Law Commons^™

A Comparison Of Contracts Involving The Privatization Of Newark Afb And The Naval Air Warfare Center-Indianapolis, James P. Valley

Theses and Dissertations

This thesis studies the contract types and incentives involved in the privatization of Newark AFB and the Naval Air Warfare Center-Indianapolis. Newark AFB was slated to close by the Base Realignment and Closure Commission (BRAC) in 1993. The Air Force decided to utilize an Indefinite Delivery Indefinite Quantity (IDIQ) contract, and utilize an award fee to incentivize the contractor. In 1995, the BRAC commission decided to close the Naval Air Warfare Center-Indianapolis. The Navy also decided to utilize an IDIQ contract and has mostly utilized the Fixed Price Level of Effort contract to obtain its requirements. Through interviews and a …

The Impact Of The Federal Acquisition Streamlining Act Of 1994 On Post-Award Protest Frequency, Eric C. Duncan

Theses and Dissertations

The protest process is a means of ensuring that the Government conducts procurements in accordance with statutory and regulatory procedures. Additionally, protests serve a vital role in assuring full and open competition in the federal acquisition process. Protests can be costly in many aspects, including the direct costs of taking the action as well as more indirect costs such as program delays and damaged business relationships. The Government recognizes the negative impact protests have on the procurement process and has enacted several laws and regulations in an effort to reduce protest frequency and streamline procurement procedures. While it appears that …

The Effects Of The New Commercial Marketplace Emphasis On United States Air Force Contract Negotiators, Bryan J. Hudgens

Theses and Dissertations

Acquisition Reform is changing the way the government contracts for needed goods and services. The commercial marketplace is becoming a significant source not only of goods and services, but also of ideas as to how the government can improve its contracting and acquisition functions. This research investigates the impact of this change of focus (to the commercial marketplace) on the GS-1102 series government contract negotiator. This thesis examines whether two theories-boundary spanning and supply management-can help understand the changing the role of the government contract negotiator. This research effort also reviews a list of commercial practices recommended by experts as …

A Qualitative Analysis Of The Elements Required For The Successful Implementation Of The 'Rolling Down-Select Strategy', Brent A. Kelly

Theses and Dissertations

This research explored the elements required for the successful implementation of the 'rolling down-select strategy' Inspired by Lightning Bolt 10, this study investigated five acquisitions which have or are in the process of implementing the 'rolling down-select strategy' The results suggest several elements which appear to contribute to the successful use of the 'rolling down- select strategy' These findings can be used by acquisition planners to aid in determining whether or not the 'rolling down-select strategy' is a viable strategy for their particular acquisition.

The Impact Of The Packard Commission's Recommendations On Reducing Cost Overruns In Major Defense Acquisition Programs, David A. Searle

Theses and Dissertations

This thesis examines the impact that recommendations made by the President's Blue Ribbon Commission on Defense Management, informally known as the Packard Commission, had on reducing cost overruns in major DoD acquisition programs. Cost overruns are a recurring problem in the DoD, and the study of possible effects resulting from the implementation of acquisition reform efforts such as the Packard Commission study could alter this trend. In this era of acquisition reform and downsizing it's important that policy makers understand the effects past and current policies have had and are having on reducing the ever present problem of cost overruns. …

Dispatchers' Perceptions Of Computer-Aided Dispatch (Cad) In Police Communications Operations: An Exploratory Study, Anthony L. Luckman

Sociology & Criminal Justice Theses & Dissertations

Since the 1970s, law enforcement officials, policy makers and academics have promoted the use of computer-aided dispatch (CAD) as a way of improving both the efficiency and effectiveness of police operations. Past literature on CAD focused on the technology's assumed capabilities for meeting certain goals. However, little if any research has, either objectively or subjectively, tested CAD's ability to meet these goals. This study utilizes subjective data collected from both dispatchers currently using CAD and those who are awaiting its implementation to determine their perceptions of CAD's ability to meet some of these goals. Of primary interest here was CAD' …

