Law Commons^™

Protection Of Journalists In Situations Of Armed Conflict : Enhancing Legal Protection Under International Law, Hong Tang

Theses and Dissertations

The purpose of this dissertation is to highlight the specific conditions created by armed conflicts (international and internal armed conflicts), and to survey and discuss the international laws (governing both sovereign states and international intergovernmental organizations, or governing either sovereign states or international inter-governmental organizations) that can promote better protection for journalists in the circumstances of armed conflict. This dissertation also serves to reaffirm those elements of international humanitarian law that apply to the protection of civilians and journalists in situations of armed conflict; to reestablish and promote the authority of those basic rules on both international and national levels; …

The Effective Approaches Of International Law Regarding Cartels, Sanghyun Lee

Theses and Dissertations

A free market system based on both freedom of contract and protection of property principles operates challenged by demand and supply. Under a free market system, demand by consumers and supply by producers determine the price and quantity of a product in a market. Competition policy leads suppliers to compete among themselves in sales terms or conditions. Competition toward attracting consumers through lower prices is an important principle for working a free market. Competition law is supposed to protect the functioning of the market.

However, it is against competition law principle for competitors to conspire to fix prices or to …

A Case Analysis Of Explaining The Main Factors That Contribute To Rok's Decision Making In Procurement Of Defense Articles, Se Young Kim

Theses and Dissertations

The purpose of this research was to explore the various factors that contribute to ROK’s decision making in procurement of foreign countries defense articles. South Korea is one of the largest weapon purchasers from the U.S. and needs a more self-reliant defense force that can maintain its security with its own authority under the current cease-fire situation. Thus, this study focused on identifying the main factors to consider in deciding whether to purchase a major defense weapon system from other countries. Through the interview of experts who participated in specific weapon programs, thirteen specific factors were evaluated including Interoperability, Offset …

Integrity And Ethics In Western Adjudicatory Systems : Toward A Standard, Ruth S. Astle

Theses and Dissertations

As a global community comes closer to a reality in which there is an international rule of law, a borderless standard of ethics and integrity in adjudication must be developed. Since the beginning of structured adjudication of disputes, ethics and integrity have been an integral part of the process. Even in biblical law, ethics and integrity are emphasized. Now, that many legal disputes, especially in the commercial arena including business and trade disputes, are being adjudicated between and among many different states and individuals from many different states, with many different formal and informal adjudicatory systems, the need for ethics …

Reforming Copyright Law In The Digital Age: A Comparative Study Of The Legal Resolutions On P2p Transmission Between Taiwan And The United States, I-Hsien Chiu

Theses and Dissertations

Adjusting legal system of copyright is vigorously in need in the twenty-first century. The abuse of technology has severely damaged the copyright-related industries not only in Taiwan, but also in the United States. Indeed, the lawsuits filed against modern P2P transmission are fairly unprecedented to courts when facing the tension between copyright holders and technology innovators. Therefore, the technological changes provide an enlightened motivation to develop the analysis on whether the approach that legislators and courts take would harmonize private property rights and public interests. Through the arguments, there are meaningful goals the study attempts to achieve. It is essential …

Assessment Of The Current Cultural Awareness And Training For The Air Force Contingency Contracting Officer, Reza A. Grigorian

Theses and Dissertations

This study examined the current cultural awareness of contracting officers and the effectiveness of cross-cultural training provided to contracting officers through the Defense Acquisition University (DAU), and their monthly training at the base level. Current training in culture is fairly limited - only 2 days of the 9 day course in contingency contracting is dedicated to cultural training. Nevertheless, a comparison of means of 38 students before and after the DAU CON 234 course showed a statistically significant increase in Cultural Intelligence (CQ) on the cognitive and behavioral dimensions, but not on the motivational dimension. In addition, more experienced contracting …

Blending The Battlefield: An Analysis Of Using Private Military Companies To Support Military Operations In Iraq, Heather L. Gallup

Theses and Dissertations

Over the past fifteen years, the Department of Defense has experienced an increasing trend in the outsourcing and privatization of military operations. Key factors contributing to the growth include declines in military budgets, reductions in active duty end-strength, increases in operational deployments, advancements in weapon system technology, and evolutions in the nature of warfare. However, the continued escalation of incorporating Private Military Companies (PMCs) on the battlefield creates unique challenges. The purpose of this exploratory and descriptive research is to identify utilization rates, describe the types of roles being fulfilled, and synthesize the challenges of augmenting military manpower with civilian …

A Delphi Study Of Hipaa Compliance To Battlefield Medical Evacuation, John A. Chessman

Theses and Dissertations

The purpose of this research was to examine the impact of HIPAA compliance on the Battlefield Medical Evacuation process. Specifically, this thesis sought to answer three research questions addressing the current Battlefield Medical Evacuation process and current HIPAA considerations for each step of the process. The research questions were answered through the use of the Delphi Technique. Eight experts, representing Air Force, Army and Civilian medical communities participated in two rounds of the Delphi Technique. The research identified how HIPAA compliance is handled now and identified suggested improvements. An original model of the battlefield medical evacuation process was developed, and …

Balancing Government Risks With Contractor Incentives In Performance-Based Logistics Contracts, Christopher P. Gardner

Theses and Dissertations

The use of Performance-Based Logistics (PBL) as a sustainment strategy for weapon systems has been mandated by the Department of Defense (DoD) and largely embraced by acquisition and contracting professionals in both government and private industry. Despite its apparent success, there is an inherent conflict that DoD implementers of PBL often face: the PBL goal of developing long-term partnerships that encourage investment from commercial partners is best achieved through lengthy, guaranteed contracts—but such contracts increase the DoD’s risk in an environment that is intended to transfer more risk to the contractor. This research examines issues associated with the type and …

An Analysis Of The Design-Build Delivery Method In Air Force Military Construction, James W. Rosner

Theses and Dissertations

The design-build method for construction project delivery continues to grow in both the private and public sector. Several government agencies have observed, through experience with design-build, positive results which give “anecdotal” credibility to design-build methods. The objective of this study is to compare the performance of the design-build delivery method with traditional design-bid-build approaches for Air Force (AF) military construction (MILCON). Data related to 835 (278 design-build, 557 traditional) MILCON projects were gathered from the Automated Civil Engineer System – Project Management Module (ACES-PM) for Fiscal Years 1996-2006. The design-build method had better performance for six of eight metrics with …

History And Influence Of Law Code Of Manu, Charles J. Naegele

Theses and Dissertations

The current legal-historical majority view regarding the Law Code of Manu (Manusmriti) of Ancient India is that it was probably formulated by one man about 2100 years ago (100 BC) and its influence remained confined mostly to India and some parts of Southeast Asia; this view has not yet been revised, in spite of relatively recent scientific and archaeological research findings that appear to shed light upon a possible rethinking of this view. This dissertation explores a new theory that a possible ancient version of the Law Code of Manu (Manusmriti) was formulated and revised by more than one person, …