Law Commons^™

Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun

Maurer Theses and Dissertations

No abstract provided.

Chasing Until The Wheels Fall Off: Developing A Typology Of High-Risk Police Pursuits In Georgia, Lee Miller Wade

Dissertations

The goal of this research project was to examine the potential variables associated with high-risk police pursuits in the state of Georgia. The objectives of the research project were to develop a typology of high-risk pursuits, ascertain the usage of pursuit termination techniques, and inform on the current status of pursuits amongst accredited agencies in the state of Georgia. The Georgia Association of Chiefs of Police (GACP) initiated data collection of pursuits among accredited agencies as a result of the decision in Scott v. Harris 2007. A sample of 2,155 pursuit reports from 2007 to 2009 was analyzed using descriptive …

The Cultural Complex Of Innocence: An Examination Of Media And Social Construction Of Missing White Woman Syndrome, Sarah Land Stein

Dissertations

This study examined the etiology and promulgation of the sociological phenomenon known as missing white woman syndrome. It was hypothesized that missing white woman syndrome may not be entirely attributable to racial disparity as has been claimed in the past. Rather, citing the work of Dr. Carl Jung, the researcher believed that missing white woman syndrome may be partially explained by a concept known as a cultural complex. The cultural complex that was hypothesized for purposes of this study is one related to innocence: That is, as a western society, we have been culturally overexposed to the blonde, Caucasian female …

Mandatory Adoption Of International Accounting Standards In Germany: Financial Statement Effects, Sarah Wagemann

Graduate Theses

This paper addresses the mandatory adoption of International Financial Reporting Standards (IFRS) in Germany in 2005. The financial, statement effects and the variability of key accounting measures are analyzed under the German Commercial Code (Handelsgesetzbuch - HGB, German GAAP) and IFRS. I find that book value of equity and net income are slightly larger under IFRS than under German GAAP which reflects the fair value orientation of IFRS. Only weak evidence exists that the mandatory adoption of IFRS results in significant accounting differences unlike the results found in financial statements of German firms that voluntarily adopted IFRS.

Access To Spatial Data: The Political Power Of Legal Control Mechanisms, Patrice A. Day

Theses and Dissertations

According to the U.S. Supreme Court (Island Trees School District v. Pico, 457 U.S. 853, 1982), the Constitution presupposes that the free flow of information between the government and the public is essential to maintaining an informed citizenry, which in turn is essential to holding governments accountable. However, local governments are increasingly using various legal mechanisms to limit public access to geographic information (GI), and this in turn can potentially disrupt this balance. Licensing and copyright are two such mechanisms that local government agencies are using to limit GI access and distribution.

If information is power, whoever controls information, controls …

Caught In The Immigration Cross-Fire: The Changing Dynamics Of Congressional Support For Skilled Worker Visas, Maryam Tanhaee Stevenson

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project examines the congressional politics associated with legislation on skilled foreign workers, specifically the H-1B visa which was created by the Immigration Act of 1990. It attempts to explain why legislative policies were successful on a small scale between 1998 and 2004 and completely unsuccessful after 2004.

Specifically, this study is a longitudinal qualitative analysis that uses Krehbiel's pivotal politics model (1998), Cox and McCubbins' party politics models (2005; 2007), Sinclair's (2007) unorthodox lawmaking theory, and Gilmour's (1995) strategic disagreement model to explain four key periods of H-1B legislation: (1) the passage of the Immigration Act of 1990; (2) …

Statistical Analysis Of A Vehicle Miles Travled Fee For Nevada, Andrew Nordland

UNLV Theses, Dissertations, Professional Papers, and Capstones

Increases in the number of electric, hybrid-electric, and other alternative fuel vehicles, combined with increasing vehicle fuel efficiency present problems with the ability of the fuel tax to collect sufficient revenue. A Vehicle Miles Traveled (VMT) Fee is being considered as an option to replace the existing fuel tax for the collection of revenue for road maintenance, reconstruction and expansion. This study provides an analysis about costs, preference of a potential billing cycle, level of comfort with a mileage collection device, potential changes in transit use, and the effectiveness of a VMT Fee for Nevada. Multinomial logit models are developed …

The Effect Of Casino Tax Policy On Short-Run Gaming Development, Kahlil Philander

