Open Access. Powered by Scholars. Published by Universities.®

Law

Theses/Dissertations

Institution
Keyword
Publication Year
Publication

Articles 1 - 30 of 102

Full-Text Articles in Oceanography and Atmospheric Sciences and Meteorology

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu Feb 2024

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …


Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy, Luke Bartol Jan 2023

Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy, Luke Bartol

Honors Projects

With the impacts of climate change becoming more and more apparent every day, finding means of effective action to mitigate its effects become increasingly critical. While localized work can play an important role, federal action is necessary to have the most widespread and effective impact, especially on interconnected issues such as clean energy. Congressional action is the avenue of change at this level, however in an increasingly partisan and divided environment, progress on this front is far short of what is needed.

Looking to the president is logical here, both as a single actor more insulated from partisan fights, but …


Earth Alienation And Space Exploration: Uncharted Territory For Sociology, Sam Arroyo Jan 2019

Earth Alienation And Space Exploration: Uncharted Territory For Sociology, Sam Arroyo

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.


Public Participation During Reactive, Crisis-Driven Drought Planning Versus Proactive, Preparedness Planning, C. Anna Ulaszewski Jan 2018

Public Participation During Reactive, Crisis-Driven Drought Planning Versus Proactive, Preparedness Planning, C. Anna Ulaszewski

Walden Dissertations and Doctoral Studies

Droughts are occurring globally and should be recognized as a global issue and drought planning should use a proactive approach on the part of the world community. However, much drought planning, even in developed and highly developed countries, is reactive and programs are often poorly coordinated sometimes with unforeseen negative consequences for marginalized and disenfranchised populations. Literature pertaining to planning strategy for existing, drought crises is nominal and often contributes to patterns of reactiveness and resulting inequity. To gain a better understanding of crisis-driven planning and the participatory process, this gap was viewed through the lenses of institutional analysis and …


A Landscape Of Thermal Inequity: Social Vulnerability To Urban Heat In U.S. Cities, Bruce Coffyn Mitchell Jul 2017

A Landscape Of Thermal Inequity: Social Vulnerability To Urban Heat In U.S. Cities, Bruce Coffyn Mitchell

USF Tampa Graduate Theses and Dissertations

A combination of the urban heat island effect and a rising temperature baseline resulting from global climate change inequitably impacts socially vulnerable populations residing in urban areas. This dissertation examines distributional inequity of exposure to urban heat by socially disadvantaged groups and minorities in the context of climate justice. Using Cutter’s hazards-of-place model, variables indicative of social vulnerability and biophysical vulnerability are statistically tested for their associations. Biophysical vulnerability is conceptualized utilizing a urban heat risk index calculated from summer 2010 LANDSAT imagery to measure land surface temperature , structural density through the normalized difference built-up index, and vegetation abundance …


Water In The 21st Century, Grayson Michael Shor Jun 2014

Water In The 21st Century, Grayson Michael Shor

Social Sciences

The aim of this research project is to provide a comprehensive and global analysis of water use in order to provide the reader with a comprehensive grasp of current and impending issues. The included five (5) chapters discuss water distribution, conservation, purification, law, international development, economic debates, ethical consideration, as well as educated estimations of the effects water related issues may cause in the next one-hundred years.


The Effects That Liquid And Solid Cattle Manure Have On The Water Quality Of Drainage Ditches In Putnam County, Ohio, Janelle Horstman Jan 2014

The Effects That Liquid And Solid Cattle Manure Have On The Water Quality Of Drainage Ditches In Putnam County, Ohio, Janelle Horstman

Honors Projects

Lake Erie has experienced harmful algal blooms with increased frequency since the mid-1990s due to excess nutrients from Rivers, such as the Maumee River, and largely agricultural watersheds. Nonpoint source pollution from agriculture contributes to eutrophication, algal blooms, and the degradation of water quality. This creates stress on aquatic fauna, reduced aesthetic quality, odor, and limits of the water for usage of drinking, recreation, and industry. This research paper asks what the contributions of having access to manure application records, soil records, and information about antibiotics have on what is known about manure management and antibiotic resistance, which has been …


