Law Commons^™

A Comparative Analysis Of The Copyright Law Of The Kingdom Of Thailand And The Copyright Law Of The United States Of America : Within The Context Of International Trade, Sutee Iamcharoenying

Theses and Dissertations

Over the past twenty years, the Kingdom of Thailand's role in international trade has considerably increased. Concurrently, Thailand has been rapidly absorbing and utilizing advanced technology from the developed countries. Along with these favorable consequences, have come concerns regarding intellectual property protection. In fact, intellectual property matters have become one of the focal concerns for the United States, Thailand's most important trading partner. The United States has proclaimed that, to compete with other players in the world, Thailand must develop a sound copyright law reform to sustain its socio-economic development.

The fact that international copyright norms have been evolving may …

The Reinvention Of Nato, Robert M. Antis

Graduate Program in International Studies Theses & Dissertations

In 2006, NATO is operating well out of area and conducting missions beyond the collective defense limits of its founding Treaty. NATO increasingly supports humanitarian relief operations, while also engaged in Afghanistan, the Mediterranean, and African crisis spots.

These changes provide the reason to examine the thesis: only if NATO is able to effectively transform will it be able to continue in its role as the primary European security institution. This transformation of the Alliance is a process, and one that could yet come to an untimely conclusion following any crisis. How NATO has adapted so far, and the potential …

Evaluating Alternatives For Drinking Water At Deployed Locations, Brian S. Hughes

Theses and Dissertations

Because of potential improvements to water security and cost savings, military decision makers may want to consider new means of providing potable water to Airmen in deployed locations. Drilling for water and field bottling show great potential because of the increased security and lower per unit cost when compared to bottled water from approved sources. However, the selection of the best means to supply water is a hard decision which must balance multiple objectives (e.g., security, palatability, and convenience) against limited resources (e.g., cost, airlift, trucks, and personnel). A multi-objective decision analysis model quantifies a decision-maker's values regarding the many …

The Impact Of Economic Factors And Acquisition Reforms On The Cost Of Defense Weapon Systems, James P. Smirnoff

Theses and Dissertations

Cost overruns in weapon system purchases have plagued the Department of Defense (DoD) throughout its history and have resulted in schedule delays and potentially reduced combat capability. This thesis created an empirical model that begins to explain those cost overruns. The model describes how changes in defense budgets, consolidation of the defense industry, acquisition reform, war, and cost estimating error are related to cost overruns. The cost performance of 186 major weapon system programs managed by the Air Force, Army, and Navy from 1970 to 2002 was described using a panel regression model. This research found that funding instability resulting …

Risk-Based Decision Model For Determining The Applicability Of An Earned Value Management System In Construction, Mark D. Workman

Theses and Dissertations

New policy mandated by the Undersecretary of Defense for Acquisition, Technology and Logistics has lowered the dollar thresholds of contracts requiring earned value management (EVM). This policy directed that a "risk-based decision" be made to determine if EVM should be used on firm-fixed price contracts under $20 million. Although not previously applicable to Military Construction (MILCON) building projects or other Air Force Civil Engineer (CE) managed contracts, the new threshold requires that CE projects be evaluated for risk. Therefore, the focus of this research was to analyze the risk factors associated with construction contracts in an attempt to build a …

A Decision Analysis Tool For The Source Selection Process, John R. Trumm

Theses and Dissertations

The source selection process for choosing a contractor does not incorporate a standardized objective decision analysis tool; therefore, the process is extremely subjective and provides little guidance to distinguish between highly competitive contractors. The Air Force Simplified Acquisition of Base Engineer Requirements (SABER) program selects contractors through a Low Price Technically Acceptable (LPTA) source selection process and encounters the same problem of not being able to objectively distinguish between the competing contractors. The LPTA process rank orders the contractors based on price and evaluates the bidders in order until an 'exceptional' contractor is discovered. However, the SABER source selection committee …

Acquisition Program Re-Baselines: Theory And Practice, Troy A. Suarez

Theses and Dissertations

The United States Government requires every program manager in the Department of Defense to document program goals prior to the initiation of an acquisition program. According to the Defense Acquisition Guidebook (2005), an Acquisition Program Baseline (APB) satisfies this requirement. Updating the APB, also referred to as re-baselining, may also be required during the execution of an acquisition program. Although guidance is available for the initial production of a program baseline, scarce information on the guidance and theoretical purpose of a program re-baseline exists. The research presented in this thesis investigated the purpose and effectiveness of program re-baselines through interviews …

The 1998 Rome Statute Of The International Criminal Court: Scope Of The Subject Matter And Personal Jurisdiction Of The Court Towards Individual Criminal Accountability, Remigius Oraeki Chibueze

Theses and Dissertations

The principle of individual criminal responsibility evidences the recognition by the international community that crimes against international law are committed by individuals, not abstract entities and only by punishing individuals who commit such crimes can the provisions of international law be enforced.

