Law Commons^™

Regionalizing Government In Maine: Opportunities For The Future, David Alexander, Alan Baldwin, John Carroll, Elizabeth Chapman, Dorraine Diebold, Lisa Harvey Mcpherson, Daniel Stevenson, Earlene Wilson

Muskie School Capstones and Dissertations

In keeping with his promise to make government work better for the people of Maine, Governor Angus King commissioned the Task Force on Regional Options for Better Government. The Governor charged the task force with recommending some alternative regional arrangements for the delivery of government services currently provided by state or local government. The task force evaluated three services in which regionalism offered some advantages: economic development; demand response transportation; and municipal management information systems.

Presidential Philosophies And American Foreign Policy: From The Long Telegram To The New Look, John R. Moore

History Theses & Dissertations

American foreign policy often undergoes alteration as presidential administrations change. After World War II president Harry S. Truman and President Dwight D. Eisenhower both implemented a foreign policy aimed at containing the Soviet Union, but the philosophical underpinnings of their foreign policies differed greatly. While the demands of partisan and international politics account for some of this difference, the impact on foreign policy of the two men's personalities deserves attention and investigation. In other words, how did the individual backgrounds, personal beliefs and world views of Truman and Eisenhower dictate their approach to foreign policy? The source used in this …

An Examination Of Factors Influencing The Definition Of Rape, Connie Sue Minton

Sociology & Criminal Justice Theses & Dissertations

The purpose of this thesis is to examine the concept of rape and factors which influence the definition of rape. A survey consisting of demographic and attitudinal questions and rape scenarios was administered to college students at two middle-sized universities in the southeast. The results indicate that as the level of intimacy between the victim and the rapist increases the likelihood of a situation being defined as a rape decreases. In this study religion and political attitudes were two independent variables which did not influence the definition of rape while race, gender, relationships with women, and attitudes toward women were …

Assessing The Impact Of Amendment 2 To The Summer Flounder Fishery Management Plan: Implications Of State-By-State Quotas For Vessel Operators, Karen Ellis Greene

Marine Affairs Theses and Major Papers

The state-by-state quota regulation contained in Amendment 2 to the Summer Flounder Fishery Management Plan became effective on January 1, 1993. The research sought to determine the implications that the state-by-state quotas have imposed on federal summer flounder permit holders. commercial fishermen were believed to have landed their summer flounder out-of-state to take advantage of more favorable possession limits in other states, and to have accrued higher costs as a result of their decisions to land out-of-state. A survey was administered to commercial fishermen in Massachusetts, Rhode Island, and North Carolina, to ascertain behavioral changes, as a result of state-by-state …

Liability Issues In The Development Of Electronic Chart Display Information Systems, Daniel R. Martin

Marine Affairs Theses and Major Papers

The Electronic Chart Display Information System (ECDIS) is a new and evolving aid to navigation. Proponents claim ECDIS will help navigators to synthesize previously disparate information and result in safer navigation. The technology to implement ECDIS already exists; the major hurdle the maritime community faces is the legal uncertainties associated with ECDIS. This paper investigates the potential legal impact ECDIS would have on the government, shipowners, mariners, and manufacturers, and evaluates current international efforts to promote ECDIS. Through a detailed analysis of admiralty and aeronautical case history, it is evident that; 1) generation of electronic nautical charts can post a …

The Ocean Research Vessel Act Of 1965: An Inequitable Result Suggests Reevaluation, Philip Alan Sacks

Marine Affairs Theses and Major Papers

In 1965 Congress passed the ocean Research Vessel Act (ORVA) with the purpose of encouraging the nation's efforts in oceanographic studies. Section 4 of the ORVA states that "scientific personnel on an oceanographic research vessel shall not be considered seamen under the provisions of title 53 of the Revised Statues...". As a result of a literal interpretation of this wording, the Courts have ruled that scientific personnel are excluded from the beneficial remedies afforded all other seamen under the Jones Act. Some courts have also denied an injured scientist "seaman status" under the general maritime law. This paper argues that …

Attitudes Toward Hiring And Working With Homosexuals In Southern California Law Enforcement Agencies, James Frederick Doyle

Theses Digitization Project

The purpose of this research is to examine the acceptability of male homosexuals in law enforcement as determined by those currently employed as sworn officers in Southern California. Law enforcement has historically been reluctant to accept "outsiders" within its ranks. It has only been within the last 25 years that women and minorities have sought to enter the law enforcement profession in significant numbers, and it took legislative action and law suits to make this a reality.

The Continuing Evolution Of Policing: Community Oriented Policing In The Civilian Sector And Its Applicability In The Military Environment, Ralph George Schindler

Theses Digitization Project

The history of urban policing paints an evolutionary picture describing the various forces that impinged on society's earliest efforts at public policing and led to numerous reforms culminating in what has been termed the professional model of policing. The dynamics of an ever-changing urban society continued to present new challenges to policing and have driven police administrators and politicians to seek new methods of responding to society's criminal element.