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the effect of casino tax rate structure on investment by casino operators. Using a panel data set consisting of all states with legal commercial casino gambling from 1998 to 2009, a fixed-effect model with two-stage least squares is estimated to examine the effect of gambling taxes on firms' short-run behavior. The study finds that maximum casino tax rates decrease casino employment, with an estimated average elasticity of -0.5. This result is noted to be robust to several different model specifications and data subsets. No robust relationship is found between maximum tax rates and casino wages. No significant …

National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen

Master's Theses and Doctoral Dissertations

Recent studies indicate that the United States is trailing other countries in technological innovation and competitiveness. This case study examined national security policy constraints on technological innovation, specifically the Invention Secrecy Act. It focused on the social constructs of collaboration and interdisciplinary knowledge in the aerospace industry. The methodology included historical research, data collection, and semi-structured interviews with experts from academia, general industry, government and public policy, aerospace/defense industry, and federal government. The results of the study suggested that since World War II, national security policies have not been clearly and consistently defined, interpreted, or implemented. This lack of clarity …

Un-Obtainium: The Quest For Rare Earth Elements, Brahm Heyman

International Political Economy Theses

The 17 "rare earth elements" are essential for the development of new technologies. Over the last several decades, China has established a virtual monopoly on the rare earth industry, producing over 97% of the world's current demand. This was achieved by effectively undercutting other producers who stopped competing in this market. In 2010, in an effort to bolster its domestic market, China decided to reduce the amount of rare earth elements that it would export. This situation can be used to consider China's relations with the rest of the world from two perspectives. (1) The realist perspective views China's actions …

Zhvillimi I Politikës Së Përbashkët Të Jashtme Dhe Të Sigurisë Të Bashkimit Evropian Dhe Sfidat E Sajë, Nora Islami

Theses and Dissertations

Përgjatë rrugëtimit tim studiues, veçanërisht në vitin e dytë dhe të tretë të studimeve në Fakultetin e Shkencave Politike pranë Universitetit per Biznes dhe Teknologji, kam mësuar lëndët që kanë të bëjnë me Bashkimin Evropian. Këto lëndë studimi, në bashkëveprim me kushtet dhe rrethanat e kohës, me ngjallën interesim të madh dhe përkushtim të vaçantë, për t’i thelluar studimet në këtë sferë.

Arsyea tjetër, pse kam vendosur që tema e punimit të diplomës të jetë CFSP, si një fushë shumë e rëndësishme e BE-së, e cila perveç që është relativisht e re, më është dukur mjaft atraktive edhe per faktin …

Food Fight: A Case Study Of The Community Food Security Coalition’S Campaign For A Fair Farm Bill, Marni Salmon

Capstone Collection

The farm bill is an all-encompassing piece of legislation that is reauthorized approximately every five years and establishes federal policy for everything from farm subsidies and crop insurance to energy, conservation, food stamps and school lunches. The current law expires at the end of September 2012. Reauthorization of the farm bill represents the single largest opportunity to reform the policies that shape food systems in the United States. The Community Food Security Coalition (CFSC) is campaigning to improve access to healthy food by increasing links with family farmers and to strengthen local and regional food systems. This case study traces …

Satisfaction With Police: Explaining Variation By Race, Megan N. Centeno

Sociology & Criminal Justice Theses & Dissertations

Past research has shown that race is an important factor in predicting satisfaction with the police. Past research, however, has been inconclusive as to why this is such a significant variable. This study is designed to see if quality of life and fear of crime differences by race help explain the race and police satisfaction relationship. Data for this study comes from the "Criminal Victimization" Survey (Smith, S. K., Steadman, G.W., Minton, T. D., & Townsend, M. and 1999). The results conclude that quality of life, physical disorder and fear of crime help mediate the relationship between race and satisfaction …

Implementing A State Lottery In Nevada, Benjamin K. Boulton

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study is to assess the feasibility of implementing a state lottery in Nevada and to present the benefits of a state lottery for both the Nevada hospitality industry and the Nevada economy. It will compare and contrast the arguments for and the arguments against a lottery by executing a content analysis of existing research literature as well as other relevant publications. It will also examine the history of lotteries, the states that border Nevada and have lotteries and the legislative history of lottery proposals in Nevada.

