Law Commons^™

Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala

Graduate Doctoral Dissertations

The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered …

Drinking Motives Of College Students At A Hbcu In Oklahoma, Yasmeen Shumate

McCabe Thesis Collection

The use of alcohol can be found throughout colleges across the nation (O'Malley and Johnston, 2002). Whether the college is a 2 year institution or a 4 year institution, private of public, there have been multiple studies conducted over alcohol use in various settings. College students consistently report higher levels of alcohol use than their non-college counterparts (O'Malley and Johnston, 2002). In addition, specific demographic characteristics, such as gender, ethnicity, and age, have been studied in relation to college drinking. It's been proven that college men are found to drink more than college females (Humara and Sherman, 2004). Non- White …

The Role Of Law: How Law Shapes And Alters The Foundations Of Societies, Derek Robert Funk

Undergraduate Honors Capstone Projects

When one considers the abundant number of nations, laws, and forms of government that have emerged throughout the history of civilization, it becomes apparent that although mankind shares common traits and attributes, societies often implement different principles as they strive to protect their interests and achieve their goals. As the philosopher Jean-Jacques Rousseau remarked, “besides the principles that are common to all, every nation has in itself something that gives them a particular application, and makes its legislation peculiarly its own.”1 Because every society faces a unique set of challenges, every society must solve its particular dilemmas in a unique …

A Comparative Perspective On The Patent Eligibility Of Software Inventions, Hung-San Kuo

Maurer Theses and Dissertations

Computer software is considered similar to an algorithm, a mental activity, or an abstract idea, so whether or not it meets patent eligibility is full of controversy. Although computer software products are sold all over the world, each jurisdiction deals with them differently based on individual regulations. If there were an objective and proper way to deal with this subject matter, it would reduce the number of debates and narrow the gap of patent protection among different jurisdictions.

The meaning of "invention" in patent law in each jurisdiction is the most important factor affecting the determination of patent eligibility, which …

Mash-Up Culture: Reconciling Art, Commerce And The Law, Trevor Kiviat

Renée Crown University Honors Thesis Projects - All

The proliferation of “sampling” in recorded music and live performances has amplified the level of appropriation and cultural borrowing that exists in the music industry. Artists, music companies and stakeholders on every level from independent to mainstream have been affected by this trend. In addition to catalyzing innovation and inspiring new forms of expression, these creative works, broadly referred to as “mash-ups”, have also been the subject of heated legal debates related to claims of copyright infringement in the last 20 years. This study discusses the essential issues surrounding the musical practice of “sampling” audio recordings, including the issues of …

Ethics In A Shrinking World Exploring The Ethical Implications Of The Proliferation Of Technology On World Hunger, Kevin M. Dupree

HIM 1990-2015

Even if they do not realize it, readers are perpetually in a condition that is strikingly similar to that of the Good Samaritan. Right now they have access to a vast network of communication that both enhances their senses and increases their sphere of influence. They can, for example, sit down at a computer and click on a certain combination of "sites" and the result will be that, in two weeks (or sooner), a DVD will arrive on their doorstep. Or, they can choose another combination, and the result will be that, in about two weeks (or less), a child …

Arima Models For Bank Failures: Prediction And Comparison, Fangjin Cui

UNLV Theses, Dissertations, Professional Papers, and Capstones

The number of bank failures has increased dramatically over the last twenty-two years. A common notion in economics is that some banks can become "too big to fail." Is this still a true statement? What is the relationship, if any, between bank sizes and bank failures? In this thesis, the proposed modeling techniques are applied to real bank failure data from the FDIC. In particular, quarterly data from 1989:Q1 to 2010:Q4 are used in the data analysis, which includes three major parts: 1) pairwise bank failure rate comparisons using the conditional test (Przyborowski and Wilenski, 1940); 2) development of the …

(Re)Constituting The Immigrant Body Through Policy: A Rhetorical Analysis Of The Narratives Within The Discourses Of The Development, Relief, And Education For Alien Minors Act (Dream Act), Emily Rae Ironside

