Law Commons^™

Seafarers And International Shipping Standards, Richard David Poisson

Marine Affairs Theses and Major Papers

Merchant seafaring, as the subject of modern research and study, is a profession that has not received an undue amount of attention or attraction. The modern seafarer thus remains a 20th century enigma. Of particular concern here will be the international standards of employment, particularly as they are implemented under circumstances of open-registry shipping where their enforcement is commonly called into question. Thus this study will present some of the debate surrounding the issue of conditions of employment aboard open-registry ships, indicating to what extent, if any, seafarers are adversely affected. This study is further intended to indicate the degree …

An Analysis Of Prison Sentence Disparity In West Virginia, Deanna J. Shields

Theses, Dissertations and Capstones

The sentencing of individuals is a very important stage in the Criminal Justice System in the United States. The sentence is the basic decision which determines how, where, and for how long an offender should be dealt with by the state (LaBeff, 1978, p. 1). This study will focus on the question of whether or not sentence disparity exists in West Virginia.

Sentencing processes in our Criminal Justice System today are in keeping with the “Treatment Model” of Corrections . According to Fogel (1975) in We Are The Living Proof, the treatment model has three main goals: (1) diagnosis …

The Legal Regime Governing The Recovery Of Underwater Cultural Resources In The United States, Richard J. Dodds

Marine Affairs Theses and Major Papers

Historic wrecks exist in many of the navigable waters of the United States, particularly along the Atlantic and Gulf coasts. Attention will mainly focus, however, on the waters off Florida. These often dangerous waters, as part of a long-established trade route, contain more than their share of historic wrecks. As a number of these are Spanish galleons, wrecked on their way to Europe with value cargoes of gold, silver and precious stones, claim to such sites has been the subject of bitter disputes. The results of the legal battles arising from these disputes will have profound implications for the future …

Ecology, Economics, And Law In The Conservation And Management Of Cetaceans, John David Roanowicz

Marine Affairs Theses and Major Papers

No abstract provided.

Government Contracting And Technological Change, Isaac Sims Jr.

Theses

This culminating project by Captain Isaac Sims Jr., titled "Government Contracting and Technological Change," examines the evolution of U.S. government policies and practices concerning research and development (R&D) from the pre-World War II era through the immediate postwar years. The study highlights the significant transformation in the federal approach to technological innovation, particularly in defense and medical research, driven by the exigencies of wartime and the Cold War. Central to this transformation was the emergence of a robust contractual relationship between government agencies and private institutions, including universities and industrial firms.

The document outlines how World War II catalyzed the …

A History Of The Portland Waterfront Between Southwest Clay And Washington Streets, Its Land Use And Legal Problems, Jeffrey Gerald Carter

Dissertations and Theses

Between 1845 and 1980 the Portland waterfront between southwest Washington and Clay Streets, east of Front Street, metamorphosed from wilderness to trade center, to highway, to inner-city vacant lot. No place in Portland has more graphically illustrated the rapidly changing forces of the modern age in which the city has grown.

For much of its history this stretch of waterfront was mired in law suits. The struggles centered on public versus private ownership. Originally dedicated as public property, but left unimproved by the city, the waterfront was usurped by private investors. Eventually, private owners allowed their property to decay prompting …

Mining The Deep Seabed Implications For International Law And American Foreign Policy, Steven H. Fitzgerald

Graduate Program in International Studies Theses & Dissertations

Whether or not the United States may someday face a mineral shortage, the need for a coherent, unified minerals policy is critical to national objectives and national security. Deep-sea mining may be the answer to American (and world) mineral needs in the twenty-first century. However, there are numerous problems which must be dealt with and resolved in the near future, in order to enable the U.S. (and the world community) to take advantage of vast undersea resources. Deep-sea mining requires the development of technology, tremendous capital investments, and years of labor before production can begin. U.S. policy makers must decide …

The Impact Of The Federal Water Pollution Control Act On The Discharge Of Sanitary Waste From United States Navy Ships, William G. Fidyk

Marine Affairs Theses and Major Papers

During the late 1960's and early 1970's several significant pieces of environmental legislation were enacted. These pieces of legislation were designed to restore, improve, preserve and protect our natural resources. The legislation with the most impact on the United State Navy and Naval vessels has been the Federal Water Pollution Control Act. In order to meet the statutory requirements of the Clean Water Act, the United States Navy had to embark on a program to: modify existing vessels with Marine Sanitation Devices (MSD's) and install such devices on new construction ships.

