Law Commons^™

Decentralization And Public Participation In Urban Egypt, Joseph J Marino

Archived Theses and Dissertations

No abstract provided.

Maritime Administration And Maritime Law In Somalia, Sheik-Hussein

World Maritime University Dissertations

No abstract provided.

Juvenile Delinquency In Saudi Arabia, Yousef Ahmed Alromaih

Dissertations and Theses

The present study involved an examination of the delinquency problem in Saudi Arabia within the framework of social control theory. Specifically, the study was based on the thesis set forth by Travis Hirschi, i.e., that delinquent acts result when an individual's bond to society is weak or broken. Also taken into account, however, were the findings from the research of Wiatrowski, et al. that suggest a need for a) some modifications in Hirschi's conceptual framework and b) inclusion of socio-economic factors in the social control model.

Formulation Of The Comprehensive Employment And Training Act Of 1973, Gary G. Skalangya

Dissertations and Theses

This thesis was intended to delineate the factors contributing to the formulation of the Comprehensive Employment and Training Act (CETA) of 1973--a unique attempt at overhauling federal employment and training policy as well as one of the early efforts at devolving control over grants-in-aid to the subnational level.

Information was obtained from the literature on this policy area, plus documentary sources; such as records of Congressional hearings. From this information, an analytical framework was developed, in which factors contributing to the formulation were classified as; contextual, ideological and those in the form of actors' objectives.

It was found that CETA …

Emerging Legal Theories Of Educational Malpractice And Judicial Rejection, Tanya Ruth Von Gustedt

Theses, Dissertations and Capstones

This is a study of the current legal theories, elements, and courts’ stances affecting educational malpractice litigation. General and legal issues were researched as a basis to identify court attitudes and general public pressures. The study also took a look at the question of possible avenues for dealing with problems of educational malpractice. Should the courts decide why Johnny can’t read and award monetary damages? Should the legislature deal with the problem of faulty education, or should a totally different agency become involved in such an undertaking?

Related fields, such as medical malpractice, torts, contract theory, and responsiblities and obligations …

The Political Role Of Superintendents In State Educational Decision Making As Perceived By Superintendents And West Virginia Legislators, Mark Anthony Manchin

Theses, Dissertations and Capstones

Purpose

This study was done to determine (1) if members of the West Virginia Legislature and county superintendents were in agreement as to the role superintendents are taking and should take politically state educational decision making process, (2) if the superintendents and legislators were in agreement as to the political climate presently in the State of West Virginia, and (3) what part certain independent variables play in the actual political role of superintendents.

Procedure

The instrument for the study was a questionnaire designed and validated by Moore, used in the state of Colorado for a similar study. The questionnaire consisted …

U.S./Japanese Fishery Relations: Reflections On The Past And The Unsettled Future, Matthew Axel

Marine Affairs Theses and Major Papers

U.S.-Japan fisheries history spans over a half-century of controversy. A variety of developments have taken place over this period from past to present illustrating this point. This paper will present this subject in three parts, corresponding to the historical developments that have taken place. The saga begins with U.S. post-World War II aid in rebuilding the Japanese tuna, whaling and salmon fleets. Round two examines the rapid expansion of the Japanese utilization of Alaska pollock and the development of the surimi trawlers in the early 1960s. Finally, round three, which will encompass the majority of the subject matter discussed, begins …

Carriage Of The Package By Sea: An Analysis Of Laws Governing Shipowner Liability For Cargo Damange, Amy M. Stone

Marine Affairs Theses and Major Papers

This thesis traces the development of laws governing limitation of shipowner liability to cargo owners from the Harter Act to the Hague Rules and the Carriage of Goods by Sea Act (COGSA). The inadequacy of the $500 per package limitation of liability as protection to shippers is illustrated through the use of case studies by comparing the application of this provision to break-bulk shipments when COGSA was first passed to its application today in the age of containerization. The efforts of the major maritime nations to revise the Hague Rules/COGSA system in the Visby Amendments are examined and compared to …

Interstate Fisheries Management Problems: The Case Of Striped Bass, Richard Randall Schneider

Marine Affairs Theses and Major Papers

The striped bass (Morone saxatilis), or rockfish, fishery has been important both commercially and recreationally for decades along the Atlantic seaboard. In recent years, though, the fishery has undergone a serious decline and, as a result, has elicited considerable public concern. Although specific reasons for the decline have not been pinpointed, it is clear that inconsistent management practices within the range of striped bass have done little to help the fishery's condition. An anadromous species, striped bass spawn in the fresh water reaches of estuaries, after which many of the individuals return to the coastal ocean. In the Atlantic, the …

An Analysis Of Parental Rights In The Education Of Their Children, Marylou Brain Mundy

All Master's Theses

This study presents an analysis of the parental rights involved in the selection and direction of the education of their children.

