Law Commons^™

Application Of The State Immunity Rule In The International Criminal Justice System: Problems Arising And A Critique Of Legal Response Mechanisms, Celestine Nchekwube Ezennia

LLM Theses

The state immunity rule was founded upon such sound rationales as respect for the sovereign equality of all states and non-interference with state functions. However, its application in the international criminal justice system produces numerous problems. These include impunity for violation of peremptory international legal norms (like the prohibitions on serious international crimes) and violation of human rights. It also undermines the individual accountability and justice administration missions of the system because it shields state officials from criminal responsibility and subjects their victims to injustice. The international community has adopted various legal mechanisms which attempt to respond to these problems …

Guilty Of Homelessness: Evaluating The Criminalization Of Homelessness Through A Human Rights Framework, Cristina M. Semi

Departmental Honors Projects

Several international treaties and declarations affirm adequate housing as a fundamental human right. However, the United States, while a signatory to several of these agreements, does not recognize this right. Homelessness violates the right to housing. Moreover, homelessness often subjects individuals to additional rights violations. These additional violations often occur because governments criminalize homelessness.

Public order laws that criminalize basic life-sustaining behaviors, such as sitting, lying, and sleeping in public spaces, violate several constitutional rights when applied to unsheltered individuals experiencing homelessness. Devoid of any accommodation aside from the public streets, such individuals must necessarily perform the prohibited conduct in …

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

The Effect Of Adopting Right To Work Laws: A Paired State Approach, Johnny Xu

MPA/MPP/MPFM Capstone Projects

The issue of unionization is an enduring one both politically and economically. A major subset within union studies deal with so-called “right-to-work laws.” States with right to work laws are concentrated heavily in the South and in the Plains states and have been that way since the 1940s or 1950s. The most recent additions of right-to-work states are Indiana and Michigan both in 2012. This paper will contribute to the debate by creating a new and novel dataset to analyze what the effects of adopting right to work laws are for a state over time as well as between a …

Sustainability Policy’S Inherent Dilemmas – Exemplified Via Critical Examination Of The Las Vegas Metropolitan Sustainability Campaign, Kathryn A. Zimmerman

All Master's Theses

In response to a dual problem of critical water scarcity and rapid population growth, leaders of metropolitan Las Vegas implemented a region-wide, internationally marketed sustainability campaign. Preliminary studies found that, while sustainability policy attains its rhetorical goals, solutions initiated not only perpetuate but also purposefully expand the original dual problem to justify continuous water resource acquisitions. To examine this sustainability conundrum constructed by leadership—problem-perpetuation rather than problem-resolution—a critical examination in resource management asked two basic questions: what is being sustained and by what means? Via this inquiry, specific processes by which leaders perpetuate problems can be identified; and, so-informed, new …

Lessening The Economic Impact Of Incarceration: Privatize, Reinvest, Or Realign In Mississippi?, James Foster

Honors Theses

The purpose of this thesis is to examine how private prisons, justice reinvestment, and public safety realignment are currently being implemented in the United States to lessen the economic impact of incarceration and determine which, if any, would work best in Mississippi. Several methods were used in this study, including a comparison of operational costs between state and private prisons, regression analysis to test the effect of Drug Courts on drug-related admissions, and an investigation on capacity levels in county, state, and private prisons. The conclusions drawn from this study demonstrate the pros and cons of private prisons currently operating …

The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block

Theses and Dissertations--Educational Policy Studies and Evaluation

Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed …

In The Name Of National Interest? Assessing The Shift Of Australian Foreign Policy Regarding West Papua During 2006, Jaymin Beck

Theses : Honours

The Australian government currently maintains a strong position against an independent West Papua. Despite claims of human rights abuses by the Indonesian Government in West Papua and the huge number of West Papuan refugees fleeing to Australian shores, the Australian Government continues to tighten foreign policy and migration laws to make it increasingly difficult for West Papuans to seek asylum in Australia and hope for an independent West Papua. When Australia’s humanitarian intervention in the Timor-Leste fight for independence in 1999 is considered, reasons why the Australian government maintains an anti-separatist position towards West Papua are unclear. Australia took a …

Absentee Soldier Voting In Civil War Law And Politics, David A. Collins

Wayne State University Dissertations

During the Civil War, twenty northern states changed their laws to permit absent soldiers to vote. Before enactment of these statutes, state laws had tethered balloting to the voter's community and required in-person participation by voters. Under the new laws, eligible voters - as long as they were soldiers - could cast ballots in distant military encampments, far from their neighbors and community leaders. This dissertation examines the legal conflicts that arose from this phenomenon and the political causes underlying it.

