Law Commons^™

Some Empirical Evidence On The Non-Normality Of Cost Variances On Defense Contracts, Robert J. Conley Iv

Theses and Dissertations

This study tested the hypothesis that defense cost variances reported on the Cost Performance Report are normally distributed. The DOD requires that all defense cost variances which breech a pre-specified threshold be investigated. The present variance investigation model has been criticized because it can prompt frivolous investigations. In theory, statistical models could reduce the number of frivolous investigations, but they are not used because they require too much information about the cost variance, including its distributional form. Often such models assume a normal distribution, but researchers have shown that the models do not work properly if the assumption is fallacious. …

The Impact On The U.S. Of The General Agreement On Tariffs And Trade, Sean-Stephan Pfaff

Graduate Student Dissertations, Theses, Capstones, and Portfolios

-

Crimes In The Internet And How They Influence The Law, Rimal Kawtar Slaoui-Hamda

Graduate Student Dissertations, Theses, Capstones, and Portfolios

-

A Study Of The Impact Of Acquisition Reforms On Pre-Award Solicitations, Jason J. Bock

Theses and Dissertations

The purpose of this study was to develop insights into the impact acquisition reforms have had on pre-award solicitations. The changing nature of the marketplace and the reduction in the size of the defense budget has brought about a series of sweeping acquisition changes that include the Federal Acquisition Streamlining Act (FASA) and Lighting Bolt initiatives. A qualitative analysis of six cases and interviews of people actively involved in the solicitation process revealed acquisition reform benefits: increased performance, cost savings, and reduced acquisition time. These benefits were achieved through the use of performance-based contracting and adaptation of several commercial business …

Does A Rubber Baseline Guarantee Overruns?' A Study Of Cost Performance And Contract Changes In Major Defense Acquisition Programs, James A. Gordon

Theses and Dissertations

This thesis explores the assumption that cost overruns are related to contract changes. A common assertion in defense literature says that contracts which are relatively stable suffer smaller overruns than those which are highly volatile. The stability or volatility of contracts is characterized by their change history. A contract which is modified frequently or by large amounts is more unstable, or volatile, than one which is not changed either as often or by lesser amounts. This study attempts to find evidence supporting this common assertion by examining the relationship between cost growth and baseline stability on over 400 Major Defense …

An Analysis Of Total Acquisition Lead Time For Small Purchase Actions In An Operational Contracting Environment, Lee. R. Kair

Theses and Dissertations

This research was performed for the purpose of determining the factors which affect Total Acquisition Lead Time (TALT) for small purchase actions procured in an Operational Contracting Environment. The literature review develops a theoretical model using factors such as socio-economic program, regulatory requirements, alternate means of procurement, buyable purchase requests, customer access to information, funding issues, management information systems, purchase of off-the-shelf items, and accelerated or reduced coordinations. A variety of statistical techniques, including a qualitative regression, Bonferroni Technique, descriptive statistics, and parsing of TALT are used to determine the significance and impact of these factors on TALT. The results …

Identifying Cost Patterns Of Managing Technology Transfer Actions, James C. Boyd Iii

Theses and Dissertations

Significant national resources are dedicated to research and development (R&D) at government laboratories. In an era of increasing deficits and resulting budget reductions, transfer of technology from these laboratories to the private sector is important in order to improve the return on this R&D investment, as well as to improve the US industrial technological base, thus enhancing our nation's economic security. However, no accurate measures to evaluate the efficiency of the technology transfer (TT) process exist. Likewise, accurate cost information, affording insight into the cost pattern and allowing more effective resource management, does not exist. This research draws on the …

Predicting Fraudulent Behavior: An Examination Of Characteristics Commonly Exhibited By Fraudulent Dod Contractors, Dwayne P. Sellers

Theses and Dissertations

This study examines the relationship between company size, slack, return on investment, and the frequency of fraudulent behavior. A model is proposed in which an increase in company size and a decrease in company slack and return on investment would increase the frequency of fraudulent behavior. A test of the model showed strong support between a relationship between company size and incidents of fraudulent behavior. Additionally, the results suggest that levels of slack may contribute to the frequency of fraud. Further tests provide no support for the relationship between the decrease in return on investment and the increase in the …

A Cross-Sectional Examination Of Alternative Dispute Resolution: A Search For The Antecedents Of Success, Patrick F. Hopper

Theses and Dissertations

This study examined Alternative Dispute Resolution (ADR) in an attempt to identify antecedents common to successful uses of ADR. The goal was to isolate factors which have the greatest impact on the successful implementation of ADR. A cross sectional examination was designed that included both private industry and government applications of ADR as a resolution method. Documents, audiovisual materials, and personal interviews were utilized to collect the data. An informal interview guide was used to interview individuals with conflict resolution authority within their organizations. Analysis of the data resulted in the identification of five antecedents that increase the probability of …

Commercialization And The Small Business Innovation Research Program (Sbir): An Examination Of The Impacts Of Commercialization On The Small Businesses' Ability To Provide Research And Development Innovation To The Department Of Defense, Jennifer J. Thorpe

