Law Commons^™

The Limits Of Regulation: A Case Study Of Virtual And Intangible Harm, Nachshon Goltz

PhD Dissertations

This dissertation deals with the limits of regulation through the analysis of virtual and intangible harm and the capacity of regulation to prevent or at least reduce such harm. The case study at hand is the potential harm to childrens imaginative development in virtual worlds. A comparison is drawn from the regulation of online advertising to children in Canada and the US. Based on a review of the literature in chapter 1, it is suggested that there are serious and long-term consequences to an underdeveloped imagination, including pathological phenomenon and lack of imaginative ability. As with other harms to children, …

Class Roots: The Genesis Of The Ontario Class Proceedings Act, 1966 - 1993, Suzanne Erica Chiodo

LLM Theses

Nearly 25 years since its passage, the Ontario Class Proceedings Act has become one of the most frequently debated procedural mechanisms of its kind. The CPA came about following the release of the Attorney Generals Advisory Committee (AGAC) Report in 1990. None of the current narratives explain how this Report pulled together so many divergent interests where previous attempts had failed. My thesis answers this question with reference to the historical sources and the legal, political and social changes that took place throughout this period.

This thesis also highlights the unique nature of the AGAC consultation process, which saw the …

Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken

Doctoral Dissertations

Civil-military relations have existed for as long as there has been a military, but only in the last sixty years has research in the field began to examine the relationships between civilian elites and the military. Who controls the military? What level of influence by the military is acceptable in a liberal society, such as the United States? What is the appropriate role of the military? Who serves in the military? What pattern of civil-military relations best ensures the effectiveness of the military instrument? The study of these questions began with examining relationships between the military and the President, and …

Paraqitja Dhe Zhvillimi I Sistemit Parlamentar Në Kosovë, Hana Govori

Theses and Dissertations

Kjo temë diplome shtjellon historikun e gjendjes politike dhe juridike në Kosovë nga viti 1913-2016 dhe elaboron ndryshimet juridike që kanë rrjedhur nga situatat specifike politike, duke përfshirë, akte ligjore të mëparshme të aplikuara në territorin e Kosovës, akte ligjore që janë në fuqi e me theks të veçantë në organizimin institucional, kompetencat e organeve shtetërore dhe qeverisjen parlamentare në Kosovë.

Evaluating The Legal Issues Of Internet Service Providers In China -- A Comparative Copyright Analysis Of Chinese Isps, The U.S. Isps, And Japanese Isps, Yifan Huang

Maurer Theses and Dissertations

This thesis is motivated by a legal challenge in the area of Chinese copyright protection: Baidu, which was considered a disaster by the copyright owners in China. To solve this legal challenge, the Chinese could learn from the legal experience of Japan and the U.S. regarding this issue.

The traditional ISP legal system provides a passive-reactive approach to the secondary copyright liability of ISPs. However, the Baidu issue in China indicates that a passive-reactive ISP model is not able to prevent copyright infringement. Recent cases in China and the U.S. reflect a new trend that the judicial branch adopts an …

Civil Liability Of The Air Carrier For The Damage Of Terrorism Against The Security And Safety Of The Civil Aviation Accordance To The Uae Law And International Agreements, ناعمة علي سلطان الزعابي

Theses

Displays of civil aviation in recent times for the most terrorist operations that targeted the stability of the sector, as witnessed in 2016 the largest terrorist attacks against civil aviation hijacking civilian aircraft, or explode, or even harm the safety of air transportation facilities such as airports, and all those threats led to the decline in the economy airlines, which is why we stand on the causes and consequences in order to preserve the security of individuals from the exploiters of the air transport sector, as well as to preserve the security and the national economy.

In application of the …

The Role Of Judicial Discourse In Distorting The Public Inquiry Image: Is The Inquiry Becoming An Endangered Species?, Diana Morokhovets

LLM Theses

The goal is to explore the construction of the Public Inquiry image and its persona via judicial decision-making and legal discourses that are utilized to justify the final product of an inquiry. For instance, while the commissioner is generally equipped with extensive coercive and discretionary powers, there is scarcely any research on why these powers are exercised the way that they are and how (or if) the decisions that are made condition the public image of the inquiry and their ultimate impact on the survival of the institution. Specifically, it will be argued that despite the fact that a judge-commissioner …

