Law Commons^™

Evaluating Enforcement Of Environmental Measures To Fishing Vessels Not Covered By Solas Operating In Antarctic Waters, Manuel Alejandro Fuenzalida Lopez

World Maritime University Dissertations

No abstract provided.

Social Media, Social Identification, And The Integration Of Refugees Into Jordanian Society, Ibrahim Al Elanat

Student Theses and Dissertations

Mass media and social media platforms play a critical role in helping Syrian refugees integrate into host communities. Through social media platforms, users’ can voice their opinions on various topics related to the refugee experience. This study aims to identify the various cultural needs and practices of the refugee community in Jordan. The study aims to develop a framework for policymakers, employers, and local communities in Jordan to consider and integrate Syrian refugee's social identity. Also this study aims to identify the various aspects of identity re-constructions in order to determine the most effective practices for Syrian refugees. The study …

This Is Sparta!: Attitudes Of Ncaa Division I Compliance Officers Towards Athlete Agent Regulations, Mark Thomas Gurenlian

Student Theses and Dissertations

The topic covered in this Thesis is that of the Sports Agent Responsibility and Trust Act (SPARTA), the state adopted Uniform Athlete Agents Act, and any other laws that are used to control athlete agents. Specifically, how these laws fail to properly protect collegiate student-athletes and fail to regulate athlete agents. There is a review of previous articles and research that promote the idea that SPARTA was not fully comprehensive and that the UAAA laws are missing key details. The study consists of a questionnaire sent to Division I compliance officers and their responses supported the notion that not only …

Revenge Porn: The Result Of A Lack Of Privacy In An Internet-Based Society, Shelbie M. Mora

Privacy Certificate Student Publications

This paper is about revenge porn statutes within and outside of the United States and their privacy consequences to victims. This paper focuses heavily on two state laws and reviews a case in each state and then explains the implications the ruling has on victims. With other countries' statutes, the paper primarily focuses on penalties for violations. To finish, there is a review of a failed proposed US statute and then I propose my own law and penalties.

Bridging The Gap: International Investment Law And Investor State Dispute Settlement Mechanism As A Catalyst For Economic Downturn And Human Rights Violations In Developing Countries, Rukayat Opeyemi Ibrahim

LLM Theses

At the very core of international investment law (IIL) lies the protection of foreign investments which are often exhibited by clauses found in Bilateral Investment Treaties (BIT’s) or investment chapters of Free Trade Agreements (FTA’s). These protections contain standard clauses that usually includes investor-state dispute settlement (ISDS) as a mode of resolving disputes. For developing countries, the presence of foreign direct investment (FDI) within the territory of their host state signals development. However, the existence of certain standards for protecting FDI and foreign investors alike, as found in BIT’s or investment chapters of FTA’s, have meted out deleterious effects on …

Fostering Implementation Of The United Nations Sustainable Development Goals In Africa: Prospects Of Revenue Generation Under The Tax Treaties Signed By Nigeria, Tanzania, And Botswana, Oladiwura Ayeyemi Eyitayo-Oyesode

PhD Dissertations

African countries are behind in social and economic development. The citizens of these countries experience high levels of poverty and hunger, unemployment, maternal and infant mortality, lack of access to quality education, gender inequality and other social, economic and environmental ills. To fix these development challenges, African countries have been encouraged to improve on domestic resource mobilization. This is regarded as a more viable and sustainable way of actualizing the UN Sustainable Development Goals (SDGs) against reliance on aids and grants. Also, emphasis is placed on taxation as the primary source of revenue for funding development because it ensures ownership …

Public Acceptance Of Medical Screening Recommendations, Safety Risks, And Implied Liabilities Requirements For Space Flight Participation, Cory J. Trunkhill

Doctoral Dissertations and Master's Theses

The space tourism industry is preparing to send space flight participants on orbital and suborbital flights. Space flight participants are not professional astronauts and are not subject to the rules and guidelines covering space flight crewmembers. This research addresses public acceptance of current Federal Aviation Administration guidance and regulations as designated for civil participation in human space flight.

The research utilized an ordinal linear regression analysis of survey data to explore the public acceptance of the current medical screening recommended guidance and the regulations for safety risk and implied liability for space flight participation. Independent variables constituted participant demographic representations …

Assessing The Constitutional Validity Of Substantiation Laws For Medical Device Safety And Effectiveness Under The Medical Devices Regulations And The Food And Drugs Act, Victoria Kongats

LLM Theses

This thesis examines federal scientific evidence requirements for medical device safety and effectiveness under the mainstream market entry licensing pathway under Part 1 of the Medical Devices Regulations, and under the new ‘agile’ market entry pathway, the Advanced Therapeutic Products Amendments, which amended the Food and Drugs Act. Apart from a narrow category of medical devices (near patient in vitro diagnostic devices), scientific evidence requirements are vague and do not enumerate explicit expectations for methodologically rigorous forms of scientific evidence. Medical device safety and effectiveness could be more predictable with explicit expectations for scientific rigour. The thesis analyzes if this …

A Conversation Piece About Implementing Inuit Legal Orders Into The Nunatsiavut Government's Inuit Court, Elizabeth Zarpa

LLM Theses

A majority of Inuit reside above the 55th parallel in 51 communities throughout Nunatsiavut, Nunavik, Nunavut and Inuvialuit. This area is Inuit Nunangat and each of these Inuit regions has their own modern treaty. The political and legal history of the evolution of these modern treaties is under-represented within educational institutions. Breathing life into and contextualizing this history is integral when revitalizing Inuit legal orders. There is space to implement Inuit legal orders into the governing structures throughout Inuit Nunangat. This thesis highlights that published and publicly accessible Inuit stories embodies law. Law from the stories is applicable to governance …

Measuring And Assessing The Impact Of Race And Culture Assessments In Sentencing, Alexia Bystrzycki

LLM Theses

In recent years, the use of Impact of Race and Culture Assessments (“IRCA”) emerged in sentencing across Canada, especially in Nova Scotia and Ontario. Sentencing judges recognized that IRCAs “have the potential to provide a bridge between an accused’s experience with racial discrimination and the problem of over-incarceration” (R v Jackson, 2018 ONSC 2527). Consequently, IRCAs are helpful in achieving fit and proportional sentences. Using a mixed-methods approach, this thesis seeks to assess the impact of IRCAs on sentencing decisions. First, this thesis examines how judges apply IRCAs in crafting sentences by way of content analysis. Second, this thesis attempts …

The Right To Development And Climate Justice: The Nigerian Approach, Ikeanibe Chiamaka Cynthia

LLM Theses

The individual concepts of the right to development and climate justice have been the subject of much literature. However, the intersection of both concepts remains an emerging discourse. This thesis considers how the implementation of each of the two independent concepts affects the full actualization of the other. It situates itself within the Nigerian jurisdiction to analyse how the implementation of the right to development hinders the attainment of climate justice and vice versa. It argues that the weak response to climate change has impacted the right of the people to reach optimum development. It further argues that the basic …

The Rise Of Machines: Patenting Inventions Generated By Artificial Intelligence In Canada, Morris Odeh

LLM Theses

“The rise of machines is here,” but they did not come as “rogue robots” to terminate humankind as some fictional writers predicted. Rather, they have come as inventors of human-like creativity. Therefore, this thesis examines the question of the patentability of inventions generated by artificial intelligence (AI) machines within the context of the Canadian patent system. Applying the modern principle of statutory interpretation, utilitarianism, and economic theoretical framework, this research determines whether AI-generated inventions can constitute patentable subject matter, AI systems can be inventors, and AI technology can own and exercise patent rights under the Canadian Patent Act. The thesis …

Disabusing The Tax Aid Narrative: What Inter-National Tax Equity Really Means For "Poor" Countries And How To (Re)Frame It, Ogbu Okanga Okanga

PhD Dissertations

International tax regimes (e.g., the “double taxation regime”) are created by states with competing tax jurisdiction to coordinate their tax rules and, specifically, to address common efficiency problems like international double taxation. In developing such regimes, states attempt to balance competing tax policy priorities: efficiency, administrability, and equity. This work engages with equity, as a policy norm of international tax (inter-national tax equity). It is my thesis that the framing/articulation of inter-national tax equity suffers from a narrative problem that, perhaps, stems from its apparent conceptual unclarity and multifarious usage. This narrative problem is most evident in the articulation of …

Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti

PhD Dissertations

The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …

Life's Not Fair. Is Life Insurance?, Mark A. Sayre

Privacy Certificate Student Publications

The rapid adoption of artificial intelligence by life insurance companies increases the risk that such practices may unfairly discriminate against insurance applicants based on race. The article briefly discusses the history of racial discrimination in life insurance pricing, followed by a summary of current antidiscrimination law. Next, proposed state legislation to address discrimination risks posed by artificial intelligence is discussed. Finally, the article discusses the potential that professional standards may provide a faster way to mitigate discrimination risk in a nationally uniform manner.

Leaning Into Chaos (Child's Health And Online Safety Act): Revision To Ftc's Enforcement Of Coppa & New Model Rule For Child Advertising, Gabrielle N. Schwartz

Privacy Certificate Student Publications

This article focuses on the need for a new model act introduced by the author (the Child’s Health and Online Safety Act) to amend the Child’s Online Privacy Protection Rule. First, to understand the landscape of existing child privacy protections, this article discusses the historical background of the Federal Trade Commission’s (FTC’s) authority to regulate child advertising. Furthermore, this article illustrates how the current law, the Children’s Online Privacy Protection Rule (COPPA), regulates entities who direct their websites or online services and advertising to children. Next, this article introduces case law that illustrates the weaknesses of COPPA. Finally, the focus …

Environmental Justice Mapping In The U.S. Pacific Island Territory Of Guam, Ben Rocha

Master of Science in Environmental Sciences and Management Projects

Academics, regulators, and the public currently use geospatial analysis tools to identify locations that may be candidates for further environmental justice review in the continental United States (U.S.). However, current environmental justice geospatial analysis tools overlook a small but significant portion of the U.S. - the U.S. Pacific Islands. This study analyzes environmental justice within the U.S. Territory of Guam using existing geospatial analysis methods and publicly available environmental, climate, and socio-economic data to: (1) Spatially map relevant demographic and environmental data and (2) determine the correlation, if any, between the exposure to environmental hazards and the socio-economic status of …

My Three Criminal Justice Careers, Brisa Sanchez

Undergraduate Scholarly Works

This undergrad research paper is about the basics of the three components of criminal justice careers and the careers and salaries they do for a living.

The Saudi Judge's Discretion In Liquidated Damage Clauses: An Applied Analytical Study In Light Of Islamic Sharia Law, Salman Mufleh R. Al-Kahtani

Maurer Theses and Dissertations

This dissertation studies the treatment by Saudi judges under Islamic Sharia law of liquidated damages clauses in contracts, a critical part of modern commercial transactions.

After introducing the basic and secondary sources of Islamic law and discussing the current treatment of the liquidated damages clause by Saudi judges according to general Islamic rules and the four jurisprudence schools, this dissertation demonstrates that Saudi judges have broad discretion in applying jurisprudence rules, particularly Hanbali jurisprudence, the applicable jurisprudence in the Saudi courts.

Numerous interpretations of the same jurisprudential rule exist, resulting in multiple judicial rulings for the same jurisprudential rule. Among …

The T Visa Process And The Identification Of Victims Of Human Trafficking, Mandalena Prelashi

Dissertations, Theses, and Capstone Projects

The Trafficking Victims Protection Act of 2000 (TVPA) is a contemporary effort to combat human trafficking. In 2000, the Congress enacted the T Nonimmigrant Status (or T visa) in the effort to protect victims of trafficking and to enhance law enforcement’s ability to investigate and prevent these crimes in the U.S. This thesis explores from a legal and social point of view the obstacles, hurdles, and challenges that victims of human trafficking face, when applying for a T visa. I find that (1) victims assess their exploitation as wrong and immoral but not amounting to human trafficking, thus they are …

Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz

Dissertations, Theses, and Capstone Projects

Texas Governor Greg Abbott launched Operation Lone Star in March 2021 to respond to the “crisis” at the United States/Mexico border. While in the US immigration is usually thought of as a federal responsibility, different states have worked to expand their capacity to welcome or exclude immigrants. Operation Lone Star is an example of how one state is working to restrict immigration to the US and build notoriety for its republican governor. Drawing on press releases, executive orders, news articles, opinion pieces, and other sources I highlight the performative politics within this initiative. Operation Lone Star is an example of …

An Investigation Of The Unintended Consequences Of Florida’S Stand Your Ground Law And Leadership’S Role In Both Implementing The Law And Revising It, Anthony Keel

Dissertations

The State of Florida has become a negative representation of the Stand Your Ground Law due to the three unintended consequences which developed since that law was passed in 2005. They are the disparity of African American incarceration rates when the law is applied, the increase in justifiable homicides, and the exponential increase in concealed carry permits. The intent of this qualitative research study was to inspire the leadership of the state of Florida to actively support and participate in reexamining, reassessing, and revising the Stand Your Ground Law. The literature review suggested that the law is ambiguous because it …

The Paradox Of Salvation: Police-Perpetrated Sexual Violence Against Sex Workers In The United States, Aydan Murphy-Stanley

Student Theses

This study explores how sex workers in the United States are sexually victimized and potentially traumatized by sexual violence perpetrated by police officers, as well as the paradoxical implications of this violence. A qualitative meta-synthesis was conducted to examine and integrate qualitative literature pertaining to this phenomenon. 10 databases were used to execute the systematic literature search. Only studies that utilized qualitative methodologies, are published in peer-reviewed academic journals, and examined police-sex worker interactions were included. Data from relevant studies was analyzed according to the meta-synthesis method. Police-perpetrated sexual violence against sex workers was identified as a form of sexual …

Implication Of Model Regulations On Domestic Ferry Safety On China's Ferry Safety Legislation And Maritime Safety Administration’S Supervision, Yi Pang

World Maritime University Dissertations

No abstract provided.

Environment Protection In The South China Sea : A Study Of The Applicability In The Designation Of A Particularly Sensitive Sea Area (Pssa), Tao Yang

World Maritime University Dissertations

No abstract provided.

Legal Fundamentals And Key Issues For Establishing International Ocean Carbon Sink Organization, Qilong Liao

World Maritime University Dissertations

No abstract provided.

A Study On Legal Issues Of Unmanned Ship Maritime Regulation, Qingbao Zhang

World Maritime University Dissertations

No abstract provided.

Illegal Homeless Encampments In California: Using The Com-B Framework To Transform A Public Health Nuisance Into A New Housing Development Model, Desiree E. Orozco

Master's Projects and Capstones

California has the highest homeless population, with over 161,000 people experiencing homelessness. Despite approving a billion dollars in grants for the 2018-2019 budget, The 2021 Annual Homeless Assessment Report (AHAR) to Congress revealed California had an increase of over 3,500 individuals staying in shelters between 2020-2021. The multi-faceted and multi-dimensional issues of homelessness and policies make it difficult to prevent individuals experiencing homelessness from living in illegal encampments. Therefore, the author proposes a multi-prong approach to homelessness in California grounded in theories of the Socio-Ecological Model (SEM) and COM-B model and informed by housing first and permanent supportive housing practices. …

The Long Migration Route: Exploring Social Implications For Asylees In The Us And Policy Creation In Transit Countries As A Result Of Immigration Patterns Of African And Haitian Asylum-Seekers Traveling Through Latin America To The United States, Brendan Rupprecht

Capstone Collection

The number of asylum-seekers from African nations and Haiti traveling from their origin countries, through Latin America, and then to the United States is increasing. This capstone explores why Africans and Haitians are choosing to embark on this journey, what the experience is like for the asylum-seekers (including mapping the physical route taken), and what policies have been developed in transit countries, specifically Panama and Mexico, as a response to this phenomenon. To fulfill the objectives of the study, data was collected by conducting semi- structured interviews with 4 individuals who currently work in the field of international migration and …

The Economic Impact Of Cyberattacks In The United States, Habibullah Asadi

Student Theses

In recent years, the global economy has been beset by cyber-attacks. These events disrupt business and governmental operations, large and small, and include broad-horizon attacks on infrastructure and pointed network takeovers. The attacks can include malicious online activities directed at stealing financial and intellectual property or, manipulating, destroying, and denying access to critical information. Despite increased awareness of these challenges, the victimization of private and public networks continues, and the economic impacts mount daily. This research will present the economic impact of cyberattacks on United States businesses and governmental agencies.