How Is The Russian Embargo Going To Effect The Urner Barry's Price Quoting For The United States Export Market?, Steven Lambersky

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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"Cold Case" Investigations Within Fairfax County: Turning The Liability Of Time Into An Asset, Rodney L. Gohn

Theses and Dissertations

No department or individual involved in the investigation of homicides is ever going to have a 100% closure rate. Therefore, many departments will be faced with a situation where another homicide happens before they are finished handling the previous one.

How does one manage these open cases; how often are they reviewed; and who is responsible once the assigned detective is either transferred or leaves the unit or department? Someone has to be able to answer questions from the family, media and anyone else who might inquire about the case.

Based on the number of unsolved homicide cases within Fairfax …

North American Sea Urchin Fishery Management Strategies: Their Applicability To The Maine Green Sea Urchin Fishery, Kate Sullivan

Marine Affairs Theses and Major Papers

The Maine green sea urchin fishery has experienced dramatic growth since its inception in 1987. Landings have increased from 1.4 million pounds in 1987 to 41.6 million pounds in 1993 (NMFS, Fisheries Statistics). The reproductive gonads, referred to as roe or 'uni' are shipped fresh from Maine to japan, where the uni is a delicacy item fetching high unit prices on the Japanese fish market. The green sea urchin from Maine, Strongylocentrotus droebachiensis, is the third highest priced sea urchin product imported in Japan (Anon., 1989). Country-wide, sea urchin fisheries are one of the fastest growing fishing industries (Phu, …

Atlantic Bluefin Tuna Management, Jeffrey C. Fisher

Marine Affairs Theses and Major Papers

The International Commission for the Conservation of Atlantic Tunas (ICCAT) and federal management under the U.S. National marine Fisheries Service (NMFS) has certainly been contentious. Atlantic bluefin tuna have been managed at the international level by ICCAT for the past 25 years. NMFS is the organization responsible for implementing ICCAT recommended conservation and management measures in the United States. In an attempt to halt an apparent decline in the abundance of bluefin tuna in the western Atlantic, ICCAT has recommended strict management measures including catch quotas, minimum sizes, "no-sale" provisions, and spawning area protection since 1981. ICCAT had recommended in …

Subpopulation Heterogeneity And Statistical Unreliability In Forensic Dna Typing, Nick Craig

Presidential Scholars Theses (1990 – 2006)

This paper consists of an overview of the procedures and criticisms involved in current forensic DNA typing. The opening presents a brief introduction to the genetic characteristics of DNA, followed by a review of the typing procedure. The main emphasis of the paper is the criticisms of the current procedure. These criticisms include an attack on the independence assumption and its justification of the use of the multiplication rule in calculating test results. A number of experts have proposed that heterogeneity within ethnic subpopulations may significantly undermine the independence assumption and render invalid the use of the multiplication rule. Others …

A Correlational Study Of The Sei's Capability Maturity Model And Software Development Performance In Dod Contracts, Robert M. Flowe, James B. Thordahl

Theses and Dissertations

The Software Engineering Institute's (SEl's) Capability Maturity Model (CMM) is to measure an organization's software development process maturity. The Department of Defense (DoD) has model with the belief that a more mature software development process will result in a more successful software subject. Although there is a growing body of anecdotal evidence supporting this presumed correlation, there is empirical evidence. Thus, the goal of our research was to determine the nature of the correlation, if any, :ware process maturity and software project success, where process maturity is based on a CMM rating and success based on the parameters of cost …

An Assessment Of Factors That Affect The Employment Of Alternative Dispute Resolution Techniques To Resolve Contract Disputes, Jeffrey T. Journey, Bradley T. Riddle

Theses and Dissertations

This study investigated the factors which potentially influence contracting and legal professionals’ decisions to employ Alternative Dispute Resolution ADR techniques to resolve contract disputes. A literature review revealed that unawareness, excessive oversight, lack of management support, over-regulation, and interdisciplinary conflict on acquisition teams are or have been the most prominent factors discouraging the use of ADR. An additional background investigation determined that the United States Army, the Army Corps of Engineers, and the Navy had extensive experience and expertise regarding ADR use. Therefore, surveys over 250 were administered to various contracting and legal offices throughout these agencies, of which 57 …

Cost And Schedule Benchmarks For Defense Acquisition Contracts, Glenn W. Buchfeller, Donald E. Kehl

