Law Commons^™

Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau

LLM Theses

The concept of dangerousness in Canadian and French criminal law is a central component in the development of prophylactic measures, such as section 810.1 and 810.2 of the 'Criminal Code' and similar French provisions. The imposition of preventive measures to control the risk of future behaviour of potentially dangerous individuals relies on inexact science to determine and assess dangerousness. In the last decades, several risk assessment tools have been developed, notably some in Canada, but their reliability in predicting dangerousness varies. The objectivity and reliability of a determination of dangerousness can be affected not only by the type of risk …

Park Access And Distributional Inequities In Pinellas County, Florida, Kyle Ray Hirvela

USF Tampa Graduate Theses and Dissertations

Although environmental justice research has traditionally focused on environmental disamenities and health hazards, recent studies have begun to examine social inequities in the distribution of urban amenities such as street trees and parks that provide several direct and indirect health benefits to local residents. This thesis adds to this knowledge by evaluating distributional inequities in both distribution and access to parks in Pinellas County, the most densely populated and one of the most racially segregated counties in Florida. An important objective was to determine if neighborhoods with lower levels of park access are more likely to contain a significantly higher …

Urbanization And Land Surface Temperature In Pinellas County, Florida, Bruce Coffyn Mitchell

USF Tampa Graduate Theses and Dissertations

Since the early 1800's, many studies have recognized increased heat in urban areas, known as the urban heat island (UHI) effect, as one of the results of human modification to the natural landscape. UHI is related to differences in land surface temperature (LST) between rural areas and urban areas where factors of the built environment such as the thermodynamic capacities of materials, structural geometry, and heat generating activities cause increased storage and re-radiation of heat to the atmosphere. This thesis examines the correlation between factors of urbanization and differences in land surface temperature (LST) in the subtropical climate of Pinellas …

Determining The Outcome Of Legal Grievances: An Application Of Game Theory To Tort Negotiations, Tyler Bodi

Honors Theses

I will begin my work with a description of the legal negotiation process in tort law. Next, I will explain the key facets and usefulness of game theory. Third, I will suggest how game theory might be applied to the legal negotiation of torts and solved in any particular tort case. Finally I will confirm that the elements of my model are, first, the definitive parts in the legal negotiation process, and second, part of a cohesive and complete game.

Factors In Juvenile Court Dispositions: Case Study Of A Rural Juvenile Court, Kevin Lee Kirk

Online Theses and Dissertations

The primary question of importance in this current study is what factors affect judges' dispositional rulings in a small rural Central Kentucky county. In order to evaluate these factors, this study involved a two stage process. The quantitative data were gathered from 120 Department of Juvenile Justice (DJJ) files dating back to 1999 that were processed through the study site small county court. The qualitative data were gathered through a series of structured interviews with court personnel. This current study provides descriptive statistics of the study cases that have been adjudicated delinquent with respect to their legal and extralegal characteristics, …

Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii

All Graduate Theses, Dissertations, and Other Capstone Projects

What local government officials, administrators, and staff can expect and how to can help in the aftermath of a peace officer’s line-of-duty death within their community.

Conditioning Democratization: Eu Membership Conditionality And Domestic Politics In Balkan Institutional Reforms, Ridvan Peshkopia

University of Kentucky Doctoral Dissertations

The uneven effects of EU membership conditionality on Eastern European reforms continue to puzzle the research community. Sometimes, the research focus has been too large, considering EU membership conditionality as a policy implemented uniformly across policy areas. Other efforts take a too narrow approach by trying to explain the effects of EU membership conditionality in single sectors. I suggest studying this phenomenon through a set of mid-level theories in a cross-country, cross-sectorial approach. I argue that both the intensity of EU membership conditionality and reform outcomes are contingent upon the policy sector context; hence, we should take a sectorial contextual …

Effects Of Free Trade Areas In Trade Promotion: Gravity Model Approach, Mona Jit Mui Lim

Dissertations and Theses Collection (Open Access)

Since the early 1990s, the world has seen a proliferation of Free Trade Agreements (FTAs). One of the key objectives of FTAs is to expand trade between or amongst its signatories. This study explores the intra-FTA and extra-FTA trade expansion capability of 3 types of FTA: North-North FTA (European Union (EU)-15 as a representative), North-South FTA (North America Free Trade Agreement (NAFTA) as a representative) and South-South FTA (Association of Southeast Asia Nations (ASEAN ) Free Trade Agreement (AFTA) as a representative). The study made an attempt to address the spread of such FTA-led trade expansion amongst the members and …

A Case Study Investigating The Interpretation And Implementation Of The Transformative Mediation Technique, Chuks Petrus Nweke

