Law Commons^™

Predicting Fraudulent Behavior: An Examination Of Characteristics Commonly Exhibited By Fraudulent Dod Contractors, Dwayne P. Sellers

Theses and Dissertations

This study examines the relationship between company size, slack, return on investment, and the frequency of fraudulent behavior. A model is proposed in which an increase in company size and a decrease in company slack and return on investment would increase the frequency of fraudulent behavior. A test of the model showed strong support between a relationship between company size and incidents of fraudulent behavior. Additionally, the results suggest that levels of slack may contribute to the frequency of fraud. Further tests provide no support for the relationship between the decrease in return on investment and the increase in the …

Identifying Cost Patterns Of Managing Technology Transfer Actions, James C. Boyd Iii

Theses and Dissertations

Significant national resources are dedicated to research and development (R&D) at government laboratories. In an era of increasing deficits and resulting budget reductions, transfer of technology from these laboratories to the private sector is important in order to improve the return on this R&D investment, as well as to improve the US industrial technological base, thus enhancing our nation's economic security. However, no accurate measures to evaluate the efficiency of the technology transfer (TT) process exist. Likewise, accurate cost information, affording insight into the cost pattern and allowing more effective resource management, does not exist. This research draws on the …

Does A Rubber Baseline Guarantee Overruns?' A Study Of Cost Performance And Contract Changes In Major Defense Acquisition Programs, James A. Gordon

Theses and Dissertations

This thesis explores the assumption that cost overruns are related to contract changes. A common assertion in defense literature says that contracts which are relatively stable suffer smaller overruns than those which are highly volatile. The stability or volatility of contracts is characterized by their change history. A contract which is modified frequently or by large amounts is more unstable, or volatile, than one which is not changed either as often or by lesser amounts. This study attempts to find evidence supporting this common assertion by examining the relationship between cost growth and baseline stability on over 400 Major Defense …

China And The Intellectual Property Dispute, Justin Carville

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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An Exploratory Inquiry Into Community Policing Using Focus Groups: Perspectives From Social Service Providers, Tanya Leigh Ostrogorsky

Dissertations and Theses

The purpose of this study was to evaluate Portland, Oregon's community policing policy by using focus groups to discuss the development and effectiveness over one year, Spring 1994 to Spring 1995. The group discussed included management level social service providers and was one piece of a large scale program evaluation. The collected data developed into six major categories: 1) personnel policies and institutional memory; 2) training; 3) consistency; 4) community involvement and responsibility; 5) partnerships or relationships, and 6) change over time. The most highly discussed issue was the discrepancy between the philosophy of the Bureau, community policing, and the …

An Analysis Of Structure, Organization, And Activities Of Community Dispute Resolution Centers In Virginia, Terri Colby Barr

Theses and Dissertations in Urban Services - Urban Management

This study is a comparative analysis of the structure, organization and activities of the nine non-profit (501 (c)(3)) mediation centers for the resolution of dispute (CDRC) in Virginia. Data for the analysis was collected through on-site interviews, in-depth case studies, and discussions with the leadership of the centers.

The CDRCs suffer from funding shortfalls which pressure them to shift their attention away from their mission. They are dependent upon the state's court contracts for mediation services in order to financially supplement their pro bono mediations and to generate operating capital. The large-budget CDRCs provide a considerable number of pro bono …

When The "Blues" Come To Call: Police Officers' Attitudes Toward And Responses To Domestic Violence, Christine Reneé Crossland

Sociology & Criminal Justice Theses & Dissertations

As a result of the growing popularity of arrest in domestic assault cases, many studies have focused on the relationship between police arrest policies and incidence rates of domestic violence. However, few actually assess direct input from police officers concerning their attitudes and perceptions of these policies, or how they feel about dealing with domestic violence. Since police officers are the first point at which domestic disputes are brought to the public's attention, the information provided by police officers concerning domestic violence can provide essential knowledge which could impact future policies and training on domestic violence. This study addresses the …

The (Social And Economic Paradigm Of Racism And Its Impact On The Educational And Professional Experiences Of Seven African-American Attorneys In Oklahoma City, Tynan D. Anderson

