Law Commons^™

From Emission Trade Sysytem To Carbon Offset : Status And Progress Of Emission Control In Shipping Industry, Zhili Yao

World Maritime University Dissertations

No abstract provided.

Refugee Perspectives On Transitioning From Higher Education In The United States To Life Post-Graduation, Jessica S. Clarkson

Capstone Collection

In 2019, only 3% of refugees had access to higher education. Using qualitative research methods of surveys and semi-structured interviews, this study explores the perspectives of two student affairs professionals and six individuals with formal refugee status granted by the United Nations High Commissioner for Refugees (UNHCR) and in possession of a refugee travel document, who have not yet been resettled and are pursuing higher education in the United States. It focuses on the students’ preparation for and transition to life post-graduation, since UNHCR supposes that pursuing higher education abroad may be a viable ‘complementary pathway’ toward resettlement, self-reliance, and/or …

The Nexus Standard And Its Implications For International Tax Competition And Soft Law, Huaning Li

PhD Dissertations

This dissertation investigates the importance of the nexus approach to international taxation. The nexus approach was first adopted in Action 5 of the G20/OECD Base Erosion and Profit Shifting (BEPS) Project and has since been implemented as a minimum standard through the BEPS Inclusive Framework. It requires a country to apply preferential taxation of income from patent and patent-like intellectual property (IP) under patent box regimes only to the amount that has a nexus with that country. Drawing on the existing literature and a case study of 10 countries that have adopted the nexus standard, this dissertation makes two central …

Using Charter Damages To Provide Meaningful Redress And Promote State Accountability: A Re-Examination Of The Omar Khadr Case, Katharine June Fisher

LLM Theses

In July 2017, the Government of Canada reportedly paid Omar Khadr $10.5 million to settle his civil suit. Khadr sought damages under the Canadian Charter of Rights and Freedoms resulting from Canada’s active participation in human rights breaches during his imprisonment at Guantánamo Bay. Although the Charter damages remedy serves critically important public law functions, it is not achieving its full potential in many cases. Using Khadr as a case study, I apply the framework developed in Vancouver (City) v Ward to analyze what Khadr’s entitlement to Charter damages might have been if his civil claim had not settled. The …

Re-Visiting The 'Resource Curse': Law And Mining Governance In Southern African Developmental States, Sara Ghebremusse

PhD Dissertations

Using the case studies of Botswana, South Africa, and Zambia, this dissertation interrogates the applicability of the developmental state paradigm to mining developmentalism in Southern Africa. Since the advent of neoliberal Washington Consensus policies and the rise of the resource curse theory beginning in the 1980s, African states have been discouraged from pursuing interventionist policies in their mining sectors. Instead, through the methods of conditionality and transnational norm-creation, many African states were pressured to adopt good governance principles that limited their role, and the role for law, in expanding opportunities for mining-led development across the region. As growing consensus challenged …

Mining Conflict, Indigenous Peoples And Environmental Justice: The Case Of Phulbari Coal Project In Bangladesh, Mohammad Mahmudul Hasan

PhD Dissertations

My doctoral dissertation, an in-depth case study of the Phulbari Coal Project in Bangladesh, accentuates the interests and engagements of Indigenous peoples (Adibasi people) in the decisionmaking process in resource extractive industries through an environmental justice framework. My primary aim is to observe how and to what extent Indigenous peoples’ interests are reflected in official environmental decision-making processes versus how they frame their own claims in a mining conflict situation. I employ extensive qualitative research in the project area to demonstrate how Adibasi communities articulate and implement their claims through raising their voices and ultimately stimulating a movement that stopped …

Paradox In The Bayou: Development And Displacement In America’S Wetlands, Allison Oliver Haertling