Graduate Theses and Dissertations

Using the testimonies surrounding the Development, Relief, and Education for Alien Minors Act (DREAM Act) as a primary case study, this project provides a rhetorical investigation of the interplay between narratives, nation building, national identity, policymaking, and the American immigrant. This project first identifies the grand narrative of exclusionary nationalism as the primary narrative constituting the American identity. Then, this project examines the rhetoric of policymakers to demonstrate how an Anglo-Saxonized, elitist notion of American identity is rhetorically constituted by assimilationist, racist, xenophobic, and classist discourses. Moreover, it argues policymakers maintain the narrative dominance of exclusionary nationalism through restrictive immigration …

Jackpot! A Legal History Of Indian Gaming In California, Aaron Peardon

UNLV Theses, Dissertations, Professional Papers, and Capstones

Indian Gaming has transformed the economic, political, and sociological landscape of California. The growth of Indian casinos has had a profound impact on both Indian and non-Indian communities alike. California tribes took the lead in legalizing Indian Gaming throughout the nation. The efforts of California tribes in the legislative and political process have enabled many tribal groups to rise out of poverty and to gain prosperity that would otherwise be impossible to achieve. They have also brought increased revenue to local communities and have provided thousands of jobs to all Californians.

This thesis discusses the historical relationships between Native American …

Social Justice In Social Security, Erin N. Cottle

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

By the year 2030 there will be twice as many retirees in the United States as today but only 18 percent more workers. This aging of the population will place considerable financial strain on the United States social security system; relatively few workers will be taxes to pay the benefits of relatively many retirees. Because of this change in demographics, the Social Security Administration will not be able to pay scheduled social security benefits as outlined by current law. Therefore, it is imperative that the government act soon to address the looming fiscal imbalance of the social security program.

The …

An Examination Of The Application Of The Chevron Doctrine In U.S. District Courts, Rebekah Ruth Prince

Graduate Theses and Dissertations

This paper is an examination of the case Chevron v. Natural Resources Defense Council (1984). Using cases from the U.S. Ninth District Circuit Courts, from the years 2008 and 2009,1 examine how this case is being used today. Both behavioral models and models made explicitly to study the use of Chevron were used in order to determine not only how a judge cites this case but also whether their political orientation plays a role.

Is Justice Available To All? Indigent Defense In Michigan, Barbara K. Lanning

Honors Theses

Does Michigan’s public defense system operate in accordance with the decisions made by the Supreme Court in cases like Gideon v. Wainwright, Powell v. Alabama, and Argersinger v. Hamlin? If not, how can we reform the system? The right to counsel for those accused of a crime in the United States is a constitutional right. After the decision issued in Gideon v. Wainwright (1963) the federal government mandated that all states were responsible for providing representation for indigent defendants. The states provide these services either through public defender programs, appointment of court cases to private attorneys, or through contracts with …

The Supreme Court: A Decade Of Opinion, Matthew A. Bahleda

Honors Theses

Conventional wisdom would have us believe that the Bush v. Gore (2000) decision marked a large change in public approval of the Supreme Court. To analyze this claim, a series of landmark cases for the years 2000-2010 will be reduced to a data set that will allow for the observation of specific variables and the roles each variable may play in determining the change in public opinion. From there, conclusions are made that substantively explicate the relations between the indicated relevant variables and the change in opinion. Ultimately, the Bush v. Gore decision is found to have not had the …

Balancing The Scales Of Justice: Legal, Ethical Dilemmas Within Wrongful Convictions Involving Client Confidentiality, Robert Steele '11

Honor Scholar Theses

No abstract provided.

Organizational Culture In Wisconsin Large Law Firms, Susan Balzer Spoerk

Professional Projects

Culture can be defined as the collective programming of the mind which distinguishes one group or category of people from another. Organizational culture is an idea in the field of organizational studies and management which describes the psychology, attitudes, experiences, beliefs and values (personal and cultural values) of an organization. There are many studies on Organizational Culture applied to corporations. There are very few studies of Organizational Culture applied to law firms. This is a study of Organizational Culture in Wisconsin Large Law Firms. This study does not attempt to define specific cultural knowledge of large Wisconsin law firms but …

