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Articles 121 - 150 of 168

Full-Text Articles in Legal Studies

Has The Pendulum Swung Too Far? A Legal Evaluation Of Florida's Child Abuse And Neglect Registry, Julianna Debler Aug 2012

Has The Pendulum Swung Too Far? A Legal Evaluation Of Florida's Child Abuse And Neglect Registry, Julianna Debler

HIM 1990-2015

Over the past several years, increasing public emphasis on preventing child maltreatment has resulted in substantial changes to Florida's child abuse and neglect central registry. Many of these recent changes, aimed at preventing child maltreatment, have resulted in over one million false, unsubstantiated, and inconclusive reports of child abuse and neglect within the last decade. While the information held in reports may be useful for identifying and preventing potential child abuse or neglect, due process concerns have been raised with regards to the process of placing a person's name in a report without providing a hearing for challenging or removing …


Victims Of More Than Just Bias Gender's Influence On Jury Awards And Other Monetary Benefits In Workplace Sexual Harassment Claims, Anthony Ferraro Aug 2012

Victims Of More Than Just Bias Gender's Influence On Jury Awards And Other Monetary Benefits In Workplace Sexual Harassment Claims, Anthony Ferraro

HIM 1990-2015

The main objective in this research was to examine the extent to which gender and gender biases influence monetary benefits received, including jury award amounts, in workplace sexual harassment claims. Two methods were utilized to explore the discrepancies in monetary benefits received based on gender differences. The first method used was a survey to test various gender attitudes, attitudes on sexual harassment, and how influential a victim's gender was on determinations of damage award amounts in sexual harassment cases. 6 two-way factorial univariate between-subject analyses of variance (ANOVAs) were used to analyze the survey data. The second method in this …


Constitutionality Of Drug Possession As A Strict Liability Crime An Analysis Of Florida's Drug Statute, Davis Watson Aug 2012

Constitutionality Of Drug Possession As A Strict Liability Crime An Analysis Of Florida's Drug Statute, Davis Watson

HIM 1990-2015

The United States has a drug issue that is perpetually problematic. Efforts are being made on every level of government to reduce drug use and deter current and potential future users. Some of these efforts however are putting citizen's rights at risk in a manner that threatens the United States Constitution that hails over both the state and federal governments. My thesis will examine Florida's avant-garde approach to simplifying drug convictions through unprecedented legislation that has already been ruled unconstitutional on its face by the United States District Court for the Middle District of Florida. The decade long struggle will …


Cuba's Deepwater Drilling Operations United States Relations, Legalities, And Future, Olivia Walker May 2012

Cuba's Deepwater Drilling Operations United States Relations, Legalities, And Future, Olivia Walker

HIM 1990-2015

After the calamitous and environmentally devastating occurrence of the Deepwater Horizon Oil Spill in the Gulf of Mexico in 2010, the sobering realities of the United States' failure to successfully protect its ocean waters have caused several modifications in policy, legislation, and overall direction ofthe entire nation. Although there has been a general shift towards ecological safety and away from the pursuit to drill, oil-drilling explorations have continued to take place in internationally. This research will focus on the future operations of Repsol YPF, S.A., a Spanish oil company stationed in Cuba, whose drilling ambitions have caused a myriad of …


Real Estate Law The American Dream Transfigured Into The American Mortgage Crisis, Maricruz Aguiar May 2012

Real Estate Law The American Dream Transfigured Into The American Mortgage Crisis, Maricruz Aguiar

HIM 1990-2015

Real Estate law is the body of rules and regulations with legal codes that concern ownership, development and transactions. Real Estate has grown to be one of the main contributors to the nation's financial system. For decades, the housing market has been such an integral part of the economy. Unfortunately, in the beginning of the twenty-first century lax regulatory oversight led the nation to an economic collapse. Indeed, federal, state and local governments have become heavily involved in solving the downward spiral in the economy. This research focuses on the mortgage crisis in order to show how Real Estate law …


