Law Commons^™

Higher Education Attorneys’ Perceptions Regarding Academic Freedom And Challenges To Academic Freedom, Manuel R. Rupe

Dissertations

Higher education attorneys have emerged in recent years as integral participants in the decision and policymaking processes within American higher educationinstitutions. The perceptions of higher education attorneys regarding academic freedom, including professorial, institutional, and student academic freedom, may significantly impact how higher education institutions respond to modern challenges to such freedom. Key challenges to academic freedom as identified in the literature were categorized into four groups for this study (a) judicial or governmental challenges, (b) internal or collegial challenges, (c) institutionalchallenges, and (d) outside or extra-institutional challenges.

An Internet-based survey was sent to higher education attorneys who subscribed to the …

Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd

McCabe Thesis Collection

This study will attempt to determine the direct and indirect consequences of Federal mandatory minimum drug sentences and drug policy to African Americans. It will examine statistics on drug use, arrest, convictions, and incarceration of African Americans. These statistics will be gathered from several government agencies and will be used to determine if American drug policy discriminates against African Americans. The purpose of this study is to inform and educate African Americans about Federal mandatory minimum drug sentences and the impact they are having on Black communities and to provide links to resources that can be used to promote drug …

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle

PhD Dissertations

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …

Peace In Unity: 19th Century Irenic Motivations In European Unification, Robert Taft Keele

Undergraduate Honors Theses

The Hauptargumenten of politicians and citizens concerning the advantages and disadvantages of the EU are almost exclusively economic or political in nature: lower tariffs; loss of monetary instruments; immigration; disenfranchisement; etc. The object of my thesis is to remind everyone, amid the flurry of speculation and uncertainty prevalent in Europe since the French rejection of the EU constitution, that a major benefit of the European integration is peace, on a continent that has been ravaged by war for centuries. I prove that the establishment of peace was a major element in European unification by confirming links between peace movements and …

Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence

Sociology & Criminal Justice Theses & Dissertations

This study evaluated the relationship between gender and sentencing severity for defendants convicted of violent crimes, victimless crimes, and theft crimes in Norfolk Circuit Court during 2001 and 2002. Based upon social control theories, the author hypothesized that women receive harsher penalties than men for violent crimes and victimless crimes, but that men receive harsher penalties for theft crimes. To test these hypotheses, the author relied, in part, upon data collected by the Norfolk Commonwealth Attorney's office on 3368 criminal cases filed in 2001 and concluded by May 22, 2002. After eliminating cases not pertinent to the study, the data …

Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul

Theses and Dissertations

It is undeniable that databases are an essential building block of the Information Society. Today, every business in developed countries operates fully based upon clientele databases, economic statistics, and industries profiles; and innovation and invention rely heavily on collections of facts, data and information that scientists discovered in research and development or exchanged among them. Legislatures have envisaged a need and significance of the free flow of access to information, thereby prescribing copyright protection only to creative selection and arrangement of the contents of databases, not the factual contents contained within. However, the advent of technology avails unconventional methods of …

Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert

Theses and Dissertations

This article will explore the question how anti-trust law affects the performing rights societies' (PRS) practice plain the different types and forms of licensing of licensing public performance rights of musical works into audiovisual media. It will, first, set forth the historical development and necessity of PRSs; secondly, define and exublic performance rights; and, thirdly, analyze in detail the historical attempts by the government and by private parties to enforce anti-trust law against the PRSs' system of blanket licensing musical works into audiovisual media.

Nepal's Accession To Wto And Nepalese Legislation Required To Give Effect To Wto Covered Agreements, Ramesh Bikram Karky

Theses and Dissertations

Nepal's obligation of bringing its national legislation in conformity with the WTO Covered Agreements is one of the greatest challenges faced by Nepal. Here, for the purpose of our study, the coverage of the WTO Covered Agreements includes the WTO Agreement particularly Article :XVI:4, the Multilateral Agreements on Trade in Goods, General Agreement on Trade in Services and Agreement on Trade-Related Aspects of Intellectual Property Rights.60 This dissertation will focus on Nepal's accession to the WTO and examine Nepalese laws to be revised, amended or enacted to give effect to WTO Covered Agreements. This dissertation is divided into four Chapters …

The Egyptian Public Prosecution And Human Rights In The Pre-Trial Criminal Justice, Khaled Wahid Mohamed Khaled Ghazy

Archived Theses and Dissertations

No abstract provided.

Privatization Slow-Down: Government Reluctance Or Economic Failure?, Sara Alam El-Din

Archived Theses and Dissertations

This research is trying to disclose the reasons behind the slow down of the privatization program in Egypt. It does so by assessing the government's policy with regard to privatization by reference to secondary material and two case studies: the banking and the maritime sectors. These two case studies were carefully chosen in order to highlight particular issues related to the slow down of the process of privatization and the government's policies. The banking sector, for example, is one of the sectors that the government seems reluctant to privatize and only last January did the government announce the willingness to …

Impacts Of The Tax Shift Of 1981: An Examination Of Nevada Local Governments, Philip F. Stoeckinger

UNLV Theses, Dissertations, Professional Papers, and Capstones

The 1981 Nevada Legislature reduced property tax rates in what is known as the “Tax Shift”, whereby cities and counties received less property tax revenue and more sales tax revenue. Nevada made this change to mirror California Proposition 13, along with over forty states nationwide. Furthermore, the property tax rates that could be levied by local governments were “capped.” Nevada also became the only state to depreciate improvements (buildings) in determining the value of property (Tax Topics, 2001). In doing the preceding, Nevada moved from basing its revenue structure on a stable revenue source (property tax), to an unstable revenue …

Women As A Symbol Of Cultural Conflict: The Compatability Of Egypt's Shari'a Derived Personal Status Laws With Its International Obligations, And Prospects For Reform, Jasmin Moussa

Archived Theses and Dissertations

This thesis examines the compatibility of Shari'a-derived personal status laws in Egypt with the international legal obligation to eliminate gender discrimination (specifically in the area of family relations). In Egypt, the Shari'a-derived personal status law for Sunni Muslims governs family relations, including marriage, divorce, child custody and successions, and have been frequently criticized for discriminating against women. However, this body of law is not immutable, it has proven flexible over the centuries, and has accommodated many changes in society.

As such, an important question is: are Egypt's personal status laws reconcilable with its international obligations? If not, how can they …

International Trade Distorting Agricultural Subsidies: Legal And Policy Analysis, Sherzod R. Karimov

Maurer Theses and Dissertations

The WTO is no longer a privileged club of countries, it has transformed into a global trade system and its rules are not just internal and institutional but represent a world trade order. Free trade has expanded to many parts of the world, swallowing up countries that, a decade ago, never could be considered part of a world trade system. One example is Russia which followed socialistic ideals in the past but is now on the verge of gaining access to the WTO. Other countries of the former Soviet Union, including Uzbekistan, are rushing to join the club while others, …

Examining The Basis For Change In Clark County Non-Conforming Zone Change Process, Was It Needed?, Maria D. Kaseko

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study reviews Clark County's non-conforming zone change process from 1990 to 2002. A non-conforming zone change, sometimes known as a non-conforming zone boundary amendment is a proposed request that is not within the range of residential densities and/or non-residential intensities indicated on the applicable land use plan map, master plan, or concept plan. This research explores and examines two questions raised by the Clark County's new implementation plan, which was approved in April 2003 to amend the non-conforming zone change process. 1) Clark County assumed there was a public perception that non-conforming zone changes were being approved without regard …

Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio

UNLV Theses, Dissertations, Professional Papers, and Capstones

No abstract provided.

An Integrated Conflict Management System For The Private Sector Workplace, Jessica Kettle

Theses, Dissertations and Culminating Projects

This thesis begins with an examination inside the private sector workplace and the manner in which the corporate environment currently manages conflict. Upon defining the methods that seem to be best practices, this thesis will analyze what is valuable and what changes should be implemented for a more effective system. The model that is projected serves as a preliminary proposal of the content of an integrative conflict management system. It does not discuss in detail the cost / benefit analysis of a current structure versus what the costs the new system would assume. Also, its purpose is not to yet …

A Just New World Order In The Global Finance, Insop Pak

Theses and Dissertations

This study attempts to address that in search of a just new world order in the global finance what should be the proper national, regional, and international responses to the global financial integration. At first glance, it analyzes the globalization of finance. The impact of globalization on state sovereignty is also demonstrated. In this regard, this study seeks to reconceptualize the traditional notion of state sovereignty. Here it highlights the increased interaction and interdependence between states and non-state actors in the global economy. Then, this study moves on to the anatomy of the dynamics of global governance through government networks- …

The People's Republic Of China's Corrupt Culture: Is The Prc's Arbitration Systems Exempt?, Mary Elizabeth Crawford

Masters Theses

The People's Republic of China (PRC) has struggled with corruption for decades. The PRC' s admission to the World Trade Organization (WTO) has brought some hope to curtail corruption, but this alone has not eliminated corruption within the PRC. One reason for the prevalence of corruption within the PRC is the intertwined relationship between the Chinese Communist Party and judicial and government officials. The purpose of this Masters thesis is to evaluate whether the relationship between Chinese governmental bodies and the PRC's arbitration systems makes Chinese arbitration systems susceptible to corruption.

