Equator Principles, Ian Osellame

Electronic Thesis and Dissertation Repository

This thesis considers the role of Corporate Social Responsibility (CSR) in the Canadian banking sector. Although the relevance of CSR continues to be debated, this analysis starts from the position that CSR is now a fact of life for modern banks and tests whether Canadian banks are demonstrating CSR behavior through their adoption of the Equator Principles: a series of guidelines on the management of social and environmental issues that banks voluntarily commit to follow in their project financing activities. This thesis concludes that examples of CSR behavior can be observed as Canadian banks continue to define the scope of …