Propaganda Exposed A Glimpse Into The Truth Of Hidden Agendas, Carolyn Park May 2012

Propaganda Exposed A Glimpse Into The Truth Of Hidden Agendas, Carolyn Park

HIM 1990-2015

Government propaganda has been a topic of interest since America was founded, and today is no exception. Every recent Presidential Administration has been accused of using taxpayer dollars to fund propaganda. Although the funding of propaganda has been prohibited by the Consolidated Appropriations Act since 1951, it still occurs frequently. There is no entity that reviews government correspondence before it is released to the public, so government agencies are free to produce what they feel is appropriate even if it is prohibited by the Act. Furthermore, there is no law that specifically forbids government propaganda, and the current punishments amount …


Florida's Medical Malpractice Tort Reform A Cognitive Analysis Of Litigious, Legislative Promulgation And Jurisprudence, Joseph Formoso May 2012

Florida's Medical Malpractice Tort Reform A Cognitive Analysis Of Litigious, Legislative Promulgation And Jurisprudence, Joseph Formoso

HIM 1990-2015

Public opinion in recent years has been seemingly manipulated by superfluous stories, bad press, and negative commentaries regarding the perceived "Medical Malpractice Crisis." It has initiated a political attack on Florida's tort system which has resulted in making valid medical malpractice claims even more so difficult for victimized plaintiffs to pursue. After months of diligent research, and with the loyal aid of my university advisors and the dedicated law librarians I've had the honor to work with, I have thoroughly analyzed Florida's past and present medical malpractice tort reforms and governing procedural laws; in addition to arguing, by virtue of …


Immigration Law And Enforcement The Role Of States And Local Authorities, Yisell Rodriguez May 2012

Immigration Law And Enforcement The Role Of States And Local Authorities, Yisell Rodriguez

HIM 1990-2015

Immigration law and its enforcement are controversial and highly debated topics. States are increasing their role in the enforcement of immigration law by enacting laws that allow local law enforcement to function as immigration officers with the intent of decreasing the illegal alien population within their jurisdiction. The primary focus of this thesis is to determine whether state and local police have the legal power to enforce immigration laws that have been the jurisdiction of the Federal Government for decades. There are two sides that are discussed in this thesis, the proponents who are in favor of increased participation and …


An Examination Of The History And Effect Of American Sex Offense Laws And Offender Registration, David Shabat-Love May 2012

An Examination Of The History And Effect Of American Sex Offense Laws And Offender Registration, David Shabat-Love

HIM 1990-2015

America's Sex Offense statutes and cases are some of the most controversial sections of modern law, both for the extreme sensitivity of their subject matter as well as the scope and application of those laws. This thesis is an analysis and overview of both the objective and subjective issues posed by the current state of those very laws: the subjective portion explored the development of current laws and the diverse attendant legal issues such as over-broadness and excessive or misdirected effect as compared to the Legislative and public intent which directly led to the development of these laws. Additionally a …


Medicate To Execute Constitutional And Ethical Considerations, Adam Schultz May 2012

Medicate To Execute Constitutional And Ethical Considerations, Adam Schultz

HIM 1990-2015

The United States Supreme Court has not yet examined several aspects of the death penalty. One aspect is the ability for the state to forcefully medicate an incompetent inmate, which may result in the inmate appearing competent for execution. While the Supreme Court' ruled that it is unconstitutional to execute an inmate who is incompetent, inmates who would have had their executions vacated due to mental illness are executed because the state can put them on an involuntary medication regimen. According to many experts, involuntary medication regimens mask the affects of their illness instead of providing a cure. Experts often …


The Duality Of Florida's Criminal Pretrial Diversion Programs A Separate Treatment Court For Veterans, David Vanzandt May 2012

The Duality Of Florida's Criminal Pretrial Diversion Programs A Separate Treatment Court For Veterans, David Vanzandt

HIM 1990-2015

This thesis examines two issues facing Florida's young and fledgling Veteran Treatment Courts. First is whether or not a separate hybrid court of already existing mental health and drug courts is needed exclusively for veterans; and second, funding and efficiency of such courts as compared to traditional criminal institutions.