The Role Of Just Desserts, Deterrence, And An Apology In Recommending Punishment For Violations Of Hiv Non-Disclosure Laws, William Alexander Woody

Psychology Theses & Dissertations

HIV non-disclosure laws, which require people with HIV to disclose their HIV serostatus to potential sexual partners, are common in the U.S. This thesis applied philosophical theories of punishment to examine why people would punish these law violators. Specifically, retribution/just deserts (i.e., an eye for an eye) and deterrence (i.e., general crime prevention) were examined as punishment motivations. Additionally, offender apology was investigated as a potential moderator of the effects of retribution on punishment. A 2 (Just Deserts) X 2 (Deterrence) X 2 (Apology) ANOVA design was used with recommendations for a prison sentence and financial fine as the dependent …

Communicating Crimes: Covering Gangs In Contemporary Canadian Journalism, Chris Richardson

Electronic Thesis and Dissertation Repository

In this integrated-article dissertation, I examine representations of gangs in Canadian journalism, focusing primarily on contemporary newspaper reporting. While the term “gang” often refers to violent groups of young urban males, it can also signify outlaw bikers, organized crime, terrorist cells, non-criminal social groups, and a wide array of other collectives. I build on Pierre Bourdieu’s theoretical framework to probe this ambiguity, seeking to provide context and critical assessments that will improve crime reporting and its reception. In the course of my work, I examine how popular films like West Side Story inform journalists’ descriptions of gangs. Though reporters have …

Real World Computer Forensics, Jessica Riccio

Liberal Arts and Engineering Studies

No abstract provided.

The Fourth Amendment After The Usa Patriot Act: Cross-State Comparison On The Effect Of Ideology And Partisanship In State Legislation Of Anti-Patriot Act Resolutions And Wiretapping/Eavesdropping Laws, Zoe Atlas

Honors Theses

The USA Patriot Act, passed in September 2001, changed the standards of Fourth Amendment rights and protections. The USA Patriot Act gave more authority to the government and diminished the rights and privileges given to individual citizens. An eruption of Fourth Amendment legislation and cases arose in the states following the passage of the act and it created a problem for policy and implementation. The legislation presented, for the USA Patriot Act and wiretapping/eavesdropping laws, demonstrated the differences in opinions on these issues on the individual state level. These drastic differences in policy between states created a question of why …

An Economic Analysis Of Somali Piracy Deterrence Strategies Within The Context Of The Economic Theory Of Crime And Punishment, Ryan Castello

Honors Theses

From 2006 to 2010, the number of reported piracy incidents perpetrated by Somali pirates, has increased from 19 to 212 per year, an alarming trend for the international shipping industry. This paper examines the increasing number of pirate attacks within the context of the theory developed in, Crime and Punishment: An Economic Approach (Becker, 1968). This paper demonstrates the supply of pirates is a function of probability of punishment, severity of penalty, as well as institutional factors. This research entails a theoretical discussion, and an analysis of the available data on Somali piracy. The theoretical discussion combines theory with current …

Detainment And Torture In Guantanamo Bay: Events, Legality And Effectiveness, Samuel Fein

Honors Theses

The first chapter found that following September 11th, the Bush Administration implemented policies allowing the indefinite detainment and torture of suspected terrorists. Many detainees held in Guantanamo Bay, as well as other detention facilities, were tortured, both physically and psychologically. The second chapter concluded that the Bush Administration was incorrect in claiming that the detainees were not subject to any protections under international law. According to international law, detainees are protected by either IHL (international humanitarian law) or by international human rights law. It was found that whether or not the prisoners can be held indefinitely and tried by military …

The Rules Of Corporate Governance In Public Companies In The Uae, Salama Hmoud Hamad Ai Ameri

Dissertations

Due to the recent upheavals and deteriorating global economic outlook, a healthy reevaluation and attention is being focused on the role of corporate governance in global economic and legal debate among policy makers and experts. The urgency has been expedited by the global financial crisis of 2007-2008 ("Financial Crisis") which had negative impact on all corners of the globe. The United Arab Emirates ("UAE") was also affected by the Financial Crisis, albeit in a limited and manageable manner than many other countries around the world.

As a result of the Financial Crisis and its impact, UAE responded with measures to …

The American Duality: Exceptionalism Or Exemptionalism?, Courtney Muniz

Communication Studies

Discusses how the ethnocentric tendencies found within American exceptionalism translate into U.S. foreign policy.

Occupy Wall Street: A Movement In The Making, Hannah G. Kaneck

Senior Theses and Projects

It has changed the landscape of America in just the last eight months. Cries of “We are the 99%” fill the air. People are angry. Many will argue for years to come what the occupation has actually done for American society, politics and culture. It is clear though that things are changing. A precipice has been reached and it does not seem that those truly devoted to changing the system will back away quietly. Over the last 28 weeks I have read countless articles and interviews of occupiers from all over the world who have converged on Zuccotti Park in …

Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield

Scripps Senior Theses

Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application …

Evaluating Learning Disabilities And Learning Difficulties As Risk Factors Of Delinquency, Miriam Brooks

Honors Theses

This is a study of the relationship between learning disabilities or learning disability indicators and juvenile delinquency. The three main learning disabilities addressed in this study are dyslexia, dyscalculia, and dysgraphia. Delinquency is measured in the categories of drug use, property damage, and violence. This study also evaluates the accuracy of the school failure hypothesis. Participants for this study included 221 high school students ranging in age from 14 to 19 years old. The unit of measurement utilized in this study is a survey composed of 61 questions involving diagnosis of a learning disability, indicators of a learning disability, delinquent …

Judicial Influence On Academic Decision-Making: A Study Of Tenure Denial Litigation Cases In Which Higher Education Institutions Did Not Wholly Prevail, Julee Tate Flood

Doctoral Dissertations

This study examined judicial influence on academic decision-making by identifying factors in the tenure process that have induced courts to rule against higher education institutions in litigation stemming from tenure denials. Many interdisciplinary legal and educational studies have been conducted pertaining to tenure related litigation using qualitative, quantitative, and legal research methodologies. Empirical studies have been directed at varied issues, such as the peer review process; specific claims, such as discrimination; types of institutions; or time periods. Much of this scholarship has noted the importance of judicial deference to decisions made in academia. Unique to this study was the application …

Cross-Listed Firms And Shareholder-Initiated Lawsuits: The Market Penalties Of Securities Class Action Lawsuits Against Foreign Firms, Kathryn Mary Schumann

Doctoral Dissertations

This paper examines the market penalties levied by shareholders against firms that are alleged to have violated securities laws within the U.S. Using a sample of private securities class action cases brought against foreign firms that cross-list on the major U.S. exchanges, this paper presents evidence that the enforcement risk criticism may not be as severe as initially thought. I examine market penalties at alleged violation disclosure dates and securities class action filing dates and find that each event corresponds to an economically and statistically significant loss of value for the accused firm. On average I find that the violation …

Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne

PhD Dissertations

The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …

Community Control And Compensation: An Analysis For Successful Intellectual Property Right Legislation For Access And Benefit Sharing In Latin American Nations, Laurie K. Egan

HMC Senior Theses

Abstract: Indigenous communities have worked for centuries to develop systems of knowledge pertaining to their local environments. Much of the knowledge that has been directly acquired or passed down over generations is of marketable use to corporations, especially in the pharmaceutical industry. Upon gaining the necessary information to convert traditional knowledge into a marketable entity, the corporation will place a patent on the product of their research and development and reap the monetary benefits under the protection of intellectual property legislation. Without appropriate benefit sharing, indigenous communities are robbed of their cumulative innovation and development and denied access to …

Human Trafficking Post 9/11 Policy And Practice Beyond Cutting The Tail Off The Snake, Alexandra Caitlin Rice

Graduate Program in International Studies Theses & Dissertations

The U.S. Department of State estimates that 600,000 to 800,000 victims are trafficked across international borders each year, approximately 14,500 to 17,500 of which are trafficked into the United States. The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) was created to combat human trafficking in the country, and as a result created the T-visa to provide immigration relief to non-citizen victims of trafficking. In this work I analyze U.S. government efforts to combat trafficking in the twelve years following implementation of the VTVPA. I expand my analysis beyond T-visa distribution data to incorporate interviews with high-level government …