Theses and Dissertations

Managers of Department of Defense programs would benefit from having cost and schedule benchmarks that are based on the historical performance of similar programs. This research generated cost and schedule variance in percent benchmarks for 48 collectively exhaustive and mutually exclusive categories of DoD contracts. The ANOVA nested design methodology was used to compare these cost and schedule benchmarks across related categories of contracts to determine if the benchmarks were statistically significantly different. Such statistical difference would ensure program managers had a very specific tool tailored to their unique needs. Due to some relatively small sample sizes in the study, …

Defining International Contracting Terms, Lisa F. Brown, Tony D. White

Theses and Dissertations

The purpose of this thesis was to continue the research effort of establishing a baseline of contracting terms which was initiated by Lieutenant Commander Daniel L. Ryan. By accomplishing a thorough literature review, 51 international contracting terms and their existing definitions were gathered and analyzed. The results from the initial analysis were compiled and formed the basis of the draft mail questionnaires which were sent to a panel of experts in the international acquisitions field for feedback. Likert scale ratings and written comments from the panel of experts from the draft survey were used to improve our data collecting instrument. …

A Study To Determine If Newly Developed Budget At Completion (Bac) Adjustment Factors Improve The Success Of Prevalent Index-Based Estimate At Completion (Eac) Techniques, Timothy L. Elkinton, Todd J. Gondeck

Theses and Dissertations

The purpose of this study was to develop Budget At Completion BAC adjustment factors BAFs which, when used in conjunction with existing Estimate At Completion EAC techniques improve the success of existing EAC techniques. These factors attempted to account for changing contract requirements which are certain to occur on DoD contracts. These changing requirements often result in a need to add scope and budget to a contract or can cause contract cost overruns requiring additional budget. Improving the success of these EAC techniques is increasingly important because of the budget cuts being experienced by the DoD in todays changing economic …

The Certification Program, Training, And Competencies--An Examination Of The Air Force Contracting Work Force's Response To The Sufficiency Of Professional Training, Patty L. Jones, Suzanne Staugler

Theses and Dissertations

This study determined to what extent AF contracting personnel training needs are sufficiently being satisfied by the current DoD training as outlined in DoD 5000,52M. A convenience sample was employed. 499 surveys were administered to Professional Continuing Education students for various level I through III courses. 320 surveys were used for the data base, achieving a 64.1 response rate. The results of this study show that the training requirements were viewed as sufficiently ensuring that the AF has a mission ready professional work force by slightly more than half of the respondents. However, the training component was ranked as the …

Defective Pricing: An Analysis Of Factors Affecting Sustention Rates And Disposition Times, Tracey D. Kop

Theses and Dissertations

Defective pricing occurs when contractors fail to disclose current, accurate, and complete cost or pricing data in their proposals. Failure to submit valid data entitles the government to a refund in the amount of overpayment. With the current backlog of overage defective pricing cases and the continuing decline in sustention rates, a better understanding of the factors affecting timely and successful recoupment of defective pricing funds is needed. This research identifies factors which significantly affect sustention rates and disposition times and presents models to predict both rates and times. Factors were identified through a literature review and interviews with defective …

The Effect Of Violations Of The Constant Demand Assumption On The Defense Logistic Agency Requirements Model, William S. Long, Douglas H. Engberson

Theses and Dissertations

This project determined the impact of stationary but non-continuous demand levied in a multi-echelon system. Specifically discussed is how this lumpy demand affected the Defense Logistics Agency, Defense Electronics Supply Center in its computed inventory levels and total variable costs. To determine the impact of lumpy demand, data was extracted from the Defense Logistics Agency, Defense Electronics Supply Center Dayton, Ohio. Based on patterns of demand and distributions, the authors constructed a SLAM 2 model that depicted lumpy orders being received at the Defense Logistics Agency. The SLAM 2 model was constructed for the proposed system and simulation runs were …

An Investigation Into The Pitfalls, Consequences, And Best Practices During The Evaluation, Negotiation And Award Phases Of A Source Selection In Afmc Product Centers, Scott A. Savoie

Theses and Dissertations

Source Selection is the process used by the Federal government to select contractors for large, complex and important requirements. Recent studies have indicated that the in experience of source selection personnel continues to be a significant problem in source selections. Air Force Federal Acquisition Regulation Appendix AA requires that lessons learned be compiled at the conclusion of every source selection. Unfortunately, there has been little success in organizing this information into a coherent training guide. This research attempts to fill this gap by using source selection experts to identify source selection pitfalls, their consequences, and the best practices to avoid …

Analysis Of The Air Force's Clean Water Act Notice Of Violations As A Managerial Tool In Achieving Compliance, Sandra J. Beneway

Theses and Dissertations

In 1988, the General Accounting Office released the report Water Pollution: Stronger Enforcement Needed to Improve Compliance at Federal Facilities. The report claimed Federal Facilities were in noncompliance of environmental statutes at twice the rate of nonfederal facilities. The Air Force chain of command, from Chief of Staff to Commander and Chief, emphasize environmental compliance is expected at all Air Force Facilities. To enhance the Air Force's Clean Water Compliance Program, past noncompliance violations were compiled and an analysis performed assessing the value of the past violation trends as managerial tools in achieving compliance. The database chosen for the analysis …