This principle which was first propagated by the Nuremberg tribunal has now been confirmed and codified by the international community in the Rome Statute of the International Criminal Court. The Rome Statute established a sui generis permanent international criminal court and unequivocally provides that a person who commits a crime within the jurisdiction of the Court shall be …

Cost As An Independent Variable: A Study Of Its Continued Use By Aeronautical Systems Center's Programs And Their Contractors To Set And Maintain Cost Objectives, Kevin W. Codrington

Theses and Dissertations

The purpose of this research was to assess whether Aeronautical System Center's (ASC's) acquisition professionals believe CAIV has enabled their programs and contractors to set and maintain cost objectives. The three major objectives of this thesis are to answer the following questions: First, Do ASC's acquisition professionals believe their programs are setting and maintaining cost objectives? Second, Do ASC's acquisition professionals believe their contractors are setting and maintaining cost objectives? Last, what is the practitioners' perspective of CAIV? This research identified CAIV as being well received by DoD. It also identified that ASC's acquisition professionals believe their programs and contractors …

A Market Reaction To Dod Contact Delay, Robert D. Carden

Theses and Dissertations

Development projects are occurring at a faster rate in the civilian world than for the Department of Defense (DoD). In the civilian world, faster development means quicker delivery and sales. In the DoD, quicker product development equates to a more capable warfighter. On average, DoD Acquisition Category One (ACAT I) development projects are approaching a 15 year procurement cycle. In the last three years, acquisition cycle time has grown nearly 20 percent. It turns out that the very companies that have learned to be faster, leaner and more effective in their civilian endeavors do not seem to be functioning the …

Predicting The Effects Of Contingency Contracting On Local Economies, Donald J. Wagoner

Theses and Dissertations

In recent years, Air Force personnel have been deployed in support of contingency operations to various points on the globe. The Department of Defense spends millions of dollars to support and sustain forces during contingency operations. The Air Force deploys Contingency Contracting Officers (CCO) to support personnel during these operations. During a contingency operation contracting officers will normally establish short-term contracts as quickly as possible to meet mission requirements with little concern for the local economy. This research concluded that the actions of Air Force CCOs can affect the local economy in a deployed location. By providing contingency contracting officers …

Banking Stability And Optimal Deposit Insurance Design, Yasmine Hamdi Moukhtar

Archived Theses and Dissertations

This thesis focuses on deposit insurance schemes and their relationship to banking crisis. The empirical model used covers 55 developed and developing countries over the period 1970-1989. This study finds that banking crises are closely linked to adverse macroeconomics shocks like economic recessions, financial liberalization, capital account liberalization and short term capital flows, and currency depreciation. External vulnerability (expressed as the ratio of M2 to foreign reserve) is also found to be a key variable. The empirical results also show that deposit insurance increases the probability of banking crises, due to induced moral hazard and adverse selection.

Human Rights And Power: Where Will We Be Next?, Ahmed Ahmed Fouad Helal

Archived Theses and Dissertations

The US Human Rights, as applied by the President George W. Bush, is at a crossroads. Whether it will be accepted and applied by all rations as a uniform standard or it will be defeated and the perception of imposing human rights ideals will prove its failure in promoting human rights. Even more, in case of defeat, it may result on reshaping the norms of Human rights as known today.

The Marginaliztion Of Women In The Political Participation Process In Egypt, Nouran Ezz El Din El Shabrawy

Archived Theses and Dissertations

This article examines the current situation of women in the political participation process in Egypt while highlighting cultural, social, economic, political and legal restrictions that are preventing women from having a chance to be more politically involved.

