Law Commons^™

The People's Republic Of China's Corrupt Culture: Is The Prc's Arbitration Systems Exempt?, Mary Elizabeth Crawford

Masters Theses

The People's Republic of China (PRC) has struggled with corruption for decades. The PRC' s admission to the World Trade Organization (WTO) has brought some hope to curtail corruption, but this alone has not eliminated corruption within the PRC. One reason for the prevalence of corruption within the PRC is the intertwined relationship between the Chinese Communist Party and judicial and government officials. The purpose of this Masters thesis is to evaluate whether the relationship between Chinese governmental bodies and the PRC's arbitration systems makes Chinese arbitration systems susceptible to corruption.

This study examines the PRC's arbitration systems' close nexus …

Citizen's Satisfaction With The Police, Kim Barshanet Baskerville

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research project is to examine three competing models of citizen satisfaction with the police: 1) citizen characteristics, 2) citizen experience with the police, and 3) citizen quality of life issues. Data were taken from Criminal Victimization and Perceptions of Community Safety in 12 Cities, 1998. The relationship between citizen satisfaction and the three models were tested by examining different types of contact between police and citizens, race, age, gender, and quality of life, which was measured by satisfaction with neighborhood and satisfaction with city. In addition, an item labeled disorder, which takes into consideration acts of …

Differential Police Treatment Of Domestic And Nondomestic Assaults, Gina Michelle Sajko

Sociology & Criminal Justice Theses & Dissertations

The current study examines the effects of type of assault and victim gender on police response. Victim accounts of domestic and nondomestic assaults in the San Diego region were examined. This study found that domestic assaults were significantly less likely to result in arrest than nondomestic assaults. Female victims of domestic assaults were more likely to receive police referrals to outside agencies. Assaults with victim injury were more likely to result in arrest for domestic assaults, and within the sample as a whole. The gender of the victim had no effect on arrest.

An Eleven Year Retrospective Of The Acquisition Review Journal, Mitchell J. Elder

Theses and Dissertations

The purpose of this research was to examine the evolution of the Acquisition Review Journal (ARJ) through its first 11 years of publication. Researchers assessed the Defense Acquisition community through a review of ARJ articles. They considered what areas academics and practitioners have explored, and how they have explored them. This review documents such characteristics as areas of study, methods of study, and contributors. Trends are identified and conclusions are drawn as to the contribution of the ARJ to the Defense Acquisition community of practice.

The Analysis Of Air Force Institute Of Technology Theses Related To Contracting, Thomas M. Clohessy

Theses and Dissertations

At the end of March 2005, the final students will graduate from the Air Force Institute of Technology's (AFIT) contracting graduate degree curricula -- consisting at various times of both contract management and strategic purchasing course sequences -- which have been relocated to the Naval Postgraduate School (NPS). With the end of the contracting graduate programs at AFIT, it is appropriate to ask what contributions AFIT theses have made to the contracting community. Scholars (e.g., Das and Hanfield, 1997) have argued that thesis and dissertation research is one useful method of determining contributions to the field. The author conducted a …

The Use Of Alternative Dispute Resolution Techniques In The United States Air Force Environmental Conflicts, Nanci R. Pigeon

Theses and Dissertations

The use of alternative dispute resolution (ADR) in government disputes is mandated by the Administrative Dispute Resolution Act of 1990. The use of ADR to resolve disputes provides a quick and inexpensive resolution versus litigation. The Air Force currently has a very strong ADR program in place to resolve acquisition and workplace disputes. However, the varied conditions and situations of environmental issues have prevented the Air Force from achieving similar success in this area. This research analyzes the experiences of 26 Environmental Conflict Resolution Practitioners who have resolved environmental disputes using ADR techniques. Content analysis and pattern matching were used …

Predictors Of Attitudes And Turnover Intentions In People With Disabilities: The Importance Of Means-Efficacy, Naomi Charity Schmierer

Theses Digitization Project

This study surveyed 107 working college students with varying disabilities. Individual, job, and organizational characteristics were evaluated for their ability to predict job satisfaction, organizational commitment, and turnover cognitions. One area this characteristic that was explored was that of an individual's perception of organizational resources related to legally mandated reasonable accommodations. Using hierarchal regression this study found that self-efficacy, job characteristics, and means-efficacy were key predictors of job satisfaction. Means-efficacy was the only one of these that was a predictor of turnover intentions.