The Development Of The Better Schools Program In Tennessee From 1981 To 1986, Daris A. Gose

Electronic Theses and Dissertations

The purpose of this study was to investigate the origin, development, and implementation of the Better Schools Program in Tennessee. Materials were gathered from East Tennessee State University Library, University of Tennessee Library, Walters State Community College Library, Belmont University Library, Tennessee State Library and Archives and Morristown-Hamblen County Library. These materials consisted of government documents, presidential and gubernatorial speeches, audio and video tapes, books, and periodicals. Personal interviews were also collected from two TEA members and seven legislators. The materials were analyzed, and important passages were marked, incorporated into the paper, and documented. The research questions were (1) What …

A Comparative Study Of Black And White Girls' Delinquency, Kenya Larae Covington

Sociology & Criminal Justice Theses & Dissertations

In this research, I examined the similarities and differences between black and white female delinquents. A secondary analysis of the Survey of Youth in Custody, 1987 data was utilized to answer the following research questions: (1) What factors contribute to each group's delinquency the most? (2) Are the factors that contribute to black girls' delinquency significantly different from those factors that contribute to white girls' delinquency? The study was guided by previous research on race and female delinquency, girls' victimization, the role of the family and school performance. The independent variables victimization, family structure, family function and school performance were …

Regulation Of Dental Hygienists: Its Effect On Disciplinary Action And Opinions Of Regulatory Board Members In The United States And Canada, Jodie A. Mueller

Dental Hygiene Theses & Dissertations

The purpose of this study was two-fold. The first was to examine the effect of regulatory status (dentist versus dental hygienist control) on disciplinary sanctions for dental hygiene practitioners. The second was to assess the opinions of board members concerning the regulation of the practice of dental hygiene. Regulatory bodies from jurisdictions with and without dental hygiene self-regulation in both Canada and the United States respectively were examined to determine if differences exist in opinions and sanctions exercised by the two. A self-designed questionnaire titled the Mueller-Dental Hygiene Regulatory Questionnaire was used to obtain descriptive data on a sample of …

Asl? Language Foreign Me? Homeborn: Conflicts Between Juror Laws And American Sign Language Interpretation For A Deaf Juror: An Unrecognized Problem, Jean T. Jims

Undergraduate University Honors Capstones

American Sign Language is not English, but many deaf Americans use it as their primary language; some their only language. Federal and most state. Statutes which establish juror qualifications have English language requirements. This thesis will explain how those requirements are contradictory when applied to a deaf juror who would require American Sign Language (ASL) interpretation during service as a juror, and propose that it would be in the best interests of the judicial system to recognize those contradictions and address the problem. Legislative history does not offer a clear answer, and the issue is sufficiently in doubt that legislative …

The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase

Marine Affairs Theses and Major Papers

There is an increasingly powerful and vocal group coalescing in society today, sometimes described as anti-environmentalists or Property Firsters, who feel that the government has exceeded its authority in interfering with individual rights for the purpose of protecting natural resources. Regardless of any personal convictions regarding this often emotionally-charged issue, people involved in coastal management and planning should be aware of the changes in legal doctrines which have come about as a result of "property first" challenges to regulatory or zoning statutes. These challenges have been pursued successfully in the courts by characterizing state and local land use ordinances as …

Towing Vessel Safety: Analysis Of Congressional And Coast Guard Investigative Response To Operator Involvement In Casualties Where A Presumption Of Negligence Exist, Paul J. Cormier

Marine Affairs Theses and Major Papers

Legislation proposed by members of the 103rd Congress to address towing vessel safety resulted from three focusing events. The proposed legislation was not passed. There is a continuing need to address the human element in marine casualties. Prevention through enforcement is a viable solution to some human causal factors. Numerous personnel investigations which should have been initiated following towing vessel groundings during 1992 and 1993, were not pursued; despite a presumption of negligence that exists in grounding cases. Due to the presumption, all groundings, and particularly those attributed to human factors during a casualty investigation provide sufficient reason to initiate …

State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis

Marine Affairs Theses and Major Papers

In recent times, there has been a proliferation of laws enacted by individual states and townships which restrict the ability of mariners to anchor within navigable waters of the United States. These laws have been enacted in many of the coastal states, but are most prevalent in California, Florida and Hawaii. Uncertainty as to whether anchoring is an act of navigation, thereby being a constitutional right, has resulted in confusion among boaters, legal authorities and policy makers. In an attempt to clarify the uncertainty surrounding this issue, a lawsuit challenging the constitutionality of anchoring laws within the State of Hawaii …