Law Commons^™

Affirmative Action Programs In Social Service Agencies: Status Of The Female M.S.W., Geraldine Ann Berg

Dissertations and Theses

Job status and salary inequities between men and women have only recently been documented. The federal government, over the past few decades, through various acts and executive orders, has created legislation to prohibit discrimination based on race, sex, color, religion or national origin in all employment practices. The question is to what extent this legislation has permeated social service agencies and affected their employment patterns, particularly with respect to administrative positions.

In 1976, the Women's Issues Committee of the Oregon Chapter of the National Association of Social Workers (NASW), addressed this question by initiating a study of social work employment …

The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson

All Master's Theses

At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …

The Effects Of Selected Tax Reform And School Finance Proposals On The Equalizing Tendencies Of State Aid To Michigan Public School Districts, Dorothy R. Hildebrand

Dissertations

Problem. The purpose of this study was to determine the effects selected tax reform and school finance proposals would have on the equalizing tendencies of state aid to Michigan school districts. The study focused on nine finance revisions as follows: The Tisch proposal which would make 50 percent cuts in all real property values; the Siljander proposal which would make 60 percent cuts in the value of some classifications of real property; two variations of the Tisch and Siljander proposals which would specify even larger reductions in property values than the original proposals; two variations of the Siljander proposal which …

Gold In The Gulf: A History Of The Rio Grande Valley Shrimp Industry, Thomas M. Blackwell

Theses and Dissertations - UTB/UTPA

Competition over dwindling fishery stocks has become acute. Shrimp in the Gulf of Mexico is part of that competition. Trawling operations shifted to Brownsville. A dispute between the newly arrived louisiana shrimpers and Texas operators drove many of the newcomers south to the Mexican coastline. This led almost inevitably to a conflict with Mexico. That it was almost inevitable was also due to the fact that the two nations had differing interpretations of territorial limits.

The confrontations themselves were often full of adventure with charges, counter-charges, and sometimes bullets hurled through the air. Because of this nation's own past actions, …

A Survey Of Selected National Leaders In The Areas Of Shorthand And Typewriting From 1956-1976, Carolyn D. Beam

Morehead State Theses and Dissertations

A thesis presented to the Business Education Graduate Committee at Morehead State University in partial fulfillment of the requirements for the Degree of Master of Business Education by Carolyn D. Beam on July 11, 1978.

Statutory Provisions Of The Fifty States Relating To Save Harmless Legislation And Legislated Authority To School Corporations For The Purchase Of Liability Insurance, Kenneth Thomas Murray

All-Inclusive List of Electronic Theses and Dissertations

Purpose. This paper is a comprehensive collection of statutes of the fifty states relating to save harmless legislation and legislated authority for school corporations to purchase liability insurance for themselves and/or their officers and employees. These protective statutes have become necessary as the doctrine of governmental immunity for school corporations has slowly eroded. Not only can school corporations and their employees be held liable for damages resulting from tort, but for some offenses school board members can be held personally liable for damages to be paid from their own pockets. Procedures. The collection of statutes at the Indiana University Law …

Science In The Sea-Can The Scientists Endure 200 Mile Jurisdiction?: A Case Study Of The R/V Trident 1973-1975, Barbara Ray

Marine Affairs Theses and Major Papers

Before the 1958 Continental Shelf Convention scientists were free to do their research anywhere in the oceans except within a narrow band of territorial waters. Since that time national jurisdiction has closed off increasing amounts of the sea. Most coastal areas and continental shelf areas now require coastal state consent prior to commencing work. Possible reasons for this closure include 1) fear of natural resource exploitation, 2) fear of military exploitation, or 3) growing feelings of nationalism among the developing countries. This paper is divided into two parts. The first deals at length with the development of the issue of …

Paralegal: History, Current Status, Emerging Trends And Guidelines For Implementing A Program, Helen Engle Williams

Morehead State Theses and Dissertations

A thesis presented to the Business Education Graduate Committee at Morehead State University in partial fulfillment of the requirements for the Degree of Master of Business Education by Helen Engle Williams in March of 1978.

Perceptions Of Indian Tribal Leaders Regarding The Indian Self-Determination Act (Public Law 93-638), Ramona O'Connor

Dissertations and Theses

This study is an analysis of a policy, The Indian Self-Determination Act (Public Law 93-638), and consists of a survey designed to examine the perceptions of selected Indian tribal leaders regarding the policy. The findings of the survey are reviewed and analyzed and the study is concluded with a consideration of the implications of the findings for social work. In general, the study is concerned with an aspect of the social policy process. A specific policy is addressed and a survey of perceptions of people effected by that policy was taken. The policy itself is an indication of a seemingly …

Politics Of Land Use : The Lengthy Saga Of Senate Bill 100, Kathleen Joan Zachary

Dissertations and Theses

Theoretical literature on the politics of land use is so limited that original research into the problem was required. The drafting and enactment of Senate Bill 100 by the Fifty-seventh Session of the Oregon Legislature provided the basis for researching my premise of need equals want. The bill designated state land use planning organizational structure.