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak

Sociology & Criminal Justice Theses & Dissertations

Policy statements by the Sentencing Commission for the State of Washington emphasize that gender, race, and community ties are irrelevant to sentencing decisions. Based on prior sentencing practices, these policies carry the potential to incorporate unrecognized sentencing disparity practices into the proposed sentencing equality solution. Using Washington's sentencing data under current sentencing guideline structures, this research examined the sentencing outcomes with respect to sentences given outside the guidelines. This study was designed to address the research questions: What effect, if any, does gender have on exceptional sentence outcome? To what extent, if any, is race a factor in determining gender …

Bailing Out Of Bonds: The Effect Of Victim/Offender Relationships And Other Factors In The Setting Of Bail, Tancy Vandecar

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate which factors impact bail decisions made by magistrates and judges. Much of the research on this topic was done in the early 1960s and 1970s when efforts such as the Manhattan Bail Project were in full force and the decisions of magistrates had not been investigated. There has been little research which looks specifically at the effect of victim-offender relationship on the bail decision. The present research utilizes bail decisions made by judges in the General District Court of Virginia Beach, Virginia as well as Virginia Beach magistrates. The effects of offense …

The Rise Of Amal Movement In The Shii Lebanese Politics, Rania M B Serbai

Archived Theses and Dissertations

No abstract provided.

An Examination Of Ronald Edmonds' Effective Schools Theory Applied To Various Grades In Two Demographically Different Oklahoma City Elementary Schools, Faluv Tunley

McCabe Thesis Collection

Effective schools research has been a key to the improvement of education for many urban school children, especially in large cities such as New York City and Chicago, Illinois. This research has revealed many different ideologies on helping a child learn, helping teachers teach, and giving administrators the tools to handle their schools more efficiently. Effective schools research also addresses parents and their involvement in the school system. One researcher who constantly pushed Effective Schools research is Dr. Ronald R. Edmonds. Edmonds, along with many other researchers helped to restructure the urban area schools in New York City and Michigan …

A School Law Resource Manual For Coaches In The South Kitsap School District, Brian V. Carlson

All Graduate Projects

The purpose of this project was to develop a school law resource manual for athletic coaches employed in the South Kitsap School District in the state of Washington. To accomplish this purpose, a review of current literature regarding selected law and legal issues related to athletics was conducted.

A Model Training Program To Prepare Candidates For Employment As Police Officers In Taiwan, George Gwo-Fang Jien

All Graduate Projects

The purpose of this project was to design a model training program to prepare candidates for employment as police officers in Taiwan. To accomplish this project, a review of current literature regarding training for basic police work was conducted. Additionally related information from Central Police University, Taoyuan, Taiwan, was obtained and analyzed.

The Relationship Between Public-Sector Higher Education Level-Four Grievant Variables And Third-Party Discipline And Discharge Arbitration Case Determinations At The West Virginia Education And State Employees Grievance Board Years 1985-1995, E. Jane Barnes

Theses, Dissertations and Capstones

This study examined the relationship between grievant variables (case description, case issue, gender, seriousness of the case) and case determination (denied/granted). A disk copy of QA4 database years 1985 to 1995 was provided by the West Virginia Education and State Employees Grievance Board. The approximate 222 higher education synopses reports were read to locate the population. Fifty five higher education discipline and discharge synopsis reports were isolated. Key words used by the Board assisted in isolating the population. The 55 higher education synopses reports were printed out to compare to information on case decisions housed in the West Virginia Secretary …

Development Projects And Project-Affected Peoples: The Need To Advance Sustainable Development By Establishing An International Development Institutions Inspection Panel To Redress Grievances, Ram Anand Shankar

LLM Theses

Indigenous and tribal communities are frequently affected by development projects in an adverse manner. Often they do not have any effective way of redressing their grievances, particularly against noncompliance of environmental guidelines and rules by International Development Institutions. This thesis explores avenues open to affected peoples to redress their grievances regarding the negative impacts of development projects. The thesis begins by defining "Project Affected Peoples," explores the concept of sustainable development, and suggests consequent principles for development projects. Then follows an examination of an existing grievance-redressal mechanism, the World Bank Inspection Panel, which has been mandated to redress complaints from …

Greek Letter Subculture, Adrien D. Scales

Theses, Dissertations and Capstones

In this study, surveys were administered to a sample of 90 Undergraduate students on the campus of Marshall University, for the Second Summer Term off 1997, for the purpose of exploring the environmental components that support conditions favorable to the development of subculture groups similar to gangs. For the purpose of this study, students were classified into two different groups, members of Greek letter organization and nonmembers of Greek letter organizations.