How Mature Capitalism Turns Pollution Into Diamonds: Malagnogenesis And The Reverse-Engineering Of Harm Into Risk, Kevin P. Martyn

USF Tampa Graduate Theses and Dissertations

In recent years, there has been a great deal of debate about the pervasiveness and persistence of neoliberal thinking. In the context of the post-2008 ‘great recession’ the resilience of neoliberalism is particularly confounding. To begin to unravel the ways in which neoliberalism is situated relative to risk, this study identifies an increasingly important neoliberal knowledge practice: malagnogenesis. Malagnogenesis is proposed herein as the production of ignorance that normalizes harm for and amongst marginalized populations. To shed light on the phenomena of malagnogenesis, this study investigated the history of leaded gasoline in the U.S. To that end, I …

Regulating For Resilience: Principled Flexibility And Environmental Co-Management In The Mackenzie Valley, Heather L. Potter

Electronic Thesis and Dissertation Repository

The author examines the environmental regulatory regime in the Mackenzie Valley region of the Northwest Territories which includes the regulatory structure established by the Mackenzie Valley Resource Management Act and the private contractual instruments of environmental agreements, impact benefit agreements and socio-economic agreements. The author concludes that these instruments work together to form a complex regulatory system that is sometimes maladapted to the adaptive management framework necessary for effective regulation in an increasingly unstable arctic environment. The author argues that effective environmental management in the Mackenzie Valley requires a regulatory approach grounded in principled flexibility and shared environmental goals across …

Procedura E Rregullt E Vendimmarrjes Në Bashkimin Evropian Sipas Traktatit Të Lisbonës, Fjona Ymeri

Theses and Dissertations

Ideja që pati më së shumti sukses në pikëpamje gjeopolitike dhe ekonomike, me siguri do të jetë ideja për integrimin Evropian. Ideja mbi bashkimin e Evropës jo vetëm që do të jetoj edhe shumë vite, por edhe do të sofistikohet më shumë. Në këtë punim do të shqyrtohen të gjithë faktorët kryesorë politikë, ekonomikë, social dhe teknologjikë, të cilët bënë që Evropa të integrohet duke filluar nga shekulli XIX-të.

Bashkimi Evropian nuk do të ishte sot i tillë nëse nuk do të arriheshin marrëveshjet mes shteteve të cilat krijuan traktate të ndryshme që luajtën rol shumë të madh në themelimin …

A Comparative Law Perspective On Intermediaries' Direct Liability In Cloud Computing Context -- A Proposal For China, Shi Xu

Maurer Theses and Dissertations

This dissertation is motivated by two questions: How does the emergence of cloud-computing technology impact major countries’ copyright law regarding the issue of intermediaries’ direct liability? What should Chinese legislature body learn from those countries regarding this issue? Answering the first question lays a foundation for answering the second question.

Usually, a cloud-computing intermediary’s specific activity may possess risk of violating a copyright holder’s right of reproduction, right of communication to the public and right of distribution. Comparatively, that intermediary can raise defenses under the exhaustion doctrine and the fair use doctrine. Analysis on these two topics consists of two …

Power And Proximity: The Politics Of State Secession, Elizabeth A. Nelson

Dissertations, Theses, and Capstone Projects

State secession is a rare occurrence in the international system. While a number of movements seek secession, the majority fail to achieve statehood. Of the exceptional successes, many have not had the strongest claims to statehood; some of these new states look far less like states than some that have failed. So what accounts for these secessions? I argue that the politics of regional actors drive the process. If a secessionist movement does not have the support of actors in the region, it will not achieve statehood. There are three mechanisms through which regional actors can determine outcomes: (1) they …

Transnational Indigenous Migration: Racialized Geographies And Power In Southern Highland Ecuador, Victoria Stone-Cadena

Dissertations, Theses, and Capstone Projects

This study examines the shifting landscape of social and economic inequalities in the remittance-dominated region of southern highland Ecuador, focusing on the transformations brought about by increased international migration since the early 2000s. The broader question is whether or not transnational migration has facilitated political and social upward mobility among indigenous communities. More specifically I ask: in what ways does indigenous identity figure in contemporary international migration practices, how does transnational indigenous migration complicate bounded notions of rural indigenous life, and how might the strategies employed by indigenous migrants transform social and economic inequalities in two small towns in the …

Study On The Effect Of Rotterdam Rules To Multimodal Transport Of China Under The Belt And Road Initiative, Jingya Qin

World Maritime University Dissertations

No abstract provided.

Loose Tendency Of “Pay To Be Paid” Rule Of P&I Clubs, Long Jia

World Maritime University Dissertations

No abstract provided.

Lost In Translation? The Difference Between Hearsay Rule's Historical Rationale And Practical Application, Christopher Lloyd Sewrattan

LLM Theses

An examination of the difference between the hearsay rules historical rationale and current application. The analysis occurs in three steps. In section 1, the historical rationale of the hearsay rule is identified through a reconciliation of competing theories. Section 2 analyses the difference between the hearsay rules historical rationale and the application of the exclusionary hearsay rule. Section 3 analyses the difference between the hearsay rules historical rationale and the application of some categorical hearsay exceptions.

Overall, the thesis finds that the hearsay rules historical rationale has three aspects: concern with the inherent reliability of hearsay evidence, concern with procedural …

Geographical Indications And Development In The Third World: Towards A Strategic Approach Of Intellectual Property Rights In Jamaica - The Case Of Blue Mountain Coffee, Marsha Simone Cadogan

PhD Dissertations

The dissertation is a critical analysis of, and engagement with agricultural and food based geographical indications, the politics of development and international relations, and the prospects of forming reformist linkages between geographical indications and development in Jamaica and the Caribbeans intellectual property landscape. A net importer of intellectual property, Jamaica has yet to fully claim intellectual property as its own.

The dissertation proposes that geographical indication schemes should be envisaged, and practically function as part of Jamaicas development policy. This approach calls for a reformist approach to intellectual property in Jamaica, which includes an awareness of the pitfalls of being …

Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi

PhD Dissertations

This thesis asks does existence need to be regulated by the State? The answer relies on legal anarchism, an interdisciplinary, particularly criminal law and philosophy, and unconventional research project based on multiple methodologies with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, …

The Analysis Of Undue Detention Remedy In Port State Control, Zhanjun Cao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Legal Issues Concerning The Mortgage Of Ships Under Construction, Ziyi Ge

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Research On Standard Of Reasonable General Average Act, Yanfeng Li

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Formulating A District Rule And Corresponding Exam Syllabus For Certifying Sand Transportation Seafarers In Guangdong Through Comparison Of Existing District Rules, Tianshu Liu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On Influencing Factors Of Seafarers’ Mental Health And Precautions Of Psychological Diseases And Related Intervention Mechanism Under The Mlc, 2006, Xiaoli Ouyang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Analysis On Effectiveness Of Compensation Scheme For Oil Pollution Damage From Ships In China, Yiming Shen

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

A Comparative Study On The Function Of Marine Management Between China Msa And China Coast Guard, Meng Wang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Comparative Study Of Igf Code And China's Relevant Laws And Regulations, Xiaoping Wu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Legal Problems Of Implementing The International Ship Registration System In Guangzhou Pilot Free Trade Area, Shibo Zhao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Law Scheme Of International & Chinese Oil Pollution Compensation Fund, Dongye Zhao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Directors And Standards: The Problem Of Insufficient Guidance, Nikolas Sopow

Electronic Thesis and Dissertation Repository

This thesis identifies two areas within Canadian corporate law where the case law has provided insufficient guidance, and tests the usefulness of an American theory of director liability as an aid to understanding this case law and the legislation it interprets. This theory has been termed the “implied contract approach”, and was developed by Robert J. Rhee. The two areas concern: if and when directors must consider the interests of stakeholder groups, otherwise known as the “stakeholder debate”, and when directors should be protected from personal liability when acting in the course of their duties.

"On This, We Shall Build": The Struggle For Civil Rights In Portland, Oregon 1945-1953, Justin Legrand Vipperman

Dissertations and Theses

Generally, Oregon historians begin Portland Civil Rights history with the development of Vanport and move quickly through the passage of the state's public accommodations law before addressing the 1960s and 70s. Although these eras are ripe with sources and contentious experiences, 1945 to 1953 provide a complex struggle for civil rights in Portland, Oregon. This time period demonstrates the rise of local leaders, wartime racial tensions, and organizational efforts used to combat inequality. 1945 marked a watershed moment in Portland Civil Rights history exhibiting intergroup collaboration and interracial cooperation converging to eventually provide needed legislation. Although discrimination continued after 1953, …