Law Commons^™

A Study Of The Legislative History And Legal Administrative Impact Of The Arkansas Teacher Fair Dismissal Act, William "Dubs" Byers

Theses and Dissertations

The Arkansas Teacher Fair Dismissal Act provides the legal procedure for dismissing teachers from public schools in Arkansas. The purpose of the study was to examine the impact of the Teacher Fair Dismissal Act on the employment practices of schools in Arkansas. The study examined the legislative intent of the Act, how the courts have refined the issues of the Act, the level of knowledge about the Act among principals, and perceptions of principals relating to the effect of the Act. The study included both quantitative and qualitative research. Eight interviews were held with legislative and educational leaders. Legislative material …

The Effect Of A College/University Education On Police Recruit Performance At The Bergen County Police Academy, Mahwah, New Jersey, Herbert F. Pendleton

Seton Hall University Dissertations and Theses (ETDs)

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The Boynton Beach Juvenile First Offender Program: Does It Really Work?, Andrew M. Rosenberg

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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Finding A Sense Of Self In The World: A Process For Overcoming Personal And Collective Alienation After Institutional Abuse, Seetal Kaur Sunga

LLM Theses

The author examines three aspects of dispute resolution involving cases of physical and sexual abuse in institutions and other environments. She focuses on judicial and alternative processes that deal with identity formation, empowerment and monetary compensation. She argues that sexual abuse and physical abuse create specific harms to the identity and power of abused persons. These harms should be addressed through a process that can allow for identity-formation and re-configuration of the power relationship between the parties. The author concludes that judicial processes recognize identity formation that occurs outside the legal arena, and are capable of recognizing the power of …

The Citizen Submission Process Of The North American Commission For Environmental Cooperation, Jaime Miguel Carreno-Martinez

LLM Theses

In order to address the environmental concerns raised by the existence of a continent-wide free trade zone, the North American Free Trade Agreement (NAFTA), Canada, United States and Mexico created an environmental side agreement, the North American Agreement for Environmental Cooperation (NAAEC). NAAEC established the Commission for Environmental Cooperation (CEC), a trilateral body created to help the NAFTA Parties achieve the goal of free trade while at the same time avoiding or lessening environmental industrial degradation. Although imperfect, the NAAEC embodies several processes that were innovative. The key innovation is the Citizen Submission Process that allows citizens and NGOs to …

Reconstructing A Divided Society: Development Of Self-Government And Judicial Reform In Kosovo, Sasha Baglay

LLM Theses

For the past decade the Kosovo has been a subject of conflict. Since June 1999 the Province is undergoing the reconstruction of civil society under the direction of the United Nations in the form of the United Nations Interim Administration in Kosovo (UNMIK). This thesis analyzes the prospects of developing democratic government in a post-conflict Kosovo. On a larger scale, the Kosovo study serves the basis for the analysis of the techniques available for the international community to build democracy in ethnically divided societies. The argument of this thesis rests on the premise that in ethnically divided societies traditional democratic …

Regulasi Sosial Dalam Akta Komunikasi Dan Multimedia Dan Kesannya Kepada Masyarakat Malaysia, Syed Agil Alsagoff

Student Works (2000-2009)

Malaysia telah mengorak langkah dengan memperkenalkan kumpulan undang-undang siber bagi merancang dan melengkapi pembangunan bidang teknologi di negara ini. Salah satu daripada undang-undang siber yang pertama digubal di dunia dan dipelopori oleh Malaysia ialah Akta Komunikasi dan Multimedia (Akta 588). Undang-undang ini memperkenalkan suatu bentuk percantuman media yang merangkumi bidang penyiaran, telekomunikasi dan multimedia di negara ini. Kajian khusus mengenai pelaksanaan akta ini adalah bertujuan untuk mendapatkan gambaran mengenai peruntukan Regulasi Sosial di dalam akta tersebut dan kesannya kepada masyarakat di negara ini. Oleh yang demikian, kajian bersifat deskriptif ini memberi penekanan terhadap latar belakang akta, peruntukan peraturan di dalam …

Changing Role Of The Company Secretary In Malaysia, Cheng Luan Ooi

Student Works (2000-2009)