Legal Interpretations Of The Right To Divorce And Polygamy And The Egyptian Feminist Movement, Mozn A Hassan

Archived Theses and Dissertations

This essay aims to analyze the project of the Egyptian feminist movement in the legal arena to achieve equality for women under the Egyptian laws focusing on the right of divorce and polygamy. lt seeks to examine the most liberal interpretations towards these two questions. The essay assesses many of the methodologies used differently from feminist groups and its focal point were the lslamic legal interpretations according to the Egyptian legal system. The essay provides an innovative classification for feminist movement in Egypt. This classification is based on criticism of other available classifications and their legal tools every group have …

The Dark Side Of Multilateralism: An Assessment Of The Position Of The Developing World In The International Trading System, Marwa H. El-Saghir

Archived Theses and Dissertations

No abstract provided.

Catch 22 Exclusionary Inclusion: The Palestinian Refugees' Struggle For Protection, Suzanne Taher Shams

Archived Theses and Dissertations

No abstract provided.

An Examination Of The Gacaca Tribunals In Rwanda As A Practical Means Of Delivering Mass Justice, Myra Oscar Sabongi

Archived Theses and Dissertations

[abstract not provided]

Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel

Walden Dissertations and Doctoral Studies

This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. …

Economics Of Maritime Environmental Regulations On Oil Pollution Liability : Linking Theory To Practice, Zhirong Tan

World Maritime University Dissertations

No abstract provided.

The Rhetoric Of Innovation, Matthew Herder

LLM Theses

Innovation has been lauded over centuries but the emergence of an "innovation policy paradigm" is a new phenomenon, producing profound changes in the realm of scientific research. Whether these changes stand to benefit 'all' Canadians remains to be seen. Therein lies a problem: The present "innovation policy paradigm" trades on society's deeply entrenched view of innovation (however it occurs) as a public good, while simultaneously encoding for specific a 'brand' of innovation that privileges capital over all other interests. This thesis (1) demonstrates that this paradigm is the product of historically complex contests of power; (2) argues that the paradigm …

The Selective Capacity Of The Likely To Become A Public Charge Clause In The Visa Issuance Process, Camila Morsch

Theses, Dissertations and Capstones

This paper provides an empirical examination of how the Likely to Become a Public Charge Clause (LPCC) is used in the American visa issuance process. This work covers literature on the logic and usage of the LPCC since the late 1800’s to present, suggesting administrative use of the LPCC expands according to different circumstances beyond its intended purposes. The quantitative portion of this work evaluates the use of the LPCC (for both immigrant applicant and nonimmigrant applicant populations) from 1966 to 2002 to ascertain the effect of economic and security conditions on the use of the LPCC. Applied Statistical Logistic …

What Constitutes A Package Or Unit For The Purpose Of Determining The Package Limitation In Carriage Of Goods By Sea [Cogsa]?, Fodil Tighilt

World Maritime University Dissertations

No abstract provided.

Parolee And Police Officer Perceptions Of Prison Gang Etiology, Power, And Control, William Henry Richert

Theses Digitization Project

Examines the attitudes and perceptions among parolees, and police officers on why inmates join prison gangs, how powerful they are, and their power and control in prison. Data was gathered from 250 surveys distributed to a group of parolees at an undisclosed southern California municipal police department jail, and 250 surveys distributed to police managers attending the FBI National Academy in Quantico, Virginia. Results of this study validated the hypothesis that there is a significant difference in attitudes and perceptions of parolees and police officers of why inmates join prison gangs and the power and control gang inmates have in …

The Egyptian Feminist Movement Between Theory And Law: Law In The Writings Of Nawal Al Saadawi, Lobna I. Khater

Archived Theses and Dissertations

The purpose of this thesis is to examine the role of law in the writings of the Egyptian feminist Nawal al Saadawi.

The Turn To International Protection: Examining The Relationship Between Humanitarian Intervention And Internal Displacement, James I. Pearce

Archived Theses and Dissertations

This study examines the relationship between two phenomena that are products of the move towards increased international protection during the 1990s.

The State Of Play As Regards The Allocation Of Places Of Refuge In The Baltic Sea, John Howard Ohlson

World Maritime University Dissertations

No abstract provided.

International Law Principles Of Continental Shelf Delimitation And Sino-Japanese East China Sea Disputes, Ying Cai

World Maritime University Dissertations

No abstract provided.

The Regime Of Boarding Ships In International Maritime Law, Salam Khadim Baghdad Al-Khafaji

World Maritime University Dissertations

No abstract provided.

The Impact Of Post 9-11 Security Measures On Small, Aspiring And Export-Dependent Maritime States : Mixed Blessings For The Caribbean, Paul Wayne Wright

World Maritime University Dissertations

No abstract provided.