Law Commons^™

A Progressive Mind : Louis D. Brandeis And The Origins Of Free Speech., Elizabeth Diane Todd

Electronic Theses and Dissertations

This study argues that Associate Supreme Court Justice Louis D. Brandeis played a key role in shaping the jurisprudence of free political speech in the United States. Brandeis's judicial opinions on three freedom of speech cases in the post-World War I era provide the evidence for this argument. This thesis demonstrates how the Espionage and Sedition Acts of World War I allowed Brandeis the opportunity to reflect and rule on the Founding Fathers' meaning of free speech in a political democracy. Chapter I offers a detailed historiography of the Progressive Era and World War I. Chapter II provides a biography …

An Analysis Of Firearms Training Performance Among Active Law Enforcement Officers, John Thomasson

Graduate Theses and Dissertations

Firearms proficiency is an implicit expectation, held by the public of police officers, due to presumption that the required firearm training is an adequate preparation for a deadly force encounter. However, anecdotal evidence and available data on police shootings suggest that conventional, unrealistic training methods are wholly inadequate. To present stress into firearms training, some departments have opted for exercises such as physical exertion and shoot-house training as a substitute for realistic simulation of force-on-force confrontations.

To determine whether such exercises are comparable, an observation of performance and heart rate levels was conducted on a group of eight police officers, …

Fair Trade An Analysis Of The Effects On Poverty Alleviation And Empowerment For Women In Developing Countries, Maribel Concepcion Lora

Graduate Program in International Studies Theses & Dissertations

This thesis approaches the economic development model of Fair Trade with a critical analysis on determining its success in alleviating poverty and empowering women of the developing world. Because international labor regulations are not consistently enforced in all producer countries, the Fair Trade model has established labor standards that ensure above all, a fair wage and safe working conditions for producers participating in the international market. As a recent strategy of economic development, Fair Trade has made great strides to empower poor producers in impoverished countries; however there has been limited analysis focused on its impact for improving the quality …

Driving Forces: Factors Affecting Police Officer Injuries In Motor Vehicle Incidents In The United States, Carol Servino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Traffic-related incidents were the leading cause of fatal injuries to officers in 14 of 15 years between 1997 and 2012. Vehicle crashes occur at the individual officer level, but chiefs are responsible for agency performance, creating and implementing police policy, and developing organizational culture. This quantitative survey research study draws from organizational culture theory and asks chiefs in state, county, and city police organizations what they believe are salient factors in crashes causing injuries and death to police officers in the United States. Independent variables include safety belt laws, written driving policies (including communication technology commonly used in police vehicles), …

To Conform Or Not To Conform: An Examination Of The Effects Of Mock Jury Deliberation On Individual Jurors, Ashley S. Bowser

Electronic Theses and Dissertations

The jury method is a unique social setting in the Criminal Justice system that provides opportunity for social influence to occur. Questions about the formation of jurors’ individual and collective decisions have stimulated a great deal of interest and research. This study is a review of the juror decision-making process and the various sources of influence that can affect it. Mock jurors were asked to review a mock criminal trial as well as the testimony of 2 witnesses. Upon reviewing the case, a predeliberation verdict (guilty or not guilty) and the degree of certainty of that decision was made. Once …

The Fallacy Of Free Market Democracy: Marginalization Through Chilean Health Care And Education, Robin L. Young

Senior Capstone Theses

This thesis examines how neoliberal policies implemented during Augusto Pinochet’s sixteen-year military regime in Chile have affected post-dictatorship democratization. It argues that democracy has been incomplete in Chile since the fall of Pinochet’s regime, due mainly to the three neoliberal policies of deregulation, decentralization, and decreased government funding. Through the detailed analysis of Chile’s health care and education systems, this thesis demonstrates how these neoliberal policies drastically changed social welfare practices in Chile during the 1980s, leading to extreme social inequality that has only continued to increase in the last thirty years. This social inequality, as well as the marginalization …

Compromising Face-To-Face Confrontation: Does The Protected Child Witness Threaten Impartial Juror Decision-Making?, Rachel K. Darby

Scripps Senior Theses

The use of protective testimonial aids by the child witness has been advocated for as research indicates that it decreases witness stress and suggestibility; however, the use of such aids has also been attacked as incompatible with the defendant’s confrontational right and the fact-finding function of the jury. The present study examines the effects of testimony modality, as well as empathy-inducing closing arguments, on juror perceptions of the child witness, perceptions of the defendant, and ultimate judgments of guilt. In this between-subjects factorial study, workers on Amazon Mechanical Turk were invited to participate in an online simulated sexual assault case …

