Law Commons^™

Integrated Water Law: Local To International, Margaret J. Vick

University of the Pacific, McGeorge School of Law Dissertations

Table of Contents

INTRODUCTION

PART I: WATER ALLOCATION: LOCAL AND INTERNATIONAL

CHAPTER 1: LOCAL WATER LAW

CHAPTER TWO: INTERNATIONAL WATER LAW

COMPARISON OF RESTATEMENT AND INTERNATIONAL FACTORS FOR REASONABLE USE

CHAPTER 3: THE VERMEJO RIVER

CHAPTER 4 WATER LAWS: ENTITLEMENTS, RIGHTS, DUTIES AND PRIVILEGES

CONCLUSION TO PART I

PART II: NEGOTIATING WATERCOURSE ENTITLEMENTS

CHAPTER FIVE: WATERCOURSE NEGOTIATIONS ARE DIFFERENT

CHAPTER SIX: THE ROLE OF LAW

“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato

Dissertations - ALL

Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided with the Roosevelt …

International Human Rights : The Protection Of The Rights Of Women And Female Children In Africa : Theory And Practice, Eleazar Echezonachi Otiocha

Theses and Dissertations

Many governments all over the world have enacted laws and regulations to promote and protect the rights of women and female children. A lot of laws have been put in theory to give women equality with men. In reality or practice, many women all over the world still find it difficult to realize their rights. This study attempts to look at how far the laws on women rights, that is the law in books has become the law in practice/reality in many African states with Nigeria as a case study. This study acknowledges that in theory many African states have …

Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul

Theses and Dissertations

This dissertation examines how the Office of the Attorney General of Thailand's mandates in reviewing state contracts might be improved in order to help enhance greater FDI flow toward Thailand. International arbitration would be stipulated within the "settlement of disputes" clause included in a state contract so as to assure and gain foreign investor's confidence. This dissertation has been conducted by examining all levels of relevant national legislation as well as international law, especially those international obligations that Thailand has entered into. Based upon such examination, there are at least two (2) problems and obstacles that make the application of …

'A Literary Man & A Merchant': The Legal Career Of Sir William Young, William H. Laurence

PhD Dissertations

Sir William Young (1799-1887) of Halifax was a leading lawyer, served as Attorney General, promoted legal reforms in the Assembly, sat as Chief Justice of the Nova Scotia Supreme Court, and promoted the establishment of Dalhousie University's Faculty of Law. He thereby fulfilled a variety of roles in his pursuit of two professional goals he had set at an early age, namely material success and intellectual interest. Nonetheless, his career in the law has been mostly ignored. By examining Young's legal career in detail, especially by paying attention to the duties he performed in his professional roles, this thesis seeks …

The Middle East Quartet Of Mediators: Understanding Multiparty Mediation In The Middle East Peace Process, Kris Arthur Bauman

Electronic Theses and Dissertations

This dissertation seeks to answer the question: Under what conditions does multiparty mediation fail to move conflicting parties toward a comprehensive peace agreement? The object of study is the Middle East Quartet of Mediators from its formation in 2002 to the Annapolis Conference in November, 2007.

Although some progress was made during this period, no formal peace agreement was reached and therefore, the ultimate objective of the Quartet was not attained. The study seeks both to deepen our theoretical understanding of multiparty mediation as well as identify specific leverage points that could lead toward resolution of the conflict in Palestine …

An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay

Dissertations

This study defines democracy, describes democratic policing, analyzes the development of democratic policing principles in the developing country of Turkey and contends that democracy can be enduring only when the police embody democratic values. As Turkey transforms itself in order to become a member of the European Union, the process has fostered national, institutional, cultural and socioeconomic adaptations, all of which lead towards democracy. This process has influenced the Turkish National Police (TNP) as well. In theory, these efforts towards political democratization, legal reform and the adoption of European Union police policy guidelines should have a positive effect on Turkish …

Legal Analysis Of Off-Hire Clauses, Li Ma

World Maritime University Dissertations

No abstract provided.

