Law Commons^™

Mapping Collaboration: Examining State-Government Alliance In Addressing Specific Child Sexual Offenses, Allison R. Lair

Honors College Theses

Amidst our society, a harrowing reality persists: one in ten children bear the burden of enduring sexual abuse before reaching the tender age of eighteen. Alas, this issue often remains hidden from the societal spotlight due to limitations in offense-specific statistical crime data. Since 1930, the Federal Bureau of Investigation's Uniform Crime Report (UCR) has been the primary resource for annual state-level law enforcement data collection. However, the voluntary nature of participation and the mass categorization of offenses within the UCR methodology, lead to the exclusion of crucial data concerning child sexual offenses. This research explores the dynamics of state …

مبدأ الاقتناع القضائي في ضوء أحكام المحكمة الاتحادیة العلیا, محمد حسن العیدروس

Theses

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The Principle of Judicial Conviction in View of the Rulings of the Federal Supreme

The principle of judicial conviction is the main pillar of the theory of criminal evidence, it is not imagined that the criminal judge issues his judgment without basing this judgment on a firm conviction that has no doubt or guess, as it is known that criminal judgments of conviction are based on certainty and certainty, and the principle of judicial conviction represents a major guarantee of reassurance of the validity and integrity of penal judgments and access to justice, and this study dealt with rooting …

اﺳﺘﻌﻤﺎل اﻟﻌﻘﻮد اﻟﺬﻛﯿﺔ ﻓﻲ ﺳﻮق اﻷوراق اﻟﻤﺎﻟﯿﺔ: دراﺳﺔ تحليلية, ﻣﺤﻤﺪ ﺧﺎﻟﺪ إﺑﺮاھﯿﻢ

Theses

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Using Smart Contracts in Financial Stock Market: An Analytical Study

Smart contracts are considered one of the latest technologies that have obtained attention from many Legalists and Engineers. Smart contracts are a set of arrangements written via programming languages through computer programs or by programmers without the need for an intermediary. Smart contracts are self-executing. It executes once the terms and conditions agreed between the parties happen.

Perspectives differ among legalists about the legality of smart contracts. Some legalists consider these contracts as binding legal contracts, while others believe that a smart contract might be just a part of …

اﻻﺧﺘﺼﺎص اﻟﻨﻮﻋﻲ ﻟﻤﺤﻜﻤﺘﻲ اﻟﺠﻨﺎﯾﺎت اﻟﻜﺒﺮى واﻟﺼﻐﺮى طﺒﻘﺎ ﻟﻘﺎﻧﻮن اﻹﺟﺮاءات اﻟﺠﺰاﺋﯿﺔ اﻻﺗﺤﺎدي, ﺧﺎﻟﺪ ﻧﺪﯾﻠﮫ اﻟﻨﻌﯿﻤﻲ

Theses

The Specific Jurisdiction of the Major and Minor Criminal Courts in Accordance with the Federal Criminal Procedure Law

This study deals with the rules of specific jurisdiction for the major and minor criminal courts in accordance with the Federal Code of Criminal Procedure, where specific jurisdiction is one of the most important jurisdictions stipulated by the federal legislator, by allocating specific courts to specific types of crimes. In light of this, the federal legislator in the United Arab Emirates has singled out a new system with regard to specific jurisdiction, distinguishing between the major and minor criminal courts in terms …

ﺣﻖ اﻟﻤﺴﺘﮭﻠﻚ ﻓﻲ اﻟﻌﺪول ﻋﻦ اﻟﻌﻘﺪ اﻹﻟﻜﺘﺮوﻧﻲ ( دراﺳﺔ ﻣﻘﺎرﻧﺔ ), بدور صالح الكثيري

Theses

Consumer's right to withdraw from the electronic contract

A Comparative Study

Technological development has significantly changed how people communicate, particularly in concluding contracts. Sales contracts, often executed through modern communication methods and the internet, have become especially common due to their speed. This convenience often leads consumers to accept contracts hastily, relying only on photographs and descriptions provided by sellers. These descriptions may be inaccurate, or consumers may be misled by false advertisements, as these contracts are made remotely without physical interaction.