Estate Planning For The Senior Adult, Susan E. Weis

Theses

This thesis will focus on the study of developing a marketing strategy for an attorney firm with the main focus being estate planning and wills. Statistics show that approximately 77 million Americans born between 1946 and 1964 are now entering middle age. This represents one-third of the population in the United States who will be the senior citizens of the next century. Due to increasing life spans, the eider's role and societal views, this age group demands a change of their needs. These needs not only include elements suclh as Social Security and housing but a broader perspective of planning …

Effective Environmental Enforcement: The Missing Link To Achieving Sustainable Development, Linda Francis Duncan

LLM Theses

In response to the emergence of sustainable development as the dominant environmental and economic paradigm, a number of mechanisms have been developed to assist in the implementation of these principles. Examples of these "super" instruments abound--market measures, eco-covenants, joint implementation and voluntary compliance. Appreciably less enthusiasm has been dedicated to capacity building for other more traditional tools prescribed by international laws. Counted among the disregarded tools is the widely maligned and misunderstood role of enforcement. This thesis argues that the potential for effecting innovative reforms may be significantly threatened by an underlying misunderstanding and failed appreciation of the critical role …

The Relaxing Of Virginia's Concealed Weapon Law: Its Relationship To The Crime Rates For Murder, Aggravated Assault And Robbery, Jerry S. Conner

Theses and Dissertations

The primary objective of this research is to examine the relationship between the relaxation of Virginia's concealed weapon law, which became effective July 1, 1995, and three crime-related variables. Although there have been two major studies conducted in this area on a national basis, this research represents the first time a study has been conducted in Virginia. A secondary objective of this research is to examine relevant data to determine if this change in the law influenced the purchasing behavior of citizens regarding handguns and the issuance rate for concealed weapon permits.

An interrupted time-series design is employed in examining …

A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry

Theses : Honours

When an offender receives a non-custodial sentence following remand custody then concerns must be raised that the pre-trial remand imprisonment was unnecessary and improper, with judicial, economic and humanitarian consequences that run counter to the philosophical and legislative expectations of a democratic justice system. This study analysed the use of remand custody orders over a six month charge period, by magistrates in Western Australia, to determine what proportion of offenders spent time in remand custody prior to receiving a noncustodial sentence. The results indicate that magistrates use the remand custody facility as a "short, sharp shock" to deter future offending, …

A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard

Theses : Honours

The General Assembly of the United Nations, by Resolution, requested the International Court of Justice to give its Advisory Opinion on the following legal question: Is the threat or use of nuclear weapons in any circumstance permitted under Intemational law? The question raises a number of legal, political and moral issues which go to the heart of the development of public international law, and of relations between States in the United Nations era. Central to all such issues is the tension, both legal and political, which exists between the five declared nuclear weapon States (the Permanent Members of the United …

An Investigation Into The Australian Position On Software Copyright, Nicholas Pinakis

Theses : Honours

Copyright Is the primary means most software authors seek to protect their software. Software, that is work (the ordered expression of thought) put into some tangible form (such a being written down, stored in a computer, programs, data and distributed files) is a truly international product. Where does this copyright protection come from? The current governing laws in Australia are the Australian Copyright Act of 1968 (Cwlth) and the Australian Copyright Amendments Act 1984 (Cwlth) which afford copyright protection to computer software. In copyright law, a number of words and terms have specialised meanings, which are different to their meanings …

Postwar Vice Crime And Political Corruption In Portland, Robert Christian Donnelly

Dissertations and Theses

The present thesis describes the connection between political corruption and vice crime in Portland as it was portrayed by media and public institutions and agencies in the 1940s and 1950s. The main body of the thesis discusses attempts to rid Portland of its vice problem through the City Club's crusade against crime and crooked politicians in the late 1940s and early 1950s and Mayor Dorothy McCullough Lee's subsequent reform movements against gambling and prostitution. The thesis will analyze The Oregonian's expose' on bootlegging, gambling, prostitution and links drawn by the newspaper to the Teamster's Union and Oregon politicians. From there, …