A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola Jan 1996

A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola

Theses and Major Papers

During the mid-1980's, the crisis in marine insurance and growing concern over fishing vessel safety combined to stimulate passage of the Commercial Fishing Industry Vessel Safety Act of 1988. This law was enacted with the goal of improving the overall safety of commercial fishing industry vessels. However, the Act as passed by Congress contained no provisions for marine insurance reform. As a result, the commercial Fishing Industry Vessel Safety Act offered little incentive for the industry to improve upon its dubious safety record. With the exception of self-insurance clubs, the vast burden of implementing the Act has fallen upon the …


Federal Legislation Needed To Improve Towing Vessel Safety, Paul J. Keenan Jr. Jan 1996

Federal Legislation Needed To Improve Towing Vessel Safety, Paul J. Keenan Jr.

Theses and Major Papers

To the casual observer, towing vessels and barges, with their low profile and unassuming presence, may seem to be an uninspiring and small part of the shipping scene. However, tank and dry cargo barges actually carry sixty-nine percent of our nation's domestic waterborne commerce. Regulations for large ships, especially oil tankers, have touched every aspect of the shipping industry, including naval architecture, engineering, damage control, manning, training, licensing, etc. Towing vessels and barges however, have largely managed to escape the proliferation of regulation. Current legislation does not provide for the inspection of sea-going towing vessels under three hundred gross tons …


Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly Jan 1996

Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly

Theses and Major Papers

Harbor management planning is a relatively new concept in this country. What is believed to be the first municipal level harbor management plan (HMP) in the United States originated from a need to resolve a problem of encroachments on a Federal navigation channel in Connecticut. This method of harbor planning was soon recognized as an effective management tool and was used as a model for other coastal communities in the Northeast. While early HMPs primarily focused on mooring management, today's plans address many more harbor issues. The Coastal Zone Management Act was intended to form a national coastal zone management …


Maritime Fisheries Enforcement Analysis Of The Nmfs Northeast Region, John Thomas Davis Jan 1996

Maritime Fisheries Enforcement Analysis Of The Nmfs Northeast Region, John Thomas Davis

Theses and Major Papers

The success or failure of fishery management plans (FMP's) is dependent upon many factors. One of those factors is the level of compliance to the regulations implementing the conservation and management decisions of the FMP's that is achieved. Although compliance with regulations does not guarantee the success of management efforts, failure to ensure adequate compliance with management objectives results in failed conservation and management efforts. Enforcement is a crucial element towards achieving conservation and management goals. The objective of this paper is to analyze the maritime fisheries enforcement system in the geographic bounds of the national marine Fisheries Service's (NMFS) …


Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize Jan 1996

Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize

Theses and Major Papers

this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that …


The Expanding Role Of State Government In Oil Pollution Prevention Through Regulation Of The Coastal Tug And Barge Industry, Elise Erica Golden Jan 1996

The Expanding Role Of State Government In Oil Pollution Prevention Through Regulation Of The Coastal Tug And Barge Industry, Elise Erica Golden

Theses and Major Papers

The Oil Pollution Act of 1990 was enacted by Congress in order to streamline the legislative and regulatory framework governing oil spill prevention, liability, and response. However, in the six years since this law was enacted, a proliferation of oil pollution prevention laws have been enacted at the state level. Many of these state laws directly target the oil transportation industry, and such legislation has ignited controversy among marine safety experts as to the appropriate role of state government in preventing oil spills through industry regulation. This thesis examines one such law, recently enacted by the State of Rhode Island …


Atlantic Bluefin Tuna Management, Jeffrey C. Fisher Jan 1995

Atlantic Bluefin Tuna Management, Jeffrey C. Fisher

Theses and Major Papers

The International Commission for the Conservation of Atlantic Tunas (ICCAT) and federal management under the U.S. National marine Fisheries Service (NMFS) has certainly been contentious. Atlantic bluefin tuna have been managed at the international level by ICCAT for the past 25 years. NMFS is the organization responsible for implementing ICCAT recommended conservation and management measures in the United States. In an attempt to halt an apparent decline in the abundance of bluefin tuna in the western Atlantic, ICCAT has recommended strict management measures including catch quotas, minimum sizes, "no-sale" provisions, and spawning area protection since 1981. ICCAT had recommended in …


The Ocean Research Vessel Act Of 1965: An Inequitable Result Suggests Reevaluation, Philip Alan Sacks Jan 1995

The Ocean Research Vessel Act Of 1965: An Inequitable Result Suggests Reevaluation, Philip Alan Sacks

Theses and Major Papers

In 1965 Congress passed the ocean Research Vessel Act (ORVA) with the purpose of encouraging the nation's efforts in oceanographic studies. Section 4 of the ORVA states that "scientific personnel on an oceanographic research vessel shall not be considered seamen under the provisions of title 53 of the Revised Statues...". As a result of a literal interpretation of this wording, the Courts have ruled that scientific personnel are excluded from the beneficial remedies afforded all other seamen under the Jones Act. Some courts have also denied an injured scientist "seaman status" under the general maritime law. This paper argues that …


Assessing The Impact Of Amendment 2 To The Summer Flounder Fishery Management Plan: Implications Of State-By-State Quotas For Vessel Operators, Karen Ellis Greene Jan 1995

Assessing The Impact Of Amendment 2 To The Summer Flounder Fishery Management Plan: Implications Of State-By-State Quotas For Vessel Operators, Karen Ellis Greene

Theses and Major Papers

The state-by-state quota regulation contained in Amendment 2 to the Summer Flounder Fishery Management Plan became effective on January 1, 1993. The research sought to determine the implications that the state-by-state quotas have imposed on federal summer flounder permit holders. commercial fishermen were believed to have landed their summer flounder out-of-state to take advantage of more favorable possession limits in other states, and to have accrued higher costs as a result of their decisions to land out-of-state. A survey was administered to commercial fishermen in Massachusetts, Rhode Island, and North Carolina, to ascertain behavioral changes, as a result of state-by-state …


Liability Issues In The Development Of Electronic Chart Display Information Systems, Daniel R. Martin Jan 1995

Liability Issues In The Development Of Electronic Chart Display Information Systems, Daniel R. Martin

Theses and Major Papers

The Electronic Chart Display Information System (ECDIS) is a new and evolving aid to navigation. Proponents claim ECDIS will help navigators to synthesize previously disparate information and result in safer navigation. The technology to implement ECDIS already exists; the major hurdle the maritime community faces is the legal uncertainties associated with ECDIS. This paper investigates the potential legal impact ECDIS would have on the government, shipowners, mariners, and manufacturers, and evaluates current international efforts to promote ECDIS. Through a detailed analysis of admiralty and aeronautical case history, it is evident that; 1) generation of electronic nautical charts can post a …


North American Sea Urchin Fishery Management Strategies: Their Applicability To The Maine Green Sea Urchin Fishery, Kate Sullivan Jan 1995

North American Sea Urchin Fishery Management Strategies: Their Applicability To The Maine Green Sea Urchin Fishery, Kate Sullivan

Theses and Major Papers

The Maine green sea urchin fishery has experienced dramatic growth since its inception in 1987. Landings have increased from 1.4 million pounds in 1987 to 41.6 million pounds in 1993 (NMFS, Fisheries Statistics). The reproductive gonads, referred to as roe or 'uni' are shipped fresh from Maine to japan, where the uni is a delicacy item fetching high unit prices on the Japanese fish market. The green sea urchin from Maine, Strongylocentrotus droebachiensis, is the third highest priced sea urchin product imported in Japan (Anon., 1989). Country-wide, sea urchin fisheries are one of the fastest growing fishing industries (Phu, …


Towing Vessel Safety: Analysis Of Congressional And Coast Guard Investigative Response To Operator Involvement In Casualties Where A Presumption Of Negligence Exist, Paul J. Cormier Jan 1994