The Weak Registry The Constitutionality And Effectiveness Of Legal Restrictions On Convicted Sex Offenders, Andrea-Li Medina May 2012

The Weak Registry The Constitutionality And Effectiveness Of Legal Restrictions On Convicted Sex Offenders, Andrea-Li Medina

HIM 1990-2015

Over the last few decades our society has moved towards restricting where sexual offenders can live, work, and overall congregate. This issue has been the focus of great public attention due to the media's role in bringing these offenders to the light. Whether it is through the news, movies, TV series, books, talk shows, newspapers articles, etc., these offenders are constantly being talked about. Every body of government in the United States has moved towards implementing restrictions that are aimed at keeping sex offenders away from places where they are considered a potential danger. However, what it is not talked …


Hfs Plus File System Exposition And Forensics, Scott Ware Jan 2012

Hfs Plus File System Exposition And Forensics, Scott Ware

Electronic Theses and Dissertations

The Macintosh Hierarchical File System Plus, HFS +, or as it is commonly referred to as the Mac Operating System, OS, Extended, was introduced in 1998 with Mac OS X 8.1. HFS+ is an update to HFS, Mac OS Standard format that offers more efficient use of disk space, implements international friendly file names, future support for named forks, and facilitates booting on non-Mac OS operating systems through different partition schemes. The HFS+ file system is efficient, yet, complex. It makes use of B-trees to implement key data structures for maintaining meta-data about folders, files, and data. The implementation of …


Parental Accountability For Children In Florida Examining The Oxymoron Of Parental Liability, Marco Specoli Dec 2011

Parental Accountability For Children In Florida Examining The Oxymoron Of Parental Liability, Marco Specoli

HIM 1990-2015

This thesis examines the concept of parental liability and the effect it has in deterring juvenile delinquency, with an emphasis on Florida Law. It will also consider the concept's ability to properly compensate victims of juvenile offenses. The thesis focuses on the circumstances in which a parent or guardian may be liable for the actions of a child and how liability insurance law plays a key role in compensating innocent victims. It discusses Florida's public policy of seeking justice by holding parents responsible and the problems that it faces by doing so. The thesis further examines what issues arise when …


Prosecutorial Discretion And Plea Bargaining: Is There A Jury Trial Penalty?, Gina Hall Dec 2011

Prosecutorial Discretion And Plea Bargaining: Is There A Jury Trial Penalty?, Gina Hall

HIM 1990-2015

As the most powerful position of the courtroom workgroup, the prosecutor plays an essential role in the criminal justice system. From the defendant's initial contact with the criminal court process when the prosecutor makes the charging decision, until sentencing when the prosecutor's recommendation guides judicial discretion, prosecutors hold the power to decide a defendant's fate. Despite the parameters that govern their ability to use discretion, the prosecutor still maintains a significant amount of power to influence crucial decisions with regard to the defendant. The current study addresses the issue of prosecutorial discretion and the ability to mishandle the powers bestowed …


International Contracts A Quantitative Analysis Of Transnational Contract Formation, David T. Ackerman May 2011

International Contracts A Quantitative Analysis Of Transnational Contract Formation, David T. Ackerman

HIM 1990-2015

Globalization is the promise of the future, and it presents, quite literally, a world of opportunities not available in the past. International collaborations in science, research, and business now enjoy increased probabilities of success, in part, because of the advance in technology and the possibility of instantaneous communications. The convenience, simplicity and affordability of technology are helping to make the world accessible to almost everyone. With new availability of international concerns and the growth of global partnerships in all areas of interest, an increased need arises for agreements that memorialize collaborators' commitments, responsibilities and obligations. There is a corresponding concern …