Examining Re-Entry Challenges And Needs Of Trinidad And Tobago Offenders, Kamhya M. Milan

Sociology & Criminal Justice Theses & Dissertations

This research examines the challenges and needs that Trinidad and Tobago offenders face upon release from prison. The purpose of this research is to provide a foundation for policy recommendations to improve successful reintegration for prisoners corning home. Although there is a lack of re-entry literature based on Trinidad and Tobago offenders, the findings in this study show that Trinidad and Tobago offenders experience the same challenges and needs revealed by America research on offender re-entry. Study results show that policy intervention should be designed to ensure offenders returning home receive assistance with finding shelter, employment, educational resources, counseling and …

From Dependence To Global Integration For Development: A Case Study Of Vietnam—From 1975 To Present, Phong Thanh Dang

Electronic Theses and Dissertations

This study examines the process of Vietnam's global integration for development in order to conclude that Vietnam has been able to achieve economic development and human development by joining regional and global institutions and working closely with multilateral international development agencies.

With proper literature reviews of economic theories and empirical studies, this study determines that Vietnam was able to graduate from dependence on the former Soviet Union and achieved economic development and human development.

This study determines that Vietnam has become one of the best-performing developing economies in the world. The Vietnamese people's standard of living has improved significantly. The …

Liberalization And The Development Of Legal Education Policy In East Africa: A Case Study Of Uganda, Pamela Tibihikirra-Kalyegira

Maurer Theses and Dissertations

This dissertation analyzes the liberalization of legal education and training in East Africa. It explores avenues for developing a legal education policy that addresses various problems with regard to the quality of law graduates and of legal services in the market place currently available given the large number of law graduates entering the professional field each year.

The legal systems in Kenya, Tanzania and Uganda to a large extent follow the Common Law theories and practices of English Law. The three countries also share a history in the establishment of law schools and they face similar problems and challenges with …

Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro

Maurer Theses and Dissertations

Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.

While exploring the above issue, this dissertation unfolds in three …

Environmentally Sensitive Worldviews: What Are They, Why Are They Necessary, And How Can They Be Fostered?, Nichole North Hester

MALS Final Projects, 1995-2019

We are currently faced with compelling scientific evidence that humans are impacting the earth in many negative manners at rates previously unheard of. In an effort to understand the cultural origin of this degradation and find hope in a bleak situation, the prominent worldview of the citizens of the United States is examined as well as worldviews that might better serve both humanity and the planet. The ultimate goal is to help high school students understand and develop their own worldview; to this end a possible unit plan based on current pedagogy is presented with s ample lesson plans.

Examining Orders Of Protection: An Analysis Of The Court System In A Rural Tennessee County., Jaclyn Anderson

Electronic Theses and Dissertations

To provide safety to domestic violence victims, law reform efforts provided victims with a civil remedy in which a judge orders the abuser to stay away from the victim.

The research uses 1 rural county judicial system data to evaluate protective orders. Findings indicate that 42% of petitions are dismissed by petitioner's request or failure to prosecute. Moreover, court fees are not recouped in 79% of the cases.

Logistic regression analysis indicate that an intimate relationship between the parties and payment of court costs by petitioner increased the probability of dismissal of petition upon petitioner's request; use of a gun …

Targeting Youth—Hit Or Miss? Juvenile Certification In Clark County, Nevada Examined, Brittnie Turquoise Watkins

UNLV Theses, Dissertations, Professional Papers, and Capstones

Juvenile certification is the method by which a juvenile may be removed from juvenile court jurisdiction and placed in the adult criminal court jurisdiction. In many cases, juvenile courts exercise judicial certifications, in which a judge determines if the case will be heard in juvenile or adult court. Many factors influence a judge's determination of certification outcomes. Legal factors include dangerousness, amenability, and maturity of the youth. Extra-legal factors include race and sex. Although judges are believed to be impartial, prior research has found that these bias factors may influence outcomes. This study assesses what factors are influential in one …

City Of Las Vegas Detention And Enforcement Commission On Accreditation Of Law Enforcement Accreditation Program Evaluation Report, Karen Kelly, Cecelia Mcneely, Sandy Seda

UNLV Theses, Dissertations, Professional Papers, and Capstones

The City of Las Vegas Detention and Enforcement (CLVDE) is a highly efficient, professionally managed, unique law enforcement agency. The CLVDE has a multifaceted mission and is responsible for providing diverse law enforcement, patrol, code enforcement and support services for the City of Las Vegas. The agency is comprised of several operational divisions: A city Jail, an Animal Control division, Parking Enforcement and the Marshals (police). For many years, the CLVDE, has enjoyed the unique distinction of being a "Triple Crown" accredited agency1. The agency currently has attained accreditation status from several nationally recognized professional organizations such as: The American …

An Assessment Of Proposed Sex Offender Mobility And Residency Restrictions In Nevada, Samantha Dawn Beecher

UNLV Theses, Dissertations, Professional Papers, and Capstones

This research explores the impact of sex offender exclusion zones and residency restrictions proposed by Nevada Senate Bill 471. This law would prohibit sex offenders from being within 500 feet of places where children congregate and living within 1,000 feet of these places. Analyses conducted using Geographic Information Systems demonstrate the degree to which offender mobility, housing, employment, and access to social services may be restricted should the law be adopted and enforced. Data are also used to assess the potential impact of the law on victimization patterns. Policy implications, data limitations, and suggestions for future research are discussed.

