Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1981 - 2010 of 7094

Full-Text Articles in Public Affairs, Public Policy and Public Administration

From The Editor, Antulio Echevarria Ii Mar 2019

From The Editor, Antulio Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Regulatory Design For Transport Security Regulations Of Nuclear And Other Radioactive Material, Marc R. Fialkoff Mar 2019

Regulatory Design For Transport Security Regulations Of Nuclear And Other Radioactive Material, Marc R. Fialkoff

Purdue Workshop on Nonproliferation: Technology and Approaches

A cornerstone within a nuclear security regime of a country is a legislative and regulatory framework that both regulates the individuals using radioactive and nuclear materials, but also regulates the regulators for their commitments under International Law. When drafting nuclear law and regulations, both technical and legal expertise is needed to ensure the regulation meets the technical requirements for security, but also is legally enforceable within a country’s jurisdiction. While the Primary Nuclear Law, or Enabling Act provides establishes the Competent Authority and responsibilities for nuclear security, regulatory development is where the proverbial, rubber meets the road for requirements. The …


Overcoming Impediments To Shellfish Aquaculture Through Legal Research And Outreach: Case Studies, National Sea Grant College Program, Catherine Janasie, Amanda Nichols, Read Porter, Mitchell Ramic, Jordan Viana, Joseph Bingaman, Elizabeth Andrews, Angela King, Danielle Goshen, Shana Jones, Lisa Schiavinato, Catherine Courtier, Danielle Goshen Mar 2019

Overcoming Impediments To Shellfish Aquaculture Through Legal Research And Outreach: Case Studies, National Sea Grant College Program, Catherine Janasie, Amanda Nichols, Read Porter, Mitchell Ramic, Jordan Viana, Joseph Bingaman, Elizabeth Andrews, Angela King, Danielle Goshen, Shana Jones, Lisa Schiavinato, Catherine Courtier, Danielle Goshen

Virginia Coastal Policy Center

More than half of the population of the continental United States resides in coastal communities, which are increasingly home to commercial shellfish aquaculture operations. Consequently, a variety of user conflicts can arise as states seek to encourage the development or expansion of shellfish aquaculture. Each of these conflicts creates the potential for opposition and legal challenges to the industry.

An understanding of the legal and regulatory context governing shellfish aquaculture can assist in managing conflicts related to the industry. Laws and regulations in some cases create or can be perceived as impediments to the growth or success of the aquaculture …


Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray Feb 2019

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge Feb 2019

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson Feb 2019

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge Feb 2019

New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge

Space Traffic Management Conference

The recent Space Policy Directive-3, issued on June 18th, 2018, commands several sectors of the federal executive apparatus to reassess their current and future efforts to address space traffic management and space situational awareness issues. The reasons for this Directive can be boiled down to the belief that the continued use of the orbital realm depends on responsible management, which in turn depends on myriad factors that include the development of new technologies, the refinement of data gathering, and the clarification of governmental operational roles. In particular, the Directive calls for enhanced standardization of safety and best practices, …


The Torch (February 2019), Crtp Feb 2019

The Torch (February 2019), Crtp

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58


The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze Feb 2019

The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …


"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas Feb 2019

"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas

Dignity: A Journal of Analysis of Exploitation and Violence

This article is a description of the research I conducted on the sex industry in Manitoba, Canada, from 2016-2017. I interviewed 61 people, of which six were political leaders, 23 were social workers, 24 were police officers, and eight were sex industry survivors. About half of the practitioners I interviewed are also sex industry survivors. As a veteran police officer with 35 years of law enforcement experience, my research journey was unique from conducting the interviews to reporting my findings. These are some of my experiences and the lessons I learned about gathering and sharing the stories of sex industry …


A Study Of Factors Influencing Hiring Decisions In The Context Of Ban The Box Policies, Ronald F. Day Feb 2019

A Study Of Factors Influencing Hiring Decisions In The Context Of Ban The Box Policies, Ronald F. Day

Dissertations, Theses, and Capstone Projects

This dissertation investigates whether NYC employers adhered to Ban the Box by removing the question about criminal history from employment forms, by refraining from inquiring about an applicant’s criminal record during the interview process, and by complying with other aspects of the policy. The study also documents employer perspectives on Ban the Box and on the hiring of individuals with criminal convictions, and examines whether more individuals with a criminal record were hired after the policy was implemented.

Using a mixed-methods approach, surveys were administered to companies in the nonprofit and private sectors, and semi-structured interviews were conducted with a …


Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha Jan 2019

Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018, the Language Comission of the Ministry of Education and Culture (Kemendikbud) of the Republic of Indonesia has made verification towards all the languages that exists in Indonesia. The verification conducted from 1991 to 2017 resulted in 652 languages to be found. That number still does not include the dialects and their sub-divisions of the 652 languages. Meanwhile, UNESCO recorded 143 languages based on their vitality status. Identity can be interpreted as similarity or unity with others in a certain area or other things (Rummens, 1993: 157-159). "The identity possessed by an individual can be in the form of …


Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker Jan 2019

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.


From Exploitation To Equity: Building Native-Owned Renewable Energy Generation In Indian Country, Michael Maruca Jan 2019

From Exploitation To Equity: Building Native-Owned Renewable Energy Generation In Indian Country, Michael Maruca

William & Mary Environmental Law and Policy Review

Indian country contains abundant renewable energy resources, and harnessing such resources is vitally important for national climate change mitigation efforts. Shifting the electric grid towards wind and solar generation also carries local environmental and health benefits, increases energy independence, and serves national security interests. For willing tribes, renewable energy development offers an opportunity for job growth and income base expansion. But if that development is to serve all parties— tribes, states, and the nation—then the current policy framework must change. If it does not change, policymakers risk continuing the long history of exploitative resource development on reservations.

This Article examines …


Creating The Best: A Two-Prong Policy Approach To Improve The Quality Of Future Certified Ohio Peace Officers, Amy English Jan 2019

Creating The Best: A Two-Prong Policy Approach To Improve The Quality Of Future Certified Ohio Peace Officers, Amy English

Regis University Student Publications (comprehensive collection)

This qualitative client applied study explained and explored a two-fold approach that could be used to implement policy changes that will aid small Ohio police departments in commissioning intellectually developed and psychologically suited individuals for employment in law enforcement. Several issues needed to be addressed in order to accomplish these policy changes. Criminological theories were correlated to deviant behaviors of criminally charged Ohio police officers. Past legislated police reform acts were addressed. Past studies of police officer higher education were analyzed. Finally, the implementation factors for psychological evaluations as a police academy pre-enrollment requirement were identified. This study, based on …


Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford Jan 2019

Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford

Faculty Scholarship

No abstract provided.


Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith Jan 2019

Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith

Electronic Theses and Dissertations

What factors have led to successful outcomes in international peace operations conducted in Sub Saharan African countries? What factors explain mission failure? I proposed a basic theory of peace operations that linked conflict conditions to mandate design to the capability of an intervening force deployed for mission implementation developed from arguments and empirical results of previous research.

Data on 86 peace operations that occurred in 23 African states covering 33 separate conflict periods between 1990 and 2015 was analyzed. My main findings showed that mandates were derived from conflict assessments and determined the size of intervening force required. The results …


The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel Jan 2019

The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel

Touro Law Review

No abstract provided.


Ua12/8 Annual Campus Safety & Security Report, Wku Police Jan 2019

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Administration Documents

This report is designed to provide students, potential students, parents, facility and staff with crime statistics and information on university services and crime prevention programs.


The Justice System Is Criminal, Raven Delfina Otero-Symphony Jan 2019

The Justice System Is Criminal, Raven Delfina Otero-Symphony

2020 Award Winners

No abstract provided.


Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn Jan 2019

Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn

2020 Award Winners

No abstract provided.


Can Accessibility Liberate The "Lost Ark" Of Scholarly Work?: University Library Institutional Repositories Are "Places Of Public Accommodation”, 52 Uic J. Marshall L. Rev. 327 (2019), Raizel Liebler, Gregory Cunningham Jan 2019

Can Accessibility Liberate The "Lost Ark" Of Scholarly Work?: University Library Institutional Repositories Are "Places Of Public Accommodation”, 52 Uic J. Marshall L. Rev. 327 (2019), Raizel Liebler, Gregory Cunningham

UIC Law Review

For any body of knowledge – an ark of power or a corpus of scholarship – to be studied and used by people, it needs to be accessible to those seeking information. Universities, through their libraries, now aim to make more of the scholarship produced available for free to all through institutional repositories. However, the goal of being truly open for an institutional repository is more than the traditional definition of open access. It also means openness in a more general sense. Creating a scholarship-based online space also needs to take into consideration potential barriers for people with disabilities. This …


Exploring Paths For Water Services And Human Capabilities In U.S.-Mexico Border Colonias, Chilton Tippin Jan 2019

Exploring Paths For Water Services And Human Capabilities In U.S.-Mexico Border Colonias, Chilton Tippin

Open Access Theses & Dissertations

This Thesis examines causes and consequences of water insecurity in colonias on the U.S.-Mexico border and explores potential pathways for improving situations wherein low-income households lack reliable access to water and sewer services. Colonias are low-income, rural and/or semi-rural communities that lack basic services, such as paved streets, water, and sewer. Through in-depth interviews, surveys, and ethnographic observations, the research presented here describes needs, desires, and capabilities of residents in two high-needs Texas colonias. First, findings elucidate the lived experiences of water insecurity in colonias households, leading to an argument that lacking water access constitutes a nexus, wherein water insecurity …


An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne Jan 2019

An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne

Scripps Senior Theses

Mental health treatment in state prisons is revealed to be highly variable, under-funded, and systematically inadequate. Existing literature exposes this injustice but fails to provide a comprehensive proposal for reform. This paper attempts to fill that gap, outlining a cost-effective, evidence-based treatment proposal, directly addressing the deficits in care revealed through analysis of our current system. In addition, this paper provides historical overviews of the prison system and mental health treatment, utilizing theoretical perspectives to contextualize this proposal in the present state of affairs. Lastly, the evidence is provided to emphasize the potential economic and social benefits of improving mental …


Rethinking Consumer Protection: Escaping Death By Regulation, Thomas L. Tacker Jan 2019

Rethinking Consumer Protection: Escaping Death By Regulation, Thomas L. Tacker

Publications

This book is designed to appeal to anyone who is at all interested in topics related to making life better and safer—for all us consumers. Our current approach to consumer protection is extremely flawed; sometimes costing lives rather than saving them. There are better ways to protect ourselves and the people we love.


Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger Jan 2019

Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger

Center on Children, Families, and the Law: Faculty Publications

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private …


Local Regulation Of Charitable Solicitation, Joseph Mead Jan 2019

Local Regulation Of Charitable Solicitation, Joseph Mead

Law Faculty Articles and Essays

Most discussions of the policy context for nonprofits in the United States focus on federal or state restrictions. Fundraising charities, however, must comply not only with myriad state requirements but an uncertain number of local requirements as well. Based on a survey of the largest cities in the United States, I find that all of these cities have some restrictions on charitable solicitation. Several of the cities also impose extensive registration requirements and other restrictions. These findings highlight the need for nonprofits to be aware of local regulation of their activities.


Funding And Allocation In School Districts Educating Children With Impact Aid, Jamee M. Lynch-Moore Jan 2019

Funding And Allocation In School Districts Educating Children With Impact Aid, Jamee M. Lynch-Moore

Walden Dissertations and Doctoral Studies

Budgeting and allocation decisions made by school districts have a direct impact on education in local communities. Little, however, is known about budgetary allocation and decision-making practices involving federal Impact Aid received by military-connected districts as no national guidelines exist to guide the allocation of this funding source. Using Sielke's garbage can decision model as the foundation, the purpose of this multiple case study of 5 school districts located throughout the United States was to explore how school districts use Impact Aid to achieve educational adequateness for military-connected children. Research questions focused on how school districts make budgetary decisions in …


Antibullying Definition, Policy, Surveillance, Education, And Training In The Healthcare Field, Adlene Jones Mcelroy Jan 2019

Antibullying Definition, Policy, Surveillance, Education, And Training In The Healthcare Field, Adlene Jones Mcelroy

Walden Dissertations and Doctoral Studies

Workplace bullying in the healthcare field has contributed to decreasing productivity, decreasing employee morale, increasing workplace lawsuits, overall dissatisfaction in the workplace, and potentially compromising care to patients. Little, however, is known about how public policies related to workplace bullying impact the experiences of healthcare workers. Using Cornell and Limber's conceptualization of bullying, the purpose of this general qualitative study was to better understand the experiences of healthcare leaders and workers related to workplace bullying of a single health care facility. Data were principally collected from 9 participants representing three organizational leaders, three nurses, and three ancillary members staff. These …


The Regulatory Transformation In Using Medicinal Cannabis To Treat Disease In The United States, Kevin Rubin Jan 2019

The Regulatory Transformation In Using Medicinal Cannabis To Treat Disease In The United States, Kevin Rubin

Walden Dissertations and Doctoral Studies

Therapeutic benefits of medicinal cannabis are well documented in the treatment of a variety of medical conditions. There is not, however, a nationally consistent delivery system, which has prevented many patients from realizing these benefits. Using policy feedback theory as the foundation, the purpose of this general qualitative study was to better understand how state-level regulatory efforts in medicinal cannabis may provide guidance on formulating national public policies that are beneficial to patients. This study compared 3 core tenets of NORML, an authority in the cannabis industry, against the policies of 3 states with exemplary state medical cannabis programs. The …