Law Commons^™

Characterization Patterns Of Milcon Project Contract Modifications, Tyler K. Nielsen

Theses and Dissertations

Change orders are used by project managers of construction projects to account for unexpected changes in construction projects after the contract has been finalized. This can include everything from weather events to last minute changes requested by the user. This effort analyzed data from the U.S. Air Force Military Construction (MILCON) program to find the major causes of change orders in the hopes that the associated costs may be minimized and that the insight gained may improve project management efforts. The data was analyzed using means comparison testing through the nonparametric Kruskal-Wallis test; the results were then ranked using the …

The Use Of Offender Profiling Evidence In Criminal Cases, Norbert Ebisike

Theses and Dissertations

This dissertation examined the use of offender profiling evidence in criminal cases. The meaning, history, approaches and legal admissibility of offender profiling have been discussed. The introduction of offender profiling into the courtroom has been controversial, problematic and full of inconsistencies. This dissertation therefore, examined the central problems with offender profiling evidence, and answered such questions as - Is offender profiling impermissible character evidence? Who is qualified to give expert profiling evidence? Is offender profiling too prejudicial than probative? Is offender profiling an opinion on the ultimate issue? Is offender profiling sufficiently reliable as to be admissible? This dissertation has …

The Need For International Legal Protection Of Sea Turtles And The Enforcement Of Seafood Ecolabelling Standards, Lalaina N.R. Rakotoson

Theses and Dissertations

The migratory nature of sea turtles makes their protection difficult and that causes the failure of International environmental law to protect them. Despite years of concern for sea turtles and the threats to them no rule of national law and no single international environmental agreement are capable of effectively protecting sea turtles. Sea turtles have been protected through domestic environmental laws such as the US Endangered Species Act. Section 609 requires countries exporting shrimp to the US to equip their trawlers with Turtle Excluder Devices (TEDs). This is an analysis of the need for global legal protection of sea turtles …

Contract Delays: The Impact Of Department Of Defense (Dod) Contractors' Wealth, Jacqueline M. Leskowich

Theses and Dissertations

The monetary incentives used to motivate DoD contractors’ schedule performance on Acquisition Category One programs afford them the opportunity as a whole to earn billions of dollars in addition to their contract award. These incentives are paid 85-90% of the time regardless of schedule performance. While these contractors are paid to avoid delays, there is an indication the delay increases the contractor’s stock value. This research tested the theory that contract delays significantly impact the company’s stock returns. The results found both positive and negative reactions to a firm’s value. Delays caused by budget cuts tend to have a negative …

Legality Of Responses To The Problems Of International Terrorism And "Failed States" Phenomenon Considering Afghanistan And Iraq Within The Context Of Contemporary International Law Rules And Practice, Olumide Kolawole Obayemi

Theses and Dissertations

The central theme of this thesis is to critique and proffer appropriate legal and military responses to the endemic problems of failed states and international terrorism within context of contemporary international law.

The work will legally define the phenomenon known as "failed states," which encompasses such states where the central government has collapsed and has ceased from providing good life to its citizens.

The dissertation will also look at the definition of Terrorism and Terrorist Organizations. A person or an organization would have engaged in terrorist activities, if they were to commit in an individual capacity or as a member …

The Major Influences Of The U.S. Constitutional Law Doctrines On The Interpretation And Application Of The Constitution Of The Republic Of Korea : Critical Analysis On The Current Constitutional Court's Decisions And Thoughts Of The Necessity Of Amendment Of The Current Constitution Of The Republic Of Korea, Hanjoo Lee

Theses and Dissertations

Since the end of World War II, the United States has affected constitutionalism in many countries of Asia. The United States occupied the Philippines (1898-1946, except 1943-1945), Japan (1945-1952), and South Korea (1945-1948) and encouraged democratic revolution there, with different polices and results. The U.S.A. Military Government in Korea ("USAMGIK") directly governed southern part of Korean Peninsula from its liberation in 1945 until the establishment of the Constitution of the Republic of Korea with declaration of beginning of independence in 1948. Although Americans did not participate in drafting the Constitution, USAMGIK gave its essential backing to the autonomy of Korea's …

The Evolving And Challenging Roles Of Certain International Financial Institutions In Developing Countries Under International Law With Particular Reference To Nigeria, South Korea, And Brazil, Sunday C. Ogbodo

Theses and Dissertations

It is no secret that the developing countries and their fragile economies have been struggling all the way from the twentieth (20th) century into the twenty first (21 st) century. It is equally known that the roles of the International Financial Institutions (IFIs) have been evolving partly as a result of their internal developments, and partly as a result of external developments occurring in the international environment that they operate in. It is the realization of the foregoing, and with hopes of finding ways that the IFIs can positively impact the developing countries in their quest for sustained development, that …

An Analysis Of The Impact Of Defense Acquisition Reforms And External Factors On Schedule Growth Of Defense Weapon Systems, Michael P. Giacomazzi Iii

Theses and Dissertations

The growth in the acquisition cycle time of large defense systems from what was planned (i.e., schedule growth) creates several issues for defense acquisition managers and policy makers. These issues include increased likelihoods of cancellations, changes in requirements, and delays in the fielding of improved combat capabilities and replacements for legacy systems, which have resulted in further cost and schedule growth. As a result, Congress, the DoD, and the individual military services implemented several major reforms to address the cost and schedule growth of weapon systems. This research presents an empirical model of schedule growth to evaluate the impact of …

Internal Versus External For Small Weapons Systems, Joseph S. Elkins

Theses and Dissertations

The acquisition method used to gain access to new technologies can heavily influence whether our war fighters have the required tools to fight increasing and constantly shifting global threats (Kessler and others, 2000). The purpose of this study was to investigate the process and results of internal laboratory development, testing and fielding of small weapons systems as compared to traditionally acquired systems which encourage customer pull and contractor development. This research provides insight into how Air Force Research Laboratory (AFRL) personnel choose an acquisition method, retain personnel capability, and maximize product capability. This study consolidates the opinions of subject matter …

Cost Growth In Weapons Systems: Re-Examining Rubber Baselines And Ecomonic Factors, Philip E. Ruter Ii

Theses and Dissertations

This paper will evaluate cost overruns from a microeconomic perspective to determine their root causes. The specific variables that will be evaluated are: contract budget fluctuations, contract length, inflation, procurement budget fluctuation, research and development budget fluctuation, the technology readiness of the commodity, and industry concentration. These variables will be evaluated twice. The first evaluation will consist of a binary choice model to determine whether or not the dependent variables influence the likelihood of a cost overrun. The specific form of the evaluation will take the form of a probit regression in which an independent variable value of zero indicates …

Indentifying And Assessing Effective Mechanisms For Technology Transfer, Michael A. Romero

Theses and Dissertations

The ability to shift knowledge and resources from federal laboratories to industrial and academic partners and vice versa is the primary reason that technology transfer (T²) exists today. Without the cooperation of federal, state, and private agencies working together to resolve today’s technology quandaries, a lot of the breakthroughs experienced today would not exist. This research was focused on uncovering which mechanisms are utilized by scientists and engineers. The research entails uncovering both official and unofficial mechanisms and ascertaining why some methods are preferred over others. It is also a secondary focus, to determine which barriers are impeding …

Transitional Authority In Iraq : Legitimacy, Governance And Potential Contribution To The Progressive Development Of International Law, Zakia Afrin

Theses and Dissertations

This work is intended to accomplish a number of objectives, including, among others: 1. An analyses, syntheses and examination in depth of all the international instruments relating the to formation of a Transitional Authority, the extent of its authority and the ecologies of effective authority. 2. A description of the foundation, legality and procedures undertaken by the Iraqi Transitional Authority; provision of a critical analysis of the same. 3. A suggestion of ways and means of implementation, compliance and enforcement of existing international norms related to Transitional Authorities and recommend modes of developing the jurisprudence in this area of law.

International Travel, Tourism And Sustainable Development Law: A Handbook, Phil Cameron

Theses and Dissertations

Tourism is about travel, cultural exchanges, and job creation. Responsible tourism seeks to meet these goals in a way that will ensure protection of the tourist sites as well as sustainable growth for today's hosts and for future generations of both tourists and hosts. The objective of my research is to illustrate positive and negative impact the law of tourism and travel has on sustainable development. My methodology analyzes developing trends in international law, as well as centuries old traditions of travel law. Then I provide solutions that utilize successful legal regimes to enable sustainable development through tourism.

From my …