Theses and Dissertations

This research explored the small business's perceived ability to provide goods and services to the Department of Defense through the Small Business Innovation Research (SBIR) program. The research was sparked by the enactment of Public Law 102-564, which increased the emphasis in commercialization as a basis for contract award and required a business plan to demonstrate commercial potential and third-party funding commitments. Five SBIR participants in the acquisition of Air Force research and developments innovation, were investigated through case-study methodology. The research concluded that although the defense industries recognized the cumbersome nature of government procurement, they are eager to provide …

China And The Intellectual Property Dispute, Justin Carville

Graduate Student Dissertations, Theses, Capstones, and Portfolios

-

An Exploratory Inquiry Into Community Policing Using Focus Groups: Perspectives From Social Service Providers, Tanya Leigh Ostrogorsky

Dissertations and Theses

The purpose of this study was to evaluate Portland, Oregon's community policing policy by using focus groups to discuss the development and effectiveness over one year, Spring 1994 to Spring 1995. The group discussed included management level social service providers and was one piece of a large scale program evaluation. The collected data developed into six major categories: 1) personnel policies and institutional memory; 2) training; 3) consistency; 4) community involvement and responsibility; 5) partnerships or relationships, and 6) change over time. The most highly discussed issue was the discrepancy between the philosophy of the Bureau, community policing, and the …

An Analysis Of Structure, Organization, And Activities Of Community Dispute Resolution Centers In Virginia, Terri Colby Barr

Theses and Dissertations in Urban Services - Urban Management

This study is a comparative analysis of the structure, organization and activities of the nine non-profit (501 (c)(3)) mediation centers for the resolution of dispute (CDRC) in Virginia. Data for the analysis was collected through on-site interviews, in-depth case studies, and discussions with the leadership of the centers.

The CDRCs suffer from funding shortfalls which pressure them to shift their attention away from their mission. They are dependent upon the state's court contracts for mediation services in order to financially supplement their pro bono mediations and to generate operating capital. The large-budget CDRCs provide a considerable number of pro bono …

The (Social And Economic Paradigm Of Racism And Its Impact On The Educational And Professional Experiences Of Seven African-American Attorneys In Oklahoma City, Tynan D. Anderson

McCabe Thesis Collection

Through the years Blacks have struggled for equality from the right to sit anywhere they chose on a bus to the right to eat in any restaurant. One of the most significant areas of struggle has been equal employment opportunities for Black professionals. The number of Black professionals has increased through the years; however, this increase is minimal when compared to the overall number of professionals in the United States. For example, "the number of Black attorneys has increased by 600% over the past seventeen years... [yet] they only constitute four percent of the total number of lawyers in the …

A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola

Theses and Major Papers

During the mid-1980's, the crisis in marine insurance and growing concern over fishing vessel safety combined to stimulate passage of the Commercial Fishing Industry Vessel Safety Act of 1988. This law was enacted with the goal of improving the overall safety of commercial fishing industry vessels. However, the Act as passed by Congress contained no provisions for marine insurance reform. As a result, the commercial Fishing Industry Vessel Safety Act offered little incentive for the industry to improve upon its dubious safety record. With the exception of self-insurance clubs, the vast burden of implementing the Act has fallen upon the …

Federal Legislation Needed To Improve Towing Vessel Safety, Paul J. Keenan Jr.

Theses and Major Papers

To the casual observer, towing vessels and barges, with their low profile and unassuming presence, may seem to be an uninspiring and small part of the shipping scene. However, tank and dry cargo barges actually carry sixty-nine percent of our nation's domestic waterborne commerce. Regulations for large ships, especially oil tankers, have touched every aspect of the shipping industry, including naval architecture, engineering, damage control, manning, training, licensing, etc. Towing vessels and barges however, have largely managed to escape the proliferation of regulation. Current legislation does not provide for the inspection of sea-going towing vessels under three hundred gross tons …

Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly

Theses and Major Papers

Harbor management planning is a relatively new concept in this country. What is believed to be the first municipal level harbor management plan (HMP) in the United States originated from a need to resolve a problem of encroachments on a Federal navigation channel in Connecticut. This method of harbor planning was soon recognized as an effective management tool and was used as a model for other coastal communities in the Northeast. While early HMPs primarily focused on mooring management, today's plans address many more harbor issues. The Coastal Zone Management Act was intended to form a national coastal zone management …

Maritime Fisheries Enforcement Analysis Of The Nmfs Northeast Region, John Thomas Davis

Theses and Major Papers

The success or failure of fishery management plans (FMP's) is dependent upon many factors. One of those factors is the level of compliance to the regulations implementing the conservation and management decisions of the FMP's that is achieved. Although compliance with regulations does not guarantee the success of management efforts, failure to ensure adequate compliance with management objectives results in failed conservation and management efforts. Enforcement is a crucial element towards achieving conservation and management goals. The objective of this paper is to analyze the maritime fisheries enforcement system in the geographic bounds of the national marine Fisheries Service's (NMFS) …

Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize

Theses and Major Papers

this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that …

The Expanding Role Of State Government In Oil Pollution Prevention Through Regulation Of The Coastal Tug And Barge Industry, Elise Erica Golden

Theses and Major Papers

The Oil Pollution Act of 1990 was enacted by Congress in order to streamline the legislative and regulatory framework governing oil spill prevention, liability, and response. However, in the six years since this law was enacted, a proliferation of oil pollution prevention laws have been enacted at the state level. Many of these state laws directly target the oil transportation industry, and such legislation has ignited controversy among marine safety experts as to the appropriate role of state government in preventing oil spills through industry regulation. This thesis examines one such law, recently enacted by the State of Rhode Island …

Survey On The Seriousness Of Crime: A Comparison Of Three Police Departments, Terry J. Comnick

Theses Digitization Project

No abstract provided.

Oregon's Carry Concealed Weapon Laws: A Historical Review Of The Right To Personal Protection, Richard Meek Bash

Dissertations and Theses

This thesis reviews many of the historical, constitutional and legal factors behind today's gun control policy and how they relate to the laws governing the carrying of concealed firearms within the state of Oregon. Many legal cases are explored for their impact on the carriage of concealed weapons. A thorough examination was made of the Oregon legislative history behind HB 3470, sponsored by then-House Speaker Vera Katz, which was enacted in July 1989, was effective January 1, 1990, and became the kernel of the snowball passage of CCW (carry concealed weapon) laws within the United States. Statistical tests were conducted …

Principals' Knowledge Of Legal Issues Related To The Delivery Of Health Services In Virginia, Lucia Villa Sebastian

Dissertations, Theses, and Masters Projects

Schools have derived their legal powers to regulate student health services through an evolutionary process. Statutory law generally provides the authority for school boards to hire medical personnel to provide health services. In addition, the legal power to provide health services has evolved from the police powers of the states, through the fourteenth amendment guarantee to property rights, and in response to societal needs and expectations.;The present study was conducted to investigate the current status of health services in public schools in the Commonwealth of Virginia, and to determine the level of knowledge of legal issues related to the delivery …

"Never Draw Unless You Mean To Shoot": United States Department Of State's Responses To Property Seizures In Latin America, Nathan D. Younge

Graduate Program in International Studies Theses & Dissertations

This thesis examines the U.S. Department of State's diplomatic handling of disputes over the seizure of U.S.-owned property in Latin America between 1937 and 1973. Seizures in Bolivia, Mexico, Guatemala, Cuba, Peru and Chile are used as case studies, and provide examples of successful and unsuccessful diplomatic outcomes.

Several key factors are analyzed in each dispute, including Several key factors are analyzed in each dispute, including whether the Department took a conciliatory or confrontational approach toward each country, the kind of economic pressure applied, the situations under which the Department opted for official diplomatic involvement, and the types of informal …

An Analysis Of Potential Incompatibility Between The Acts Amendment (Evidence Of Children And Others) Act 1992 And Defendants' Rights, V. F. Pearson

Theses : Honours

The need to balance the needs and rights of all parties is a central consideration in legal procedure. This is no simple task, however, when the interests of the defendant are often in direct contrast to those of the witness. Much of the contention arises from the ambiguity associated with the nature of both victims' and defendants' rights and the lack of clear guidelines for the resolution of conflict where such competing interests are involved. Because Australia has no document precisely delineating the nature and content of individual rights, the result is a reliance on an ill-defined combination of common …

The Effect Of Expert Testimony On Juror Decision Making In Eyewitness Identification Cases, Pamela J. Sullivan

Theses : Honours

The provision of expert testimony for the defence has been demonstrated to sensitise jurors to the variables that may reduce the reliability of an eyewitness identification (Cutler, Dexter, & Penrod, 1989). However, research examining the variables that reduce identification reliability has revealed conflicting findings (Yuille & Cutshall, 1986). Given this disparity in psychological opinion, a situation may arise where opposing expert testimony for the prosecution and the defence is delivered within the same criminal trial This thesis examined the effect of each form of expert testimony about eyewitness identification issues on the decision of the individual juror. The decision making …

The 1868-9 Select Committee On Parliamentary And Municipal Elections : Insights Into The Mid-Victorian Electoral System, Justin Wasserman

Theses : Honours

No abstract provided.

Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland

Theses: Doctorates and Masters

This thesis investigates law and analyses its representations in popular culture. Law is a powerful institution within western society with a regulatory role that is supported by a range of complementary discourses that accord with society's dominant cultural values. This thesis proposes that while such institutional hegemony is never stable as there is always an expectation of challenge or resistance, law is currently experiencing a series of challenges on numerous fronts. Legal commentators themselves acknowledge that law now faces a ‘crisis of confidence' that may affect its status and impact on its power to control and regulate. Media are cultural …