Profiling By Any Other Name Could Be The Foreign Intelligence Surveillance Act, Evan M. Malloy May 2011

Profiling By Any Other Name Could Be The Foreign Intelligence Surveillance Act, Evan M. Malloy

HIM 1990-2015

The undergraduate thesis began with the research question of whether the Islamic community is being profiled by the use of the Foreign Intelligence Surveillance Act (FISA) following the terrorist attacks on September 11, 2001. At the beginning of the project, the researcher's hypothesis was that Muslim community had fallen victim to profiling through the use of electronic surveillance conducted by the American government. The research presented reveals a pattern of profiling and injustices against many different groups of Americans throughout the history of United States surveillance laws starting with the illegal alcohol producers in the 1920's. Amendments to FISA have …


You've Got Mail The Study Of The Attorney-Client Privilege And The Use Of Electronic Mail, Justin W. Mcconnell May 2011

You've Got Mail The Study Of The Attorney-Client Privilege And The Use Of Electronic Mail, Justin W. Mcconnell

HIM 1990-2015

The prolific use of the internet and electronic mail within the legal profession presents novel challenges to the application of the attorney-client privilege; especially, in regards to protecting intended confidential communications relayed through e-mail. This thesis addresses the question of whether an attorney in Florida, through electronic mail use, can waive his client's right to the protections of the attorney-client privilege. After a review of current case law, law review articles, statutes, and texts, this thesis concluded that an attorney's communication through e-mail warrants a reasonable expectation of privacy, permitting the attorney to speak in reasonable confidence to clients through …


The Implications Of Virtual Environments In Digital Forensic Investigations, Farrah M. Patterson Jan 2011

The Implications Of Virtual Environments In Digital Forensic Investigations, Farrah M. Patterson

Electronic Theses and Dissertations

This research paper discusses the role of virtual environments in digital forensic investigations. With virtual environments becoming more prevalent as an analysis tool in digital forensic investigations, it’s becoming more important for digital forensic investigators to understand the limitation and strengths of virtual machines. The study aims to expose limitations within commercial closed source virtual machines and open source virtual machines. The study provides a brief overview of history digital forensic investigations and virtual environments, and concludes with an experiment with four common open and closed source virtual machines; the effects of the virtual machines on the host machine as …


Are Building Design Rating Systems Effective Towards The Goal Of Sustainability In The Design And Construction Of Public And Private Buildings And How Will New Energy Performance And Sustainable Design Requirements Affect The Professional Liability Of Building Design Professionals?, Samuel D. Transue Jan 2011

Are Building Design Rating Systems Effective Towards The Goal Of Sustainability In The Design And Construction Of Public And Private Buildings And How Will New Energy Performance And Sustainable Design Requirements Affect The Professional Liability Of Building Design Professionals?, Samuel D. Transue

HIM 1990-2015

The following paper will explore the future of sustainable building practices as it relates to building design rating systems and whether building design rating systems are effective in conserving energy and resources in the construction of new buildings. This paper will begin by highlighting some of the general principles behind sustainable design practices, and the challenges of determining if building design rating systems are utilized effectively towards the goal of sustainability. In addition, the paper will highlight issues specific to ongoing litigation in Gifford v. U.S. Green Building Council and allegations made within the lawsuit that question the methodology and …


As God As My Witness: A Contemporary Analysis Of Theology's Presence In The Courtroom As It Relates To The "Oath Or Affirmation" Requirement Within The Florida Rules Of Evidence, Nicholas Scott Gurney Jan 2011

As God As My Witness: A Contemporary Analysis Of Theology's Presence In The Courtroom As It Relates To The "Oath Or Affirmation" Requirement Within The Florida Rules Of Evidence, Nicholas Scott Gurney

HIM 1990-2015

The existence of the oath in the courtroom can be traced back thousands of years throughout history, but the use, meaning, and effect of the oath in law has changed dramatically. The oath as we know it was once a powerful truth-telling instrument that our ancestors used to call upon a higher power. It was the belief of many that the oath itself was not sworn to man or state, but rather directly to a deity. The oath has since then evolved as a result of ever changing beliefs, fueled by increasing tolerance, shaping the oath into more of a …