Walden Dissertations and Doctoral Studies

For decades, unresolved conflicts have negatively influenced the general public through increased violence, overwhelming the judicial system. A literature review suggested that between 15% and 20% of conflicts result in an impasse. This study was designed to understand how the implementation and application of the transformative meditation technique (TMT) is used to resolve conflicts. The purpose of this qualitative case study was to investigate the interpretation and implementation of TMT. This qualitative case study was grounded in the conceptual framework of interest-based negotiation (IBN) principles. The research questions focused on mediators' perceptions, interpretations, and depth of knowledge, as well as …

The Political Origins And Development Of Australia’S People Smuggling Legislation: Evil Smugglers Or Extreme Rhetoric?, Jack H. Smit

Theses: Doctorates and Masters

This thesis explores the Australian State response to the voyage facilitators of maritime asylum seekers, commonly known as ‘people smugglers’. It does so by examining a number of Parliamentary debates and previously confidential Cabinet papers. Negative depictions of asylum seekers and their voyage facilitators as well as the prevailing political discourse is critically explored while Parliamentary debates are analysed using Critical Discourse Analysis. The research questions the ways Australian legislators justified the criminalisation of these voyage facilitators and investigates whether political elites were sufficiently informed about the circumstances of maritime asylum seeker journeys and the unique nature of their travel …

An Analysis Of The Implementation And Future Development Of Imo Goal-Based Standards, Peng Yue

World Maritime University Dissertations

No abstract provided.

Regulating Vessel Traffic Service (Vts) To Mitigate Maritime Accidents At Port Approaches, Abdulhusain Mansoor. Abdulla

World Maritime University Dissertations

No abstract provided.

Limitation Of Liability Of Classification Societies, Young Min

World Maritime University Dissertations

No abstract provided.

The Introduction Of Alien Aquatic Species By Ships In The Arctic : The Role Of The Polar Code And Other International Legal Instruments, Anne Bouyssou

World Maritime University Dissertations

No abstract provided.

The Stcw Manila Amendments : Its Challenges To The Far East, Chong Ju. Chae

World Maritime University Dissertations

No abstract provided.

A Study On The Imo Regulatory Instruments Concerning The Evaluation Of Safety And Pollution Hazards Of Chemicals In Bulk Transported By Sea (Based On Marpol Annex Ii And Ibc Code), Gimoon Jea

World Maritime University Dissertations

No abstract provided.

Djibouti Code Of Conduct : An Instrument To Suppress Piracy In The Western Indian Ocean And The Gulf Of Aden, Dave Muli

World Maritime University Dissertations

No abstract provided.

Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross

Electronic Theses and Dissertations

Our criminal justice system works very hard to prevent criminals from harming other individuals; however, unfortunately mistakes happen. One wrongful conviction is one too many. There are multiple factors that can be assumed to be the cause of wrongful convictions. However, due to the lack of directly related research, the determents are not well established. The following research addresses wrongful convictions as a result of public defender representation. Through the process of theory construction, the research uses critical race theory and social disorganization theory to show the relationship between court appointed representation and wrongful convictions. A new theory is also …

Antidiscrimination Rights Of Contingent Workers In The United States, Hyun Joo Kang

Maurer Theses and Dissertations

Title VII of the Civil Rights Act of 1964 prohibits an employer's discriminatory employment practices against an employee on the basis of race, color, religion, gender, or national origin. Most contingent workers in the United States are faced with discriminatory employment practices, such as low wages and low or no benefits, and they are disproportionately women and minorities. Title VII is the focal point, but Title VII has not functioned as a remedy for contingent workers. This dissertation examines why contingent workers suffer discrimination, despite Title VII, and suggests possible solutions.

In the United States, the distinctive interpretation of laws …

Konflikti Anglo-Shqiptarë Me Rastin E Kanali Të Korfuzit, Nurije Gashi

Theses and Dissertations

No abstract provided.

American Law: Integrating Ultra-Traditional Muslims Through Accommodations, Mohamed A. Elsanousi

Maurer Theses and Dissertations

Appropriate legal accommodations for religious minorities can support their integration into American society. Historically, the teachings and practices of many religious communities that have otherwise conflicted with state or federal law have been successfully preserved through legal accommodations. A brief comparison with the experiences of such groups as the Hasidic Jewish community will provide a context for religiously based legal accommodations for various religious communities within the United States.

