Law Commons^™

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

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.

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

University of 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 …

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

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 …

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

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

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 …

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 …

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.

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."