Six kinds of source materials are examined in the study: (1) legal citations, annotations, and digests; (2) constitutions, laws, codes, statutes, rules, regulations, policies, and proceedings; (3) law reports, reviews and analyses; (4) general reading lists, books and periodicals; and (5) related graduate degree dissertations.

There were two major reasons for analysis of parents' rights in the affairs of learning and education of their children. They include (1) that many of the controversies involving parental rights have their roots …

Student Rights: U.S. Supreme Court Cases-- Their Implications For And Implementation In Washington Schools, Angela Dawn Ramsey

All Master's Theses

The relationship between national litigation and state legislation was studied. Seven areas of student rights were used in categorizing Washington State's educational laws and policies, and twenty-three precedent-setting United States Supreme Court cases. The results showed support for the hypothesis that national litigation impacts state legislation in educational policy-making. Implications for and impact that this has upon the future are discussed.

Ending Subsidized Degradation: The Ocean Dumping Example, Brenda Asher Dillman

Marine Affairs Theses and Major Papers

There is no way to measure, on a global scale, the pollution dumped directly into the oceans, let alone all the tens of thousands of particulates, toxics, and gaseous substances are added each day to the atmosphere surrounding the New York Bight. The aim of this paper is to develop a user fee framework for the ocean dumping of municipal sludge. Such a proposal requires a radical departure from the standards and enforcement approach of today's legislation. The ocean dumping of municipal sludge, while accounting for only a small percentage of the total waste dumped into the Bight, has proven …

Legal Status Of Developed Tidelands In The Northeast: A Three-State Sampling, Anne F. Ackenhusen

Marine Affairs Theses and Major Papers

The tidelands law of the United States has evolved sporadically. As the nation's population pressures have increased, and every conceivable type of development hasattempted to locate in the coastal zone (1), the regulationof tidelands has become increasingly stringent. No longer can a private party fill an acre of tidelands on whim. Inthe past, however, unauthorized tideland development was a frequent occurrence. Thus current state governments must deal with a legacy of improperly filled tidelands. This paper will examine some of the states' attempts to address the problem of illegally improved tidelands.

Orvs On The Cape Cod National Seashore, Karen G. Chaffee

Marine Affairs Theses and Major Papers

With the creation of a National Seashore, we incur the responsibility of maintaining and preserving it. Since the establishment of the Cape Cod National Seashore in 1961, the use of off-road vehicles (ORV's) has increased dramatically. These vehicles damage the fragile ecosystems of the seashore. The National Park Service Cooperative Research Unit at the University of Massachusetts, Amherst was commissioned to undertake a five year study of the many facets of off-road vehicle impact on beach and dune as well as salt marsh and tidal flats.

The Emerging Regime Of Islands As Archipelagic States, Frank Gable

Marine Affairs Theses and Major Papers

This essay will discuss the significance of islands as archipelagos, i.e. any two or more islands identified politically as one entity. Within the body of this report will be references regarding the historical background to archipelagos and how they emerged into international topics of law. Further, the differences international law affords coastal archipelagos as opposed to outlying mid-ocean archipelagos will be interpreted. These differences include, for instance, the design of baselines used to enclose territorial waters. As the paper progresses, the reader will being to see how the Third United Nations Conference on the Law of the Sea (UNCLOS (III) …

Ixtoc I: Case Study Of A Major Oil Spill, Peter G. Myer

Marine Affairs Theses and Major Papers

The most disastrous oil spill the western hemisphere has ever witnessed occurred during the 10 months between June 1979 and March 1980, when the experimental well IXTOC I blew out off the coast of Mexico's Yucatan Peninsula. The disaster's effects on South Texas virtually destroyed a year's earnings for the region's tourism industry and cut into the profits of many commercial fishermen. The activities at the well that caused the blowout and subsequent spill, the effects of the oil on Texas' Gulf Coast, and the legal attempts to recover against losses suffered as a result of the spill will be …