The consumer, a vital part of the economic process, increasingly faces assaults on their rights, particularly in electronically …

اﻷﻣﺒﻮدﺳﻤﺎن ﻛﺂﻟﯿﺔ ﻧﺤﻮ ﺗﻌﺰﯾﺰ ﺛﻘﺔ اﻟﻤﺘﻌﺎﻣﻠﯿﻦ بجهة اﻹدارة ﻓﻲ دوﻟﺔ اﻹﻣﺎرات اﻟﻌﺮﺑﯿﺔ اﻟﻤﺘﺤﺪة, ﻋﺒﺪاﻟﺤﻤﯿﺪ أﺣﻤﺪ اﻟﻮاﺣﺪي

Dissertations

The Ombudsman Serves as a Mechanism to Enhance Trust in Administrative Entities in the United Arab Emirates

In the midst of governments’ trend towards re-evaluating the relationship with customers by building a partnership relationship between them to achieve common and diverse interests at the legal, administrative, social and economic levels, the researcher sought to find mechanisms that would enhance trust between the government and customers to find alternative solutions to address customer’s complaints and disputes arising from administrative work.

Therefore, the choice fell on the experience of the State of Sweden in establishing the Ombudsman system, which aims to protect …

ﻣﺪى ﻛﻔﺎﯾﺔ ﺿﻤﺎﻧﺎت اﻻﺳﺘﺜﻤﺎر اﻷﺟﻨﺒﻲ اﻟﻤﺒﺎﺷﺮ - دراﺳﺔٌ ﺗﺤﻠﯿﻠﯿﺔٌ وَ ﻓﻘًﺎ ﻷﺣﻜﺎم اﻟﻘﺎﻧﻮن اﻻﺗﺤﺎدي رﻗﻢ (32) ﻟﺴﻨﺔ 2021, Mohammed Ibrahim Almemari

Dissertations

The Adequacy of Foreign Direct Investment Guarantees Analytical Study in Accordance with the Provisions of Federal Law No. (32) of 2021

The great economic competition between countries, and their endeavor to strengthen their economy through various fields; Make them compete with each other in attracting foreign direct investments to their territories; However, these investments cannot move from their home country to another country without having economic advantages and incentives that encourage them to invest in a country other than the home country. Likewise, these investments cannot carry out their work in any country without having The investor has many guarantees …

Innocence Through An Intersectional Lens: An Examination Of Women And Wrongful Convictions, Briana Paige

Sociology & Criminal Justice Theses & Dissertations

According to The National Registry of Exonerations (2022), nearly 40% of all exonerations involve a no-crime wrongful conviction. While women make up less than 10% of all exonerees, nearly 73% of exonerated women were originally convicted of crimes that never happened, compared to only 38% of exonerated men. Despite their prevalence, the topic of no crime wrongful convictions is extremely understudied in the wrongful conviction literature.

Additionally, since prior research on wrongful convictions has been primarily male centered, the likelihood that a woman’s case will be accepted to be reviewed for innocence is significantly lower than men (Free and Ruesink, …

Law’S Impact On Collaboration: A Three-Case Study Of Federal Advisory Committees Managed By The U. S. Coast Guard, Brian K. Mcnamara

School of Public Service Theses & Dissertations

Much remains to be learned about law’s impact on collaboration. Although law is one of the foundational disciplines of public administration, scholars assert that the field focuses on management principles to the detriment of law. Whether this assertion is correct as a general matter for the field, collaboration scholarship lacks empirical examination of the law’s role in collaboration processes.