Examining The Impact Of Drug Court Participation For Moderate And High Risk Offenders, Kara Kobus

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the impact of drug court participation among moderate and high risk offenders. While studies have found that intensive programs, such as drug courts, are more effective when focusing their services on high risk offenders, few studies have examined the relationship between offender risk and drug court effectiveness. Using the Level of Service Inventory-Revised (LSI-R) as a measure of offender risk, the study employed a quasi-experimental design to compare outcomes of drug court participants (n=228) and a matched sample of probationers (n=252). The analyses showed that drug court participants had lower rates of …

The Undermining Of International Human Rights Law : The Clash Of Western And Non-Western Human Rights Ideologies, Anahita Agha-Ghassem

Theses, Dissertations and Culminating Projects

The notion of human rights is an undeniable, undisputable concept that has received universal validity. However, the history of human rights has shown the difficulty that exists in protecting and guaranteeing these rights, which in turn illustrates the difficulty in enforcing international human rights laws. In recent years, the legitimacy of international human rights law has become a highly debated topic. Events in the West and the East have cast a spotlight on its authority. The question of its universality has also surfaced as more human rights violations are taking place worldwide. Several human rights issues, in both Western and …

The Impact Of The 2007 Oklahoma Immigration Reform Act On Labor Costs In The Restaurant Industry, Xun Zhou

UNLV Theses, Dissertations, Professional Papers, and Capstones

Restaurant industry is becoming the largest employer of immigrants in the United States, immigration policies are fundamental to the success of the restaurant industry, as entrepreneurs, as customers, and as workers. Therefore, this paper attempts to investigate current issues regarding the unauthorized labor force in the hospitality industry. In particular, this study will try to discover and explore the difference in labor costs in the restaurant industry before and after the newest immigration reform act enacted in Oklahoma. In addition, this paper will also provide suggestions for future researchers in this research field.

Gray Zones Of Modern Genocide, Megan Dale Lee

UNLV Theses, Dissertations, Professional Papers, and Capstones

Italian-Jewish chemist and Holocaust survivor Primo Levi wrote in his work The Drowned and the Saved about the "Gray Zone," or holding place for all things difficult to categorize about his experiences in the Nazi camp Auschwitz. Because human tendency is to divide things in a rigid dichotomy, he argued, anything without a set role is brushed aside. I have extended this Gray Zone to include mutually shared situations from modern genocide including: the relationship of race/land to genocide, the "Forced Victim-Perpetrator" (victim forced to commit atrocities against his or her own people), and the complex international reaction to genocidal …

City Of Las Vegas Detention And Enforcement Accreditation Evaluation Program, Daniel Bennett

UNLV Theses, Dissertations, Professional Papers, and Capstones

The City of Las Vegas, Detention and Enforcement is a law enforcement organization that is significantly unique in its mission and organization. On March 15, 1982, the City of Las Vegas determined that, due to extreme overcrowding at the Las Vegas Metropolitan Police Departments holding facility, it was time to create the Las Vegas Department of Detention and Correctional Services. As the population of Las Vegas continued to grow, the Las Vegas Department of Detention and Correctional Services also increased in both size and degree of responsibilities. In 1986, the Las Vegas Park Rangers were absorbed and became the law …

Return Of Russia To World Politics, Enis H. Rexhepi

Theses and Dissertations

Relations between east and west were relatively calm for many decades, if we don’t count the 1962 cold war crisis betweenU.S.and those days BRSS, the atmosphere was stable during this 47 years that passed. During this timeU.S.developed in every field against BRSS, dominating militarily and economically. The Europe, which due to its geographical position stands between two powers, was relatively prosperous and peaceful during these years. Much of the western oriented states faced integration toU.S.supported NATO and EU.Russiafelling itself expelled and sometimes opposite to this integration, found itself in difficult position by time. Its military and economy was not more …