The National And International Legal Complications Of Subseabed Emplacement Of High-Level Nuclear Waste, Lynn Carlson

Marine Affairs Theses and Major Papers

High-level radioactive waste produced by nuclear power generation, weapons production, and medical research has been accumulating in temporary storage pools in many countries. A permanent method of disposal will soon benecessary to ensure against contamination of man and the environment. Land-based geologic formations, such as salt domes, are the preferred sites for disposal at this time in the United States. Subseabed emplacement is one option under consideration and the technological aspects of this method are currently being studied. In order to resolve these issues, it is proposed that relevant laws be conditionally amended to legalize subseabed emplacement, but only after …

The Maritime Boundaries Of Venezuela, Jose L. Cedeno

Marine Affairs Theses and Major Papers

Venezuela has maritime boundaries with the following neighbors: two adjacent coastal states, Colombia and Guyana, and six opposite coastal states Trinidad-Tobago, Grenada, San Vincent and the Grenadinas, Sain Lucia, Dominica and Dominican Republic, one United States commonwealth associates states (Puerto Rico) and with dependent islands of the United States (Virign Islands), United Kingdom (Nevis, St. Christopher and Montserrat), France (Guadeloupe and Martinique) and Netherland (Curacao, Aruba, Bonaire, Saba and St. Eustatius).

The paper discuss at length three recent Venezuelan agreements: a fishing agreement with Trinidad and Tobago (1977), plus two Exclusive Economic Zone (EEZ) delineation treaties concluded almost simultaneously in …

Chartering Recreational Boats In The United States: A Compilation And Analysis Of Applicable Federal Maritime Law, Mary Nathalie Peter

Marine Affairs Theses and Major Papers

No single primary source exists to provide current and would-be participants in recreational charter boat operations in the United States with a basic legal understanding of their rights and obligations. The relevant federal maritime standards, laws, regulations, and judicial interpretations are scattered in isolated codebooks, reporters, and bulletins. Moreover, the governing body of law for boat chartering is admiralty law, which has been shaped throughout the centuries primarily by the traditions and dictates of the commercial shipping and shipbuilding industries. As a result, the logic behind the admiralty framework tends to be obscure when viewed in the context of a …

A Consideration Of Rater Status And Appraisal Format In Law Enforcement Performance Appraisal, Kitty Sellers Boynton

Retrospective Theses and Dissertations

No abstract provided.

In Favor Of Capital Punishment: A Blending Of Philosophical Perspectives, James Charles Donnelly

Institute for the Humanities Theses

There has been little intellectual support for the average American's view of the proper relationship between L' crime and punishment. This text is an effort to philosophically define and defend this view. Chapters one and two deal with teleological theories and justification for systems and rules of practices. I first discuss the historical relationship of man to the state, showing the necessity of and providing a basis for civil authority and law and showing both to be based on social utility. This accomplished, a teleological justification of a system of punishment is presented. Chapter three discusses retribution as the deontological …

The Law Of The Sea: International Law Implications Of The U.S. Refusal To Sign The Treaty, Richard D. Coogan

Marine Affairs Theses and Major Papers

This study is undertaken to show the impact of the international law aspects of the Law of the Sea Treaty as they relate to the U.S. failure to sign the Treaty. The U.S. has embarked on a course of action, by its refusal to sign the Treaty, that can have major impact on day-to-day national policy issues as they relate to international law governing a state's behavior. The U.S., in refusing to sign the Treaty because of the deep seabed provisions, and yet claiming other provisions as reflecting customary law, is probably correct as viewed in today's realities.

