Law Commons^™

Rethinking Summary Judgment: Revamp Required?., Mak Mun Luan

Student Works (2010-2019)

Summary judgment has been touted as an effective tool for disposing of litigations in timely and cost effective manners, as disputes between litigants may be resolved without the need of full trials and the usual pre-trial processes associated with civil litigation. However, the tension between the potential for this procedure to produce a final judgment versus the litigants' entitlements to full trials, illustrates how reform in this procedure may be crucial. This paper sought to outline the current laws with regards to summary judgment in Malaysia and explore ways in which it may be revamped. For comparison, summary judgment procedures …

The Enforcement Of Discipline In The Royal Malaysian Police Force: An Administrative Law Perspective., Arifai Tarawe

Student Works (2010-2019)

The Royal Malaysian Police Force (RMP) is a huge organization which consists of more than hundred thousand personnel from different background of socio-demography. Although there were many courses and trainings have been organized to uphold integrity and discipline among police officers, disciplinary problems still arises. In fact, the formation of Inspector General of Police Secretariat (Discipline) under direct order of the Inspector General of Police shows that RMP gives priority to discipline and integrity in order to achieve its vision and mission. The purpose of this Project Paper is to examine the role of the Disciplinary Authority of RMP in …

Women In Antebellum Alachua County, Florida, Herbert Joseph O'Shields

UNF Graduate Theses and Dissertations

The purpose of this study was to investigate the role and status of women in Alachua County, Florida, from 1821 through 1860. The secondary literature suggests that women throughout America had virtually no public role to play in antebellum society except in limited circumstances in some mature urban, commercial settings. The study reviewed U.S. Census materials, slave ownership records, and land ownership records as a means to examine the family structures, the mobility and persistence of persons and households, and the economic status of women, particularly including woman headed households. The study also examined laws adopted by the Florida legislative …

Copyright, Creative Commons And Artistic Integrity, Yagan M. Kiely

Theses : Honours

Copyright offers tight control over intellectual property while Creative Commons deliberately relaxes this control; this relaxed control provides an artist with an alternative marketing strategy as well as a secure electronic distribution method. Copyright has been a useful tool for controlling intellectual property since its inception in 1710, but new developments in distribution of copyrighted materials has provided new challenges for copyright law. Creative Commons offers an alternative approach to copyright that embraces, rather than confronts these challenges. Creative Commons is an alternative to copyright that is capable of representing all forms of art; sculpture, painting, literature, music printing and …

Seeking Alternatives To Marijuana Prohibition, Rachel Kiesel

Honors Program Theses

Marijuana legality is a highly controversial social issue. Although our society continues to be bombarded by negative images of drugs and crime in the media, cultural perceptions regarding marijuana have been changing over the past few years. Today, many people are more accepting of marijuana use than ever before. As a result of these shifting attitudes, several states have taken the initiative to pass new legislation on regulating marijuana with reduced restrictions.

Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas

University of Kentucky Doctoral Dissertations

The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law.

This study tests hypotheses predicting whether federal agency review decisions in the U.S. Courts of Appeals during 1982-2002 are a function of judges‘ attitudes, namely ideology, or a function of legal …

Incarcerated Adults Sentenced In Adult Criminal Court While Juveniles: Knowledge, Understanding, And Perceptions Of Their Sentences, Karen Miner-Romanoff

Walden Dissertations and Doctoral Studies

An estimated 200,000 juveniles are tried as adults yearly and receive punitive sentences intended to deter juvenile crime and increase public safety. Few qualitative studies on juveniles sentenced as adults and contradictory results indicate a need for further research. This study used a qualitative, phenomenological interpretive design, with the conceptual frameworks of general and specific deterrence and rational choice theories. In-depth interviews took place with 12 incarcerated adults serving sentences (24--540 months) for juvenile crimes. The research questions explored their knowledge of transfer laws and adult sentencing and perceptions of deterrence from future criminal activity. Coding of transcripts and audio …

Tonnage Measurement Of Ships : Historical Evolution, Current Issues And Proposals For The Way Forward, Aji Vasudevan

World Maritime University Dissertations

No abstract provided.

Oil Spill Compensation Scheme From An Oil Tanker In Korea : A Case Study On The Hebei Spirit, Uk Kim

World Maritime University Dissertations

No abstract provided.

Climate Protection And Ocean Acidification : The Case For Immediate Action In International Law & Policy Negotiations, Carolyne Okeijn

World Maritime University Dissertations

This dissertation discusses ocean acidification as an emerging priority in international climate protection processes within the UNFCCC and the IMO. It provides discussion in an area where there is currently a gap between ocean acidification science and corresponding action in law and policy processes. It builds the case for substantial, immediate action on CO2 within the context of negotiations at UNFCCC for the post-Kyoto climate regime. This dissertation contains an examination of the available science publications on ocean acidification and submissions made by leading ocean acidification experts at COP-15; references to “ocean acidification” in the IMO MEPC meeting protocols and …

Ship Recycling In The International Regulatory Regime Of The Marine Environment : Selected Legal And Practical Issues And Implications, Ying Fang

World Maritime University Dissertations

Ship recycling is considered to be a safe and green solution to the disposal of ships reaching the end of their operational lives. It has become an issue of grave concern mainly due to the deteriorating records of work safety and environmental pollution associated with this activity. Therefore, international regulatory measures are needed to effectively control ship recycling activities taking into account the important factors of environmental protection and socio-economic development. The discussion in this dissertation revolves around the co-existence and effectiveness of two regulatory conventions relating to ship recycling, namely, the Basel Convention on the Control of Transboundary Movements …

Institutional Framework For Ocean Governance : A Way Forward, Mohd Khairul Tazril. Tarmizi

World Maritime University Dissertations

No abstract provided.