LSU New Orleans Theses and Dissertations

The bayou communities situated at the southern ends of Terrebonne Parish, Louisiana possess a rich and uniquely diverse cultural heritage. However, economic factors, combined with environmental issues such as land loss from oil and gas dredging, subsidence, and rising seas, have spurred significant migration “up the bayou” in recent decades, threatening the loss of these cultures and leaving behind a population that is growing increasingly more vulnerable. This study investigates the current and anticipated social, physical and fiscal impacts of persistent land loss and population decline on lower Terrebonne Parish, as well as planning strategies for maintaining existing infrastructure and …

Understanding The Perceptions Of Supervision And Supervisory Behavior Of Patrol Precinct Patrol Supervisors In A Goal-Oriented Police Department, Jerry L. Garcia

Seton Hall University Dissertations and Theses (ETDs)

This research was focused on understanding the perceptions of patrol precinct Patrol Supervisors, within the New York City Police Department, as they relate to supervision of Police Officers in a goal-oriented police department, and whether there is a connection between this perception and a supervisors behavior.

In 1994, policing in the New York City Police Department had shifted to a predictive approach to law enforcement. Police Officers were now given performance objectives to achieve. Patrol Supervisors were given the responsibility to ensure that Police Officers met those objectives, and were held strictly accountable for it. Since accountability was now placed …

Fitimi I Pronësisë Nëpërmjet Trashëgimit, Leart Muli

Theses and Dissertations

Qëllimi i punimit është të shqyrtojë fitimin e pronësisë nëpërmjet trashëgimisë, duke analizuar kuadrin ligjor vendas në fushën e pronësisë dhe trashëgimisë. Punimi gjithashtu ka për qëllim edhe trajtimin në aspektin praktike të çëshjteve të ndryshme që ndërlidhen më të drejtën trashëgimore dhe idenfikimin e shkaqeve apo faktorëve që i pengojnë trashëgimtarët femra të realizojnë të drejtën e tyre trashëgimore. Metodologjia e punimit është bazuar në mbledhjen dhe analizimin e të dhënave primare dhe sekondare. Të dhënat primare janë siguruar nga hulumtimi i kryer më përdorimin e pyetësorëve. Pyetësorët janë dërguar tek 400 individë sipas zgjedhjes rastësore dhe probabilitare. Gjatë …

Hate Speech And Democracy: Deciding What Sort Of Legal Doctrine Is Best Suited To Hate Speech Regulation In Taiwan, Yen-Hsiang Chang

Maurer Theses and Dissertations

Taiwanese people are committed to the values of freedom, democracy, and human rights. Nowadays, according to the rating posted on the Freedom House website, Taiwan is considered one of the world’s free countries and is among the best in providing political rights and civil liberties. Knowing this current state, it is hard to believe that the small island was under a period of martial law lasting for 38 years in the middle of the twentieth century.

Tremendous progress and transition in Taiwanese politics and society has happened after democratization. One significant change is the progression of the right to freedom …

Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler

Graduate Theses/Dissertations

From 1824 to 1837, the Supreme Court of Missouri developed a sophisticated caselaw establishing emancipation-by-residency—where a Missouri court could liberate an enslaved petitioner because of their residence in a free jurisdiction—as a basis of freedom suits. In 1852, however, the Court undermined the precedential value of those decisions and dismantled this basis when deciding Dred Scott’s case, Scott v. Emerson. Scholarship on Missouri’s freedom suits has highlighted how partisanship and the political atmosphere in Missouri as well as across the nation contributed to this outcome. This study adds to the historiography how the previous caselaw itself predisposed the result; …

Resisting ‘Raid-And-Rescue’: Capturing The Ideograph Of Victimhood In Nevada Law A.B. 166, Samantha Thies

UNLV Theses, Dissertations, Professional Papers, and Capstones

Critical rhetoricians and legal communication studies scholars have long recognized that rhetoric and ideology are inherent to legal structures, shaping legislation and impacting the lives of those such laws are meant to address. Fewer look to, not just civic discourses, but also the vernacular discourse surrounding such institutions, shaping the ideologies that support it. There is a need, however, for the study of outlaw discourses to both help define ideographs and challenge their very existence through contrasting outlaw and hegemonic logics. Thus, this thesis examines debates over A.B. 166, a Nevada state law meant to alleviate sex trafficking, by establishing …