Towing Vessel Safety: Analysis Of Congressional And Coast Guard Investigative Response To Operator Involvement In Casualties Where A Presumption Of Negligence Exist, Paul J. Cormier

Theses and Major Papers

Legislation proposed by members of the 103rd Congress to address towing vessel safety resulted from three focusing events. The proposed legislation was not passed. There is a continuing need to address the human element in marine casualties. Prevention through enforcement is a viable solution to some human causal factors. Numerous personnel investigations which should have been initiated following towing vessel groundings during 1992 and 1993, were not pursued; despite a presumption of negligence that exists in grounding cases. Due to the presumption, all groundings, and particularly those attributed to human factors during a casualty investigation provide sufficient reason to initiate …


The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase Jan 1994

The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase

Theses and Major Papers

There is an increasingly powerful and vocal group coalescing in society today, sometimes described as anti-environmentalists or Property Firsters, who feel that the government has exceeded its authority in interfering with individual rights for the purpose of protecting natural resources. Regardless of any personal convictions regarding this often emotionally-charged issue, people involved in coastal management and planning should be aware of the changes in legal doctrines which have come about as a result of "property first" challenges to regulatory or zoning statutes. These challenges have been pursued successfully in the courts by characterizing state and local land use ordinances as …


The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure Jan 1994

The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure

Theses and Major Papers

During the 1991 Persian Gulf War, the retreating Iraqis caused the deliberate discharge of six million barrels of oil into the shallow waters of the Persian Gulf. The immediate impact on the ecosystem was dramatic, and, because of the intense media coverage of the conflict, highly visible to the American public. The spill popularized the term 'ecoterrorism' and raised serious questions about the applicability of international law to the situation. There are numerous conventions that seek to establish standards of due diligence for the prevention of accidental pollution and to impose civil liability on those who damage the environment, but …


State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis Jan 1994

State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis

Theses and Major Papers

In recent times, there has been a proliferation of laws enacted by individual states and townships which restrict the ability of mariners to anchor within navigable waters of the United States. These laws have been enacted in many of the coastal states, but are most prevalent in California, Florida and Hawaii. Uncertainty as to whether anchoring is an act of navigation, thereby being a constitutional right, has resulted in confusion among boaters, legal authorities and policy makers. In an attempt to clarify the uncertainty surrounding this issue, a lawsuit challenging the constitutionality of anchoring laws within the State of Hawaii …


The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr. Jan 1993

The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr.

Theses and Major Papers

The controversy between Japan and Russia over the ownership of the Kuril Islands is a significant barrier to improved diplomatic relations in the Far Eastern region. Because of this dispute, Japan and Russia have not yet signed a peace treaty to formally end the second world war and neither side seems willing to make any significant concessions to reach a compromise. The issue of ownership of these islands has been a continuing focal point of Russo-Japanese relations since the two nations first made contact in the late eighteenth century. The various aspects of this dispute are complex and have continued …


Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi Jan 1993

Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi

Theses and Major Papers

This paper will examine the evolving role of the port State with regard to the enforcement of international safety of life at sea and pollution control standards and its effect on improving maritime safety and reducing vessel-source pollution. Chapter 2 will analyze the flag State enforcement regime, with particular emphasis on flags of convenience or open registries countries demonstrating the inadequacy of flag State enforcement and the need for port State control. Chapter 3 will examine the concept and legal requirements of the port State control regime. Chapter 4 will focus on the role of the port State with respect …


Merchant Vessel Crew Levels: An American Perspective, Douglas A. Nemeth Jan 1992

Merchant Vessel Crew Levels: An American Perspective, Douglas A. Nemeth

Theses and Major Papers

This paper, with an emphasis on policies of "effective manning," provides a critical appraisal on the issue of crew levels aboard large merchant vessels (those greater than 1,000 gross tons). Non-traditional approaches to crew organization and management are discussed. Special regard is made to addressing the various domestic and international laws, regulations, and conventions that pertain to ships' manning. The relationship between the seafarer and ships' safety is emphasized as it pertains to reduced crew size. It is argued that U.S. manning laws and regulations should be amended to permit not only smaller crews, but organizational changes aboard ship that …