International And U.S. Inland Navigation Rules And Lng Transport, Robert P. Garrett

Marine Affairs Theses and Major Papers

Involved in the extensive research that was required by this study included; a research of publications dealing with the engineering and construction of LNG vessels, review of tests conducted by the U.S. Coast guard and the U.S. Bureau of Mines dealing with the possible spill of LNG, establishment of the dangers of LNG, establishment of the U.S. Coast Guard Inland and International Rules of Navigation and how they relate to the safe navigation of LNG vessels, and recommendations for amendments and/or changes to the navigation rules to better ensure the safe navigation of LNG vessels.

The Effect Of Deep Sea Bed Mining On Strategic Minerals And National Security, Gary R. Hammond

Marine Affairs Theses and Major Papers

Deep sea bed mining has been a topic of considerable debate since it became technically and economically viable as a mining venture in the mid 1960's. The availability of manganese nodules has been determined through costly "prospecting" operations and their existence in sufficient quantity and quality has been found to be adequate for the mining industry. Though the future of the nodule mining is undetermined, it is the purpose of this paper to determine its impact on the national management of its associated strategic minerals and national security.

Title Ix, Sex Ratios, And Trends In Leadership Roles In Aiaw Division I Institutions, Linda Toutant King

Theses, Dissertations and Capstones

The purpose of this investigation was to identify and analyze trends in Title IX’s impact and sex rations of athletic coaches and administrators in AIAW Division I intercollegiate athletic programs. Institutions offering at least one Division I intercollegiate athletic program, as defined by the Association for Intercollegiate Athletics for Women (AIAW), were chosen as a population. The following problems were investigated for the institutions chosen.

1. The number of women’s athletic activities in 1970-71, 1975-76 and 1980-81.
2. The number and percent of women coaching women’s athletics in 1970-71, 1975-76, and 1980-81.
3. The number and percent of women as athletic administrators in …

The Haitian Boat People: An Overview Of The Present Situation Concerning Their Illegal Immigration To Florida, Peter Gordon Lalime

MA TESOL Collection

Beginning about 1972, many of the impoverished people of the Carribean nation of Haiti have fled their country for Florida. Because they come in sea vessels - invariably of questionable quality for an open sea voyage - a name which has been attached to them is that of "boat people". The Haitian boat people leave their homeland for reasons both economic and political in nature. Both their departure from Haiti and their arrival in the United States are illegal events. Once they reach Florida, therefore immigration authorities attempt to deport them, viewing the Haitians as "economic refugees" not entitled to …

The Deep Seabed Hard Mineral Resources Act: Legality And Necessity The U.S. Perspective, Thomas P. Beatty

Marine Affairs Theses and Major Papers

In June of 1980, the President of the United States signed into law the Deep Seabed Hard Mineral Resources Act, a piece of national legislation that will most definitely have international repercussions. The developing nations of the world are strongly opposed to unilateralism on the part of any nation, contending the minerals of the deep seabed belong to all nations and, therefore, the benefit from the exploitation of those minerals should likewise be shared by all nations. Why then, against such firm opposition from the less developed countries of the world, did the United States opt for unilateralism instead of …

Maritime Boundary Disputes As A Constraint To The Commercialization Of Ocean Thermal Energy Conversion In The Caribbean Sea, Philip Erwin Haring

Marine Affairs Theses and Major Papers

This thesis is an examination of the effect which the commercialization of Ocean Thermal Energy Conversion (OTEC) will have on the delimitation of maritime boundaries in the Caribbean, and the extent to which boundary disputes will reduce the area available for OTEC facility deployment there. The first chapter is a discussion of OTEC and the prospects for commercialization in the next ten to fifteen years. The second chapter is an analysis of the development of the international law of the sea, and how that evolution has stabilized in recent years establishing a jurisdictional regime in which coastal states control the …

A Comparison Of Global Conventions Concerned With Controlling Ship-Borne Pollution On The High Seas, Robert F. Ogurek

Marine Affairs Theses and Major Papers

This paper will compare the global conventions concerned with controlling ship-borne pollution, noting the major differences in regulations concerned with the prevention, control and reporting of pollution incidents, as well as the enforcement provisions of these conventions. Section I of this paper will be a discussion of the provisions made in the Third United Nations Conference on the Law of the Sea Draft Convention on the Law of the Sea (not yet in force) concerning ship-borne pollution. Section II will be a discussion of the major global conventions, both those presently in force and those yet to enter into force, …