McCabe Thesis Collection

Through the years Blacks have struggled for equality from the right to sit anywhere they chose on a bus to the right to eat in any restaurant. One of the most significant areas of struggle has been equal employment opportunities for Black professionals. The number of Black professionals has increased through the years; however, this increase is minimal when compared to the overall number of professionals in the United States. For example, "the number of Black attorneys has increased by 600% over the past seventeen years... [yet] they only constitute four percent of the total number of lawyers in the …

Title Ii Of The Violence Against Women Act, Bernadette E. Hill

Undergraduate University Honors Capstones

In 1994 Congress passed the Violence Against Women Act. This thesis focuses on Title II which gives remedies to gender motivated crimes at the federal level. Title III received a lot of criticism due to a variety of reasons. This thesis looks at the question of if Title III is an appropriate way of addressing the problem of violence against women, if criticisms of Title II warranted? What revisions should be made?

The Martinsville Seven: Virginia's Most Controversial Court Case, 1949 - 1951, Michael Dean Plemmons

History Theses & Dissertations

In January, 1949 seven black youths were arrested and charged with brutally beating and raping a white woman in Martinsville, Virginia. The judicial process lasted over two years and gained national and international attention. The defendants were ultimately found guilty and sentenced to death for their ruthless crime. The conviction came as no surprise. The evidence was overwhelming, but the verdict created controversy. Some claimed the youths were victims of Jim Crowism while others believed the punishment was just.

This study explores the events of the case and determines why Martinsville was unique given patterns of racial unrest throughout the …

Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize

Marine Affairs Theses and Major Papers

this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that …

The Expanding Role Of State Government In Oil Pollution Prevention Through Regulation Of The Coastal Tug And Barge Industry, Elise Erica Golden

Marine Affairs Theses and Major Papers

The Oil Pollution Act of 1990 was enacted by Congress in order to streamline the legislative and regulatory framework governing oil spill prevention, liability, and response. However, in the six years since this law was enacted, a proliferation of oil pollution prevention laws have been enacted at the state level. Many of these state laws directly target the oil transportation industry, and such legislation has ignited controversy among marine safety experts as to the appropriate role of state government in preventing oil spills through industry regulation. This thesis examines one such law, recently enacted by the State of Rhode Island …

Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly

Marine Affairs Theses and Major Papers

Harbor management planning is a relatively new concept in this country. What is believed to be the first municipal level harbor management plan (HMP) in the United States originated from a need to resolve a problem of encroachments on a Federal navigation channel in Connecticut. This method of harbor planning was soon recognized as an effective management tool and was used as a model for other coastal communities in the Northeast. While early HMPs primarily focused on mooring management, today's plans address many more harbor issues. The Coastal Zone Management Act was intended to form a national coastal zone management …

Maritime Fisheries Enforcement Analysis Of The Nmfs Northeast Region, John Thomas Davis

Marine Affairs Theses and Major Papers

The success or failure of fishery management plans (FMP's) is dependent upon many factors. One of those factors is the level of compliance to the regulations implementing the conservation and management decisions of the FMP's that is achieved. Although compliance with regulations does not guarantee the success of management efforts, failure to ensure adequate compliance with management objectives results in failed conservation and management efforts. Enforcement is a crucial element towards achieving conservation and management goals. The objective of this paper is to analyze the maritime fisheries enforcement system in the geographic bounds of the national marine Fisheries Service's (NMFS) …

Federal Legislation Needed To Improve Towing Vessel Safety, Paul J. Keenan Jr.

Marine Affairs Theses and Major Papers

To the casual observer, towing vessels and barges, with their low profile and unassuming presence, may seem to be an uninspiring and small part of the shipping scene. However, tank and dry cargo barges actually carry sixty-nine percent of our nation's domestic waterborne commerce. Regulations for large ships, especially oil tankers, have touched every aspect of the shipping industry, including naval architecture, engineering, damage control, manning, training, licensing, etc. Towing vessels and barges however, have largely managed to escape the proliferation of regulation. Current legislation does not provide for the inspection of sea-going towing vessels under three hundred gross tons …

Survey On The Seriousness Of Crime: A Comparison Of Three Police Departments, Terry J. Comnick

Theses Digitization Project

No abstract provided.

