Law Commons^™

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …

The Hyper-Incarceration Of Female Minority Juvenile Offenders Within The Juvenile And Criminal Justice Systems, Ruth C.A. Philippe

Selected Honors Theses

Young women are the fastest-growing portion of the juvenile justice system population. Girls experience risk factors at higher rates than boys, exhibit mental health issues at higher rates than boys, suffer more negative consequences from justice system involvement than system-involved boys, and are less likely to access treatment than boys. Girls are also more likely to become involved with the justice system for minor offenses such as running away or skipping school. In particular, young women of color receive unfair treatment than their counterparts. Girls of color are disadvantaged and treated differently within both the juvenile and criminal justice systems …

اﻟﺘﻌﻮﯾﺾ ﻋﻦ ﺗﻔﺎﻗﻢ اﻟﻀﺮر اﻟﺠﺴﺪي ﺑﻌﺪ ﺻﺪور اﻟﺤﻜﻢ اﻟﻨﮭﺎﺋﻲ (ﻓﻲ ﺿﻮء ﻗﺎﻧﻮن اﻟﻤﻌﺎﻣﻼت اﻟﻤﺪﻧﯿﺔ اﻻﺗﺤﺎدي رﻗﻢ 5 ﻟﺴﻨﺔ 1985 وﺗﻌﺪﯾﻼته), منى محمد البلوشي

Theses

Bodily harm is considered one of the most complex types of damages to estimate compensation for, as it affects the life, work, and livelihood of the injured person. Especially since the physical injury that remains from the harmful act may exacerbate in the future after the issuance of the final judgment in a manner that may not be foreseen by the judge or medical experience, whether in terms of the exacerbation of the harm itself and its constituent elements or in terms of the exacerbation of the harm's value due to currency fluctuations.

This study demonstrates the jurisprudential differences regarding …

أثر جائحة كورونا (كوفيد 19) على تنفيذ العقود الإدارية, عبدالله عبدالحكيم بني مخزوم

Theses

The study raised the problems of the extent to which the Corona pandemic is considered a force majeure or an exceptional circumstance, as each adaptation has legal effects arising from it. Therefore, it was necessary to search the extent to which force majeure conditions or emergency circumstances apply to the Corona pandemic (Covid 19) and its effects. The researcher concluded that it is not generally possible to assert that the Corona pandemic is an emergency circumstance or force majeure. Rather, it is necessary to search the impact of the Corona pandemic on the administrative contract, and then the adaptation is …

مشروعية الأنشطة العسكرية في المنطقة الإقتصادية الخالصة (دولة الإمارات العربية المتحدة نموذجاً تطبيقيا), عمار يوسف النقبي

Theses

One of the innovations in the United Nations Convention on the Law of the Sea for the year 1982 is the system of the exclusive economic zone, where it was discussed for the first time in this agreement. The exclusive economic zone is defined as an area located deep in the sea and adjacent to the contiguous zone and the territorial sea and extends beyond that for a distance of 200 nautical miles. However, the legal system in the exclusive economic zone raises many problems that were excluded from the negotiations of the United Nations Convention on the Law of …

المسؤولیة التضامنیة لأعضاء مجلس الإدارة في شركة المساھمة العامة وفقا للمرسوم بقانون اتحادي رقم (32) لسنة 2021 بشأن الشركات التجاریة, نورة جمعة الشامسي

Theses

This study aims to identify the joint liability of the members of the board of directors in public joint stock company. The descriptive and analytical approach was adopted to identify the joint responsibility of the members of the Board of Directors in a joint stock company the analyses of the provisions related thereto in Federal Law by Decree No. (32) of 2021 regarding commercial companies in order to structure the limits of such responsibility.

This study has reached a number of results, the main result stipulates the general rule of the responsibility of the members of the board of directors …

Accurately Valuing Blue Carbon Sequestration And Storage To Foster Coastal Conservation Via Evidence-Based Policymaking And Model Environmental Services Statute Methodologies, John Shelton Penton Jr

LSU Doctoral Dissertations

Blue carbon ecosystems, especially mangrove forests, provide one of nature’s most effective means for sequestering carbon from the atmosphere and storing it in subsurface soils. The six nearshore coastal morphologies found in tropical and subtropical regions each possess a conspicuous environmental signature that can be employed to accurately estimate and predict mangrove forests’ carbon storage in above-ground biomass, below-ground biomass, and the soils by system type. The consistent geomorphology and geophysical processes within each of these coastal environmental settings, that is, the wave and tidal forcings, the rate of coastal sediment accretions, nutrient load and limitations (e.g., nitrogen-to-phosphorus …