A Practical Guide To Admiralty Law For The Seagoing Naval Officer, John Edward Walters

Marine Affairs Theses and Major Papers

Daily there are hundreds of United States Navy vessels operating in foreign, international and domestic waters. The knowledge of admiralty law possessed by the officers on these vessels is extremely limited. Prospective Commanding Officers of Navy vessels are trained in areas of international and maritime law, but not in cases involving admiralty. If a United States naval vessel is involved in an admiralty incident, the only recourse the Commanding Officer has is to contact his superior and wait for word from the Staff Judge Advocate representative. It is not necessary for Commanding Officers to be experts on admiralty matters in …

The First Minute Book Of The Supreme Court Of The State Of Louisiana 1813 To May, 1818: An Annotated Edition, Sybil Ann Boudreaux

LSU New Orleans Theses and Dissertations

The Supreme Court of the State of Louisiana, established by the first state constitution (1812) as the only appellate court in the judicial system, commenced its work on March 1, 1813. The Court's jurisdiction was limited to civil cases. It also had control over admissions to the bar and the rules for the administration of its own business. Created in the wake of the conflict between proponents of Louisiana's traditional civil law system and the promulgators of the federal government's territorial policy of common law imposition, the Supreme Court reinforced the ultimately accepted continuance of civil law within the limitations …

Justice Brennan And The Bill Of Rights, David B. Brownhill

Dissertations and Theses

The research problem examined in my thesis is stated clearly in the title: Justice Brennan and The Bill of Rights. In my examination, I relied primarily on Brennan's opinions, and secondarily, on scholarly commentaries authored by Brennan and others. I located the cases through a combination of sources. Initially, I consulted the Harvard Law Reviews' "Supreme Court Term, (1956-1981) Term(s)," which is published annually in its November edition, and then, I turned to the writings by, and about, Brennan my findings show that Brennan's approach in these cases has evolved over the years toward a more absolutist one.

Impact Of The Law Of The Sea Treaty On The Soviet Fishing Industry, Gary Lee Roemmich

Marine Affairs Theses and Major Papers

The signing of the United Nations Conference on the Law of the Sea (UNCLOS) Treaty was the maturation of an idea that was born thirty-six years ago. That treaty placed into effect the 200 mile exclusive economic zone (EEZ). A universal 200 mile EEZ could be a death knell for the high-seas fishing fleets we know today as the majority of the major fishing grounds lie within 200 miles of the coast. The Soviet Union presently has the largest fishing fleet in the world and will perhaps feel the largest impact from the treaty signing. This paper intends to evaluate …

Offshore Jurisdiction And Federal-State Relations: The 12 Nautical Mile Territorial Sea And The Tidelands Controversy, Jeremy D. Wiese

Marine Affairs Theses and Major Papers

Recently, after several decades of negotiations, the United States, acting through the President, opted not to sign the United Nations Law of the Sea Treaty. In the aftermath of this decision those individuals involved with marine affairs are beginning to examine the Treaty's separate provisions to ascertain those which the U.S. may embrace under the auspices of customary international law. To date, this examination has led to a Presidential Proclamation generating an Exclusive Economic Zone for the U.S. Jurisdictionally, the next logical step would be U.S. adoption of the 12 nautical mile limit for its territorial sea. Indeed, movement in …

A Comparative Study Of Juvenile Intake: Differences Between Police And Probation Officers On Disposition Of Cases, James M Fogg

Theses Digitization Project

No abstract provided.

The Sovereign People, Minority Rights And State Judiciaries : An Historical Study Of Tocqueville's Majoritarian Thesis, Erica Goodwin

Dissertations and Theses

In the decade of the 1830's, Alexis de Tocqueville published a perceptive analysis of America in the Jacksonian era, which focused upon the customs, manners and intellectual habits of its citizens, and their social condition as seen through its political institutions. He advanced the proposition--a paradox of democracy--that equality of condition was as compatible with tyranny as with freedom. The social consensus, which stemmed from the wide acceptance of doctrine of equality and common wants and interests, when brought to bear upon legislator and judge, public official, juryman, and the non-conforming individual, he termed the "tyranny of the majority."

Polish Foreign Policy And The Development Of The Conference On Security And Cooperation In Europe, Keijiro Yasui

Dissertations and Theses

This thesis concerns the connection between the development of Polish foreign policy and the evolution of the Warsaw Pact's proposals for an all European Conference on Security and Cooperation in Europe (CSCE). The first concrete CSCE proposal was put forward by Poland in 1964. It reflected the Soviet Union's interests as well as those of Poland's.

The proposals were closely related to the situation which World War II had created for Poland. During the war Poland was massacred by both the Germans and the Soviets. It lost almost half of its territory to the Soviet Union and was moved to …