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2016

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Campus Safety V. Freedom Of Speech: An Evaluation Of University Responses To Problematic Speech On Anonymous Social Media, Susan Dumont Jan 2016

Campus Safety V. Freedom Of Speech: An Evaluation Of University Responses To Problematic Speech On Anonymous Social Media, Susan Dumont

Journal of Business & Technology Law

No abstract provided.

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Interpreters' Self-Perceptions Of Their Use Of Self When Interpreting In Health And Behavioural Health Settings, Nicole Dubus Jan 2016

Interpreters' Self-Perceptions Of Their Use Of Self When Interpreting In Health And Behavioural Health Settings, Nicole Dubus

Faculty Publications

This study examines interpreters' self-perception of their use of self when interpreting in health and behavior-health settings. Constant comparative analysis was used to analyze the individual, semi-structured interviews of thirty-six interpreters. Interpreters, who have developed the skills and techniques required to develop and improve the effectiveness of the intervention. Interpreters are vital members of care teams. Interpreters might be under-utilized if only seen as a language driven. Embracing interpreters as members of the inter professional team may hold great promise for addressing challenges in providing culturally effective services.Cette étude se penche sur l’auto-perception des interprètes de leur recours au soi …

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The Scientist, 2016, San Jose State University, College Of Science Jan 2016

The Scientist, 2016, San Jose State University, College Of Science

The Scientist (College of Science)

No abstract provided.

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Their Meister's Voice: Nazi Reception Of Richard Wagner And His Works In The Völkischer Beobachter, David B. Dennis Jan 2016

Their Meister's Voice: Nazi Reception Of Richard Wagner And His Works In The Völkischer Beobachter, David B. Dennis

History: Faculty Publications and Other Works

A detailed examination of Richard Wagner's reception in Nazi Germany.

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Pretending To Be Liberian And Panamanian; Flags Of Convenience And The Weakening Of The Nation State On The High Seas, Carlos Felipe Llinas Negret Jan 2016

Pretending To Be Liberian And Panamanian; Flags Of Convenience And The Weakening Of The Nation State On The High Seas, Carlos Felipe Llinas Negret

Journal of Maritime Law and Commerce

No abstract provided.

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A Cross-Sectional Investigation Of The Relationships Education, Certification, And Experience Have With Knowledge, Skills, And Abilities Among Aviation Professionals, Daryl Watkins, Jason M. Newcomer, Matthew P. Earnhardt, James W. Marion, Rose A. Opengart, Aaron M. Glassman Jan 2016

A Cross-Sectional Investigation Of The Relationships Education, Certification, And Experience Have With Knowledge, Skills, And Abilities Among Aviation Professionals, Daryl Watkins, Jason M. Newcomer, Matthew P. Earnhardt, James W. Marion, Rose A. Opengart, Aaron M. Glassman

International Journal of Aviation, Aeronautics, and Aerospace

The aviation industry is a complex system with many different segments and as such, makes hiring the right person a complicated endeavor. Previous research suggested that knowledge, skills, and abilities (KSAs) are composed of elements that include education, certification, and experience (ECE). The relative importance of ECE is dependent on the type of job within the aviation sector. The objective of this mixed-methods concurrent triangulation study was to examine aviation industry professionals’ perceived relationship between their ECE and the development of their KSAs. The convenience sample consisted of 404 professionals in the aviation industry who completed the KSA Composite Measure …

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Electronic Voting Service Using Block-Chain, Kibin Lee, Joshua I. James, Tekachew G. Ejeta, Hyoung J. Kim Jan 2016

Electronic Voting Service Using Block-Chain, Kibin Lee, Joshua I. James, Tekachew G. Ejeta, Hyoung J. Kim

Journal of Digital Forensics, Security and Law

Cryptocurrency, and its underlying technologies, has been gaining popularity for transaction management beyond financial transactions. Transaction information is maintained in the block-chain, which can be used to audit the integrity of the transaction. The focus on this paper is the potential availability of block-chain technology of other transactional uses. Block-chain is one of the most stable open ledgers that preserves transaction information, and is difficult to forge. Since the information stored in block-chain is not related to personally identify information, it has the characteristics of anonymity. Also, the block-chain allows for transparent transaction verification since all information in the block-chain …

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An Investigation Into The Opportunities And Challenges For A Low Carbon Tourism Economy In The South West Of England, Emma Rachel Whittlesea Jan 2016

An Investigation Into The Opportunities And Challenges For A Low Carbon Tourism Economy In The South West Of England, Emma Rachel Whittlesea

School of Geography, Earth and Environmental Sciences Theses

Achieving a reduction in greenhouse gas emissions has become a key challenge facing global society and its economies. Despite this, tourism policy and strategic planning rarely acknowledge carbon mitigation as a strategic objective and tourism as a sector is rarely recognised in low-carbon plans. This situation represents a substantial challenge, as tourism and travel have a high-carbon impact and carbon mitigation is hindered by lack of carbon data, and a continued drive for economic growth. The purpose of this thesis was to investigate the effectiveness of carbon footprinting and scenario modelling to help examine the opportunities and challenges for implementing …

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Female Perpetrated Domestic Abuse: A Study Exploring The Hidden Experiences Of Male Victims Through A Thematic Analysis Of Online Blogs, Louise Hall Jan 2016

Female Perpetrated Domestic Abuse: A Study Exploring The Hidden Experiences Of Male Victims Through A Thematic Analysis Of Online Blogs, Louise Hall

The Plymouth Law and Criminal Justice Review

Despite a great deal of academic literature surrounding domestic abuse in general, it is fair to suggest that the majority of research focuses on male perpetrated domestic abuse and the female victim. This therefore neglects the complexity of domestic abuse as a crime, whilst also undermining and causing further implications for the unrecognised and under researched male victim. Considering how much extensive research has been undertaken to explore female victim experiences of domestic abuse, this study sets out to explore the 'hidden' male victim. It will be evidenced through the collection and thematic analysis of eight online male victim blogs, …

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An Introduction To Corporate Insolvency Law, Hamish Anderson Jan 2016

An Introduction To Corporate Insolvency Law, Hamish Anderson

The Plymouth Law and Criminal Justice Review

English law provides three forms of insolvency proceeding for companies: liquidation, administration and company voluntary arrangements. This paper begins by examining the nature and purpose of insolvency law, the concepts of insolvency and insolvency proceedings, how insolvency practice is regulated and the role of the court. It then considers the sources of the law before describing the distinguishing characteristics of liquidation, administration and company voluntary arrangements. Finally, it deals with the sanctions for malpractice, transaction avoidance and cross-border insolvency.

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Gender Fraud' Where Do We Go From Here?, Penelope Childs Jan 2016

Gender Fraud' Where Do We Go From Here?, Penelope Childs

The Plymouth Law and Criminal Justice Review

This paper outlines work in progress that examines liability for sex offences involving 'gender fraud' and asks how things might be viewed differently from a transnormative perspective. It considers vitiation of consent by active deception as to gender and by non-disclosure of gender history and asks what implications recent case law might have for the transgender community.

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Laspo: Balancing Access To Justice With Legal Austerity In Private Family Law, Anna Parson Jan 2016

Laspo: Balancing Access To Justice With Legal Austerity In Private Family Law, Anna Parson

The Plymouth Law and Criminal Justice Review

No abstract provided.

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A Critical Analysis Of The Investigative And Procedural Powers Of The European Commission In Implementing Competition Law, Bobbie Ryan Jan 2016

A Critical Analysis Of The Investigative And Procedural Powers Of The European Commission In Implementing Competition Law, Bobbie Ryan

The Plymouth Law and Criminal Justice Review

No abstract provided.

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The Duchy Of Cornwall And The Principle Of Crown Immunity, Part Ii: Is The Duchy Free To Break The Law Without Criminal Sanction?, John Kirkhope Jan 2016

The Duchy Of Cornwall And The Principle Of Crown Immunity, Part Ii: Is The Duchy Free To Break The Law Without Criminal Sanction?, John Kirkhope

The Plymouth Law and Criminal Justice Review

No abstract provided.

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The Evolving Interface Between European Competition Law And Intellectual Property Rights: Is There A Balance To Be Achieved?, Cara O'Donoghue Jan 2016

The Evolving Interface Between European Competition Law And Intellectual Property Rights: Is There A Balance To Be Achieved?, Cara O'Donoghue

The Plymouth Law and Criminal Justice Review

A comprehensive debate on the interface between IP (Intellectual Property) and European competition law has emerged over the past 50 years. The initial section of this article examines the gradual development of this conflicting relationship between the two laws. This is followed by an extensive analysis of the relevant precedent, focusing specifically on the significant rulings in Microsoft and IMS Health. The analysis explores the European competition authorities' preference to protect competitors' interests over achieving the general consensus for efficiency in the market and tackles the complex question of whether IP holders should be burdened with the responsibility of safeguarding …

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The Utility Of Key Hate Crime Concepts, Katie Pratt Jan 2016

The Utility Of Key Hate Crime Concepts, Katie Pratt

The Plymouth Law and Criminal Justice Review

This paper seeks to ascertain what exactly are the most important or relevant aspects of hate crime that we need to understand in order to address this most pernicious of acts. Whilst the UK conceptualization of hate crime was borne out of mass media attention on some key violent events, the official responses that followed were heavily shaped by a populist punitive view of how to address the issue. This paper discusses the limitations of the understanding of this issue and instead suggests a broader view of the underlying issue and causal factors as representative of patterns of prejudice and …

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The Absent Voice Of Male Domestic Abuse Victims: The Marginalisation Of Men In A System Originally Designed For Women, Coralie Wright Jan 2016

The Absent Voice Of Male Domestic Abuse Victims: The Marginalisation Of Men In A System Originally Designed For Women, Coralie Wright

The Plymouth Law and Criminal Justice Review

The problematic construction of domestic abuse as a 'gendered, heterosexual phenomenon that is predominantly physical in nature' has served to marginalise male victims of domestic abuse (Donovan and Hester, 2010:279), and impeded them from reaching victim status (Josolyne, 2011). As such, in comparison to women, men receive less recognition as victims within society, and support services are tailored towards the needs of female victims. Relatively little research has been undertaken on the experiences of male victims of domestic abuse, and thus it remains unclear how it is best to support them. This study adopts a qualitative approach to explore the …

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Does Julian Assange Illustrate A Gap In Law That Should Be Codified?, Hamish Tye Jan 2016

Does Julian Assange Illustrate A Gap In Law That Should Be Codified?, Hamish Tye

The Plymouth Law and Criminal Justice Review

This article dissects the legality and purpose of diplomatic asylum, an intrinsically controversial area of international law. It becomes evident that diplomatic asylum residing in a grey area of international law suits many states. It provides an opportunity to reject diplomatic asylum as illegal when it suits a state but grant diplomatic asylum when an opportune moment arises. I conclude that it would be appropriate to introduce a form of diplomatic asylum internationally. Diplomatic asylum appears as a legal concept which persists in providing politically persecuted individuals protection regardless of the criticism grants of diplomatic asylum receive. Therefore Julian Assange …

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Legal High Use Among Young Adults In The South-West Rave/Party Community: Implications For Uk Drug Policy, Patrick Allen Jan 2016

Legal High Use Among Young Adults In The South-West Rave/Party Community: Implications For Uk Drug Policy, Patrick Allen

The Plymouth Law and Criminal Justice Review

The UK government has struggled with controlling the legal high problem since the emergence of mephedrone in 2009. Academic research has provided detailed knowledge on how people perceive these substances, mainly focusing on mephedrone, but has yet to identify a viable solution to escalating usage and availability. This research aimed to determine young adults' (18-26) current perceptions of legal highs and to assess how this might help government shape current proposed policy and futurelegislation more successfully. It also examined the under-researched moralistic interpretations of legal highs. Qualitative research was undertaken in the form of in-depth, semi-structured interviews with 14 experienced …

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The Changing Face Of Domestic Abuse Service Provision, Gemma Henderson Jan 2016

The Changing Face Of Domestic Abuse Service Provision, Gemma Henderson

The Plymouth Law and Criminal Justice Review

This article aims to explore the changing reality of domestic abuse service provision to victims of domestic abuse in the South West of England. By interviewing the professionals who work with the victims, it explores how cuts to funding is altering provisions for victims and multi-agency working and the realities of the move to tendering via the commissioning process. Results illustrate that austerity measures and government reforms have negatively affected domestic abuse service provision over recent years. Not only are there fewer services available but also changes in social policy are forcing the specialist domestic abuse charities to be replaced …

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The Hostilities-Occupation Dichotomy And Cultural Property In Non-International Armed Conflicts, Anne-Marie Carstens Jan 2016

The Hostilities-Occupation Dichotomy And Cultural Property In Non-International Armed Conflicts, Anne-Marie Carstens

All Faculty Scholarship

No abstract provided.

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En-Gendering Economic Inequality, Michele E. Gilman Jan 2016

En-Gendering Economic Inequality, Michele E. Gilman

All Faculty Scholarship

We live in an era of growing economic inequality. Luminaries ranging from the President to the Pope to economist Thomas Piketty in his bestselling book Capital in the Twenty- First Century have raised alarms about the disparity between the haves and the have-nots. Overlooked, however, in these important discussions is the reality that economic inequality is not a uniform experience; rather, its effects fall more harshly on women and minorities. With regard to gender, American women have higher rates of poverty and get paid less than comparable men, and their workplace participation rates are falling. Yet economic inequality is neither …

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Achieving Sex-Representative International Court Benches, Nienke Grossman Jan 2016