This three-case study of federal advisory committees managed by the U.S. Coast Guard examines law’s impact on collaboration through the lens of Thomson and Perry’s (2006) Process Model. A qualitative method is used to capture participants’ perceptions of law and their …

Understanding The Role Of Adverse Childhood Experiences On Resilience In Police Officers, Wayne F. Handley

Counseling & Human Services Theses & Dissertations

Police officers are subject to a variety of stressors not only from job-related events resulting from direct or vicarious trauma exposure (Andersen & Papazoglou, 2014; Brown et al., 1999; Iversen et al., 2008) but also from family and personal concerns (Burke, 1998; Page & Jacobs, 2011), and administrative pressures originating from within their own agencies (Violanti et al., 2018; White et al., 2016). Prior to their careers as police officers, individuals may also be exposed to traumatic events early in life. Adverse Childhood Experiences (ACEs) are described as negative events related to emotional, physical, or sexual abuse or neglect, exposure …

Partners In Crisis: A Phenomenological Exploration Of Collaboration Between Crisis Intervention Team Officers And Mental Health Professionals, Jessica L. Huffman

Counseling & Human Services Theses & Dissertations

Law enforcement officers (LEOs) are often the first responders to crisis situations, which increasingly include mental health crises. Collaborating with mental health professionals and organizations increases the likelihood that individuals will receive a response that is contextually and culturally informed by an understanding of mental health needs and considerations. For this reason, Crisis Intervention Teams (CIT) have been established to train LEOs and to unite efforts with mental health professionals, advocates, and community constituents. While there is existing and ongoing literature exploring the responses provided by CIT, there is limited research on the experiences of CITs related to their unique …

Her Seat At The Table: A Phenomenological Study Exploring The Lived Experiences Of Black Women Education Policymakers, Vickey R. Silas

LSU Doctoral Dissertations

ABSTRACT

This transcendental phenomenological study explored the lived experiences of Black women leaders as education policymakers to understand the essence of their journey to leadership positions and the impetus behind their decision-making. Despite progress, Black women remain marginalized and underrepresented in policymaking leadership roles and decision-making spaces (Griffin et. al, 2013). They face challenges that are intersectional like gender and race. My research question was what are the lived experiences of Black women education policymakers and how do these experiences impact their decision-making? While employing a transcendental phenomenological approach, I acknowledged my biases through reflexivity and bracketed them while also …

Exploring U.S. Federal Agencies' Rulemaking Support For Public Comments: A Content Analysis, Shelly-Ann Marshall

Walden Dissertations and Doctoral Studies

No abstract provided.

The Heteronomy Of Flesh: A Minor Jurisprudence Of The Use Of The Human Dead And Tissues, Joshua David Michael Shaw

PhD Dissertations

The dissertation addresses historical and contemporary legal literatures—generally literatures that have not succeeded in becoming convention (Peter Goodrich)—that assert or rely on the human body’s “jurisgenerativity” (Robert Cover) to evaluate and determine what should be lawfully done with the human dead or tissues. These literatures demonstrate the limits of doctrinal legal methods and conventional jurisprudence which ordinarily deploy concepts of property or personhood. Instead of property or personhood, these literatures require the jurisprudent to attune to the heteronomy of flesh, a law engendered in the materiality of the body decomposing, cut into parts, or as fragments falling away from the …

Settlement Of Industrial Disputes Through Conciliation Machinery - A Critical Comparative Analysis Based On Singapore Model, Sangeetha S

Theses and Dissertations

In the current global scenario, where a developing country like India is still in the path of progression towards economic objectives the base of which lies in designing the industrialisation strategy and the industrial policy promoting industrial harmony, the need for restructuring the dispute resolution machinery keeping pace with global requirements is the need of the hour. In the wake of the New Economic Policy introduced in 1991, time had come for labour policies to synergistically relate to the industrial policies so that both move in a unified direction rather than the opposite directions.