An Analysis Of The Effect Of A Loser-Pays Rule On The Decisions Of An American Litigant, Jaime Leigh Loos

Honors Program Theses

Decisions made by litigants often do not reflect those most beneficial to society. A rule goveming fee allocation in tort cases should encourage meritorious suits and discourage frivolous suits. America is one of the only countries in the world that does not use a loser-pays rule to assign legal costs. Employing a loser-pays rule could make the legal system more efficient and more equitable. The effect of a loser-pays rule is analyzed by economic theory and empirical evidence, while considering possible limitations of the rule. A carefully applied system of loser-pays may positively affect the U.S. legal system.

The Continuous Struggle For Representation In The Venezuelan State, Gabriel Reyes

Honors Theses

One definition of democratic participation is a process whereby citizens influence or control those who make major decisions affecting them. Throughout Venezuela’s history, citizens have suffered under governments that aimed to limit their participation in the state. This research argues that the current Chávez regime, though seeking to concentrate power for itself in the executive branch, has also forged a space for democratic participation through its Barrio Adentro program.

In its introductory chapter, this paper examines Venezuela’s political development through a comparative lens and aims to situate Barrio Adentro within the country’s unique history. First, it shows how the political …

The Semiotics Of Visible Face Make-Up: The Masks Women Wear, Madeleine Ogilvie

Theses: Doctorates and Masters

This dissertation explores the `sign' of visible face make-up and examines how women consume appearance in everyday life in contemporary Australia. Using a semiotic framework, it presents a novel new method for interpreting and gaining increased meaning into an everyday consumption phenomenon. The purpose of the study is to gain insights into why women wear make-up. It seeks to provide understanding of what this medium signifies to women and what the `sign' of make-up symbolises to the female individual. It explores how visible face make-up affects the way women consume appearance in everyday life, how they feel about themselves, and …

Munchausen Syndrome By Proxy : Gender, Sexism, And Just World Beliefs As Predictors Of Juror Decisions, Dawn R. Hurst

UNF Graduate Theses and Dissertations

Mock jurors (N = 200) read descriptions of a mock civil case involving an adult survivor of Munchausen Syndrome by Proxy who is suing his/her abuser for monetary/psychological damages. Jurors individually decided perceived percent of responsibility of defendant, award to plaintiff pre- and post-group deliberations, and as a mock jury, in groups of 5 to 10. Jurors and juries assigned greater percent of culpability to female defendants than male defendants. Individual jurors awarded more n1oney to plaintiffs abused by female defendants than male defendants. Low Modem Sexism Scale (MSS) scorers attributed greater percentage of responsibility to defendants and awarded plaintiff …

The Application Of A System Of Systems Analysis To Assessments Of National Power, George T. Hodermarsky

Graduate Program in International Studies Theses & Dissertations

This dissertation proposes an approach and methodology for the utilization of the fundamentals of systems theory as an aid to national security decision-making. At its core is an examination of the elements of nations' or non-state actor's power resources. The product of the analysis is the compilation of a set of nodes, and the relationships between these, upon which actions may be taken to achieve desired effects. Since the boundaries between the subsystems of power resources are flexible and permeable, and there will be interactions between elements in different subsystems, a system of systems approach is essential so that the …

Telecommunications Technology And Sovereignty: Effects On States As Information Transfer Increased From The Speed Of Oxcart To The Speed Of Light, James H. Radford

Graduate Program in International Studies Theses & Dissertations

Sovereignty---the absolute and unlimited power of the state---provides independence of action. Information about actions or intentions of competitors, enemies, or even friends, arriving after extended periods of time, resulted in responses to fait accompli. When information travels nearly instantaneously, states must consider potentially rapid international reactions before the fact. This suggests that since a state's freedom of action has been abridged, the nature of their sovereignty has altered.

This study pursues the research question: In what ways does telecommunications technology affect state sovereignty? The evolution of sovereignty is compared to development of telecommunications technology over four distinct eras, each …

Online Defamation: A Case Study In Competing Rights, Julie Dare

Theses : Honours

As a consequence of the dominant role the United States has played in its development, the Internet has become synonymous with a liberal interpretation of freedom of expression, heavily imbued with First Amendment free speech principles. This has resulted in an environment that supports an adversarial, aggressive style of interaction; an environment which has become a "defamation prone zone" (Edwards, 1997). However, resolving online defamation disputes is problematic, particularly in cross-jurisdictional cases involving defendants based in the United States. Incongruities in the balance of free speech and reputation between the United States and most other countries, as expressed through defamation …

A Comparable Cross-System Bank Productivity Measure: Empirical Evidence From The Malaysian Dual Banking System, Valli B. Batchelor

Theses: Doctorates and Masters

This thesis seeks to fill a void in the banking performance literature by (1) proposing a cross-system bank productivity assessment methodology that can be applied to both conventional and Islamic banking and (2) implementing this methodology on a dual banking system to gauge the comparable productivity of Islamic and conventional banks relative to one another in a banking system that has experienced deregulation and consolidation. The growing significance of Islamic banking cannot be overlooked as its growth in recent years has significantly outpaced conventional banking. This new banking duality trend profoundly impacts the relative competitiveness of both banking systems and …

The Legal And Practical Aspects Of Places Of Refuge In The Context Of Salvage, Danhua Li

World Maritime University Dissertations

No abstract provided.

Seaworthiness In The Context Of The Isps Code And The Relevant Amendments To Solas Convention, 1974, Nabil Anwari

World Maritime University Dissertations

No abstract provided.

Copyright Law And Digital Millennium Copyright Act, Neda Ballard Panula

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

The Potential Effects Of The Trans-Atlantic Common Aviation Area On Shannon Airport, Ireland, Daniel James Centilli

Honors Theses

The Trans-Atlantic Aviation Area is a proposed liberalization of the air services agreements known as bilateral agreements between the United States of America and the member states of the European Union. The new agreement would replace the restrictive bilateral and Open Skies bilateral agreements between the United States and the EU with a single comprehensive agreement. The emergence of true open skies between the US and EU creates many economic opportunities and some economic threats. One such threat is the situation faced by the Shannon Airport, Ireland. Under the current US/Ireland bilateral, Shannon's existence is protected by requiring US carriers …

Racial Disparity In Chicago Arrests, 1998-2002, Jenelle A. Robinson

All-Inclusive List of Electronic Theses and Dissertations

Concerns of racial disparity in the criminal justice system have been the subject of public attention for decades. This study examines racial disparity in Chicago arrests from 1998-2002 and compares the levels of disparity in Chicago to these the nation. The study provides an average percentage of arrests for all given years for each race/ethnic group and compares that to the percentage of the population for each race/ethnicity to see if racial disparity exists. Results suggest that the largest disparities exist for Blacks, Hispanics, and Native Americans for both Chicago and the nation.

Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe

LLM Theses

The HIV/AIDS epidemic is a devastating medical, social and economic problem in many developing countries. Presently, the only therapeutic remedies for the disease are antiretroviral drugs, which do not cure HIV/AIDS but are effective in restoring the health of people living with HIV/AIDS. Unfortunately, these drugs are unavailable to many people living with the disease in developing countries. This has been attributed to the exorbitant prices resulting from the patent rights of multinational pharmaceutical companies over the drugs. Legal literature has therefore focused principally on intellectual property rights as obstacles to access to antiretroviral drugs in developing countries. This thesis, …

The Smugglers' Landscape: Geography, Route Selection And The Global Heroin Trade, James Dallis Medler

Graduate Program in International Studies Theses & Dissertations

This study focuses on transnational smuggling, and puts forth an analytical framework from the smugglers' perspective with respect to route selection, focusing primarily on aspects of economic, political, and human geography. It is predicated on three interconnected decision-making domains that constitute the smuggler's operational landscape, namely access, risk and connectivity, which interact to drive the smugglers' perceptions of route attractiveness. The first two domains operate reciprocally, primarily at the national level of analysis, and together both shape and are shaped by the third at the transnational level to form a feedback loop. With respect to connectivity, the convention of the …

The Effects Of Firearm Use On Police Officers, Quinn M. Beers

Sociology & Criminal Justice Theses & Dissertations

The use of firearms by police officers is a subject that has not received much attention in past research. It is a rare occurrence for police officers to have fire their weapon in the line duty, which has also made this area of law enforcement difficult to study. In addition, little data is kept on the extent of firearm use by police officers. Several theories have been proposed to explain firearm use by police officers as well as how officers decide to use their weapon or not.

Ninety-two police officers from the city of Newport News, Virginia completed a survey …

Space Cooperation Under Anarchy: Commercialization Of Outer Space And Space Security In The Post-Cold War Era, Irina V. Louts

Graduate Program in International Studies Theses & Dissertations

The 20th century brought the most horrific weapons and most devastating wars in the history of human civilization. It also gave us the most breathtaking discoveries and technological breakthroughs, including the opening up of outer space to human reach. The commercialization of outer space is one of the most significant developments of our time, giving us an opportunity to put the richness of this medium to the betterment of human conditions on Earth on an increasingly widening scale.

Technological advances have also made space more important militarily. A puzzle now is whether the commercialization of outer space facilitates international cooperation …

Small Business Participation In Air Force Procurement: Participation Trends And The Effect Of Acquisition Reform Initiatives On Air Force Procurement Via Selected Contract Types In Selected Product Categories, Douglas E. Leedy

Theses and Dissertations

Small Businesses (SB) have been of recognized important to the Federal Government for many years. This thesis explores the role of SB contractors in Air Force (AF) procurement and the effects of recent acquisition reform (AR) initiatives on their involvement, including their method of involvement (contract type), product areas in which they participate, and possible new areas of measurement. This thesis answers the research and investigative questions in three ways. First, it explores the correlation of AR initiatives to SB participation as a whole, via selected contract types, and in selected product categories via causal regression models. Next, it identifies …

Vehicular Police Pursuits, Bradley B. Drayna

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

A Cost Benefit Analysis Of The State Of Tennessee's Child Support Guidelines : How Can The Orders Be Better Encouraged And Enforced?, Jennifer B. Vanzant

Honors Theses

Due to a growing number of The State of Tennessee's parents who should be receiving child support instead receiving welfare, the State is reexamining the makeup of the guidelines. Tennessee's existing child support regulations are written in a language that most individuals can interpret, but issues of compensation for additional dependents, low and very low income families, and shared parenting are three key circumstances producing inequalities that need to be improved within the guidelines. Judicial review has already made several advances in the way child support is awarded. New law has recently developed from child support case decisions regarding moneys …

Performance Based Service Acquisition (Pbsa): A Dynamic Look At Pbsa In The Air Force, Fred J. Lacey Iv

Theses and Dissertations

Federal procurement has typically focused much of its efforts on the acquisition of products, with acquisition of services not being held in as high of regard. However, recent changes have required the Department of Defense and the US Air Force (USAF) to increase spending on services. This significant increase in spending on services suggests a need to ensure acquisition professionals are prepared to apply sound business judgment to Performance Based Service Acquisition (PBSA) strategies. PBSA involves acquisition strategies, methods, and techniques that describe and communicate measurable outcomes rather than direct performance processes. The Secretary of Defense, in order to ensure …

Going To War With Defense Contractors: A Case Study Analysis Of Battlefield Acquisition, Ryan M. Novak

Theses and Dissertations

The escalating use of contractors on the battlefield in highly critical operational areas is a trend that is increasing across the DoD. Contractors have a vital role supporting CONUS missions, but they are also on the battlefield in defense of our nation, supporting the warfighter and their weapon systems. As the use of contractors on the battlefield continues to gain favor within the DoD, and as contractor s roles continue to expand and become more critical, it is imperative to improve the current way that the DoD, and specifically Air Force acquisition professionals, procure such services. This research analyzes inputs …

Measuring Small Business Participation In Air Force Contracting: The Impact Of Acquisition Reform, William C. Pike

Theses and Dissertations

Congress has mandated the Air Force to reform and streamline its acquisition procedures while promoting participation by small business contractors. Reports on the federal government as a whole suggest that the acquisition reforms have had a negative effect on small business participation, with a declining number of small businesses receiving contract awards. A causal regression model is used to determine that the Air Force has actually increased the number of small businesses receiving contract awards over the past thirteen years and has maintained a steady stream of new small businesses into that group. Variables are tested to determine their effect …