A Conceptual Framework For A Model Maritime Administration : Its Application To Maritime Administration Of Iran, Mandana Mansoorian

World Maritime University Dissertations

No abstract provided.

The Relationship Of Prison Sentences Of Juveniles And Adults Convicted In Arkansas Criminal Courts, Jacqueline Ann Davis

Theses and Dissertations

All states have set legal terms that allow juvenile defendants to be transferred from juvenile court to criminal court. Arkansas Code 9-27-318 is the state's policy that outlines the filing and transfer of juveniles to the criminal division of circuit court in Arkansas. Using data collected from Arkansas juvenile practitioners, this thesis uses a qualitative approach to analyze their understanding of the state's transfer policy. This research will also seek to determine how court data in Arkansas is collected and maintained, how court data in Arkansas impacts the evaluation of Arkansas Code 9-27-318, and if Arkansas' transfer policy handles juveniles …

Integrated Water Law: Local To International, Margaret J. Vick

University of the Pacific, McGeorge School of Law Dissertations

Table of Contents

INTRODUCTION

PART I: WATER ALLOCATION: LOCAL AND INTERNATIONAL

CHAPTER 1: LOCAL WATER LAW

CHAPTER TWO: INTERNATIONAL WATER LAW

COMPARISON OF RESTATEMENT AND INTERNATIONAL FACTORS FOR REASONABLE USE

CHAPTER 3: THE VERMEJO RIVER

CHAPTER 4 WATER LAWS: ENTITLEMENTS, RIGHTS, DUTIES AND PRIVILEGES

CONCLUSION TO PART I

PART II: NEGOTIATING WATERCOURSE ENTITLEMENTS

CHAPTER FIVE: WATERCOURSE NEGOTIATIONS ARE DIFFERENT

CHAPTER SIX: THE ROLE OF LAW

“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato

Dissertations - ALL

Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided with the Roosevelt …

'A Literary Man & A Merchant': The Legal Career Of Sir William Young, William H. Laurence

PhD Dissertations

Sir William Young (1799-1887) of Halifax was a leading lawyer, served as Attorney General, promoted legal reforms in the Assembly, sat as Chief Justice of the Nova Scotia Supreme Court, and promoted the establishment of Dalhousie University's Faculty of Law. He thereby fulfilled a variety of roles in his pursuit of two professional goals he had set at an early age, namely material success and intellectual interest. Nonetheless, his career in the law has been mostly ignored. By examining Young's legal career in detail, especially by paying attention to the duties he performed in his professional roles, this thesis seeks …

An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay

Dissertations

This study defines democracy, describes democratic policing, analyzes the development of democratic policing principles in the developing country of Turkey and contends that democracy can be enduring only when the police embody democratic values. As Turkey transforms itself in order to become a member of the European Union, the process has fostered national, institutional, cultural and socioeconomic adaptations, all of which lead towards democracy. This process has influenced the Turkish National Police (TNP) as well. In theory, these efforts towards political democratization, legal reform and the adoption of European Union police policy guidelines should have a positive effect on Turkish …

The Middle East Quartet Of Mediators: Understanding Multiparty Mediation In The Middle East Peace Process, Kris Arthur Bauman

Electronic Theses and Dissertations

This dissertation seeks to answer the question: Under what conditions does multiparty mediation fail to move conflicting parties toward a comprehensive peace agreement? The object of study is the Middle East Quartet of Mediators from its formation in 2002 to the Annapolis Conference in November, 2007.

Although some progress was made during this period, no formal peace agreement was reached and therefore, the ultimate objective of the Quartet was not attained. The study seeks both to deepen our theoretical understanding of multiparty mediation as well as identify specific leverage points that could lead toward resolution of the conflict in Palestine …

Courtrooms As Battlefields In The Evolution War: Examining Judicial Behavior And The Outcomes Of Cases Involving Public Education And Religion, Trevor W. Ramsey

All-Inclusive List of Electronic Theses and Dissertations

Over the past century, various challenges to the teaching of the theory of evolution have made their way to the courts, with the two most recent dealing with the concept of "intelligent design." The goal of this study is to attempt to find indicators that could help predict how judges will decide these types of cases in the future. Due to the low number of such cases, this study looked at the issue from the broader perspective of conflicts between religion and public schools. Focusing on federal district and appellate courts, sixty-eight cases were selected, with 145 rulings from 121 …

A Comparative Analysis: Cuban And Mexican Immigrant Policy, Barret Runyon

All-Inclusive List of Electronic Theses and Dissertations

Since the attacks of September 11, 2001, the debate over U.S. immigration policy has become one of the most volatile and emotional issues of our time. Great concern has developed over the growing number of illegal immigrants and the lack of security along the nation's borders, especially its southern border. During this time period, many policymakers were specifically concerned with U.S. policy towards Mexican and Cuban immigrants. In order to find out if significant changes have occurred, this study examines U.S. policy towards undocumented immigrants entering the country since 9-11. To answer this question a number of primary sources were …

Legal Analysis Of Off-Hire Clauses, Li Ma

World Maritime University Dissertations

No abstract provided.

Examining Re-Entry Challenges And Needs Of Trinidad And Tobago Offenders, Kamhya M. Milan

Sociology & Criminal Justice Theses & Dissertations

This research examines the challenges and needs that Trinidad and Tobago offenders face upon release from prison. The purpose of this research is to provide a foundation for policy recommendations to improve successful reintegration for prisoners corning home. Although there is a lack of re-entry literature based on Trinidad and Tobago offenders, the findings in this study show that Trinidad and Tobago offenders experience the same challenges and needs revealed by America research on offender re-entry. Study results show that policy intervention should be designed to ensure offenders returning home receive assistance with finding shelter, employment, educational resources, counseling and …

The Genesis Of Portland's Forest Park: Evolution Of An Urban Wilderness, Elizabeth M. Provost

Dissertations and Theses

Portland, Oregon, is steward to a 5,126 acre wilderness park called Forest Park. The park's size and proximity to downtown make it a dominate feature of Portland's skyline. Despite its urban location the park provides respite from city life with its seventy miles of trails, which wind through stands of Douglas fir, western red cedar, and western hemlock. Portland citizens enjoy this easy access to nature as well as the park's health and environmental benefits.

However, few people know of the park's history and how its journey toward parkhood reflects the changing values of Portland's citizens over time. Starting with …

From Dependence To Global Integration For Development: A Case Study Of Vietnam—From 1975 To Present, Phong Thanh Dang

Electronic Theses and Dissertations

This study examines the process of Vietnam's global integration for development in order to conclude that Vietnam has been able to achieve economic development and human development by joining regional and global institutions and working closely with multilateral international development agencies.

With proper literature reviews of economic theories and empirical studies, this study determines that Vietnam was able to graduate from dependence on the former Soviet Union and achieved economic development and human development.

This study determines that Vietnam has become one of the best-performing developing economies in the world. The Vietnamese people's standard of living has improved significantly. The …

Liberalization And The Development Of Legal Education Policy In East Africa: A Case Study Of Uganda, Pamela Tibihikirra-Kalyegira

Maurer Theses and Dissertations

This dissertation analyzes the liberalization of legal education and training in East Africa. It explores avenues for developing a legal education policy that addresses various problems with regard to the quality of law graduates and of legal services in the market place currently available given the large number of law graduates entering the professional field each year.

The legal systems in Kenya, Tanzania and Uganda to a large extent follow the Common Law theories and practices of English Law. The three countries also share a history in the establishment of law schools and they face similar problems and challenges with …

Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro

Maurer Theses and Dissertations

Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.

While exploring the above issue, this dissertation unfolds in three …

Examining Orders Of Protection: An Analysis Of The Court System In A Rural Tennessee County., Jaclyn Anderson

Electronic Theses and Dissertations

To provide safety to domestic violence victims, law reform efforts provided victims with a civil remedy in which a judge orders the abuser to stay away from the victim.

The research uses 1 rural county judicial system data to evaluate protective orders. Findings indicate that 42% of petitions are dismissed by petitioner's request or failure to prosecute. Moreover, court fees are not recouped in 79% of the cases.

Logistic regression analysis indicate that an intimate relationship between the parties and payment of court costs by petitioner increased the probability of dismissal of petition upon petitioner's request; use of a gun …

Examining The Impact Of Drug Court Participation For Moderate And High Risk Offenders, Kara Kobus

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the impact of drug court participation among moderate and high risk offenders. While studies have found that intensive programs, such as drug courts, are more effective when focusing their services on high risk offenders, few studies have examined the relationship between offender risk and drug court effectiveness. Using the Level of Service Inventory-Revised (LSI-R) as a measure of offender risk, the study employed a quasi-experimental design to compare outcomes of drug court participants (n=228) and a matched sample of probationers (n=252). The analyses showed that drug court participants had lower rates of …

An Assessment Of Proposed Sex Offender Mobility And Residency Restrictions In Nevada, Samantha Dawn Beecher

UNLV Theses, Dissertations, Professional Papers, and Capstones

This research explores the impact of sex offender exclusion zones and residency restrictions proposed by Nevada Senate Bill 471. This law would prohibit sex offenders from being within 500 feet of places where children congregate and living within 1,000 feet of these places. Analyses conducted using Geographic Information Systems demonstrate the degree to which offender mobility, housing, employment, and access to social services may be restricted should the law be adopted and enforced. Data are also used to assess the potential impact of the law on victimization patterns. Policy implications, data limitations, and suggestions for future research are discussed.