The Application Of Chemometrics To The Detection And Classification Of Ignitable Liquids In Fire Debris Using The Total Ion Spectrum, Jennifer N. Lewis Jan 2011

The Application Of Chemometrics To The Detection And Classification Of Ignitable Liquids In Fire Debris Using The Total Ion Spectrum, Jennifer N. Lewis

Electronic Theses and Dissertations

Current methods in ignitable liquid identification and classification from fire debris rely on pattern recognition of ignitable liquids in total ion chromatograms, extracted ion profiles, and target compound comparisons, as described in American Standards for Testing and Materials E1618-10. The total ion spectra method takes advantage of the reproducibility among sample spectra from the same American Society for Testing and Materials class. It is a method that is independent of the chromatographic conditions that affect retention times of target compounds, thus aiding in the use of computer-based library searching techniques. The total ion spectrum was obtained by summing the ion …


Assessing Harm Reduction A Qualitative Investigation About The Impact Of Therapeutic Jurisprudence On Non-Completing Drug Court Clients, Traci R. Francis Jan 2011

Assessing Harm Reduction A Qualitative Investigation About The Impact Of Therapeutic Jurisprudence On Non-Completing Drug Court Clients, Traci R. Francis

Electronic Theses and Dissertations

Currently, the drug court treatment outcome literature provides little guidance about examining clients that fail to complete drug court. Typically, only successful clients are tracked and measured for outcome success characteristics and not much is known about unsuccessful client outcomes. A large portion of individuals who begin drug court do not complete the program. With unsuccessful rates ranging from 34 to 73%, it seems reasonable to examine the outcome of these cases. Ignoring this phenomenon is problematic because various stakeholders remain uninformed about the drug court model’s full effectiveness. The focus on successful clients may fail to fully capture and …


The Relative Recoverability Of Dna And Rna Profiles From Forensically Relevant Body Fluid Stains, Charly Parker Jan 2011

The Relative Recoverability Of Dna And Rna Profiles From Forensically Relevant Body Fluid Stains, Charly Parker

Electronic Theses and Dissertations

Biological material (fluids or tissues) whether from the victim or suspect is often collected as forensic evidence, and methods to obtain and analyze the DNA found in that material have been well established. The type of body fluid (i.e. blood, saliva, semen, vaginal secretions, and menstrual blood) from which the DNA originated is also of interest, and messenger RNA typing provides a specific and sensitive means of body fluid identification. In order for mRNA profiling to be utilized in routine forensic casework, RNA of sufficient quantity and quality must be obtained from biological fluid stains and the methods used for …


Determining The Presence Of An Ignitable Liquid Residue In Fire Debris Samples Utilizing Target Factor Analysis, Kelly Mchugh Jan 2010

Determining The Presence Of An Ignitable Liquid Residue In Fire Debris Samples Utilizing Target Factor Analysis, Kelly Mchugh

Electronic Theses and Dissertations

Current fire debris analysis procedure involves using the chromatographic patterns of total ion chromatograms, extracted ion chromatograms, and target compound analysis to identify an ignitable liquid according to the American Society for Testing and Materials (ASTM) E 1618 standard method. Classifying the ignitable liquid is accomplished by a visual comparison of chromatographic data obtained from any extracted ignitable liquid residue in the debris to the chromatograms of ignitable liquids in a database, i.e. by visual pattern recognition. Pattern recognition proves time consuming and introduces potential for human error. One particularly difficult aspect of fire debris analysis is recognizing an ignitable …


Black Writing Ink Analysis By Direct Infusion Electrospray Mass Spectroscopy, Christopher M. Moody Jan 2010

Black Writing Ink Analysis By Direct Infusion Electrospray Mass Spectroscopy, Christopher M. Moody