The Use Of Arguments About Myths And Stereotypes To Appeal Sexual Assault Convictions In Canada, Ryan Andrew Quinn

LLM Theses

Canadian defence counsel have recently begun appealing sexual assault convictions by arguing that a trial judge applied myths and stereotypes (M&S) against the accused. This phenomenon is surprising because this country’s focus on M&S in sexual assault law has almost exclusively concerned improper assumptions that operate against the complainant and the Crown and risk producing perverse acquittals. This thesis reviews this new defence strategy with reference to three decades of appellate case law and scholarship. It advances definitions of M&S as well as principles for understanding the evidentiary effects of their recognition as such, and it categorizes various defence attempts …

Tokenized Finance And Monetary Law: The Evolving Role Of The Central Bank In The Age Of Digital Currency, Odunayo Emmanuel Olowookere

LLM Theses

This thesis attempts to examine the motivations of the central bank and the state in the adoption of a sovereign-backed Central Bank Digital Currency (CBDC). We sought to answer the question- of what central bank roles will be most affected by the adoption of a sovereign-backed digital currency. Since any motivations for the adoption of this new form of currency are sure to reflect in its eventual design, we argue that without the intervention of the law at this crucial design stage, any such currency is very likely to be unfavorable to the money users. We justify this by investigating …

Environmental Justice From The Ground(Water) Up: Coping With Contamination In Tallevast, Florida, Grey W. Caballero

USF Tampa Graduate Theses and Dissertations

How do communities living with chronic environmental contamination cope with the social, political, and economic impacts of the contamination? This research employs a community-engaged oral history approach with participant observation and archival research to address this question. We focus on the case of Tallevast, Florida, where the local groundwater has been contaminated with chlorinated solvents for over 60 years and where cleanup is estimated to take another 100 years. In addition to concerns about health and wellness, we find that residents are also concerned about household displacement and the disruption of social networks, failed governance at the local and state …

Coastal Cities In The Southern Us Floodplains: An Evaluation Of Environmental Equity Of Flood Hazards And Social Vulnerabilities, Lubana Tasnim Mazumder

USF Tampa Graduate Theses and Dissertations

Floods are recognized as one of the most common and widespread natural hazards in the United States (US). They are responsible for uncompensated losses and damages. Furthermore, evidence suggests flooding inflicts more harm among socially vulnerable groups, incapable of withstanding hazard events, raising environmental equity (EE) and justice (EJ) concerns. Regrettably, with continuing climate change and urbanization, flooding will not subside in the future; instead, the flooding frequency and intensity will increase in many parts of the US, and the trend of disproportionate impacts will continue to rise.

Since Hurricane Katrina, a considerable amount of research has been conducted on …

The Elusive Pursuit Of Justice: Sexual Assault Survivors' Speak About Redress In The Aftermath Of Violence, Tamera Ashley Margaret Burnett

PhD Dissertations

The struggle of survivors to obtain justice after they have been sexually assaulted has been a much discussed topic in recent years. Significant attention and resources are being directed towards this issue, making academic research particularly valuable at this time. However, instead of asking how legal processes can theoretically be made better, as is the case in most of the literature on this topic, my focus has been on asking why survivors want to engage in a legal process at all. What do they get from reporting their assaults and does what the legal system offers them respond to what …

Land Use/Land Cover Uncertainty Analysis Using Hydrological Modeling In The Northern Watershed Of Lake Okeechobee, Andres Lora Santos

USF Tampa Graduate Theses and Dissertations

Over the past 150 years, Florida has undergone a major land-form transformation, transitioning from a natural to a primarily built environment. The state's population has grown exponentially, from less than 50,000 residents in the 1850s to approximately 22 million residents today. This population growth has led to significant changes in land use, including urbanization, mining, and agriculture. This trend is expected to continue, with projections indicating an increase in urbanization across the state. 2070 land use/land cover projections were used as input for the Watershed Assessment Model (WAM) to analyze the potential impact of these changes on flow, total nitrogen …

Fighting The Illicit Antiquities "Artworld": A Critical Approach To The Heritage Laws Of Guatemala, Irene Marti Gil

LSU Doctoral Dissertations

This dissertation examines the suitability of the legal framework for the protection of cultural heritage in Guatemala, which is the country of origin for over thirty percent of the Maya objects traded in the antiquities market, and proposes strategies that improve the effectiveness of the law. To examine the heritage laws enforced by the Republic of Guatemala, I implement linguistic anthropological methods of qualitative research.

Discourse Analysis, Critical Discourse Analysis, and Conceptual Analysis on the national heritage policies of Guatemala reveal the existence of ontological problems regarding the conceptualization of heritage as a monolithic entity reflecting a State-led narrative with …

Time-Phasing Rdt&E In Air Force Acquisitions, Trevor A. Bills

Theses and Dissertations

Time-phasing describes the process of estimating expenditure profiles for multi-year RDT&E acquisition programs. The AFCAH states that one approach to producing a time-phased estimate is with the use of S-curve distributions. These S-curves are most typically modeled as Weibull, Rayleigh, or Beta distributions. Many prior studies have been completed to better understand which of the three distributions is best suited to time-phasing RDT&E programs, and what program characteristics significantly explain variance in the distributional parameters. Those prior studies utilized either contractor-supplied data or SARs, and typically found the Weibull to be the best performing distribution. This paper makes novel use …

التكییف القانوني للعقود المتصلة بالتطبیقات الحدیثة للنقل البري للأشخاص, ودیمة أحمد الدرعي

Theses

As a result of the huge development of technology, modern models have emerged in land transportation of persons, such as Uber and Lyft applications. Through this application, the driver in his own vehicle transports customers who requested transportation service from the application. The transportation companies claim that the drivers are independent contractors, while on the other hand, the drivers claim that they are employees so that they are covered by the rights guaranteed in the Labor Law. This study aims to show the legal nature of these contracts between the companies related to the modern electronic applications of land transport …

المرفق الصحي بين متطلبات النظام العام وﻣﺒﺪأ اﺳﺘﻤﺮارﯾﺔ المرفق العام ﻓﻲ الظروف اﻻﺳﺘﺜﻨﺎﺋﯿﺔ, مهرة ﺳﻌﯿﺪ الظاهري

Theses

The spread of the Corona virus clearly affected the work of public utilities in the country, so it disrupted some of them and modified the way others work. The spread of the pandemic led to the innovation of new ways and means that were not familiar with the functioning of public utilities. One of the most important of these means is remote work, which is done through means Modern communication, including the Internet.
The study sought to achieve several objectives, including clarifying the principle of continuity of the public facility in normal and exceptional circumstances, and clarifying the rules and …

المواجھة الجنائیة للشائعات في التشریع الإماراتي – دراسة مقارنة, ھدى راشد العلوي

Theses

Spreading and propagating rumors is a dangerous weapon that causes the disintegration of nations and creates anxious societies plagued by psychological wars and internal strife, these acts have caused legal problems, especially with the advent of social media, which has paved the way for their commission. Penal provisions guaranteeing adequate criminal protection against the perpetrators of such acts, The United Arab Emirates' legislation is one of these penal legislations, which pays attention to the legal regulation of this crime by punishing the perpetrator by the Criminal and Penal Code, the Military Penal Code and the Law on Combating Rumours and …

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …

The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek

Theses and Dissertations

Cairo is undergoing a moment of sharpened exclusion and inclusion, with the city’s residents of informal settlements disproportionately experiencing displacement and abrupt interruptions to their social fabric to make way for investment opportunities. In pursuit of achieving the status of a global city, the Egyptian state has effectively widened its practice of structural violence, in order to accumulate capital through dispossession. In the process of doing so, the state has problematized the contested status of urban citizenship, disenfranchising the urban dwellers of Cairo from their right to the city. Following the temporal shifts in the negotiation for urban citizenship, the …

Implications Of Good Faith In Construction Contracts, Nadine Rashed

Theses and Dissertations

The principle of good faith is making inroads and continues to significantly impact various contractual arrangements. In most civil legal systems, good faith is present as a core principle. Nevertheless, its definition is beyond doubt scarce in the construction industry. However, the common law lacks the good faith obligations. Good faith is one of the fundamental principles that impact the contractual obligations between the contracting parties. This paper creates an urge to address the implications of good faith on construction contracts in the pre-contract and post-contract award stages. Therefore, the paper’s objective is to propose a legal/contractual clause that meets …

International Criminal Trials Creating A Dominate Narration Of History And Overlooking Historical Blind Spots, Hoor El Masry

Theses and Dissertations

History is key to developing a better understanding of the world, what has happened in the past helps one understand the present. Understanding and studying history helps one understand the identity of his country and other countries as well. History can be the link to understanding and connecting events. You can understand why Israel is hated by Arabs when you study the history of its creation. The definition and the determination of history itself are complicated. Regardless of how major the event you are learning about, history remains the stories which are narrated about this specific event. Historians support these …

Colonial Enclaves In The 21st Century: A Study Of Ethnic Russians In Estonia And Afrikaners In South Africa, Emma Jane W. Konkoly

Senior Theses

Despite decades of disempowerment, some ethnic enclaves of colonial powers –termed colonial enclaves– remain in the decolonized country they once controlled. In international law or United Nations resolutions, there currently are no special distinctions between colonial enclaves and other types of ethnic enclaves or non-state actors. This thesis analyzes the social dynamics of ethnic enclaves and the existing laws that govern non-state actors to then investigate two cases of colonial enclaves: ethnic Russians in Estonia and Afrikaners in South Africa. Based on this case study research, it can be concluded that colonial enclaves have unique social and political dynamics that …

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

أثر استخدام تقنیة الاتصال عن بعد في المحاكمات الجزائیة على ضمانتي العلنیة والشفویة: دراسة مقارنة, الیازیة راشد السبوسي

Theses

Remote litigation is an application of modern technology that countries have established and added to the judicial system. Remote attendance appeared more at the time of the Corona pandemic, as the countries that had not previously used modern means in their judicial system have begun to advance it, and this is in contrast to the countries that used this system before the emergence of this pandemic. Among the pioneering countries in using remote communication technology is the UAE, where it started using this technology in 2017, that is three years before the pandemic, when the legislator enacted a special law. …

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

Allowed To Stay: An Exploration Of Dhs New Guidelines To Dismiss Certain Immigration Cases, Jazmin E. De La Cruz Sanchez

Dissertations, Theses, and Capstone Projects

A new Department of Homeland Security (DHS) guideline issued with the intent of reducing case backlogs has led to the dismissal of many immigrants’ legal proceedings. Having their case dismissed has allowed those immigrants to stay within the United States essentially with no legal status. I argue in this paper that these changes have left many in a state that’s been termed liminal legality. Building on previous research that employs this concept, I specifically argue that being in this position affects one’s employment, income, prospects for upward mobility, and future legal standing. Although this new guideline was created to …

Impact Of Social Media  On Public Perception Of Government Covid-19 Response Efforts, Taher Taher

Theses and Dissertations

This research aims to understand this phenomenon to provide insights into how governments can perform better in times of crisis regarding social media and its impact on public opinion. This research aims to understand how social media impacts public perception of government COVID-19 response efforts by studying Facebook comments, likes, and reactions (emoticons).

The study was based on data gathered from Facebook comments on the daily infographic COVID-19 statistics from the official site of the Ministry of Health and Population. The sampling frame is the 52 weeks of 2020, January to December, through random sampling resulting in 546 comments. The …

A Captive’S Subjectivity, Rebeca J. Blemur

Theses and Dissertations

The project discusses the effects of Haiti’s colonization as the space transitions from Hispaniola to Saint-Domingue and later to the free state of Haiti. This is done by studying the concept of the right to conquest and the absurdities that exist around the first appearances of international law. The project focuses on the pre-revolutionary period starting around the 1750s, the revolutionary period that began in the 1790s, the French oligarchical class’s attempt for social equality, and the war for ultimate colonial conquest between the French, Spanish, and British. The project will display how legally objectifying a human being manifests subjects …

Exploring The Implementation Challenges And Achievements Of The 2016 Civil Service Law In Egypt: A Study, Nahla Tarek

Theses and Dissertations

The American University in Cairo

School of Global Affairs and Public Policy

Department of Public Policy and Administration

Abstract

This study aims to understand the implementation challenges and achievements of the Egyptian Civil Service Law (CSL), particularly in the areas of appointments, organizational structure, creation of the new position “permanent secretary” in government institutions, and the provision of incentives arrangement. In order to achieve the research aim, the study employed the qualitative methodology to gather data by performing semi-structured interviews with civil servants of different grades and positions. The interviewees collectively painted a holistic picture of how the CSL is …