This dissertation examines the particular situation of a Tablighi Jamaat community, a Muslim missionary movement, as a means to explore how legal accommodations facilitate the successful, stable integration of such groups. …

What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study, Will Etheridge

Muskie School Capstones and Dissertations

In January 2009, Port City Music Hall in Portland, Maine was preparing to open its doors to the public for the first time. With a capacity for nearly six hundred attendees, Port City Music Hall was designed to attract national touring acts to Portland too big for the bar scene, but not suited for the Merrill Auditorium or Cumberland Civic Center. With the State Theatre still shuttered at the time, this new venue hoped to fill an important niche in the city’s creative economy, bringing a diverse array of performers that would not otherwise be able to find a viable …

Online Gaming: Prohibition Vs. Regulation, Andrew Montgomery

UNLV Theses, Dissertations, Professional Papers, and Capstones

Since online gaming began in 1995, the industry has been unsettled. Despite online gaming being viewed as illegal by the United States government, revenues generated from players in the U.S. grew consistently and rapidly from 1995 to 2006. U.S. lawmakers believed they clarified the legality issue by passing the Unlawful Internet Gambling Enforcement Act in 2006 (UIGEA); however, this legislation did little to discourage people in the U.S. from engaging in online gambling. U.S. lawmakers have long debated prohibition vs. regulation of the industry. Given the apparent ineffectiveness of online gaming prohibition via UIGEA, lawmakers favoring legalization and regulation of …

Selling Knowledge: A Sociological Analysis Of Attorney Advertisement In Las Vegas, Giselle Velasquez

UNLV Theses, Dissertations, Professional Papers, and Capstones

I analyze how Las Vegas attorneys represent themselves, their associates and clients in televised law firm commercials. I use attorney commercials as a case to explore cultural beliefs in media representations. Using an inductive method, I analyze the textual, visual, and aural symbols that appear most frequently in television commercials to interpret how law firm advertisements convey themes of attorney expertise, knowledge, ethnic and gender stereotyping. I introduce this study with a historical evaluation of the rise of advertisement in the United States. I continue discussing how the media is an important realm of discourse that affects people's identity. Using …

Exploring The Effects Of An Art Based Trauma Protocol With An Active Duty Police Officer Experiencing Symptoms Of Posttraumatic Stress Disorder, Khaki Wieters

EVMS School of Health Professions Theses & Dissertations

Because of repeated exposure to traumatic events as part of their job requirements, Posttraumatic Stress Disorder is a common problem found among police officers. Although treatments in some agencies are limited, they can include, Critical Incident Stress Management, mandatory referrals to mental health professionals, and trained peer support. Art therapy is an efficient treatment for trauma because it bypasses defenses and aids in processing and integrating traumatic imagery by naturally connecting the brain’s right and left hemispheres. Police diagnosed with PTSD may benefit from art therapy since it can penetrate resistance and has proven effective for processing traumatic imagery.

This …

From ‘Baggage’ To Not ‘Non-Persons’: Levy V. Louisiana And The Struggle For Equal Rights For ‘Illegitimate’ Children, Sherrie Anne Bakelar

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study focuses on "illegitimate" children, who are more visible
than other children within the historical record because of the many laws
related to their existence. By examining this group of children, it is
possible to improve upon the framework that shapes our understanding
of childhood and provide a starting point for future studies that will
continue to illuminate children's history. Although illegitimacy laws are
as ancient as Western civilization, the key moment for the United States'
laws related to nonmarital children came in the spring of 1968 and the
pivotal decision of Levy v. Louisiana, 391 U.S. 68 (1968). …

Incarcerating Indigenous People Of The Wongatha Lands In The Eastern Goldfields Of Western Australia : Indigenous Leaders’ Perspectives, Stephen J. Bedells

Theses: Doctorates and Masters

The Wongi

people are Indigenous to the Goldfields region and account for just 10 per cent of the population; yet they make up 90 per cent of the prisoners. With Indigenous incarceration rates above 8,000 per 100,000 adult male population in Western Australia, imprisonment is clearly a common experience for Indigenous men and women that profoundly affect the lives of their families. Gaols are meant to be used as a sentence of last resort when the severity of the offence requires severe punishment and prevention of further offences requires close confinement. For this research, Wongi leaders were interviewed about their …

Lufta Dhe Intervenimi I Nato-S Në Kosovë, Edona Bislimi

Theses and Dissertations

No abstract provided.

Patient Safety Law: Regulatory Change In Britain And Canada, Fiona Mcdonald

PhD Dissertations

Did governments in different countries regulate common concerns about patient safety differently? If so how and why did they do this? This thesis undertakes a historical comparison of the regulation of patient safety in Britain and Canada between 1980 and 2005. These jurisdictions began the period with very similar regulatory frameworks, but by 2005 there were distinct differences in each jurisdiction‘s regulatory response to patient safety. Britain was very actively regulating all aspects of service provision within its health system in the name of patient safety, whereas Canada‘s regulatory direction showed adherence to the 1980s model with only scattered incremental …

Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig

PhD Dissertations

This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …