Law Commons^™

The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure

Marine Affairs Theses and Major Papers

During the 1991 Persian Gulf War, the retreating Iraqis caused the deliberate discharge of six million barrels of oil into the shallow waters of the Persian Gulf. The immediate impact on the ecosystem was dramatic, and, because of the intense media coverage of the conflict, highly visible to the American public. The spill popularized the term 'ecoterrorism' and raised serious questions about the applicability of international law to the situation. There are numerous conventions that seek to establish standards of due diligence for the prevention of accidental pollution and to impose civil liability on those who damage the environment, but …

Trust In Courtroom Participants: A Question Of Bias In Prospective Jurors, Robin Leslie Adrian

Theses Digitization Project

No abstract provided.

The Role Of The Paralegal Today, Marie C. Stortz

Theses Digitization Project

The primary focus of this thesis is to examine the utilization of paralegals in the job market. A summary and analysis of the paralegal role will include career development, level of academic education, and employment outlook.

A Study To Determine Local Employers' Perspectives Regarding The Americans With Disabilities Act, Julia Latham Blanchard

Theses Digitization Project

This study was designed to explore the implementation strategies and effectiveness of a sample of major employers from several small suburbs of Los Angeles, in Southern California, regarding the Americans with Disabilities Act.

Mentoring With Youthful Offenders: An Implementation Evaluation, R. Steve Lowe

Theses Digitization Project

No abstract provided.

California Conservatorships: An Examination Into Ethics, Standards, And Judical Monitoring, Lucille Castillo Lyon

Theses Digitization Project

No abstract provided.

Should A U.S. Company Doing Business In The European Union Hire A Cross-Cultural Expert?, Patrick Henning

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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Towards A Theoretical Foundation For The Success Of International Sanctions, Ellie Cross

Theses : Honours

No abstract provided.

Implications Of Process Control And Decision Control In Victim Mediation And Restitution, F. L. Cefalo

Theses : Honours

This study examines the perceptions of victims and non-victims towards legal procedures which provide a hypothetical victim of property crime varying opportunities to actively participate in the justice process. Some of the variations of victim participation in the procedures examined are comparable to opportunities for victim participation in the procedure victim offender mediation. Other variations represent court procedures In which participation in the justice process by victims of crime is not required. In an experimental scenario study, the first part of this study examines perceptions of fairness of different variations of victim participation in the justice process. The second part …

Reforms In Legislation Governing Judicial Organization In The Soviet Union And In Present-Day Russia: The New Law “On The Status Of Judges In The Russian Federation”, Jason Jeremy Kilborn

Presidential Scholars Theses (1990 – 2006)

Much scholarly work has been done in the area of Soviet-era law and legal procedure, and this paper attempts to make a continuing contribution to that effort in the new era of the Russian Federation. Drawing upon first-hand experience in the Kuibyshevskii court, this paper will attempt to shed some light on the recent reorganization of the judiciary in Russia by revealing and analyzing very recent changes in the new law concerning the status of judges in Russia. Along the way some speculations on the initial and continuing impact of these reforms on Russian criminal justice will be offered as …

Mirroring Reality? An Examination Of Popular Culture’S Depiction Of Female Attorneys In Contrast With The Female Attorney’S Real World, Jena Smith-Malfatti

Honors Capstones

No abstract provided.

The Adversarial And Mediation Processes: An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey

Sociology & Criminal Justice Theses & Dissertations

In recent years, the Juvenile and Domestic Relations Courts have seen increases in child custody disputes. This increase has caused many jurisdictions to seek alternatives to the traditional adversarial process. Mediation has attracted the most attention. Several jurisdictions such as Norfolk, Virginia, the one used in this study, now refer parents to mediation before the court will hear the case.

Unlike previous studies where divorce mediation was researched with child custody being one of the factors, this study examines the differences in the outcomes of the mediation and litigation processes used to solve only child custody disputes. The outcomes examined …

System Acquisition Management: Exploring The Relationship Between Program And Contract Management Personnel At Air Force Product Centers, Robert A. Bruce, Aron R. Krischel

Theses and Dissertations

The purpose of this study was to test if relationship problems exist between program and contract management personnel working in system-level acquisition throughout Air Force Materiel Command (AFMC). We used a survey instrument to examine a representative sample of program and contract management personnel assigned to various product centers. A similar study was conducted at Aeronautical Systems Division in 1991. However, the survey instrument was inadequate for deriving certain results. Consequently, we improved upon he prior survey and obtained more definite findings. Survey results showed that most program and contract managers believe conflict exists, Also, six of the twelve independent …

A Strategy For Combining The Pollution Prevention Opportunity Assessment With The Environmental Compliance Assessment And Management Program, Stacy E. Gent

Theses and Dissertations

This research develops a method to allow an installation environmental function to satisfy the assessment requirements of both the Air Force Pollution Prevention and the Environmental Compliance Assessment and Management Program with the implementation of one assessment process. The model developed is designed to achieve the goals of both programs while increasing the efficiency of implementation. The resulting assessment model formulated within this research is applied on a theoretical level to yield preliminary results. These results indicate that the combination of the Pollution Prevention Opportunity Assessment and the environmental compliance assessment required by the Environmental Compliance Assessment and Management Program …

Content Of Air Force Institute Of Technology Course Con 331 As Determined By Experts In The Field: A Contracting Survey Analysis Using The Delphi Technique, Michael L. Grove, Eddie L. Upshaw

Theses and Dissertations

The goal of this thesis was to determine recommended topics to be taught in the Air Force Institute of Technology Professional Continuing Education course CON 331-Executive Cost and Price Analysis. This determination of course content was necessary due to the changes required by the implementation of Department of Defense Directive 5000.52-M, Career Development Program for Acquisition Personnel. The determination was accomplished by developing a list of suggested topics and surveying a panel of six Government pricing executives, managers, and experts via the Delphi method. Kendall's Coefficient of Concordance test was utilized to determine the significance of agreement between the experts. …

Defining Acquisition Related Terms, Nancy F. Stormer, Richard A. Zigman

Theses and Dissertations

The purpose of this thesis is to provide clear and cogent operational definitions of contracting terms used in today's Federal acquisition environment. This thesis is the last of the current continuing series of research efforts sponsored by the National Contract Management Association (NCMA) with the common goal of creating a dictionary of contracting and acquisition related terms, validated by synthesizing information found in current literature into proposed definitions and surveying proven acquisition authorities for their agreement or comments, thereby arriving at a consensus as to their current usage. This research effort has been conducted by military and civilian Masters candidates …

Development Of Standardized S Curves For The Evaluation Of Major Department Of Defense Purchases, Richard E. Knepp, Michael E. Stroble

Theses and Dissertations

The increasing cost of Department of Defense acquisitions combined with the shrinking Defense budget puts a premium on continuing the funding of only those programs that are practical and affordable. This emphasizes a need for good methods of monitoring the progress of programs. Current methods of controlling and evaluating cost performance are limited. It is our belief that the generation of S-curves using current Cost and Schedule Control Systems Criteria (C/SCSC) data will provide a mathematical and/or graphical approach to assist in the control of program costs. This thesis attempted to plot the percentage of time for a contract's completion …

Development Of The Air Force Contingency Contracting Course Framework, David A. Bethany, Michael A. Miller

Theses and Dissertations

The objective of this research was to develop a framework for a standardized Air Force Contingency Contracting course. This task was undertaken due to the occurrence of a common recommendation calling for specialized training in Contingency Contracting. The recommendation was found in several AFIT theses, as well as, various after action reports generated due to the experience gained during Operation Desert Shield/Storm and Hurricane Andrew. This thesis answered the basic questions of need, content, and structure for a future course in Contingency Contracting. Using an exploratory research design, the research team was able to conduct an extensive analysis on completed …

A Study Of Air Force Theater-Based Contingency Contracting Training Requirements For A Power Projection Strategy, Jon B. Tigges, Thomas J. Snyder

Theses and Dissertations

This research examined the training needs for contingency contracting officers for a Power Projection Strategy. Contingency contracting officers (CCOs) that deployed to Operation Desert Shield/Storm (ODS) where asked to provide their perceptions of the training they received before ODS, training and equipment needs identified as a result of lessons learned from ODS, and whether current training meets those needs. The results of the study show that CCOs believe there are many areas of training that can be improved to ensure future contingency participants do not have to relearn the same lessons of ODS.

Nipars: An Analysis Of Procurement Performance And Cost For Nonstandard Items, Susan J. Brown

Theses and Dissertations

In a world climate of declining defence budgets and contracting force structures, there is an increasing requirement for Australia to ensure value for money when undertaking defence purchases. Cognisant of this increasing financial pressure, the purpose of this thesis is to research the NIPARS program and determine the degree to which it provides Australia and other FMS customers value for money in the field of nonstandard parts procurement. The research problem of this thesis was identified by the Royal Australian Air Force (RAAF) Supply Liaison Officer at WFAFB. The RAAF had participated in the NIPARS program for twelve months without …

Contracting For Schedule Performance: The Relationship Between Pre- Contract-Award Management Actions By The Dod And The Resultant Schedule Performance, Richard G. Hazeldean, John R. Topfer