Achieving Sex-Representative International Court Benches, Nienke Grossman

All Faculty Scholarship

Twenty-five years ago, in this Journal, Hilary Charlesworth, Christine Chinkin, and Shelley Wright argued that the structures of international law “privilege men.”1 As shown in Table 1, which summarizes data from a forthcoming article, on nine of twelve international courts of varied size, subject-matter jurisdiction, and global and regional membership, women made up 20 percent or less of the bench in mid 2015.2 On many of these courts, the percentage of women on the bench has stayed constant, vacillated, or even declined over time.3 Women made up a lower percentage of the bench in mid 2015 than in previous years …

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Public Laws And Private Lawmakers, Kimberly L. Wehle Jan 2016

Public Laws And Private Lawmakers, Kimberly L. Wehle

All Faculty Scholarship

The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other than …

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The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius Jan 2016

The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius

All Faculty Scholarship

Two judicial opinions have shaped the modem college athletic world. NCAA v. Board of Regents of the University of Oklahoma declared the NCAA's exclusive control over the media rights to college football violated the Sherman Act. That decision allowed universities and conferences to control their own media revenue and laid the foundation for the explosion of coverage and income in college football today. Clarett v. NFL held that the provision then in the National Football League's (NFL) Constitution and By-Laws that prohibited players from being eligible for the NFL draft until three years from the date of their high school …

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Toward A Reality-Based Estate Tax, Wendy C. Gerzog Jan 2016

Toward A Reality-Based Estate Tax, Wendy C. Gerzog

All Faculty Scholarship

Currently, the estate tax does not accurately value the property and transactions that it is meant to cover. Additionally, the marital and charitable deductions do not reflect actual associated transfers, instead skewing their benefits away from their purported beneficiaries. This Article proposes reforming the estate tax by eliminating these sources of unreality and distortion, and to make the current estate tax a reality-based tax. Through six specific proposals, the Article identifies solutions to the problems associated with testamentary transfers, puts forth alternative methods of valuation to prevent gaming of transfer taxes, and offers significant modifications to two deduction provisions.

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Putting Public Law Into “Private” Sport, Dionne L. Koller Jan 2016

Putting Public Law Into “Private” Sport, Dionne L. Koller

All Faculty Scholarship

Across all levels of sport—professional, Olympic, intercollegiate, interscholastic, and youth recreational—the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective sports as they see …

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Automated Digital Forensics And Computer Crime Profiling, Mahmood Al Fahdi Jan 2016

Automated Digital Forensics And Computer Crime Profiling, Mahmood Al Fahdi

Other Faculty of Science and Engineering Theses

Over the past two decades, technology has developed tremendously, at an almost exponential rate. While this development has served the nation in numerous different positive ways, negatives have also emerged. One such negative is that of computer crime. This criminality has even grown so fast as to leave current digital forensic tools lagging behind in terms of development, and capabilities to manage such increasing and sophisticated types of crime. In essence the time taken to analyse a case is huge and increasing, and cases are not fully or properly investigated. This results in an ever-increasing number of pending and unsolved …

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A Retro-Projected Robotic Head For Social Human-Robot Interaction, Frédéric C. Delaunay Jan 2016

A Retro-Projected Robotic Head For Social Human-Robot Interaction, Frédéric C. Delaunay

Other Faculty of Science and Engineering Theses

As people respond strongly to faces and facial features, both consciously and subconsciously, faces are an essential aspect of social robots. Robotic faces and heads until recently belonged to one of the following categories: virtual, mechatronic or animatronic. As an original contribution to the field of human-robot interaction, I present the R-PAF technology (Retro-Projected Animated Faces): a novel robotic head displaying a real-time, computer-rendered face, retro-projected from within the head volume onto a mask, as well as its driving soft-ware designed with openness and portability to other hybrid robotic platforms in mind.The work constitutes the first implementation of a non-planar …

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A Framework To Support Developers In The Integration And Application Of Linked And Open Data, Timm Heuss Jan 2016

A Framework To Support Developers In The Integration And Application Of Linked And Open Data, Timm Heuss

Other Faculty of Science and Engineering Theses

In the last years, the number of freely available Linked and Open Data datasets has multiplied into tens of thousands. The numbers of applications taking advantage of it, however, have not. Thus, large portions of potentially valuable data remain unexploited and are inaccessible for lay users. Therefore the upfront investment in releasing data in the first place is hard to justify. The lack of applications needs to be addressed in order not to undermine efforts put into Linked and Open Data. In existing research, strong indicators can be found that the dearth of applications is due to a lack of …

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