Promotion Of Distant-Water Fishing Industry In Taiwan, Dah-Wen Shieh

Marine Affairs Theses and Major Papers

The growth of distant-water fishing industry in Taiwan has been steady during the period from 1965-1973. However, since 1973, the slow expansion of distant-water fisheries has been reflected in both the production side and the decreasing catch per unit effort. The increasing operation costs and the shrinking fishing grounds are mainly attributable to the limitation of distant-water fishing industry. The small scale of fishing companies with small-sized vessels also resulted in the inefficient operation in this highly competitive business. For Taiwan, distant-water fishing is not only a means of meeting general protein requirements for its population but also an important …

The Evolution Of The Statute Of Uses And Its Effects On English Law, Timothy L. Martin

Honors Theses

The separation of the lay and ecclesiastical courts complicated the law of succession as they drew a distinction between real and personal property. Laws pertaining to land were molded by royal courts of common law and equity, whereas laws relevant to succession of chattels were based on Roman and canonical law as interpreted by the ecclesiastical courts.

The 1973 Oil Embargo Arab Oil Diplomacy, Amal Mustafa Shamma

Masters Theses

The Arab oil producing countries, following years of a stalemate in the Arab-Israeli dispute,- decided to put their oil resource in the service of the Arab cause using it as an instrument of pressure against the West. Their objective was to induce a change in the Western world Middle East policy and to work toward achieving a lasting and peaceful solution for the Arab-Israeli problem.

The purpose of this thesis is to show that the application of Arab oil diplomacy has been effective into producing a more even handed policy in the area, and into breaking the deadlock in the …

Technical And Legal Considerations Immanent In The Disposal Of Commercial Nuclear Waste, Margaret D. Davidson

Marine Affairs Theses and Major Papers

There is, currently, a flurry of activity as the present Administration, along with the United States Department of Energy and the United States Nuclear Regulatory Commission, struggles to develop a comprehensive national program for the management and disposal of radioactive wastes. The first section of the paper deals with some of the inherent technical issues. This includes a review of the origin of nuclear wastes; the hazards of the wastes, including impacts upon the biological environment; and the extent of the state of the art for disposing of such wastes. The second section is an attempt to review the scope …

The Use Of Thermal Analysis In The Identification And Characterization Of Fibers Of Forensic Interest, Ronald J. Coffey

All-Inclusive List of Electronic Theses and Dissertations

This study investigates the use of thermal analysis for the identification and characterization of fibers for forensic purposes. Fibers such as polyesters, polyacrylics, polypropylenes and nylon were investigated by Differential Thermal Analysis (D.T.A.) and Thermogravimetric Analysis (T.G.A.) to see if their resulting thermograms were characteristic of each fiber. Also, infrared analysis was performed on each fiber. In addition, such factors as heating rate and sample size along with fiber blends were studied as to their effect on thermograms. As a result of this study several important conclusions may be drawn. Although it was found that for the most part D.T.A. …

Puerto Rico's Political Status And Its Right To A Territorial Sea And Exclusive Economic Zone, Sandra M. Laureano

Marine Affairs Theses and Major Papers

When, in 1973, preliminary seismic studies were made in Puerto Rico, in order to site a nuclear plant, possible hydrocarbon deposits were delineated. This gave rise to the controversy of Puerto Rico's right to its offshore resources. How far out does Puerto Rico's right extend? Puerto Rico's right to a territorial sea and an exclusive economic zone should be defined by international law standards. The controversy, in the context of Puerto Rico's status question, is what this paper is about.

Navies And The Straits Regime, Farid Fiuzi

Marine Affairs Theses and Major Papers

The aim of this paper is to study the potential conflicts surrounding access and mobility of the naval forces through the straits, and look at sea-power implications of eventual solution. All these would be difficult to appreciate if they were to be considered in isolation from the main currents of the Law of the Sea and naval history, and naval strategy.