Theses and Dissertations

This research focused on the pre-contract-award management actions of small-scale, design and development contracts and the relationship of these actions to schedule performance. Three phases of the contractual process were studied: the planning, specifying, and controlling phases. A sample of 25 contracts from SPOs at Wright-Patterson AFB was obtained. Data on the variables were obtained directly from the contract files and from the contract-management database, AMIS. Regression analysis techniques were used to identify the pre- contract-award management actions that were related to schedule performance. The number of contract modifications was found to be the most significant factor related to schedule …

Analysis Of Cost And Schedule Growth On Sole Source And Competitive Air Force Contracts, Klaes W. Wandland, Gary P. Wickman

Theses and Dissertations

This study investigated if differences exist in the cost and schedule growth of competed versus sole source contracts. Prior studies concentrated mainly on estimated savings from competition at the time of contract award. This study expanded prior analysis by investigating the cost and schedule growth over the contract's period of performance. In addition to an analysis between competed and sole source contracts, this study investigated if differences exist between lower and higher risk contracts as well as lower and higher initial priced contracts. When comparing competed and sole source contracts the results were consistent, with sole source contracts exhibiting an …

The Fourth Amendment: History And Development Of The Reasonable Search, Bradley L. Tilt

Undergraduate Honors Capstone Projects

The existence of the search and seizure restrictions encoded in the Fourth Amendment to the United States Constitution is the result of a two part historical development that took place simultaneously in England and the American colonies. Severe legislative restrictions on the press were largely responsible for the developments in England, while in the colonies it was British tax and trade regulations that spawned the changes. On both sides of the Atlantic, however, the primary catalyst was the government's use of general searches in the enforcement of those laws. It was the continued abuse of general searches despite the public's …

Judicial Decision Making And Public Opinion In The Warren And Burger Courts, Nancy L. Siemion

Masters Theses

For many scholars, the Warren Court is the epitome of antimajoritarian policy making since many of the Court's decisions overturned legislation passed by Representatives of the people. By examining nationwide public opinion polls in that era that ask the public their thoughts about particular issues the Warren Court has ruled on, it is evident that most of these rulings were truly majoritarian and received public approval. In addition, this thesis analyzes some recent studies that discern national attitudes with respect to government policy making (public mood), assessing congruity or incongruity between the Court's liberalism and public policy mood which provides …

Trade Friction Between The United States And Japan: An Analysis Of The Situation In 1992, Mariko Hirano

Masters Theses

Trade friction between the United States and Japan is discussed and it is shown why negotiations like Structural Impediments Initiative Talks alone have not improved the trade relations between the two countries. This is not only because of fundamental cultural and economic differences, but because of significant differences in the interests of Japanese business, Japanese government, American business, and American government. The Japanese political system is described. A detailed description of Japanese conglomerated system (keiretsu) is presented. This conglomerate system is often viewed as a major obstacle by foreign companies to do business in Japan. The views of American politicians …

Lola G. Baldwin And The Professionalization Of Women's Police Work, 1905-1922, Gloria Elizabeth Myers

Dissertations and Theses

This thesis traces the emergence of the American policewomen's movement through the career of Portland, Oregon's Lola Greene Baldwin, the first such officer hired by a municipality. It recounts the conditions which marked Baldwin's transition from a volunteer moral purity worker to a professional urban vice detective. The thesis connects Baldwin and her new profession to the Progressive era's social hygiene impulse. It considers how government absorption of the social hygiene agenda influenced the enforcement attitudes and methods of the early policewoman. Further, this work looks at the way Baldwin functioned within the bureaucracies and political structures of her environment. …

The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr.

Marine Affairs Theses and Major Papers

The controversy between Japan and Russia over the ownership of the Kuril Islands is a significant barrier to improved diplomatic relations in the Far Eastern region. Because of this dispute, Japan and Russia have not yet signed a peace treaty to formally end the second world war and neither side seems willing to make any significant concessions to reach a compromise. The issue of ownership of these islands has been a continuing focal point of Russo-Japanese relations since the two nations first made contact in the late eighteenth century. The various aspects of this dispute are complex and have continued …

Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi

Marine Affairs Theses and Major Papers

This paper will examine the evolving role of the port State with regard to the enforcement of international safety of life at sea and pollution control standards and its effect on improving maritime safety and reducing vessel-source pollution. Chapter 2 will analyze the flag State enforcement regime, with particular emphasis on flags of convenience or open registries countries demonstrating the inadequacy of flag State enforcement and the need for port State control. Chapter 3 will examine the concept and legal requirements of the port State control regime. Chapter 4 will focus on the role of the port State with respect …

Wellness Programs In Police Departments And How They Effect Workers' Compensation Claims, Herbert G. Mckee Jr.

Theses Digitization Project

No abstract provided.

Battered Women Who Kill: Perspectives Of Prosecutors Who Have Tried "Burning Bed" Cases, Gena Christine Philibert-Ortega

Theses Digitization Project

No abstract provided.