Early Warning For The Responsibility To Protect, Henry Dambanemuya '13

Honor Scholar Theses

This is a working paper on early warning system for the responsibility to protect. The paper discusses the evolution of the responsibility to protect (RtoP) norm, its adoption by the United Nations General Assembly and Security Council, and current steps towards implementing the norm through effective early warning and response. The paper seeks to apply principles from complexity science and networks to early warning for the responsibility to protect through an ecosystem model in order to address two key challenges to early warning identified by Secretary General Ban Ki-Moon in his 2010 report on early warning assessment and the responsibility …

A New International Legal And Institutional Framework To Manage Fossil Aquifers And Groundwater In Conjunctive Use With Surface Water Along The Us-Mexico Border: A Water Banking Perspective, María. Milanés Murcia,

University of the Pacific, McGeorge School of Law Dissertations

TABLE OF CONTENTS

CHAPTER ONE: INTRODUCTION

CHAPTER TWO: CHALLENGES AND ISSUES IN THE MANAGEMENT OF GROUNDWATER ALONG THE US-MEXICO BORDER

CHAPTER THREE: THE INTERNATIONAL LEGAL REGIME OF TRANSBOUNDARY GROUNDWATER AND AQUIFERS

CHAPTER FOUR: HISTORY AND CURRENT INTERNATIONAL LEGAL FRAMEWORK OF THE UNITED STATES-MEXICO BORDER

CHAPTER FIVE: DOMESTIC LEGAL AND INSTITUTIONAL FRAMEWORK IN THEUS-MEXICO BORDER

CHAPTER SIX: WATER TRANSFER MECHANISMS AND REGULATIONS: THE ROLE OF WATER BANKING

CHAPTER SEVEN: A NEW INTERNATIONAL LEGAL AND INSTITUTIONAL FRAMEWORK TO ALLOCATE GROUNDWATER IN THE US-MEXICO BORDER REGION

CHAPTER EIGHT: CONJUNCTIVE USE OF SURFACE WATER AND GROUNDWATER IN THE LOWER RIO GRANDE BASIN

CHAPTER NINE: …

Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien

Political Science Theses and Capstones

Across the United States, each state practices one of several methods of selecting judges to their courts. Many of these processes have not changed for decades and some argue this results in minorities, both gender and racial, receiving fewer spots on the bench. I focus explicitly on the gender aspect of judicial selection: Why are there fewer women judges in some states than in others? Previous literature on this topic is mixed. I analyzed data gathered from the American Judicature Society and other sources. Among the five methods (appointment, combination, merit selection, non-partisan election, partisan election), because of the many …

An Exploratory Analysis Of Affirmative Action In Admission Processes, Whitney Austin

Dissertations, Theses and Capstone Projects (Full IR Collection)

This paper looks at the current case of Fisher v. University of Texas at Austin in conjunction with previous affirmative action cases. I question what the Court’s decision for the Fisher case will be and what this means for future affirmative action policies in higher education. I pose the question: Is affirmative action still needed today? I use court documents from the current Fisher case and literature on previous cases to help answer this question.

I discussed the Court Justices upbringing and how these will affect their decisions in this case. I examined previous affirmative action cases that some of …

Post Citizen United: The Lack Of Political Accountability And Rise Of Voter Suppression In A Time Of Newly Defined Corruption, Hannah S. Fullerton

Scripps Senior Theses

In 2010, our definition of democracy in America was drastically changed by the Supreme Court case Citizens United v. FEC. The Court ruled that under the First Amendment, corporations have the right to free speech. The decision removed the final ban on corporations, which prohibited corporate money used for direct advocacy. The consequences of this have been tremendous. The decision has allowed for the creation and rise of Super PACs and political active nonprofits. As a result, Super PACs and nonprofits now act as “shadow campaigns”. Outside groups have the ability to engage in voter suppression tactics without politically hurting …

The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis

Pitzer Senior Theses

This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …

There Are No "Innocent Victims": The Influence Of Just World Beliefs And Prior Victimization On Rape Myth Acceptance, Rebecca Lynne Vonderhaar

Sociology & Criminal Justice Theses & Dissertations

Approximately 209,000 women report being raped every year. Of those 209,000 rapes, only 19,491 arrests were made (U.S. Department of Justice 2011). Furthermore, reports estimate that one out of every three women will be raped at some point in her life (Amir, 1971). The prominence of rape in the United States, as well as the disparity between documented rapes to the police and victim reports of rape, is problematic for researchers in fully understanding the breadth of the problem. Considering that rape occurs at such an overwhelmingly high rate and frequently goes unreported, it is important to understand the attitudes …

Piracy, Slavery, And The Limits Of International Law: The Gap Between The Rhetoric And Reality Of Jus Cogens, Stephanie Elizabeth Smith

Graduate Program in International Studies Theses & Dissertations

A gap currently exists between the sources of international law in the canon of jus cogens or peremptory norms. This gap is observed in the comparison of the rhetoric perpetuated by the community of international lawyers and the actions of states. It is especially apparent in the two oldest tenets of jus cogens, the prohibitions against piracy and slavery. The disconnect between rhetoric and reality exposes the limitations and the political nature of international law.

The gap is demonstrated by using peremptory norms as a crucial case in the international legal system because of its perceived status as the …

An Exploration Of Drug Trafficking Among Female Offenders In The Caribbean, Dianne Berger-Hill

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study examining drug trafficking among female offenders under the custodial care of the Trinidad and Tobago Prison Service. The female offenders were interviewed using a semi-structured interview guide that inquired into how they were recruited, why they decided to traffic drugs, did they join in with friends, were family members or relatives involved in the activity, or did they initiate it on their own, and if their childhood experiences influenced them into getting involved with drug trafficking. Themes were identified during the course of the data analysis. More than half of the female offenders were …

Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen

Honors Theses and Capstones

This study examines whether the 1998 arrest, by order of a Spanish judge, of former Chilean President Augusto Pinochet in London for crimes of genocide and terrorism impacted the attitude of Chilean and Spanish courts toward prosecuting their own country’s human rights violations. It argues that after 1998 Chile’s judiciary increased prosecutions against former regime officials, while the Spanish judiciary upheld Spain’s 1977 Amnesty Law and declined to participate in the national discourse on the country’s past human rights violations. This research includes a comparative case study of Chile and Spain, their recent histories, their judiciaries’ attitudes towards prosecution of …

Mapping The Freedom To Learn: Making The Case For Student Academic Freedom In Canada, Angela Sylvia Regnier

LLM Theses

Academic freedom has been defined as having two components: the freedom to teach and the freedom to learn. However, whether there is truly a freedom to learn and how it intersects with general liberties is unresolved. Incorporating a critical pedagogical approach, this thesis explores whether Canadian post-secondary students have any such role-related rights. In aiming to map the conditions that might safeguard such a freedom to learn, certain civil liberties are examined - namely associational and expressive freedoms. A critique of contemporary jurisprudence and relevant legislation is situated within an historical and comparative context of academic freedom and students in …

Settlement, Compromise, And Forgiveness In Canadian Income Tax Law, Colin Jackson

LLM Theses

This thesis looks at legal mechanisms allowing the non-collection of tax debts in the tax systems of Canada and the United States. The goal is to shed light on the choices made in Canada's tax collection system by juxtaposing it with the American system. The comparison reveals differences in the ways in which the two jurisdictions allow taxpayers to participate in the tax system and differences in how the two jurisdictions choose to make decisions about the forgiveness of tax debts. Although Canada has generally rejected the idea of compromise within the tax system, there is a tax policy case …

The Attitudes Of Police Officers Towards Mental Health Services, Rebecca Ann Irwin, Jill Adrianne Kays

Theses Digitization Project

The purpose of this study was to investigate the attitudes of police officers toward mental health services and the perceptions of police departments toward the promotion of dependable support systems and mandatory counseling in the work environment. Understanding the culture and norms within a law enforcement agency is critical to the well-being of officers and the communities they serve.

A Dream In Limbo: The Challenge Among Undocumented Latino College Students, Liset Salcedo, Aleena Maria Vargas

Theses Digitization Project

The purpose of this project was to examine the proposed Dream Act legislation and gain awareness into the challenges among undocumented Latino college students. Undocumented college students are foreign nationals who illegally arrived in the United States and continue to reside in the United States without legal documentation. The undocumented status of Latino students continues to be an ongoing political debate in America.

The Internet, Anonymous, And Our Public Identities Recreating Democracy, Leslie Anne Hutchinson

Theses Digitization Project

This study discusses the pursuit of understanding how the discursive construction of the internet affects individuals, identities, and democracy. it also discusses the internet within theoretical positions on its history, the public sphere, and revolutionary politics. Western governments have created legislation regulating the internet for democratic purposes, and this study examines how different and often contrasting views of democracy have shaped the way those of us connected to the internet can speak about it. The Anonymous identity, articulates one such contrast. Anonymous constructs an alternative, Internet identity-one stemming from the identity of the hacker. Policies targeted at stopping hackers and …

Law, The American Corporation, And Society, Fenner Leland Stewart Jr.