A Model For The Analysis Of The Language Of Lawyers, Robert Alex Chaim

University of the Pacific Theses and Dissertations

Lawyers have recently become a favorite target for criticism from both within and without their profession; nowhere are they more vulnerable than in their use of the English language. Whether they imitate cuttlefish by obscuring their paths with ink or simply reflect the complexity of twentieth century civilization with their language presents a question not soon to be resolved. Yet since law must serve society and since language must serve law, the questions concerning lawyers' uses and abuses of language will continue to press. Though common in casual debate, most generalizations about the language of lawyers are difficult--if not impossible-- …

Mississippi Redistricting 1977-1980, Thomas B. Hofeller

CGU Theses & Dissertations

This is a study of the 1977-78 redistricting of the Mississippi State Legislature. It was a process that saw the culmination of a struggle between the civil rights forces and the "Establishment" in Mississippi, but its origins span almost the entire period of the "reapportionment revolution" in the United States.

The United States And China: From Noncommunication To Diplomatic Relations, Mary Jeanne Patrick

Masters Theses

After more than two decades of fundamental differences due to lack of direct diplomatic relations, the People's Republic of China and the United States are developing a harmonious working relationship. Friendly relations between these two major nations began to improve in 1972 during President Richard Nixon's visit to China that had been arranged by Henry Kissinger, Assistant for National Security Affairs.

The purpose of this thesis is to show that nations can overcome their negative stereotyped images with one another when their leaders will enter into effective communication.

Chapter I considers the historical aspects of the Sino-American relationship.

Chapter II …

An Exploratory Analysis Of The Response Of Urban Police To Labor Radicalism, Dennis Earl Hoffman

Dissertations and Theses

Social scientists examining the police role have typically assumed that the individual police officer or department is relatively free to implement social policy as he/she or it sees fit. This assumption is reflected in many police studies which stress the importance of police chiefs, police discretion, and police personalities as being the decisive factors in police behavior.

A more tenable approach to studying the police would be to examine police behavior in terms of the place of the police in class conflict. This approach would focus mainly on how conditions outside of police organizations have shaped police response.

To date …

Impact Of The Older Americans Act Of 1965 Upon The Elderly In Portland-Multnomah County, Oregon, From 1965 To 1977, Joil A. Southwell

Dissertations and Theses

This research sought to determine the impact of the Older Americans Act of 1965 and its subsequent amendments on the aged population in Portland-Multnomah County from 1965 to 1977. After a comparative analysis of aged services prior to the Act of 1965, and the elderly services subsequent to the Act, the conclusions revealed that there was a significant impact made upon the lives of seniors in Portland-Multnomah County area.

This study identifies the historical events that led to the Older Americans Act. This includes the evolution of aging consciousness in the local, state, and national communities. In addition, the major …

An Analysis Of The U.S.-Canadian East Coast Fisheries Resource Agreement, Michael V. Guimond

Marine Affairs Theses and Major Papers

This analysis of the U.S.-Canadian East Coast Fisheries Resource Agreement was initiated at the request of a group of fishing industry representatives concerned about some of the terms enumerated in this document. The purpose behind this research project was threefold. First, to determine if this Agreement was consistent with the intent of the FCMA. Second, to determine the economic impact of this Treaty upon the New England fishing industry. The third purpose, which is not in the scope of this paper, was to aid in determining what the response of the user groups should be.

Maritime Unions & U.S. Shipping Policy, Jon Lucas

Marine Affairs Theses and Major Papers

This paper explores the role played by the U.S. maritime unions in influencing the formation of American shipping policy. The thesis of the paper is that maritime unions have exerted great influence on legislators, through lobbying efforts to foster special-interest legislation which benefits union members at the expense of the taxpayer. The research is based on standard works on shipping and maritime labor relations, Hearings of the House and Senate Merchant Marine committees, and newspaper and magazine articles which trace the progress of various pieces of maritime legislation. Only the activities of the seagoing unions are discussed, and the paper …

Law And The Press In West Virginia, Helen Coon Carper

Theses, Dissertations and Capstones

How well do West Virginia’s press laws serve the West Virginia writer” Do we have enough law? If not, what do we need? The forgoing chapters provide an overview of the laws that exist for the writer in seven areas: Copyright, Fair Trial and Free Press, Shield Law, Libel, The Right of Privacy, Freedom of Information, and Open Meetings.

Only three of the above areas are regulated by West Virginia constitutional or stationary law: libel, access to government records, and access to government meetings.

Regulation of libel is provided by West Virginia’s Constitution with the West Virginia Code providing for …