Contemporary Piracy And Maritime Terrorism: Towards An Effective International Legal Response, David L. Scott Jan 1992

Contemporary Piracy And Maritime Terrorism: Towards An Effective International Legal Response, David L. Scott

Theses and Major Papers

Piracy at sea has been a threat which has plagued the mariner since the earliest trading vessels took to the sea more than two thousand years ago. to those outside of the maritime community, the notion of piracy likely conjures up visions of Captain Kidd and Blackbeard, the sort of lifestyle, popularized in the Errol Flynn movies of the 1930x, which has long since passed into history. In reality, violence and robbery at sea is alive and well in certain geographic locations around the globe. In the past decade, the problem of pirate attack upon merchant vessels has become especially …


The Americans With Disabilities Act Of 1990: Implications For The Manning, Operation And Construction Of U.S. Commercial Vessels, Steven M. Stancliff Jan 1992

The Americans With Disabilities Act Of 1990: Implications For The Manning, Operation And Construction Of U.S. Commercial Vessels, Steven M. Stancliff

Theses and Major Papers

The Americans with Disabilities Act of 1990 adds a new dimension to the body of anti discrimination law in the United States. Encompassing nearly all aspects of employment and public life, it has sent a shock wave of concern throughout the commercial vessels industry. Through examination of the Act's salient features and potential application to commercial vessel operation, manning, and construction, it is concluded that the Act's goals may be substantially achieved without additional risk or significant financial harm to shipowners. The requirements of the Americans with Disabilities Act of 1990 are not considered to be inconsistent with a shipowner's …


Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena Jan 1992

Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena

Theses and Major Papers

Sri Lanka declared her Exclusive Economic Zone in 1977, under Section 56 of the Maritime Zone Law No.22 of 1976. With this declaration she extended her jurisdiction over a 500,000 km of sea area as a coastal state. The acquisition of this vast sea area enables Sri Lanka to provide the most needed animal protein requirement of her population by harnessing the fishery resources available in the EEZ. This paper reviews the impact of the declaration of the Exclusive Economic Zone on the offshore and deep sea fish production in Sri Lanka from 1977 to 1990 especially in relation to …


Problems Of Fisheries Management On The Patagonian Shelf: A Decade After The 1982 Falklands (Malvinas) Conflict, Gustavo A. Bisbal Jan 1992

Problems Of Fisheries Management On The Patagonian Shelf: A Decade After The 1982 Falklands (Malvinas) Conflict, Gustavo A. Bisbal

Theses and Major Papers

The armed conflict between Argentina and Britain over the Falkland Islands (Islas Malvinas) early in 1982, resulted in a confusing partition of the maritime area around these islands. The military strategies and policies developed by both countries during and after the war created an unclear situation regarding limits and jurisdictions, thus delaying managerial actions and regulation enforcement over the fishing resources of the area. Several foreign fishing fleets operating in the region at the time, took advantage of the lack of protective legislation and recognized authority, resulting in overfishing of species such as squid and hake. No significant control was …


The Politics Of Tidelands: A Case Study Of The Massachusetts Chapter 91 Program, Jane Mcnally Wright Jan 1992

The Politics Of Tidelands: A Case Study Of The Massachusetts Chapter 91 Program, Jane Mcnally Wright

Theses and Major Papers

The Massachusetts Chapter 91 Waterways Program is a licensing program through which the Commonwealth carries out its responsibilities under the Public Trust Doctrine. It was unclear when this study was undertaken whether public participation in the program development process resulted in a different program than the draft program the state originally proposed in 1986. This qualitative case study was developed based on hundreds of pages of letters, comments and testimony from the public, press clippings and interviews. The primary finding is that public participation, particularly from so-called special interest groups, resulted in a final program which was significantly different from …