The transition from the old labour …

Getting Out Of Debt Poverty, Philippe Lord

PhD Dissertations

This dissertation advances a novel government program that could remedy inadequate access to credit for unbanked and underbanked individuals – those it defines as the “very poor.” It sets out the socioeconomic circumstances that create singular barriers for the very poor. It analyses the credit needs of the very poor, the unique institutions they interact with to meet these needs, and the ways in which these institutions intertwine extreme poverty, credit, and marginalisation. The dissertation proceeds to examine the role of the state in the provision and regulation of credit, and in the entrenchment of extreme poverty. It provides a …

Best Laid Birth Plans: A Relational Analysis Of The Legal Rights Of Birthing People In Canada, Julianne Michelle Stevenson

LLM Theses

While it is trite law in Canada that patients have the right to make their own medical decisions, news reports, regulatory complaints, and civil claims indicate that this right is failing to translate to delivery rooms. This thesis examines the gaps between the legal rights of birthing people in Canada as they exist “on the books” and the way those rights are experienced, using the critical theory of Law in Action. Building on feminist critiques of the traditional liberal conception of autonomy, this thesis conceptualizes childbirth as an experience deeply embedded in relations to others and concludes that to close …

A Soft Competition Among Arbitral Institutions: The Institutional Oligopoly Of Mixed Arbitration, Lukas Schaugg

PhD Dissertations

Arbitral institutions play a vital role beyond merely facilitating international arbitration between private parties and states; they actively shape international legal norms and influence global governance. Despite their strategic and policy-shaping role, scholarship on arbitral institutions remains limited mostly to doctrinal analyses of their procedural functions. Addressing this gap, this thesis presents a comparative case study, exploring the influence of four dominant arbitral institutions and their leading experts on the development and evolution of mixed arbitration. The study combines insider research and work in the archives of inter- and non-governmental organizations, states, and influential individuals. It also draws on numerous …

Corporatizing Violence: Targeted Repression Of Indigenous Dissent In Democratic States, Laikaika Layne Rivera

Dissertations and Theses

This thesis explores state repression of disruptive protests against private development projects in democracies. Using a mixed methods approach, including logistic regression and case studies, the research identifies key factors influencing repression. Indigenous leadership, fragmented public opposition, and private elite influence increase the likelihood of violent repression. The findings suggest that when public resistance is insufficient against powerful private interests, coercive institutions resort to violent strategies to quell disruptions and signal increased costs for future dissent. State repression is more likely when the protest movement is comprised of Indigenous groups than compared to those of the general public. The study …

Indigenous Biocentric Law Against A Legacy Of Violence: Chilean Water Regulation, Free Trade With The Eu, And Violations Of Mapuche And Aymara Rights To Water, Joseph Jonathan Edward Simard

LLM Theses

Assertions of Mapuche and Aymara law in defence of waters are hampered by a legacy of state violence, and continued appropriation of Indigenous worldviews under commodified conceptions of nature. I interrogate and analyze the connection between Chile’s water market regime, natural resource extraction, water scarcity, and free trade and foreign investment. Chile’s Water Code facilitates water-intensive agribusiness, mineral extraction, and salmon aquaculture as part of export-oriented economy. At the same time, free trade agreements signed with EU countries knowingly encourage overextraction of water and natural resources. I argue in favour of grassroots movements toward land restitution and jurisdiction as solution. …

Analysis And Application Of The Offense-Defense Theory: Russia, Ukraine, And History., Kirby Ballard

College of Arts & Sciences Senior Theses

Political scientists and government advisors have long sought to understand what influences conflicts and how to predict them. Despite constant war, a commonly used empirical theory that can answer this question has not emerged. The majority of theories created are either conflict-specific or not empirically testable. Considering these factors, I sought out a theory that would help me better understand Russia's choice to invade Ukraine in the spring of 2022. I selected the offense-defense theory due to its many attempts to explain territorial conquest, the likeliness of conflict, and overall losses. The main focus of the theory is to explain …

Policy Brief: Decreasing Unintended Pregnancy Rates In Mississippi, Jaycee S. Pilcher

Honors Theses

On June 24th, 2022, the U.S. Supreme Court’s decision to reverse Roe v. Wade marked a pivotal moment, eliminating the federal right to pregnancy termination. This thesis examines the challenges of restricted abortion access and emphasizes preventative strategies for unintended pregnancies. Analyzing both pre- and post-pregnancy interventions, such as enhanced sex education, hormonal contraceptives, insurance coverage, prescribers, and post-pregnancy policies, this thesis urges Mississippi residents and legislators to consider policy adjustments for reducing the occurrence of unintended pregnancies.