This study examines the PRC's arbitration systems' close nexus …

Citizen's Satisfaction With The Police, Kim Barshanet Baskerville

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research project is to examine three competing models of citizen satisfaction with the police: 1) citizen characteristics, 2) citizen experience with the police, and 3) citizen quality of life issues. Data were taken from Criminal Victimization and Perceptions of Community Safety in 12 Cities, 1998. The relationship between citizen satisfaction and the three models were tested by examining different types of contact between police and citizens, race, age, gender, and quality of life, which was measured by satisfaction with neighborhood and satisfaction with city. In addition, an item labeled disorder, which takes into consideration acts of …

From Inquisitorial To Accusatorial? Pro-Accusatorial Evidential Reforms On The Roc Criminal Procedure Code, Ming-Woei Chang

Theses and Dissertations

Over the past decades, the ROC criminal justice system has long been criticized for its insufficient human rights protection, especially for the alleged criminal offenders. From 1947 to 1987, the ROC enforced martial law and was in a state of siege. In this era of martial law rule, ordinary citizens in the ROC jurisdiction lived for four decades with little anticipation of any recognition of their inherent human rights, not to mention the rights of the accused. To some extent, it was considered a privilege for an ordinary citizen to claim any right to an impartial trial. The guarantee of …

Differential Police Treatment Of Domestic And Nondomestic Assaults, Gina Michelle Sajko

Sociology & Criminal Justice Theses & Dissertations

The current study examines the effects of type of assault and victim gender on police response. Victim accounts of domestic and nondomestic assaults in the San Diego region were examined. This study found that domestic assaults were significantly less likely to result in arrest than nondomestic assaults. Female victims of domestic assaults were more likely to receive police referrals to outside agencies. Assaults with victim injury were more likely to result in arrest for domestic assaults, and within the sample as a whole. The gender of the victim had no effect on arrest.

An Eleven Year Retrospective Of The Acquisition Review Journal, Mitchell J. Elder

Theses and Dissertations

The purpose of this research was to examine the evolution of the Acquisition Review Journal (ARJ) through its first 11 years of publication. Researchers assessed the Defense Acquisition community through a review of ARJ articles. They considered what areas academics and practitioners have explored, and how they have explored them. This review documents such characteristics as areas of study, methods of study, and contributors. Trends are identified and conclusions are drawn as to the contribution of the ARJ to the Defense Acquisition community of practice.

The Use Of Alternative Dispute Resolution Techniques In The United States Air Force Environmental Conflicts, Nanci R. Pigeon

Theses and Dissertations

The use of alternative dispute resolution (ADR) in government disputes is mandated by the Administrative Dispute Resolution Act of 1990. The use of ADR to resolve disputes provides a quick and inexpensive resolution versus litigation. The Air Force currently has a very strong ADR program in place to resolve acquisition and workplace disputes. However, the varied conditions and situations of environmental issues have prevented the Air Force from achieving similar success in this area. This research analyzes the experiences of 26 Environmental Conflict Resolution Practitioners who have resolved environmental disputes using ADR techniques. Content analysis and pattern matching were used …

The Analysis Of Air Force Institute Of Technology Theses Related To Contracting, Thomas M. Clohessy

Theses and Dissertations

At the end of March 2005, the final students will graduate from the Air Force Institute of Technology's (AFIT) contracting graduate degree curricula -- consisting at various times of both contract management and strategic purchasing course sequences -- which have been relocated to the Naval Postgraduate School (NPS). With the end of the contracting graduate programs at AFIT, it is appropriate to ask what contributions AFIT theses have made to the contracting community. Scholars (e.g., Das and Hanfield, 1997) have argued that thesis and dissertation research is one useful method of determining contributions to the field. The author conducted a …

Seaworthiness In The Context Of The Isps Code And The Relevant Amendments To Solas Convention, 1974, Nabil Anwari

World Maritime University Dissertations

No abstract provided.

Tenured Teacher Dismissal For Incompetence And The Law: A Study Of State Legislation And Judicial Decisions, 1983--2003, Marguerita Kalekas Desander

Dissertations, Theses, and Masters Projects

No abstract provided.

Predictors Of Attitudes And Turnover Intentions In People With Disabilities: The Importance Of Means-Efficacy, Naomi Charity Schmierer

Theses Digitization Project

This study surveyed 107 working college students with varying disabilities. Individual, job, and organizational characteristics were evaluated for their ability to predict job satisfaction, organizational commitment, and turnover cognitions. One area this characteristic that was explored was that of an individual's perception of organizational resources related to legally mandated reasonable accommodations. Using hierarchal regression this study found that self-efficacy, job characteristics, and means-efficacy were key predictors of job satisfaction. Means-efficacy was the only one of these that was a predictor of turnover intentions.

The Legal And Practical Aspects Of Places Of Refuge In The Context Of Salvage, Danhua Li

World Maritime University Dissertations

No abstract provided.

Racial Interactions: A Demographic Perspective On Juror Biases In Deliberations, Jennifer K. Elek

Dissertations, Theses, and Masters Projects

No abstract provided.

The Application Of A System Of Systems Analysis To Assessments Of National Power, George T. Hodermarsky

Graduate Program in International Studies Theses & Dissertations

This dissertation proposes an approach and methodology for the utilization of the fundamentals of systems theory as an aid to national security decision-making. At its core is an examination of the elements of nations' or non-state actor's power resources. The product of the analysis is the compilation of a set of nodes, and the relationships between these, upon which actions may be taken to achieve desired effects. Since the boundaries between the subsystems of power resources are flexible and permeable, and there will be interactions between elements in different subsystems, a system of systems approach is essential so that the …