The Land Use Policy Committee minutes and Legislative minutes were merged with information attained through personal interviews from a variety of participants in the drafting of the Senate Bill 100. Theoretical literature was equally available in Public Administration, Law and Land Use Planning. The Constitutions …

Background To The Second Amendment, John Thomas Nichols

Dissertations and Theses

Research into the background of the Second Amendment is hampered by its relationship to the current highly emotional debate over gun control. Many otherwise useful secondary sources either ignore the issue completely or give accounts which reflect the controversies of the twentieth century rather than those of the eighteenth. Fortunately, however, the Americans of the revolutionary era wrote extensively about the subject.

With independence, the Americans were faced with the problem of organizing and controlling a defense establishment. The new nation was virtually defenseless: the

Continental Army was disbanded and the militia, after years of neglect, emasculated. During the decade …

The Intergovernmental Balancing Act: State-Federal Interests In Coastal Zone Management, Timothy M. Alexander

Marine Affairs Theses and Major Papers

The central notion of intergovernmental and inter-interest balancing suggested by the title of this paper reflects a distinctly American theme derived from our pluralistic, competing, compromissory and somewhat optimistic governmental values and experience. The Coastal Zone Management Act (hereafter CZMA or the Act) and the success of its implementation rests firmly on this balancing premise. The CZMA's assumptions, processes and implicit or stated objectives involve reliance on a governmental system that achieves effective and equitable intergovernmental balance.Yet, as I think this investigation will show, there are no ready-made answers as to how balance is to be achieved through the Act--let …

A Follow-Up Study Of Children Released From Child Care Centers, Tamsel Tack Cabrera

Dissertations and Theses

Concerned by the increase in the average daily populations at MacLaren School for Boys and Hillcrest School for Girls, Children's Services Division (CSD)has requested research related to children who have been released from child care centers and private institutions.

Child care centers were originally developed as alternatives to the state institutions. As children were diverted to various child care centers, the populations of these two institutions decreased, and plans were made to merge the two schools, thus closing Hillcrest. With the increase in populations at both schools, this is no longer feasible.

As much time and effort is spent in …

George Q. Cannon's Views On Church And State, Lyndon W. Cook Sr.

Theses and Dissertations

Writers of nineteenth century Utah generally recognize George Q. Cannon's religious and political influence as second only to that of Brigham Young. Having occupied several positions of importance in the political arena as well as in the Mormon Church, Cannon is a major figure in Utah history whose life and thought merit careful examination.

This treatise is a study of George Q. Cannon's views on the institutions of church and state. After presenting a biographical sketch of Cannon's life, it examines his beliefs regarding the religious clauses in the First Amendment, and the place of revelation, positive law, and majority …

The Future Of Excess Navy Lands: A Case Study Of The Quonset Point-Davisville, Rhode Island Coastal Fringe, Thomas E. Bigford

Marine Affairs Theses and Major Papers

With spiraling costs in government, the American taxpayer and the Office of Management and Budget have encountered continuing problems in spending. One outcome of such economic hardships, emphasized in this period of peacetime, has been significant budgetary cutbacks in the Department of Defense. Translated through the political heirarchy, these cuts eventually resulted in the closing of many military bases. Regardless of the geographical location, each excessed base posed problems to the respective area and state. Problems arose concerning immediate socio-economic hardships in the region, changes in ownership of the land, and most obviously, future uses of the property.This subject is …

Reapportionment : An Oregon History And A Critique Of Baker Vs Carr, Ann Frissell Lackey

Dissertations and Theses

This study explores the ways in which federal and state authorities have sought to deal with a difficult problem of political power in the context of the U.S. Constitution. Oregon reapportionment history offers an appropriate introduction to a critique of the national reapportionment decisions of Baker vs Carr and Reynolds vs Sims. Its Constitution stipulated population and the ratio derived from a population based formula were the means by which apportionment was to be determined and noncompliance had been particularly evident from 1933 to 1952. Also, by the initiative process and a decision by the Oregon Supreme Court, Oregon had …

An Analysis Of Higher Court Cases Relating To The Dismissal, Suspension, And Discipline Of Public School Teachers On The Ground Of Immorality, Michael Paul Benway

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to determine the rights of teachers related to the dismissal, suspension, and discipline of public school teachers on the ground of immorality in five selected areas of teacher conduct: (1) cursing and abusive language; (2) derogatory and critical comments directed towards school and school personnel; (3) dishonesty involving employment; (4) drugs; and (5) sexual activity. More specifically, answers to the following questions were sought: 1. What were the most current and generally accepted definitions of immorality rendered by the courts in the five selected areas of teacher conduct? 2. What were the changes in …

An Examination Of New England's Coastal Wetlands Legislation, Joseph M. D'Eugenio

Marine Affairs Theses and Major Papers

This paper will examine the different legislative schemes that have been created in New England for the protection of coastal wetlands. It will assess how they have worked in practice, both with respect to their administration and the judicial response to them, and will outline the arguments for and against upholding restrictions on the use of wetlands under the legislation.

A Review Of Court Cases Concerning Dismissal Of Certificated Personnel In The State Of Washington, Allen T. Hughes

All Graduate Projects

This paper presents briefs of court case materials found in the legal files of the Washington Education Association, Washington Report Second Edition, Washington Appellate Reports, and Washington Digest concerned with the dismissal of certificated personnel in the.State of Washington. This paper can be used by educators involved with dismissal procedures as stated by RCW 28A.58.450. The briefs are designed so the reader can quickly determine:

1. Facts leading to the problem;

2. The problem;

3. The decision of the court; and

4. The rationale for the decision.

Sentencing: A Study Of The Effects Of Presentence Report Recommendations Upon The Sentencing Practices Of Judges In Multnomah County, Oregon, John George Gardin Ii

Dissertations and Theses

The process of judicial decision-making is not well understood. This paper has tried to shed some light on that process by examining the impact of presentence report recommendations upon the sentences handed down by the judges of a circuit court. Very little empirical work has been done on this problem, even though the presentence report recommendation is generally regarded by those in the judicial system as extremely important to the sentencing process.

The Trial Of General Tomoyuki Yamashita: A Case Study In Command Responsibility, L. H. Redford

History Theses & Dissertations

The case of General 'Tomoyuki Yamashita, the subject of this thesis, established a precedent in international law, at least so far as the United States respected that law, Its successful prosecution prepared the way for the prosecution of numerous, subsequent war crimes cases, upon a standard of liability developed and approved by the United States in Yamashita, and without regard for the attenuated procedural protections granted in American civil courts. General Mac-Arthur played an important part in Yamashita’s trial, and this essay shall also discuss the extent of his interest and involvement in the case.

United States Policy In The Nigerian Civil War, C. Onokata Idisi

Masters Theses

No abstract provided.

The African Development Bank And The Development Process In Africa, Asukwo J. Udo

Masters Theses

No abstract provided.

An Evaluation Of The National Sea Grant Program, Christopher B. Llana

Marine Affairs Theses and Major Papers

This paper will discuss the philosophies and management of the Sea Grant program and their effectiveness in meeting the original goals of the program as they were perceived when the National Sea Grant College and Program Act of 1966 were formulated.

Public Access To Beaches In America, Michael Betty

Marine Affairs Theses and Major Papers

In the United States today there exists a growing, mobile population who wish to make use of what is considered to be a diminishing natural resource, the shoreline beaches. The public is denied access to the sea and the enjoyment of shore by the littoral land owner who occupies the beach area to the exclusion of all others.

It appears that the rights of the public will have to be expanded to insure adequate space and facilities for recreation. This expansion will encroach on private rights as the population seeks access to beach areas that have assumed a public character. …

A Regime For Archipelagos, Ralph Fink Iii

Marine Affairs Theses and Major Papers

An analysis of the development of international law in the case of island States. The rights of these States to establish special juridical arrangements for their adjacent waters, and the effects of these decisions on other nations form the central theme. Any attempt at combining all the issues at stake into a single principle by LOS III appears doomed to failure. Success will be achieved by agreement on the separate issues and as a result of other actions not directly related to the problem of archipelagic States.

Beach Access: Public Right Or Public Privilege, John E. Jessup

Marine Affairs Theses and Major Papers

All the coastal states of the U.S., particularly the more populous, have been and are struggling with the problem of obtaining public access to the nation's coastal beaches. There s a large volume of litigation and legislation devoted wholly or in part to mitigating the problem. It is the intent of this paper to examine some of the landmark court cases on the subject throughout the U.S. and also Federal legislation which has been proposed or enacted. Because the issue joined is so basic, i.e., public rights to use the beach vs. private property rights in that same beach, emotions …

A Study Of The Effects Of The 1969 Tax Reform Act On Private Grant-Making Foundation Support Of Charitable Activities, John S. Lore

Dissertations

No abstract provided.

California Congressional Reapportionment, Thomas B. Hofeller

CGU Theses & Dissertations

We now find ourselves at the end of the first redistricting following the so called "Reapportionment Revolution." There is, however, considerable disagreement defining its scope and the wisdom of its continuation. This paper reviews the effects of this revolution on this state. It outlines the development of the Court's involvement in redistricting and discusses the virtues of the Court's resistance of further involvement in this difficult question.

California's congressional redistricting history is reviewed from statehood to the present. Special attention is given to 1965, 1971, and 1973. The role of the computer is reviewed, both as an academic and political …

Executive Powers: The Role Of The Supreme Court In An Expanding Presidency, Gale M. Filter

All Student Theses and Dissertations

In the "Pacificus-Helvidius" debate of 1793, Alexander Hamilton locked horns with James Madison in a classic exchange of broadsides on the issue of express versus inherent executive powers. In his interpretation of presidential powers, Hamilton sows the seeds for an argument which justifies the exercise of executive powers in combating situations of domestic emergency and in matters concerning the general welfare or public interest. The seeds of this theory took firm root more than sixty years later in the administration of Abraham Lincoln. Subsequently, the growth of these roots was stimulated by the Supreme Court's decisions in the famous cases …