Why Do Some Nations Have More Renewable Energy Policies?, Melissa Dahl

Political Science Theses and Capstones

Some nations have considerably more renewable energy policies than others and this research is attempting to discover why. Renewable energy use is quickly growing in our world and has become a major topic in today’s politics. Existing literature suggests various theories as to why some nations have more renewable energy policies than others. I test these theories with data from two major data sources; REN21, the Renewable Energy Policy Network for the 21st Century, and the International Energy Agency. I anticipate that nations with a larger number of effective political parties, higher GDPs, and larger population would have more renewable …

Undoing Plessy: Charles Hamilton Houston, Race, Labor, And The Law, Gordon Andrews

Dissertations

Undoing Plessy: Charles Hamilton Houston, Race, Labor, and the Law, 1895--1950, explores the manner in which African Americans countered racialized impediments during the first half of the twentieth century by attacking their legal underpinnings. Specifically, this work explores the professional life of Charles Hamilton Houston, and the degree to which it informs our understanding of change in the pre-Brown era. There were a wide range of forces at work, from individuals, organizations, and institutions, to government in its various forms (local, state, and federal), complicating any strategy to reformulate the parameters of equality. Using both labor and education law as …

The Analyses Of State And Federal Medical Marijuana Laws And How They Apply To Employment, Lizaveta Sergeev

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study is to analyze and discuss the current discrepancies in the legal system as it applies to medical marijuana in the employment sector. The laws regarding the legalization of medical marijuana are relatively new and have many constraints when applied to employment. On the federal level, medical marijuana remains illegal. Many states have passed some form of legislation legalizing medical marijuana. Unfortunately, only two states have laws that protect users from being discriminated in employment. This leaves employers and employees uncertain about what actions to take when dealing with medical marijuana in the employment sector.

Predictors Of Pre-Dispositional Juvenile Detention: Race Gender And Intersectionality, Jennifer Lee Gebler

Sociology & Criminal Justice Theses & Dissertations

This research examines disproportionate minority contact (DMC) in a court service unit (CSU) in Virginia which has been implementing the Juvenile Detention Alternatives Initiative (JDAI) program since 2005. Using three years of intake data, the study also explores the impact of race and gender on the likelihood of receiving pre-dispositional secure detention. Finally, using intersectionality theory, the study analyzes the joint impact of being non-white and female on the pre-dispositional detention outcome. In this CSU, non-whites were found to be overrepresented in secure detention indicating the presence of DMC. In the multivariate model, race was not found to be a …

The Gaming Industry Developing Concept In Taiwan-From The U.S. Experience, Jean Ling Lee

UNLV Theses, Dissertations, Professional Papers, and Capstones

With the recent success experience of gaming-related investments made in Macau and Singapore, it also can be a good inspiration of developing the gaming industry in Taiwan. As the passing of the new legislation from the Taiwanese government, Taiwan could be the next potential country to join the Asian casino gaming market. The purpose of this study is to determine the appropriate direction of developing the casino gaming industry in Taiwan, according to the successful experience from U.S. The findings indicated that the six factors of developing gaming business in Taiwan are geography environment, accessibility, human resource, tourism resource, tourist …

Competition Law And Policy In Developing Countries: The Case Of The Egyptian Steel Monopoly, Hany Abdel Massih Ghaly

Theses and Dissertations

The structure of the economy of developing countries and the political forces at play are different from their counterparts in developed countries. Therefore and theoretically, the adoption of antitrust policies in developing countries might not rely on the model of developed countries. Poverty and market size play a fundamental role in identifying the right formulation of competition law and policy. Small economies face different issues than large economies, such as productive efficiency, that may lead small economies to a higher level of industry concentration and allow the achievement of some market power. This paper argues that although monopoly is regarded …

Application Of Relational Contracting Methods To Federal Construction Projects, Travis R. Johnson

Theses and Dissertations

Relational contracting is a method designed to improve relationships between contracted parties. The federal construction sector was a leader in the development and implementation of an early form of relational contracting known as partnering. Since then, alliancing has emerged as the new evolution of relational contracts. While it provides many potential benefits to contracting parties, alliancing has not yet been utilized in federal construction procurement, which is subject to stringent regulations. A commercially available standard form alliancing contract was selected for analysis against the Federal Acquisition Regulation. Key practices that characterize the alliancing method were identified. Utilizing a panel of …

Using Earned Value Data To Detect Potential Problems In Acquisition Contracts, C. Grant Keaton

Theses and Dissertations

Government contractors report earned value (EV) information to government agencies in monthly Contract Performance Reports (CPR). Though major differences may exist in the data between subsequent CPRs, we know of no government effort to detect these occurrences. The identification of major changes may locate and isolate problems and thus prevent million and billion dollar cost and schedule overruns. In this study, we develop an approach to identify changes in the Cost Performance Index (CPI) and the Schedule Performance Index (SPI) that may indicate problems with contract performance. We find the detection algorithm indentifies changes in the CPI and the SPI …

Amid The Vipers: Establishing Malware's Position Within The Information Ecosystem, Shawn Louis Everett Robertson

Computer Science and Software Engineering

The paper consists of a detailed examination of malware broken down into three main sections.

1. Introduction: Malware in the World Today. Begins with a definition of terms, examination of the types of malware, research into historical pieces of malicious code, a detailed analysis of the attackers, why malware is so prevalent, and why it is so hard to defend against. This section finishes with a comparison of reasons to create and not to create malware.
2. Background: "Good" Pieces of Malware. Examination of what makes malware effective. Analysis of the existing CVSS standard and proposal of the alternative VIPERS classification system. …

The Effect Of U.S. State Taxes On State Economic Prosperity, Casey Dainsberg

Political Science Theses and Capstones

Policy makers today are faced with trying to create solutions for economic troubles that become increasingly more complex and foreboding. Tax cuts and tax hikes are proposed and considered as possible solutions to various economic problems. However, the question still remains regarding which policies are most effective. The purpose of this research is to asses these competing claims. It seeks to find evidence that will shed light on one of these views. I have done this by accumulating tax and economic data from the fifty U.S. States between the years 2001-2009. Previous research has concluded that taxes do affect the …

Human Trafficking In San Luis Obispo County: Assessing The Local Law Enforcement's Mechanisms For Prevention, Paige K. Wopschall

Social Sciences

No abstract provided.

The Modern American Entrepreneur: Characteristics, Formative Legislation, And Modern Education, Jeremy S. Office

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This research began by exploring traits and characteristics of the American entrepreneur. It continued by offering a history of these individuals, focusing primarily on the history of laws and regulations which have both positively and adversely affected the practice of entrepreneurialism in the United States. Current laws that affect entrepreneurship, along with the current state of entrepreneurial education in business schools, are explored in depth. This study concludes that the current system of business regulations and entrepreneurial education are flawed and that their failings have produced generations of business students who are unable to reach their full potential. A brief …

Kosova Dhe Bashkimi Evropian, Armend Peqani

Theses and Dissertations

No abstract provided.

The Works Of Jürgen Habermas: A Tool For Further Understanding The Theory And Practice Of Restorative Justice, Audrey Laurel Barrett

LLM Theses

The theory of restorative justice has always lagged behind practice. As such, gaps in theory have existed over time and continue to exist today, particularly in terms of explaining "the magic" that occurs within the encounter process. By exploring the theories of Jürgen Habermas, it is suggested that new frameworks can be developed that can help theorists think about, and explain the experiences and outcomes central to restorative processes. This paper focuses on Habermas' theory of universal pragmatics and communicative action as a means to better understand the mechanisms within the encounter process, and the conditions necessary, to give rise …

Ballast Water Management Convention, 2004: Towards Combating Unintentional Transfer Of Harmful Aquatic Organisms And Pathogens, Sabitiyu Abosede Lawal

LLM Theses

The introduction of harmful aquatic organisms and pathogens transferred through ships' ballast water and sediments from one coastal region to another has ecological, economic, environmental, and human impacts. The international community, through numerous binding and non-binding instruments, also sought to combat this problem. Ultimately, the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 was adopted by the International Maritime Organization as the dedicated legal regime intended to prevent, control and ultimately eradicate the introduction and spread of harmful aquatic organisms and pathogens through ships' ballast water and sediments. By its Regulations, the Convention sets …