Legally, the laws represented an abrupt change, contrary to earlier scholarship viewing them as culminating a gradual process of …

Earth, Air, Water, Oil: Regulating Fracking In The Monterey Shale With Health And Environment In Mind, Gideon J. Salzman-Gubbay

Pomona Senior Theses

“Earth, Air, Water, Oil: Regulating Fracking in the Monterey Shale with Health and Environment in Mind,” explores how hydraulic fracturing regulation in California’s oil-rich Monterey Shale will impact regional public health, including groundwater and air quality. This is achieved through a combination of case study and policy analysis on both the state and national level.

The Contribution Of Forced Medical Retirement To Symptoms Of Depression, Anxiety And Stress In Law Enforcement Officers, Kimberley Blackmon

Theses and Dissertations

This research explored whether a statistically significant difference exists between symptoms of depression, anxiety and stress in police officers who were forced into medical retirement as compared to those who retired after years of completed service. The sample population of retired police officers as well as the appropriate testing instruments for these targeted individuals is discussed. In addition, the dissertation addresses how the survey determined the type of retirement they were subjected to (voluntary or involuntary) and any depressive or other psychological symptoms since that retirement. The findings from this study show that a statistically significant difference exists in the …

Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson

Pomona Senior Theses

The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …

Legal Ethics As A Moral Idea: A Theory Of Philosophical Legal Ethics Based On The Work Of Lon Fuller, Emanuel Raul Tucsa

LLM Theses

The legal philosophy of Lon Fuller, both in his idea of internal morality and in his theory of legal interpretation, is particularly useful for the purpose of making sense of the relationship between law and morality vis-à-vis the legal profession. Legal ethicists have recently developed accounts of legal ethics that are based on jurisprudential theories. These include the exclusive positivist theory of Tim Dare, the inclusive positivist approach of Bradley Wendel, and the substantive contextual judgment view of William Simon. Additionally, David Luban has proposed and evaluated an insightful interpretation of Fuller’s legal philosophy.

In this paper, I will argue …

The Transformation Of An Empire To A Nation-State: From The Ottoman Empire To The Republic Of Turkey, Sarah R. Menzies

Scripps Senior Theses

The transformation of the Ottoman Empire to the Republic of Turkey involved reforming the government, redefining the relationship between the population and the ruling elite, and navigating ethnic and religious identities and how those identities affected the national identity. Unfortunately, these processes were accompanied by the suppression of religious and ethnic minorities, deportations, violence, and murder.

Sex Education In California: The Disconnect Between Legislation And Implementation, Elizabeth A. Silverman

Scripps Senior Theses

This thesis explores the fundamental disconnect between California’s image as a national champion of progressive youth sex education and the failure to implement and monitor the instruction of comprehensive sex education as outlined by sections 51930-51939 of the California Education Code.

المسئولية التقصيرية للمنتج دراسة مقارنة, منصور محمد سليم سلمان هسلم بن رفيع

Theses

No abstract provided.

تأثير مجلس الأمن عمل المحكمة الجنائية الدولية, عاتقة عوض عبدالعزيز الكثيري

Theses

No abstract provided.

The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton

Sociology & Criminal Justice Theses & Dissertations

Violence has plagued the westernmost region of Sudan, known as Darfur, since 2003. The conflict contains elements of political and ethnic divisiveness, desertification, and resource scarcity. The violence there continues to date. Many have declared genocide in Darfur while others maintain that the conflict is instead a crime against humanity. The labeling of the conflict is critical because this process determines the interventions available. This paper focuses on the decision-making process of the United Nations and its Security Council to determine if the labeling of the conflict impacted the discourse and intervention decisions by those bodies. Discourse analysis results indicate …

Mass School Shootings: Predicting The Usage Of Firearms In Acts Of School Violence, Melanie A. Hart