Oregon's Carry Concealed Weapon Laws: A Historical Review Of The Right To Personal Protection, Richard Meek Bash

Dissertations and Theses

This thesis reviews many of the historical, constitutional and legal factors behind today's gun control policy and how they relate to the laws governing the carrying of concealed firearms within the state of Oregon. Many legal cases are explored for their impact on the carriage of concealed weapons. A thorough examination was made of the Oregon legislative history behind HB 3470, sponsored by then-House Speaker Vera Katz, which was enacted in July 1989, was effective January 1, 1990, and became the kernel of the snowball passage of CCW (carry concealed weapon) laws within the United States. Statistical tests were conducted …

Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland

Theses: Doctorates and Masters

This thesis investigates law and analyses its representations in popular culture. Law is a powerful institution within western society with a regulatory role that is supported by a range of complementary discourses that accord with society's dominant cultural values. This thesis proposes that while such institutional hegemony is never stable as there is always an expectation of challenge or resistance, law is currently experiencing a series of challenges on numerous fronts. Legal commentators themselves acknowledge that law now faces a ‘crisis of confidence' that may affect its status and impact on its power to control and regulate. Media are cultural …

A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola

Marine Affairs Theses and Major Papers

During the mid-1980's, the crisis in marine insurance and growing concern over fishing vessel safety combined to stimulate passage of the Commercial Fishing Industry Vessel Safety Act of 1988. This law was enacted with the goal of improving the overall safety of commercial fishing industry vessels. However, the Act as passed by Congress contained no provisions for marine insurance reform. As a result, the commercial Fishing Industry Vessel Safety Act offered little incentive for the industry to improve upon its dubious safety record. With the exception of self-insurance clubs, the vast burden of implementing the Act has fallen upon the …

The Effect Of Expert Testimony On Juror Decision Making In Eyewitness Identification Cases, Pamela J. Sullivan

Theses : Honours

The provision of expert testimony for the defence has been demonstrated to sensitise jurors to the variables that may reduce the reliability of an eyewitness identification (Cutler, Dexter, & Penrod, 1989). However, research examining the variables that reduce identification reliability has revealed conflicting findings (Yuille & Cutshall, 1986). Given this disparity in psychological opinion, a situation may arise where opposing expert testimony for the prosecution and the defence is delivered within the same criminal trial This thesis examined the effect of each form of expert testimony about eyewitness identification issues on the decision of the individual juror. The decision making …

"Never Draw Unless You Mean To Shoot": United States Department Of State's Responses To Property Seizures In Latin America, Nathan D. Younge

Graduate Program in International Studies Theses & Dissertations

This thesis examines the U.S. Department of State's diplomatic handling of disputes over the seizure of U.S.-owned property in Latin America between 1937 and 1973. Seizures in Bolivia, Mexico, Guatemala, Cuba, Peru and Chile are used as case studies, and provide examples of successful and unsuccessful diplomatic outcomes.

Several key factors are analyzed in each dispute, including Several key factors are analyzed in each dispute, including whether the Department took a conciliatory or confrontational approach toward each country, the kind of economic pressure applied, the situations under which the Department opted for official diplomatic involvement, and the types of informal …

An Analysis Of Potential Incompatibility Between The Acts Amendment (Evidence Of Children And Others) Act 1992 And Defendants' Rights, V. F. Pearson

Theses : Honours

The need to balance the needs and rights of all parties is a central consideration in legal procedure. This is no simple task, however, when the interests of the defendant are often in direct contrast to those of the witness. Much of the contention arises from the ambiguity associated with the nature of both victims' and defendants' rights and the lack of clear guidelines for the resolution of conflict where such competing interests are involved. Because Australia has no document precisely delineating the nature and content of individual rights, the result is a reliance on an ill-defined combination of common …

The 1868-9 Select Committee On Parliamentary And Municipal Elections : Insights Into The Mid-Victorian Electoral System, Justin Wasserman

Theses : Honours

No abstract provided.