The role and responsibilities of the company secretary may not be so well known as that of the other profession like the accountants, advocates and solicitors, architects and doctors. It is also not well defined in company legislation nor does the Act in its present state distinguish between full time and professional company secretary. Thus the role of a company secretary in this context is somewhat confusing to outside parties as far as the scope of responsibilities is concerned. From the traditional role as a mere keeper of company's documents, in recent years, the role of company secretary calls for …

Perceptions Of Prison Guards By Prison Visitors And Nonvisitors, Frances N. Huber

Masters Theses

Social interaction has been found to be a large factor in the recidivism of criminals. Many prison inmates have limited access to social interaction with other inmates as well as those outside of prison. This creates tension between inmates, guards, and society. The breakdown of barriers to open communication between inmates and others may be beneficial to the rehabilitation of criminals. Providing more access to visitations, telephone calls, and electronic mail reduces inmate aggression and encourages compliance to the prison and social rules. In addition, interaction with those outside of the prison acts as a continual reminder to an inmate …

Intergovernmental Mediation : A Technique For Successful Local Government Partnerships, W. Thomas Wiseman

Dissertations

Problem. Statement Local government officials are faced with ever-increasing citizens' demands and unfunded Federal and State mandates while competing with neighboring governments for dwindling federal and state monies. Both of these tend to fuel intergovernmental conflicts. Research is necessary, therefore, to determine the most effective ways of addressing the alarming rate at which intergovernmental conflict is occurring in order to meet the needs of local government officials.

Methodology. This study examined the relationship between local government organizations in terms of intergovernmental mediation, conflict resolution, and the sharing of revenues and resources. Data were collected from county commissioners in Ohio, …

Self-Dealing By Directors, Chen Jean Hui Vivien

Student Works (2000-2009)

Directors hold a significant position of influence over the assets and affairs of the company. This position gives rise to the potential for the misuse of the company's assets for the directors' own gain. In an era of marked growth of the significance of companies, there has been an increasing awareness of the need for protection of the company against abuse by directors.In recognition of the position of influence held by directors, equity has regarded directors as fiduciaries. Fiduciary duties to the company have been imposed on directors, specifically constraining self-dealing by directors.

Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel

Student Works (2000-2009)

This study deals with the issue of a comparative analysis of the guarantee of basic human rights in Islamic law, International Charter and Algerian constitution. This study finds its merit in the significance of the issue of human rights and its relevancy to our status quo. Notwithstanding, the multidimensionality of the topic of human rights, the researcher opts to focus on one of its important dimensions that is the guarantee of human rights. Historically speaking this issue was not extensively studied in depth by our classical scholars and jurists. Therefore, there is a need for in depth studies on this …

Examining The Role Of Increased Penalties On Tax Advisers In Improving Tax Compliance Under The Self-Assessment System, K. Sandra Segaran Karuppiah

Student Works (2000-2009)

This study is motivated by a recent amendment to the Income Tax Act, 1967 as part of the tax reform under the Self-Assessment System. Section 114 (1A) now imposes criminal sanctions against those who are negligent in advising and assisting in income tax returns which result in an understatement of tax liability if they do not exercise reasonable care. This study empirically examines the perception of tax agents on the introduction of section 114 (1A) in relation to their understanding and perception of the concept of reasonable care. It further examines perceptions with regards to the fairness of this provision; …

Port State Control : Review And Assessment, Shiming Xu

World Maritime University Dissertations

No abstract provided.

Bidangkuasa Mahkamah Syariah Dalam Pentadbiran Pusaka Di Malaysia, Jasni Sulong

Student Works (2000-2009)

This dissertation is generally an attempt to analyze the historical development of the jurisdiction in the administration of Islamic inheritance in Malaysia. The study will explain how the intervention of the British colonial had introduced the Common Law system and promulgated several statute to limit the function and jurisdiction of kathi's court in the matter of inheritance. It will also disclose the provision of Federal Constitution and the recent case about the administration of inheritance to Muslims nowadays. The research is focused on the procedure and the process to make a claim to distribute the estates in Malaysia nowadays at …

Delinquency And Victimization Among Adolescents: An Examination Of The Relationship And Lifestyle Influences, Joy Eileen Livergood