College of Graduate Studies: Theses & Dissertations

Due to increased media attention and associated fear, school shootings have become a major concern for the public. Attempts to predict and prevent shootings have been developed by a variety of government agencies such as the Center for Disease Control and Prevention and the Federal Bureau of Investigation. A psychological profile, however, has yet to be established. This study uses demographic and behavioral characteristics of perpetrators and school characteristics to predict the likelihood of a perpetrator’s usage of firearms. A total of 345 perpetrators of mass school violence incidents are examined, including 266 who used firearms. White perpetrators and those …

Dating Violence On Small Rural College Campuses: Are Administrator And Student Perceptions Similar?, Jean Allen Oldham

Theses and Dissertations--Kinesiology and Health Promotion

In recent years dating violence has become more and more prevalent on college campuses. Reports of the range of dating violence vary widely, with studies reporting from 20% to 85% of college women experiencing dating violence. However, almost all research has been conducted among urban and/or large colleges and universities, with virtually no attention to what is happening on small and/or rural college and university campuses.

When a possible 20% of college women have experienced dating violence on college campuses, there becomes a crucial need for administration at a college to have an accurate assessment of the college’s liability, and …

An Empirical Study Of Appointed Counsel Effectiveness In Jury Trials, James Patrick Hall

Walden Dissertations and Doctoral Studies

Anecdotal evidence supports the belief among indigent individuals who are assigned defense counsel that they would be better represented by privately retained counsel. This perspective jeopardizes attorney effectiveness by reducing communication and trust between the attorney and client. Research on the effectiveness of counsel is sparse. The purpose of this quantitative study was to bridge this gap in knowledge by comparing the effectiveness of privately retained and publicly appointed counsel between 2008 and 2013, both before and after the imposition of state-wide compensation limitations on publicly appointed defense counsel. The theoretical framework was Stuntz's theory, which stresses that one part …

The Effects That Liquid And Solid Cattle Manure Have On The Water Quality Of Drainage Ditches In Putnam County, Ohio, Janelle Horstman

Honors Projects

Lake Erie has experienced harmful algal blooms with increased frequency since the mid-1990s due to excess nutrients from Rivers, such as the Maumee River, and largely agricultural watersheds. Nonpoint source pollution from agriculture contributes to eutrophication, algal blooms, and the degradation of water quality. This creates stress on aquatic fauna, reduced aesthetic quality, odor, and limits of the water for usage of drinking, recreation, and industry. This research paper asks what the contributions of having access to manure application records, soil records, and information about antibiotics have on what is known about manure management and antibiotic resistance, which has been …

Dynamics Of The Courtroom Workgroup, Paige Chretien

Honors Projects

The roles and responsibilities of the various members included in the courtroom workgroup were evaluated in determining the prevalence of ordinary injustices. The dynamics among such members were found to be the basis under which lax adversarialism, and ultimately injustice within the criminal justice system, dominates. Prosecutorial discretion and inadequate public defense systems were observed to compromise justice on several occasions.

Investigating Mentors' Perceptions Of The Effectiveness Of Using Resiliency-Building Strategies Within An At-Risk Adolescent Intervention Program, Nicholas Dzoba

UNF Graduate Theses and Dissertations

This research study seeks to enhance previous mentoring literature (Converse & Lignugaris, 2008; Cavell, Elledge, Malcolm, & Faith, 2009; Devenport & Lane, 2009) by further identifying the strategies and skills which help mentors form quality relationships and ultimately impact the resilience of at-risk adolescent mentees. Specifically, this study investigates volunteer mentors’ perceptions of incorporating the positive coping strategies of active listening, emotional regulation, conflict resolution, and future orientation within the initial stages of the mentoring process. Participants in this study are divided into two groups: the Coping Strategies (CS) Group and the Untrained Group (UG). The CS Group mentors have …

بطلان حكم التحكيم وآثاره في القانون الإماراتي, سليمان حسن عبد الرحيم محمود البلوشي

Theses

No abstract provided.

الأساس القانوني لتسليم المجرمين: المبدأ والاستثناءات مع التطبيق على القانون الإماراتي, شيخه جنيت محمد الراشدي

Theses

No abstract provided.

การคัดค้านผู้พิพากษาในคดีอาญา, ณัฏฐ์ ภัคคภัทรกุล

Chulalongkorn University Theses and Dissertations (Chula ETD)

วิทยานิพนธ์นี้ มุ่งเน้นศึกษาถึงมาตรฐานของกฎหมายที่ใช้คัดกรองผู้พิพากษาซึ่งมีอาจมีอคติหรือความเอนเอียงออกจากการทำหน้าที่ว่ามีประวัติความเป็นมาและหลักการใดมาสนับสนุนการคัดกรองผู้พิพากษา รวมทั้งเปรียบเทียบระหว่างมาตรฐานของไทยกับเยอรมัน ญี่ปุ่น อังกฤษ และสหรัฐอเมริกา โดยใช้วิธีวิจัยแบบเอกสาร มีการรวบรวมข้อมูลจากตำรา บทความ และคำพิพากษาต่างๆ เพื่อนำมาสรุปให้ได้ผลวิจัยที่แม่นยำ ผลการวิจัย พบว่ามาตรฐานคัดกรองโดยการตั้งรังเกียจผู้พิพากษาของไทยยังคงมีปัญหาเมื่อเทียบกับต่างประเทศ เนื่องจากไทยยังมีระดับการคุ้มครองคู่ความให้ได้รับการพิจารณาอย่างปราศจากอคติของผู้พิพากษาได้ไม่มากเท่ากับต่างประเทศ ทั้งยังมีความเสี่ยงที่จะถูกลงโทษฐานละเมิดอำนาจศาลจากผู้พิพากษาที่ถูกยื่นคัดค้าน จนทำให้มาตรฐานคัดกรองผู้พิพากษาของไทยยังไม่สามารถรักษาไว้ซึ่งความน่าเชื่อถือในความเป็นกลางขององค์กรตุลาการเมื่อพิจารณาจากมุมมองของสาธารณชนได้ดีนัก ผู้วิจัยจึงเสนอแนะให้มีการปรับปรุงกฎหมายโดยพัฒนาให้เหตุร้ายแรงตามกฎหมายให้กลายเป็นการตัดผู้พิพากษาออกจากการทำหน้าที่โดยอัตโนมัติ เพื่อยกระดับความคุ้มครองสิทธิในการได้รับการพิจารณาคดีอย่างเป็นกลางและขจัดความเอนเอียงในการตัดสินคดี ทั้งยังแสดงให้เห็นความเหมาะสมและประโยชน์ของการคัดค้านผู้พิพากษาแบบเด็ดขาดอย่างที่สหรัฐอเมริกาในบางมลรัฐได้นำมาใช้เป็นมาตรฐานคัดกรองผู้พิพากษาอยู่อีกด้วย

Response To Mental Health Calls: The Frontline Perspectives Of Police Officers, Communicators And Administrators, Sarah C. Dougall

Theses and Dissertations (Comprehensive)

Abstract

OBJECTIVES: The purpose of this study was to examine the lived experiences of frontline police personnel of a mid-sized police service in Southern Ontario. As the prevalence of mental illness increases, so do the calls for assistance to police services. Police officers often find themselves on the frontline and are often the first responders to mental health calls when an individual is in crisis (Wells & Schafer, 2006). With the majority of current research being quantitative in nature, this qualitative study allowed the voice of frontline police personnel to be heard in order to provide a complete picture of …

A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.

Theses and Dissertations (Comprehensive)

This thesis contributes to the growing body of literature on comparative youth justice and policy. By analyzing dilemmas faced by youth in justice systems from the perspective of Canada and Russia, the study argues that professional outlooks have a considerable significance for understanding the legal system and its function, and play an important role in shaping judicial administration concerning juveniles. An investigation into professional perspectives on youth justice is used to formulate an understanding of the issues for young people within the legal systems of the respective regions, the sentencing procedures, and the social and procedural contentions facing youth on …

Juror Perceptions Of Eyewitness Identification Evidence, Timothy G. Wykes

Theses and Dissertations (Comprehensive)

Jurors rely on eyewitness testimony in deciding a defendant’s guilt or innocence. Archival analyses of hundreds of post-conviction DNA exonerations have identified eyewitness misidentification as the highest individual factor contributing to wrongful convictions (Innocence Project, 2014). Internationally, criminal justice systems have employed procedural safeguards (PSs) to educate juries on factors affecting eyewitness identification accuracy. Two such safeguards include the introduction of eyewitness expert testimony during trial proceedings and the reading of cautionary instructions by a presiding judge. In an independent factorial design, this research sought to examine the effects of a model judicial caution drafted by the Ontario Judicial Council …