Harmonisation Of Certain Rules Relating To The Mortgages And Maritime Liens In Slovakia With International Standards, Matej Dostal

World Maritime University Dissertations

The dissertation is a study of ship mortgages as a means of ship financing and maritime liens being closely linked with and affecting this banking security. It is based on investigation of legislation governing maritime liens and mortgages in legal systems of different developed maritime nations and three international conventions dealing with these matters. The first part of the second chapter briefly outlines the possibilities of ship financing, showing that mortgage loans are still broadly used and very much preferred. The second part compares the differences between mortgages in the common law system and hypothecs in the civil law system, …

Some Empirical Evidence On The Non-Normality Of Cost Variances On Defense Contracts, Robert J. Conley Iv

Theses and Dissertations

This study tested the hypothesis that defense cost variances reported on the Cost Performance Report are normally distributed. The DOD requires that all defense cost variances which breech a pre-specified threshold be investigated. The present variance investigation model has been criticized because it can prompt frivolous investigations. In theory, statistical models could reduce the number of frivolous investigations, but they are not used because they require too much information about the cost variance, including its distributional form. Often such models assume a normal distribution, but researchers have shown that the models do not work properly if the assumption is fallacious. …

The Impact On The U.S. Of The General Agreement On Tariffs And Trade, Sean-Stephan Pfaff

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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Commercialization And The Small Business Innovation Research Program (Sbir): An Examination Of The Impacts Of Commercialization On The Small Businesses' Ability To Provide Research And Development Innovation To The Department Of Defense, Jennifer J. Thorpe

Theses and Dissertations

This research explored the small business's perceived ability to provide goods and services to the Department of Defense through the Small Business Innovation Research (SBIR) program. The research was sparked by the enactment of Public Law 102-564, which increased the emphasis in commercialization as a basis for contract award and required a business plan to demonstrate commercial potential and third-party funding commitments. Five SBIR participants in the acquisition of Air Force research and developments innovation, were investigated through case-study methodology. The research concluded that although the defense industries recognized the cumbersome nature of government procurement, they are eager to provide …

Crimes In The Internet And How They Influence The Law, Rimal Kawtar Slaoui-Hamda

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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A Study Of The Impact Of Acquisition Reforms On Pre-Award Solicitations, Jason J. Bock

Theses and Dissertations

The purpose of this study was to develop insights into the impact acquisition reforms have had on pre-award solicitations. The changing nature of the marketplace and the reduction in the size of the defense budget has brought about a series of sweeping acquisition changes that include the Federal Acquisition Streamlining Act (FASA) and Lighting Bolt initiatives. A qualitative analysis of six cases and interviews of people actively involved in the solicitation process revealed acquisition reform benefits: increased performance, cost savings, and reduced acquisition time. These benefits were achieved through the use of performance-based contracting and adaptation of several commercial business …

A Cross-Sectional Examination Of Alternative Dispute Resolution: A Search For The Antecedents Of Success, Patrick F. Hopper

Theses and Dissertations

This study examined Alternative Dispute Resolution (ADR) in an attempt to identify antecedents common to successful uses of ADR. The goal was to isolate factors which have the greatest impact on the successful implementation of ADR. A cross sectional examination was designed that included both private industry and government applications of ADR as a resolution method. Documents, audiovisual materials, and personal interviews were utilized to collect the data. An informal interview guide was used to interview individuals with conflict resolution authority within their organizations. Analysis of the data resulted in the identification of five antecedents that increase the probability of …

An Analysis Of Total Acquisition Lead Time For Small Purchase Actions In An Operational Contracting Environment, Lee. R. Kair

Theses and Dissertations

This research was performed for the purpose of determining the factors which affect Total Acquisition Lead Time (TALT) for small purchase actions procured in an Operational Contracting Environment. The literature review develops a theoretical model using factors such as socio-economic program, regulatory requirements, alternate means of procurement, buyable purchase requests, customer access to information, funding issues, management information systems, purchase of off-the-shelf items, and accelerated or reduced coordinations. A variety of statistical techniques, including a qualitative regression, Bonferroni Technique, descriptive statistics, and parsing of TALT are used to determine the significance and impact of these factors on TALT. The results …