Sociology & Criminal Justice Theses & Dissertations

This research examines the correlation between delinquency and victimization. Consideration is given to the lifestyle influences including the routine activities and demographic factors. Data from the 1997 Monitoring the Future data set are analyzed in an attempt to understand the extent of the relationship as well as the impact of various lifestyle activities and demographic factors. The study was guided by previous research examining the correlation between delinquency and victimization as well as the impact of lifestyle elements. SPSS 9.0 for Windows was used to analyze the data. Overall, the findings suggest that there is a correlation between delinquency and …

Victims Confront Offenders: An Exploratory Study Of Victim Satisfaction During Mediation, Krystal C. Walton

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study was to determine if age, race, and gender were related to victim satisfaction during mediation while controlling for the type of offense. Satisfaction with the mediator's attitude, the session itself, the mediator, and the outcome were assessed to measure the victim's level of satisfaction with the various components of the mediation process. Data was collected from questionnaires mailed to crime victims' who had completed the mediation process through the Juvenile and Domestic Relations Court in Norfolk, Virginia. This thesis looks at the relationship of age, race, and gender to victim satisfaction with mediation. Cross-tabulations were …

Victimless Crime: A Comparison Of Public Offense Ratings Of Misdemeanor Offenses And Virginia Sentencing Guidelines, Theresa M. Dutton

Sociology & Criminal Justice Theses & Dissertations

This study was designed to explore the hypothesized gap between what state guidelines on criminal sanctioning recommend for misdemeanor offenses, and what the public perceives· as just punishment for these offenses. The research also addresses the issue of victimless crime. In this regard it was additionally hypothesized that there exists a significant difference in public opinion towards sentencing those crimes that specifically do not have a victim, with those that do.

The design of this study is based on one conducted by Peter Rossi and Richard Berk (Rossi and Berk 1997). For this study, a sample of students attending college …

Community Building In Ethically Restructured States: The Baltics, Dovile Budryte

Graduate Program in International Studies Theses & Dissertations

Drawing on democratic theory, this dissertation explores a thesis that the experience of ethnic restructuring significantly effects the ability of a democratizing state to successfully consolidate its emerging democracy. Ethnically restructured states, it is hypothesized, have an especially hard time creating inclusive democratic political communities, which is a necessary prerequisite for a consolidated democracy.

To test the thesis, the comparative case study method is applied to the ethnically restructured states of Latvia, Lithuania, and Estonia. The goal of the case studies is to examine the approaches that the Baltic states used to reduce polarization. The historical background to the case …

Identity, Conflict And Cooperation In International River Basins, Jack V. Kalpakian

Graduate Program in International Studies Theses & Dissertations

This dissertation tests the hypothesis that water disputes cause serious conflict within and between states. It uses a structured case study approach to see whether there is a link between the independent and dependent variables. It also considers the effect of other variables on serious conflict. Specifically it addresses the effects of national identity and the othering process on conflict. The three case studies are built around rivers in the drier parts of the world. This biases the dissertation towards affirming the established mainstream hypothesis which states that water disputes cause serious conflict. In all three cases, historical animosities and …

An Exploratory Study Of Domestic Violence Attitudes Among Virginia Magistrates, Elaine M. Phillips

Sociology & Criminal Justice Theses & Dissertations

Currently, 43 states utilize magistrates in the criminal justice response to domestic violence. In Virginia, magistrates have the power to grant emergency protective orders and arrest warrants in domestic violence cases. In 1996, Virginia instituted a new mandatory arrest law. This study explores magistrates' attitudes toward the new law. It also examines their attitudes toward victims and offenders involved in domestic violence cases. The study utilizes data from Crossland's 1998 survey of Virginia magistrates (n=239). Hypotheses based on conflict theory and feminist theory lead to hypotheses that predict that magistrates' attitudes will vary depending on the race, educational level and …

The United Kingdom In The Establishment Of An International Criminal Court: A Case Study Of Middle Power Theory, Laura C. Cook

Undergraduate University Honors Capstones

This capstone explores the role of the United Kingdom in the establishment of the International Criminal Court. This paper explores the background of the ICC, middle power theory, how middle power theory applies to the United Kingdom, and if middle power theory is appropriate to describe the United Kingdom’s actions.

The Legal Environment For Electronic Cash In Japan, Shu Hamba

Maurer Theses and Dissertations

Recently, people have begun to hear the phrase "electronic money". However, it is not easy to define electronic money because there are so many varieties of electronic products that are called electronic money. Electronic money has possibility to substitute all functions cash has and to change forms of settlement dramatically. However, it may cause a lot of new legal issues and may demand totally new legal structure to regulate it.

The thesis provides classification and features of electronic money then focus on certain type of electronic money. The thesis mainly explores several issues that may affect issuance of electronic money …

Retrieving The Rejected Stone: Rethinking The Marginalization Of The Economic, Social And Cultural Rights Under The African Charter On Human And Peoples' Rights, Shedrack Chukwuemeka Agbakwa

LLM Theses

The 'African Charter on Human and Peoples Rights' is unique in its conceptualization of rights. Among other things, it provides in a single document a core of both economic, social and cultural rights, as well as civil and political rights. However, the 'Charter's' Preamble clearly demonstrates where the emphasis of the document lies. The 'African Charter' asserts a belief that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights. Given the grave economic problems facing Africa, the emphasis on economic, social and cultural rights as a precondition for the enjoyment …

An Evaluation Of The Drugs Crime Nexus, Legalization Of Drugs, Drug Enforcement, And Drug Treatment Rehabilitation, James Richard Keesling

Theses Digitization Project

Law enforcement agencies are faced with the problem of how to reduce crime in the most economical method possible without violating the law. Since drug offenders also engage in a disproportionate amount of non-drug crime, then drug enforcement is considered as an acceptable general crime control method. Unfortuantely, this is an expensive option because incarcerating offenders is both costly and ony a short-term solution to the problem. A review of existing research examining the prior criminal histories of drug offenders compared to their previous involvement in violent and property crime is conducted to evaluate this relationship.

A Comparative Analysis Of Conventional Banking System And Islamic Banking System In Malaysia In Relation To Loan Repayments, Baharin Salim @ Abdullah

Student Works (2000-2009)

The birth of Bank Islam Malaysia Berhad (81MB) in 1983 symbolized the Malaysian Government's initiative in establishing an Islamic banking system. After 17 years of operation in a market mainly dominated by conventional banks, BIMB has still unable to achieve its target of capturing a significant portion of this market. In this paper, the writer tries to observe the main differences between the conventional and Islamic banking system Malaysia in relation to loan repayments. Through this observation, strengths and weaknesses of the Islamic banking system can be identified. Recommendations can be made to help enhancing BIMB's performance in achieving the …

The Ultra Vires Doctrine As Applied To Companies: A Comparative Study, Kasinathan K. Ganesan

Student Works (2000-2009)

A comparative dissertation presented on the history and development of the doctrine of Ultra Vires as applied to companies, beginning with the origins of the doctrine and its development in England, up until the Companies Act 1989 (UK), covering reforms of the Ultra Vires doctrine in English law; its application and position in Malaysia, and a consideration and development of Ultra Vires in Australia particularly in respect of the Corporation Law.

International Commercial Arbitration And Information Technology, Ganesh Chandru

Student Works (2000-2009)

The thesis is divided into six chapters and it endeavors to describe the interface between International Commercial Arbitration and Information Technology. The use of computers, e-mail, online conferences and the Internet have two-fold impact on arbitration. On the one hand it sets new standards in International Commerce. Electronic Commerce is an example. Intellectual Property issues also arise over the Internet. The issues at stake with respect to arbitration are, can arbitration be a means of dispute resolution in this context? After a general introduction in the first chapter, the kinds of disputes that may arise over Internet and in Electronic …

Procedural Justice In Civil Court Mediation : A Critical Review Of The Literature, & Procedural Justice In Civil Court Mediation : Exploring The Instrumental And Non-Instrumental Processes, Jill A. Howieson

Theses : Honours

This article provides a comprehensive review of research on the issue of procedural justice in dispute resolution procedures, with a particular focus on mediation. The review traces the history of the literature from the early control models of Thibaut and Walker ( 1975), through to the modem relational model postulated by Lind and Tyler (1992-1998). It discusses the major theoretical models of procedural justice in terms of their implications for legal dispute resolution and focuses on mediation procedures used by the civil courts. The models provide a theoretical base for identifying which psychological processes, namely non-instrumental, instrumental or relational, operate …

The Perceptions Of New Jersey Law Enforcement Officers As To The Success Of The D.A.R.E. Program, Edward A. Schmalz

Seton Hall University Dissertations and Theses (ETDs)

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