Innovative Boards: Exploring The Curvilinear Relationship Of Firm Innovation With Information Diversity, Dynamic Capability Diversity And Governance Diversity Of The Board Of Directors, And Understanding The Critical Moderating Effect Of Board Size On This Relationship, Ajay Makhija

Dissertations and Theses Collection (Open Access)

The role and effectiveness of Board of directors in fostering innovation is an area of keen interest for both academics and professionals. Heterogeneity research suggests that diverse groups consider a broader range of perspectives and hence are able to foster creativity and drive innovation. The focus of most prior research on board diversity has largely been on gender, and the outcomes have been generally inconclusive. In addition, previous research efforts have focused on the RBV (Resource based view) in terms of the board role and also in explaining the diversity relationship with innovation. This study extends the diversity, governance and …

New Jersey Overdose Prevention Act: Police Officers’ Experiences At A Drug Overdose Scene, Michael Ziarnowski

All Theses And Dissertations

The number of drug overdose deaths in the United States from opioids has led to national attention about the problem commonly described as the “opioid epidemic.” Federal and state policymakers have shifted from a hardline punitive approach to a rehabilitative approach in an attempt to save lives. Good Samaritan Laws (GSLs) and advances in medicine have been implemented differently in different states. For example, the enactment of the New Jersey Overdose Prevention Act (NJOPA) and the use of naloxone by first responders are ways that state officials try to save lives. However, there is limited research on the first responders’ …

From Simple To Sophisticated: The Organization Of Terrorist Groups, Michael K. Logan

Student Work

This dissertation draws on gang organization research and organizational theory to assess the underlying dimensions of organization in terrorist groups. Using the Leadership for the Extreme and Dangerous for Innovative Results (LEADIR) dataset, findings suggest that organization is a multidimensional construct in terrorist groups, including the structuring of activities dimension and the concentration of authority dimension. In relation to violence, terrorist groups high on the structuring of activities dimension were significantly more lethal in general and more lethal when attacking hard targets, whereas terrorist groups high on the concentration of authority dimension attacked hard targets at a significantly higher rate. …

The Study Of Motivation For Defection Within The Intelligence Community: Hindering The Government's Ability To Prevent And Detect Defection, William Virgili

Graduate Program in International Studies Theses & Dissertations

Since its inception, the global community has been marred by insecurities about the intentions of other states, which led to states creating intelligence agencies to engage in human intelligence operations. In defense against foreign intelligence services, the U.S. has implemented policies and procedures, informed by defection research, to prevent and detect defection. However, this leads to the question does current research on motivation for defection adequately inform government policies and procedures to prevent and detect defection within the intelligence community? To interrogate this question, I present an in-depth analysis of motivation; the ways in which these conclusions have or have …

A Delphi Study Of Actions Needed For Active Shooter Preparedness To Lower The Number Of Casualties And Injuries During Active Shooter Incidents At K-12 Schools, Michael Maley

Dissertations

Purpose: The purpose of this Delphi study was to identify specific actions that experts perceive are needed for active shooter preparedness for educational facilities, to lower the active shooter incident casualties and injuries in the U.S. K-12 schools. The study also examined the degree of importance for the identified specific actions needed for active shooter preparedness at educational facilities and those actions most likely to be implemented.

Methodology: The research design for this study is utilizing the Delphi technique that provides a systematic process in collecting data of opinions from a panel of experts. The Delphi study includes collecting …

Working From Home: Analyzing The Autonomy Of App-Based Adult Content Creators, Jenna Depasquale

Dissertations and Theses

Accessibility to social media applications ("apps") has paved the way for a new addition under the umbrella of sex work: adult content creation. By selling self-produced photos and videos through mainstream social media apps, creators experience a specific set of conditions unlike the forms of sex work that have proceeded it. Through 13 semi-structured interviews, the following question is investigated: What aspects of app-based sex work heighten or threaten workers' senses of autonomy? Autonomy is defined as being able to exert control over one's work and the ability to work without external interruption. It is found that while the demand …

Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin Noelle August

Dissertations and Theses

Juveniles have a lower comprehension of their Miranda rights than adults, and in turn, are more likely to waive those rights and cooperate during an interrogation. Some states require youths to consult with their parents before/during the interrogation; however, this involvement can be detrimental to the juvenile suspect. Recently, laws in California and Illinois have mandated that juveniles consult with a defense attorney prior to the interrogation, or that the attorney is present during the interrogation.

Through semi-structured interviews with 19 juvenile defense attorneys across the state of Oregon, I explored defense attorneys' perspectives on juveniles' legal decision-making in the …

Black Lives Matter In Engineering, Too! An Environmental Justice Approach Towards Equitable Decision-Making For Stormwater Management In African American Communities, Maya Elizabeth Carrasquillo

USF Tampa Graduate Theses and Dissertations

The United States and the world have recently been challenged with the disparate effects of COVID-19 and the continual killings of unarmed Black men and women across the nation. A history of anti-black racism has led to systemic structures of inequity that thread throughout institutions and communities across the nation. This environmental engineering research comes at a time when understanding how to effectively engage in, and with Black communities is at the forefront of discourse in academia, utilities and private sector.

In 2018 the Brookings Institute published a report on workforce in the water sector demonstrating the lack of diversity …

Perceptions Of Police Use Of Force At The Intersection Of Race And Pregnancy, Emma Elizabeth Lee Money

Dissertations and Theses

Attention surrounding forceful policing largely focuses on men's experiences, but Black women, even when pregnant, are also harmed by police use of force. Previous research demonstrating anti-Black biases in perceptions of police use of force toward men cannot be directly applied towards women, due to unique stereotypes of Black women and mothers. How do race and pregnancy influence perceptions of police use of force against women? It was expected that pregnancy would elicit more positive responses in the current study, but only when pregnant women were also White. Benevolent sexism (BS) and social dominance orientation (SDO) were tested as moderators …

Kriminaliteti Ekonomik Në Veçanti Pastrimi I Parave Në Kosovë Gjatë Periudhes 2015-2017, Arbnora Çollaku

Theses and Dissertations

Ky punim shqyrton Kriminalitetin Ekonomik në Republikën e Kosovës, duke u fokusuar në periudhën tre vjecare 2015,2016 dhe 2017 pas shpalljes së Pavarësisë së Kosovës. Punimi ka modelin teorik i cili si pikë fillimi shqyrton Kriminalitetin Ekonomik i cili shpjegon sjelljen kriminale, duke kaluar tek përshkrimi se si Pastrimi i Parave ka efekt negativ në shkallën e krimit. Duke i kushtuar vëmendje të vecant Pastrimit të Parave, si një ndër veprat më të rënda të Kriminalitetit Ekonomik dhe një fenomen mjaftë i dëmshëm kriminal ndaj të cilit Kosova nuk është imune. Pastrimi i Parave shfaqet dhe zhvillohet në forma të …

Surveillance Technology Toward A Dystopian Future, Sandy Hernandez

University Honors Program Senior Projects

There is a continual debate between individuals who attempt to measure the individual’s right to privacy against the government’s right to know as an exchange to provide for the security of all citizens. Questions that demand an answer are whether the individual’s right to privacy outweighs the government’s duty to provide security; and if security is considered more important, can there even be a right to privacy. When questioning the right to privacy and state surveillance, there are three key goals. First, to investigate whether the human right to privacy should exist, considering the continued threat of terrorist attacks and …

Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird

Graduate Theses and Dissertations

Buffer zones are a risk management method used within sport and recreation to protect participants and spectators from avoidable injury. Within the recreational golf sector, buffer zone standards do not exist. This poses a problem as golf courses in the recreational sector serve a wide range of customers in terms of age, skill level, and experience. A legal case content analysis of 1,561 golf negligence lawsuits aimed to answer research questions related to locations of incidents, circumstances that led to injury, and injuries or damages that were the result of errant golf shots. A Westlaw search provided the data for …

Justice For All? An In-Depth Look At Sexual Assault Kit Testing In The Carolinas, Jessalynn C. King

Senior Theses

Within the last few decades, technological advancements and an improved understanding of biological materials have led to an increase in evidence that can be submitted for forensic testing in criminal justice investigations. In a sexual assault investigation, a sexual assault kit (SAK) is often collected and contains the evidence found on the victim’s or suspect’s person. While the true total is unknown, it is estimated that several hundred thousand untested SAKs remain in the custody of law enforcement and forensic crime laboratories across the United States. Whether these SAKs were neglected due to law enforcement bias, the prioritization of other …

Juveniles Tried As Adults:The Impact Of Youth Demographic Factors On Juror Perceptions, Denieka Ellis

Student Theses

Abstract: This study explored the impact of defendant age, race and stereotypic crime on verdicts and recommended sentencing of juveniles tried as adults. Previous research shows that jurors enter trial with negative preconceptions and biases of juveniles because they are being tried within an adult venue. These negative preconceptions have led jurors to recommend harsher sentencing for juveniles rather than adults with the same defendant characteristics and criminal history. Crime type and crime severity have also been shown to impact perceptions of juvenile defendants in adult court. However, research has not yet explored the potential impact that stereotypic crime—a crime …

An Examination Of Defense Attorney Knowledge Of Dispatcher Practices In Eyewitness Calls, Elena Christofi

Student Theses

911 dispatchers are often the first point of contact for witnesses to crimes. Dispatchers have an important role in collecting information related to a witness’ observations and recollection of events, and this information can serve as primary evidence in criminal cases. Therefore, it is crucial that evidence collected from eyewitnesses is as accurate and detailed as possible. In the present study, we investigated defense attorneys’ perceptions on how dispatchers gather information from eyewitnesses during 911 calls, because little is known with respect to how defense attorneys review, use, and challenge 911 calls. Using an online survey, we asked defense attorneys …

Out Of The Darkness: Identifying Solutions For The Catholic Diocese Of Dallas Amidst Child Sexual Abuse By Clergy, Alee Corrales

Honors Theses

No abstract provided.

Increasing Groundwater Recharge Activity In The San Joaquin Valley Of California, Jacob Willhite, Jacob Willhite

Agricultural Education and Communication

Over the past several decades, groundwater has become a primary source of water used for agriculture in California. Surface water available for agricultural use has depleted due to declining rain totals and reallocation to environmental purposes. As a result, groundwater overdraft has become a severe challenge, especially in the San Joaquin Valley of California. This excessive overdraft causes a plethora of issues, one of the most serious being land subsidence (Faunt, Sneed, Traum, & Brandt, 2016). Studies suggest some areas of the San Joaquin Valley have experienced more than a 28-foot drop in the land level since the 1970’s (Alley …

Three Essays On International Trade Policies, Xin Yi

Dissertations and Theses Collection (Open Access)

This dissertation studies the empirical and quantitative implications of trade policies. The first chapter examines the effects of trade policies on quality specialization across cities within a country. Specifically, we complement the quality specialization literature in international trade and study how larger cities within a country produce goods with higher quality. We first establish three stylized facts on how product quality is related to agglomeration, firm productivity, and worker skills. We then rationalize these facts in a spatial equilibrium model where all the elements mentioned above are present and firms are free to choose their locations. Using firm-level data from …