Factors Influencing Police Officer Marksmanship During Qualifying Drills, Kelly Kennedy

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Police departments across the country are interested in reducing the costs of retraining and improving the rate of retention of the officers they are training. If police officers can be better trained in the skills necessary for marksmanship due to improved evaluative methods by instructors then the rate of progression in skill development could be accelerated. The purpose of this non-experimental, exploratory (comparative) and explanatory (correlational) survey research was to examine the relationships among demographics, handgrip, firearms experience, physiological changes, environmental factors, and psychological state for police officers during qualifying shooting drills, and to determine if Marksmanship during qualifying shooting …

Intimate Partner Violence: Criminal Justice Responses To High Lethality Cases, Victoria E. Collins

Sociology & Criminal Justice Theses & Dissertations

This study examines the relationship between the level of violence suffered by the victim in a domestic violence relationship and the criminal justice responses to that violence, namely arrest, prosecution and the issuance of protective orders. Data was obtained from a nonprofit domestic violence agency in Virginia Beach, Virginia. The data was collected by agency staff from victims seeking assistance. This study found that female victims of domestic violence that suffered higher levels of violence at the hands of their abuser were more likely to be issued a protective order. Female victims who suffered higher levels of violence were not …

Killing History: The Effect Of Slavery And Wwii On The Death Penalty In America And Europe, Julie Turley

Global Honors Theses

The author examines the cultural and social factors that have impacted the United States’s and European Union’s opposing stances on capital punishment. Particular focus is paid to the United States’s history of race relations and views on economic inequality and to the influence of World War II on the EU’s human rights and welfare policies. The paper concludes with a discussion on how the US may enact its own path to abolition.

Perceived Justice And Barriers And Facilitators To The Attainment Of Leadership Positions In Local And County Law Enforcement Organizations In The State Of Florida, Delsa R. Bush

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Disparity in leadership positions within organizations continue to exist along racial and gender lines even as organizations become more diverse. The numerous studies investigating race, ethnicity, gender, and the attainment of leadership positions within organizations focus primarily on the glass-ceiling effect. Few have empirically addressed the issue of the glass-ceiling effect in law enforcement organizations. Previous research suggested that several factors might affect leadership positions, i.e., human capital assets, demographic characteristics, organizational characteristics, procedural justice, distributive justices, barriers and facilitators to career advancement, institutional values, racism, and organizational culture. The glass ceiling effect, which encompasses a majority of these factors, …

Retention And Job Satisfaction Among Local Law Enforcement, Lisa N. Parron

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study which examines the retention of police officers in the Norfolk Police Department. Focus group interviews with nine police officers provided the data for this study. Participants described aspects of their job that they enjoy and aspects of their job that could be improved. Themes identified include working conditions, supervisor relationships, interpersonal relationships, pay, responsibility, achievement and recognition, and appeal of the job.

This research was aimed at revealing what officers like and dislike about their job in order to reduce voluntary turnover and increase retention.

The findings from this study indicate that job satisfaction …

An Investigation Of Knowledge Transfer And Retention In A Government Procurement Office, Garland T. Mobley

Theses and Dissertations

There is no measure for the loss of corporate memory. Organizations build a reservoir of knowledge in its employees, and this knowledge becomes a critical ingredient in an organization’s ability to carry out its mission. Knowledgeable people are extremely valuable and once they leave, their organizationally-applied knowledge leaves with them. This study introduces specific knowledge attributes that significantly impact effective tacit and explicit knowledge transfer and retention. Under this construct the proposed investigation explores a government program office to see if replacing experienced government employees with outsourced personnel impacts corporate knowledge retention. The study concludes that a loss of corporate …

Genocide: Emotional Adjective Or Legal Term: Public Misunderstanding And The Expedient And Effective Implementation Of International Criminal Law, Ida Rose Nininger

Undergraduate Honors Thesis Collection

This paper will explain the significance of the term of “genocide” beginning with Lemkin’s inception and intent, and the Nuremberg Tribunals that set forth the concrete points from which international criminal law, including genocide, would evolve. I will continue to the first, and current authoritative legal definition of genocide as set forth in the Convention on the Prevention and Punishment of the Crime of Genocide and the obligations therein of states party. I will explain the norms thereafter established by tribunals and courts prosecuting genocide, the Rome Statute of the International Criminal Court and its significance for the international community, …