Electronic Theses and Dissertations

An optimized method of extraction, an instrumental analysis method and data analysis was proposed for black writing inks based on direct infusion electrospray-mass spectrometry (ESI-MS). The sampling and analysis method is both minimally destructive and able to assess differences in inks from a reference collection of thirty ballpoint, gel, and rollerball inks. The methanol extracts of ink on paper samples were analyzed with three direct infusion (ESI-MS) methods. Each method varied scan voltage negative and positive, ESI fragmentor applied voltage (+120V, +0V, and -120V), and mobile phase additive. Direct infusion ESI-MS analysis, followed by pair-wise comparisons of the observed ion …


The Forensic Analysis Of Triacetone Triperoxide (Tatp) Precursors And Synthetic By-Products, Kimberly Painter Jan 2009

The Forensic Analysis Of Triacetone Triperoxide (Tatp) Precursors And Synthetic By-Products, Kimberly Painter

Electronic Theses and Dissertations

Triacetone Triperoxide (TATP) is a primary high explosive that can be synthesized using commercially available starting materials and has grown in use among terrorists over the past several years. Additives present in the precursors were investigated to see if they carry through the TATP synthesis and can be detected in the final product potentially aiding in the identification of the source. Additives identified in the acetones were also identified in pre-blast and in some post-blast samples. However, these additives are present in trace quantities relative to the TATP, which coupled with the volatility and short lifetimes of some of the …


Forensic Analysis Of Automobile Paints By Atomic And Molecular Spectroscopic Methods And Statistical Data Analyses, Erin Mcintee Jan 2008

Forensic Analysis Of Automobile Paints By Atomic And Molecular Spectroscopic Methods And Statistical Data Analyses, Erin Mcintee

Electronic Theses and Dissertations

The analysis of 110 automotive paint samples was conducted for the research presented here. Laser-induced breakdown spectroscopy (LIBS) was the central instrument utilized for analysis although scanning electron microscopy / energy dispersive x-ray spectroscopy (SEM/EDS) and Fourier transform infrared spectroscopy - attenuated total reflection (FTIR-ATR) analyses were also performed. Two separate methods of LIBS analysis of samples were used: a cross sectional analysis and a drill down analysis. SEM/EDS analysis focused on the cross section while FTIR-ATR analysis concentrated on the clearcoat layer. Several different data/statistical analyses were evaluated including principal components analysis (PCA), two tailed t-tests based on several …


Determinants Of Turkish Police Officers' Perception Of Integrity: Impact Of Organizational Culture, Bahadir Kucukuysal Jan 2008

Determinants Of Turkish Police Officers' Perception Of Integrity: Impact Of Organizational Culture, Bahadir Kucukuysal

Electronic Theses and Dissertations

The purpose of this research was to examine the influence of police organizational culture on officers' perception of integrity in the Turkish National Police (TNP). Adopting an organizational rather than an individualistic perspective, this study focused on police organizational culture to investigate the causes of integrity problems in the TNP. While focusing on police organizational culture, this study also aimed to determine to what extent officers' perceptions of integrity are influenced by personal and occupational attributes such as age, gender, rank, income, educational level, years of employment, and assignment type. The research was conducted in Turkey's two largest cities, Istanbul …


Time On Florida's Death Row: A Theory Of "Benign Neglect", Angela Willis Jan 2008

Time On Florida's Death Row: A Theory Of "Benign Neglect", Angela Willis

Electronic Theses and Dissertations

This thesis attempts to identify and explain what influences the length of time an inmate spends on Florida's death row. A systematic random sample of 33 Florida death row inmates was drawn from the Florida Department of Corrections death row roster and the Florida Commission on Capital Cases inmate roster. Documented for each death row inmate was how long he spent on Florida's death row navigating the various stages and steps in Florida's post-conviction capital punishment process. The data show that petitions to the state trial courts and appeals to the Florida Supreme Court take the longest time in Florida's …