Decision Support Model To Optimize Site Characterization Activities Taken In Compliance With The Comprehensive Environmental Response Compensation And Liability Act, Daniel J. Clairmont

Theses and Dissertations

One of the most frequently cited reasons for the slow and costly progress of Superfund cleanups is the remedial investigation and feasibility study process (RI/FS). After each phase of the RI/FS process there are several possible alternatives that may be chosen. This research developed decision support models to help decision makers choose between the feasible alternatives at five different decision points during site characterization activities. The models make recommendations on how to deal with any particular chemical based on the risk posed by that chemical. The models assume that the value of characterizing the site further is a reduction in …

An Investigation Of Problems In Analyzing Prices Of State-Of-The-Art Commercial Items, Vicki A. Fry

Theses and Dissertations

This research explored whether techniques described in the Armed Services Pricing Manual are sufficient for evaluating prices of leading-edge and modified commercial items. The research was sparked by the Federal Acquisition Streamlining Act Of 1994, which encourages contracting officers to rely on information other than certified cost or pricing data when buying commercial products. Pricing techniques used in five recent acquisitions were investigated through a case-study methodology. The research concludes that current guidance is sufficiently broad to enable the contracting officer to tailor the tools to an acquisition at hand. Research findings, however, indicate that the Department of Defense should …

An Examination Of Agreement Type, Firm Size And Other Factors Affecting The Commercialization Of Air Force Technology, Robert S. Widmann

Theses and Dissertations

The objective of this thesis is to determine if a significant difference in the innovative strength of businesses exists when factors such as firm size, agreement type and other firm attributes are considered. Sample data for this study was collected by a telephone survey from firms selected from the Air Force population of CRDAs and SBIRs for Fiscal Years 1991-1993. The design of this survey, based on one used by Dr. Robert Berger to study SBIR outcomes, determines the degree of commercialization of the firm's product resulting from its agreement with the Air Force. This determination is then employed as …

A Comparative Study Of Linear And Nonlinear Estimate At Completion Methods, Todd D. Nystrom

Theses and Dissertations

Controlling costs in the acquisition of new defense systems is a major challenge in today's environment of declining budgets and rapidly changing technology. One of the challenges faced by program managers and cost analysts is selecting the most appropriate Estimate at Completion (EAC) method for their program. This study compares the performance of the popular index-based EAC methods with several newer nonlinear, regression based EAC methods to determine whether the complex nonlinear methods perform better than the simpler index-based methods. In addition, the sensitivity of the results to stage of contract completion, system type, program phase, contract type, Department of …

Schedule Management Competencies For Department Of Defense Program Managers, Jeffrey F. Brown

Theses and Dissertations

With ongoing public scrutiny of defense system acquisitions, due to numerous program failures resulting from cost and schedule overruns, now, more than ever, cost and schedule-management competencies are critical to program success. This research examined the schedule-management competencies required of defense program managers. A schedule-management competency model was developed from a foundation of past research. The model was evaluated through a mail survey of 484 intermediate and senior level military program managers assigned to Air Force Materiel Command. The results provided by 243 respondents indicate that 25 of the 28 competencies in the model were valuable to program managers and …

The Portland Public School Police: Formative Years - 1937 To 1953, Natalie Anne Woods

Dissertations and Theses

This thesis traces the historical evolution of one of the early responses to youth crime and violence -- public school police. In addition, this thesis addresses the lack of information about the creation and implementation of a public school police force, specifically the Portland Public School Police and School District No. 1, during its formative years, 1937 to 1953. Finally, the thesis intends to address two principal questions: A) Why did the Portland Board of Education find it necessary to create their own police agency? While one opinion suggests that there was a real need for school police due to …

Teaching Ethics In Schools Of Business In Oklahoma Colleges And Universities, Shelsea Ellis

McCabe Thesis Collection

The research in this study seeks to establish the degree to which ethics is included in the business curriculum of four-year colleges and universities in Oklahoma. If ethics is taught as a separate course, the study inquires about the methodology used in that course. If there is not a separate ethics course, the study determines if ethics is included in several courses of the business curriculum. Clarification is also determined as to the percentage of time dedicated to the teaching of ethics and whether or not the dean of the School of Business believes this percentage to be appropriate.