PhD Dissertations

This book explores how American legal scholarship treats the corporation by providing a history of American corporate legal theory, a history of corporate (social) responsibility from the perspective of the Berle–Dodd debate, an analysis of how legal scholars understand corporate lawmaking in America, and an initial inquiry into how the prevailing opinions about the corporation are realized in the context of a critical assessment of whether or not this resulting corporate governance holds the potential to compliment the efforts of new governance regulators. This book consists of four essays about American corporate governance. Three essays trace how three particular presumptions …

Securities Regulation Of Ontario Venture Issuers: Rules Or Principles?, John Pearson Allen

PhD Dissertations

Should the securities regulation of Ontario venture issuers be based primarily on rules or principles? Advocates for rules argue that detailed rules, with predictable meaning and scope, allow participants to focus on matters other than compliance. Advocates for principles argue that when an activity is complex, such as securities trading, detailed rules can become a confusing web, obscuring core values and discouraging creative solutions. The rules and principles literature is reviewed, along with the topics of risk-based, responsive, outcomes oriented and proportionate regulation. Governance theory is addressed and various compliance theories are discussed. From this, eight factors are gleaned to …

"That Indispensable Figment Of The Legal Mind": The Contract Of Employment At Common Law In Ontario, 1890-1979, Claire Isabel Mummé

PhD Dissertations

“The relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'.” Otto Kahn-Freund , Labour and the Law (London: Stevens, 1977). This study examines the legal evolution of the common law of employment contracts in Ontario between the 1890s and …

Dreading He Knew Not What: Masculinities, Structural Spaces, Law And The Gothic In The Castle Of Otranto, Pride And Prejudice, And Wuthering Heights, Samantha E. Morse

Pitzer Senior Theses

This essay investigates the integral linkages between Gothic spaces and Gothic masculinities in three texts: Horace Walpole’s The Castle of Otranto (1764), Jane Austen’s Pride and Prejudice (1813), and Emily Brontë’s Wuthering Heights (1847). At the core of this examination is architecture, or more specifically, the physical constructions and built environments that comprise a man’s property. I explore how a man uses his property to construct, legitimize, and perform his identity. In the Female Gothic, the home is a place of anxiety for women, where patriarchal dominance and violence reign to constrain female agency. I argue that the home is …

The Persecution Of Homosexuals During The Holocaust, Jennifer Rokakis

Senior Honors Theses and Projects

No abstract provided.

Format E Zgjidhjes Së Martesës Sipas Ligjit Në Kosovë, Izet Hyseni

Theses and Dissertations

Në këtë punime diplome do të paraqiten raportet mbi gjendjen civile, të kurorëzimeve dhe shkurorëzimeve për periudhën kohore : 01.01.2013 – 31.12.2013, në komunat: Prishtinë , Podujevë , Mitrovicë. Përmes metodës statistikore kemi paraqitur raportin një vjeçar për komunat e lartcekura.

Metoden krahasuese e kemi përdor duke bërë krahasime nga të dhënat që i kami nxjerr nga hulumtimi i bërë në komunat e lartëcekura, duke i paraqitur në mënyrë statsikore. Përmes metodes historike kemi paraqitur në mënyrë tabelore shkurorëzimet sipas viteve dhe kohëzgjatjes së martesës . Për mes kësaj metode kemi paraqitur , kurorzimet sipas moshës mesatare të martuarve , …

Process Evaluation Of The Basic Training Program At A State Corrections Academy In The Southeast, Wendy Dawn Williams

Theses and Dissertations

This applied dissertation was designed to provide law enforcement and corrections administrators with current information about the components of basic training that can affect the retention of newly employed trainees during basic training. Attracting qualified applicants for law-enforcement jobs is a challenging task, and the preemployment screening and hiring processes are very expensive for agencies already plagued with reduced budgets. By the time a trainee actually makes it to basic training, a great deal of time and money has already been invested by the agency, and the trainee becomes an investment. When more than 20% of trainees exit a basic …

Power Relationships And Authentic Organisational Learning : Daring To Break The Silence On Meaningful Dialogue In Policing Organisations, Lindsay B. Garratt

Theses: Doctorates and Masters

The 21st century presents great opportunities and threats for business: national and global markets are demanding high performance, innovation, creativity, and flexibility. Public sector organisations are continually asked to do more with less, with equal if not greater efficiency and creativity demands as the private sector. Organisational learning is a concept touted as an important and necessary strategy for organisations to keep pace with the rapid changing global environment that now plays host to opportunities as well as great economic and social volatility. However the reality for many is that they become proficient at the kind of organisational learning that …