This research includes an analysis of literature, legislative records, and statistical data. It takes a comparative approach to evaluate the effectiveness of …

What Explains Male And Female Decision Making To Enter Law? Evidence From A Survey Of Us-Based Undergraduate Students, Abigail Cohen

University Honors Theses

The research conducted in this thesis aims to explain why fewer females than males choose law and pinpoint the explanation as to why they have disparate experiences in the field. The hypothesis is sex discrimination is to blame for the differences among female and male decision making. Sexual harassment and discrimination plays a very prominent role in male dominated fields and discourages females from joining those workforces. The research method for this experiment was an anonymous survey, sent out via social media and email. The survey method was chosen because it was meant to be a quick, yet effective way …

A Staged Framework For Llm-Powered Information Extraction In Government Contracts, Jung H. Yae

Theses and Dissertations

The manual extraction of meaningful insights and conversion of content into structured forms to enhance document processing require substantial resources and are susceptible to errors. Despite numerous applications of various Natural Language Processing (NLP) models to streamline the manual process, challenges persist due to domain-specific data constraints and the deficiency of annotated data. This study attempts to address these challenges by leveraging a Large Language Model (LLM) to analyze government contracts. Through rigorous evaluation, we demonstrate the LLM’s effectiveness in information extraction and mitigating hallucinations, achieving a 87.86% accuracy in metadata extraction.

Challenges That Inhibit Sbir Commercialization: The Small Businesses’ Perspective, Hart J. Holt

Theses and Dissertations

Every year the United States invests $3.2B in the Small Business Innovation Research (SBIR) Program. The program seeks to promote innovation among the nation’s small businesses. This research considers challenges faced by small businesses working with the DoD, which accounts for half of the annual SBIR investment. We surveyed participating businesses with open-ended questions to understand their perspectives. Our data consists of 286 responses from firms that have held Air Force SBIR contracts. Using Qualitative Content Analysis, we identified five categories of challenges: SolverSeeker Disconnect, Funding, Engagement, Processes, and Seeker Education. Furthermore, the results of a statistical analysis indicated that …

Administrators’ Perceptions Of School Resource Officers’ Preparedness To Work With Black Girls, Kashon N. Lopes

Seton Hall University Dissertations and Theses (ETDs)

School safety is a topic of concern across the nation today because images of mass shootings and violence in schools receive heavy media coverage. Different strategies have been enacted to keep people safe including metal detectors, video surveillance, strict discipline policies, and armed personnel. Some of these strategies such as zero tolerance policies and school resource officers have received scrutiny from activist groups such the American Civil Liberties Union because they are attributed with the trend known as the school-to-prison pipeline (ACLU, 2013). This trend poses that strict policies and the presence of law enforcement in schools pushes minority children …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Making Sense Of Making Parole In New York, Alexandra Mcglinchy

Dissertations, Theses, and Capstone Projects

For many individuals incarcerated in New York, the initial step toward freedom begins with an interview with the Board of Parole. This process, however, is frequently a complex and challenging one, characterized by repeated denials and extended incarcerations. The disparity in outcomes – where one individual may receive over 20 denials and another is granted parole on their first attempt – highlights the ambiguity and inconsistency in the parole decision-making process. This project aims to clarify the factors that influence parole decisions by concentrating on measurable variables. These include age, race, duration of sentence served, proportion of sentence served, type …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …