Hedge Fund Manager Registration Under The Dodd-Frank Act,
2013
University of San Diego
Hedge Fund Manager Registration Under The Dodd-Frank Act, Wulf A. Kaal
San Diego Law Review
Part I of this Article introduces the issue of hedge fund registration and the tension between regulators and the hedge fund industry regarding the appropriate level of regulatory oversight. After a short introduction of historical attempts to register hedge fund managers, Part II describes the legal requirements in the Dodd-Frank Act pertaining to hedge fund managers. Over fifty years of low-level regulatory oversight for the hedge fund industry came to an end with the enactment of the Dodd-Frank Act. Part III outlines the methodological approach of the survey study. It introduces the survey instrument, data sources, sampling, coding, and coding …
Gender Discrimination In The Workforce,
2013
California Polytechnic State University - San Luis Obispo
Gender Discrimination In The Workforce, Natalie Hays, Katherine Morrow
Social Sciences
No abstract provided.
The Plea Bargain Crisis For Noncitizens In Misdemeanor Court,
2013
University of Georgia School of Law
The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade
Scholarly Works
This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen’s low-level conviction will not reliably indicate guilt …
The Spatial: A Forgotten Dimension Of Property,
2013
University of San Diego
The Spatial: A Forgotten Dimension Of Property, Paul Babie
San Diego Law Review
This Article explores, such a spatial turn in the case of property theory requires further elaboration and exploration. First, analytically, the spatial turn can be used to reassemble what we already know about property to recognize expressly the spatial dimension of property, thus revealing what has always been there but which has rarely been named and discussed: property emerges from, exists in, and is replicated through space. Second, and equally important, normatively, revealing the spatial dimension adds context to the social understanding of property and thereby allows us to see and encourage further exploration of the role of property as …
Against Endowment Theory: Experimental Economics And Legal Scholarship,
2013
Georgetown University Law Center
Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler
Georgetown Law Faculty Publications and Other Works
Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …
Value Of Social Science Research Often Measured By What You Don't See,
2013
University of Central Florida
Value Of Social Science Research Often Measured By What You Don't See, Roberto Hugh Potter
UCF Forum
In early April, our UCF colleagues at the Florida Space Institute secured a $55 million grant to produce an instrument for space research. Congratulations!
A Study Of Smith County Alternative Incarceration Center Participants,
2013
University of Texas at Tyler
A Study Of Smith County Alternative Incarceration Center Participants, Anna Tumlinson
Criminal Justice Theses
The purpose of this study is to determine if there was an appreciable difference in the success of Alternative Incarceration Center (Smith County, Texas) participants when on regular probation comparative to probationers who did not participate in the AIC program. The study uses quantitative and qualitative data obtained through self-report surveys and personal interviews. The results do not reveal statistically significant differences in the success rates of the AIC and non-AIC probationers; however, quantitative and qualitative data provided valuable insights about the intensive supervision model of the AIC from the probationer’s and probation officer’s points of view. Further study with …
The Crisis Of Secularism: How Democracy Fuels Moral Panics And Religious Fundamentalism,
2013
San Jose State University
The Crisis Of Secularism: How Democracy Fuels Moral Panics And Religious Fundamentalism, Pedja Ilic
Themis: Research Journal of Justice Studies and Forensic Science
While identifying humanity’s most cherished ideals, there is one notion that ultimately supplants all others: the notion of freedom. The concept itself and its encompassing rhetoric have been utilized ad nauseam by virtually all contemporary social orders to validate the levels of civilizational maturity and, perhaps more importantly, to set goals to which the same should strive. However, irrespective of its categorical position at the very summit of conscious human existence, its interpretational elasticity allows for a diminishing number of concessions. This paper offers critique and examines interactions between multiculturalism, cultural relativism, religion, and secularism within contemporary Western societies. It …
Reducing California's Overcrowded Prison Population,
2013
San Jose State University
Reducing California's Overcrowded Prison Population, Morgan Macdonald
Themis: Research Journal of Justice Studies and Forensic Science
This paper evaluates how “tough on crime” sentencing policies have influenced California's prison population. Several laws which make up the state's strict criminal justice practices were passed over the course of forty years without consideration for their impact on the state's budget and safety. Beginning with the Uniform Determinate Sentencing Act of 1976, the state has created an unsustainable prison system that will dissolve without increased public funding. However, California’s depleted economic condition has forced policymakers to reevaluate the state's criminal justice agenda, while complying with the three- judge court order to reduce its incarcerated population to 137.5 percent of …
Confirmation Bias: The Pitfall Of Forensic Science,
2013
San Jose State University
Confirmation Bias: The Pitfall Of Forensic Science, Scott Moser
Themis: Research Journal of Justice Studies and Forensic Science
As it stands, forensic science and its practitioners are held in high regard in criminal court proceedings due to their ability to discover irrefutable facts that would otherwise go unnoticed. Nevertheless, forensic scientists can fall victim to natural logical fallacies. More specifically, confirmation bias is “a proclivity to search for or interpret additional information to confirm beliefs and to steer clear of information that may disagree with those prior beliefs” (Budlowe et al., 2009, p. 803). To restore the integrity of the forensic sciences, the sources of confirmation bias need to be identified and eliminated. Accordingly, empirical studies have given …
Forensic Investigation Of Stamped Markings Using A Large-Chamber Scanning Electron Microscope And Computer Analysis For Depth Determination,
2013
Western Kentucky University
Forensic Investigation Of Stamped Markings Using A Large-Chamber Scanning Electron Microscope And Computer Analysis For Depth Determination, Eric Douglas Jones
Masters Theses & Specialist Projects
All firearms within the United States are required by the Gun Control Act to be physically marked with a serial number; which is at least 0.003” in depth and 1/16” in height. The purpose of a serial number is to make each firearm uniquely identifiable and traceable. Intentional removal of a serial number is a criminal offense and is used to hide the identity and movements of the involved criminal parties. The current standard for firearm serial number restoration is by chemical etching; which is time & labor intensive as well as destructive to the physical evidence (firearm). It is …
Beyond High Hopes And Unmet Expectations: Judicial Selection Reforms In The States,
2013
University of Nevada, Las Vegas
Beyond High Hopes And Unmet Expectations: Judicial Selection Reforms In The States, Rebecca D. Gill
Political Science Faculty Research
The scholarly debate about how to select state judges has been ongoing for decades; the public debate on the issue spans more than a century. Proponents on each side seem confident that their preferred method of judicial selection is the best. Reformers argued that, “judicial elections deserve the limelight in the variety show of threats to judicial independence.” Defenders of judicial elections have countered that judicial reformers are “waging war on democratic processes and the rights of citizens to maintain control over government.” The empirical evidence to date, however, has largely resulted in a draw. The more we learn about …
The Florida Jury Technical Evidence And Bias,
2013
University of Central Florida
The Florida Jury Technical Evidence And Bias, Andrew Albaugh
HIM 1990-2015
The recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what biases regarding highly specialized evidence have arisen must also be examined and addressed. Furthermore, solutions designed to increase a jury's …
Citizens Policing The Police An Evaluation Of Citizens Recording Police Officer And Wiretapping Laws,
2013
University of Central Florida
Citizens Policing The Police An Evaluation Of Citizens Recording Police Officer And Wiretapping Laws, Thiago Coelho
HIM 1990-2015
The focus of this thesis is to explore the legality, the issues, and the remedy to a controversial statute in the State of Illinois. This thesis will explain how the First Amendment relates to the Illinois statute and its desire of a citizen is right to report information that is not being granted. Moreover, this paper will further go into a recent legislative bill to amend the Illinois statute, its failure, the media surrounding the issue, and the consequences of amending or not amending the statute. It will further review state law in regard to citizens recording police officers, and …
The Lasting Effects And Analysis Of The Supreme Court's Decision In The National Federation Of Independent Business V. Sebelius,
2013
University of Central Florida
The Lasting Effects And Analysis Of The Supreme Court's Decision In The National Federation Of Independent Business V. Sebelius, Devin Esposito
HIM 1990-2015
The purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper will then discuss the background of the Affordable Care Act, the procedural history of the case, and the majority's …
The Cost Of Convenience The Extent Of The Reasonable Expectation Of Privacy In The Internet Age,
2013
University of Central Florida
The Cost Of Convenience The Extent Of The Reasonable Expectation Of Privacy In The Internet Age, Justin Karpf
HIM 1990-2015
The thesis will conclude by identifying issues that courts and legislatures will have to address in the coming years to adequately deliver justice in a dynamic society that is prone to powerful technological change.; Though the Internet and social media are fairly recent developments, the legal principles and issues embodied in them are well-represented in the Constitution. Take, for example, the freedom of expression enumerated in the First Amendment. Though traditionally in print, pamphlets, and film, recent developments in technology such as Facebook and blogs have become the new standard forms of communication. Like the physical mediums that arose before …
Study Of Whether United States Supreme Court Sex-Discrimination Jurisprudence Is Well-Grounded In Fourteenth Amendment Legislative History,
2013
University of Central Florida
Study Of Whether United States Supreme Court Sex-Discrimination Jurisprudence Is Well-Grounded In Fourteenth Amendment Legislative History, Jerrell King
HIM 1990-2015
The purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the statutes, codes, and amendments are ambiguous or unclear, judges and justices should use the legislative history to ascertain the intent of the framers of the legislation. …
The Plight Of Foreign National Women In The United Kingdom: Coercion And Trafficking As Factors Of Imprisonment,
2013
University of Central Florida
The Plight Of Foreign National Women In The United Kingdom: Coercion And Trafficking As Factors Of Imprisonment, Sarah Lokey
HIM 1990-2015
Within the United Kingdom (UK) prisons exists Foreign National women (FNW), a unique demographic of women who are non-UK citizens who have committed crimes within the UK. It is important to delve deeper into the issue before judgment is made, however, it seems as though in most circumstances, most citizens are not willing or perhaps even unknowledgeable that such a population within prison exists. Therefore, it is important to educate others about the issues that FNW in prison face. This research focuses on the issues such as lack of special services for the women such as translation and family contacts, …
The Transformation Of Our Workplaces How Gender Has Shaped Workplace Sexual Harassment Law And Award Amounts,
2013
University of Central Florida
The Transformation Of Our Workplaces How Gender Has Shaped Workplace Sexual Harassment Law And Award Amounts, Ian Waldick
HIM 1990-2015
Equal Employment Opportunity laws are a relatively new construct within the framework of American legal history. This area of law, however, has experienced significant development within a relatively short span of time. Over the last half-century, the Supreme Court of the United States has handed down several landmark decisions, clarifying the law as to what constitutes sexual harassment, and in which circumstances employers can be held liable for the harassing actions of employees. The purpose of this thesis is to examine this development, and to assess the question of whether the awards given to male victims of workplace sexual harassment …
Demographic Effects On Attitudes Toward Dating Violence And The Need For Legal Protections.,
2013
University of Louisville
Demographic Effects On Attitudes Toward Dating Violence And The Need For Legal Protections., Kellianne K. Doan
College of Arts & Sciences Senior Theses
Dating violence among college students, whether physical, sexual, or psychological is a serious problem with limited legal resources available for victims. Studies have shown that one in four undergraduate students is in an abusive dating relationship. In Kentucky, individuals in a dating relationship are not eligible to receive civil protective orders, leaving them without legal protection from abusive partners. A fifty‐question survey was administered to 200 students enrolled in Justice Administration courses at the University of Louisville to determine what demographic factors might be related to attitudes toward abuse in dating relationships and whether or not dating partners should have …
