Texting while driving is a growing problem that has serious, and sometimes fatal, consequences. Despite laws enacted to curb this behavior, the problem continues to grow. Discovering factors that can reduce such risky behavior can significantly contribute to research, as well as save lives and reduce property damage. This study developed a model to explore the motivations that cause a driver to send messages. The model evaluates the effects that boredom, social relationships, social anxiety, and social gratification (BRAG) have upon a driver’s frequency of typing text messages. In addition, the perceived severity of the consequences and the presence of a passenger were also be evaluated for any moderating effects on a driver’s texting. Furthermore, a set of hypotheses based on the BRAG model were presented. To investigate these hypotheses, a survey instrument was developed and data was collected from 297 respondents at a mid-sized regional university in the Pacific North west of the United States. Prior to the distribution of the survey, an expert panel and a pilot study were used to ensure the reliability of the instrument. Partial least squares structured equation modeling (PLS-SEM) was used to evaluate the predictive validity of the BRAG model. This evaluation included an assessment of the reflective measures, as well as a detailed analysis of the structural model. Additionally, knowledge visualization techniques were used to emphasize the significance of the findings. The results of this analysis showed that the social gratification one receives from maintaining their social relationships is a significant predictor of texting while driving. Additionally, the results showed that drivers continued to text, regardless of the consequences. However, boredom and social anxiety were not significant predictors of texting while driving. This study makes important contributions to the information systems body of knowledge and has implications for state and local lawmakers, in addition to public health officials. Prior research has shown that bored or anxious individuals use texting to relieve those feelings of discomfort. However, this study did not extend those findings to drivers. As this study found that laws banning texting while driving do not deter this behavior, public health officials and lawmakers should investigate other means of deterring texting while driving, given the significant impact it has on the increase of fatal car accidents in recent years.

Thesis (MPhil)--University of Stellenbosch, 2002. / ENGLISH ABSTRACT: The implementation of eugenic policies reached its peak during the zo" century when thousands of people with intellectual disabilities and other "undesirable qualities" were involuntary sterilized. Although most of the eugenic policies have been removed, countries such as South Africa, still make legally provision for the involuntary sterilization of people with intellectual disabilities. Torbjërn Tannsjë (1998) used the "argument from autonomy" to argue that involuntary sterilization practices are wrong because it involves compulsion. According to him, society should never interfere with people's reproductive choices and people should never be required to qualify for the right to have children. The aim of this assignment was to systematically assess the "argument from autonomy" as far as the policy of involuntary sterilization of people with intellectual disabilities is concerned. To this end, the concept of autonomy and the principle of respect for autonomy are discussed and applied to the intellectually disabled. It is argued that autonomy and respect for autonomy are useful concepts to apply to some people with intellectual disabilities. These individuals should not be automatically assumed to be incompetent, but their competence needs to be determined on an individual level, with reference to the complexity of the decision to be made. Special effort is needed from health care professionals to obtain (where possible) informed consent from people with intellectual disabilities. The application of the principle of respect for autonomy to matters of reproduction leads to the conclusion that people with severe to profound levels of disability, are unable to provide informed consent for sexual intercourse. Therefore some form of paternalistic protection is needed for these individuals. People with mild to moderate intellectual disabilities who are however competent to consent to sexual intercourse should never be prohibited from procreation by means of involuntary sterilization. State interference in matters of reproduction should be limited to interventions where (i) children are seriously harmed by parents and (ii) to protect those who are incompetent to consent to sexual interactions with others. Apart from these exceptions, the intellectually disabled is entitled to the same procreative rights as all other citizens. / AFRIKAANSE OPSOMMING: Die implementering van eugenetiese beleid het gedurende die 20 ste eeu 'n hoogtepunt bereik met die onwillekeurige sterilisering van duisende persone met intellektuele gestremdhede en ander "ongewensde kwaliteite". Alhoewel meeste van die eugenetiese wetgewing verwyder is, maak lande soos Suid-Afrika steeds wetlik voorsiening vir die onwillekeurige sterilisasie van persone met intellektuele gestremdhede. Torbjërn Tannsjo (1998) maak gebruik van die "outonomie argument" om te argumenteer dat onwillekeurige sterilisasie praktyke onaanvaarbaar is omdat dit dwang bevat. Hy voer aan dat die samelewing nooit in die reproduktiewe keuses van mense behoort in te meng nie en dat dit nooit vir mense nodig moet wees om vir ouerskap te kwalifiseer nie. Die doel van hierdie werkstuk was om sistematies die "outonomie argument" te analiseer ten opsigte van die beleid van die onwillekeurige sterilisasie van persone met intellektuele gestremdhede. Met hierdie doel voor oë word die konsep outonomie en die beginsel van respek vir outonomie bespreek en toegepas op die intellektueel gestremde persoon. Daar word aangevoer dat outonomie en respek vir outonomie nuttige beginsels is om in ag te neem in kwessies rakende intellektueel gestremdes. Hierdie individue moet nie outomaties as onbevoeg beskou word nie, maar hul bevoegdheid moet eerder op 'n individuele basis beoordeel word, inaggeneem die kompleksiteit van die besluit wat geneem moet word. Voorts word daar van gesondheidsorgpersoneel verwag om moeite te doen met die verkryging van oorwoê toestemming (waar moontlik) by persone met intellektuele gestremdhede. Die toepassing van die beginsel van respek vir outonomie op aspekte rakende reproduksie, lei tot die gevolgtrekking dat persone met ernstige intellektuele gestremdhede nie in staat is om toestemming tot seksuele omgang te verleen nie. Dus, is 'n vorm van paternalistiese beskerming in hierdie gevalle aangedui. Persone met intellektuele gestremdhede wat egter wel bevoeg is om toestemming tot seksuele omgang te verleen, moet nooit weerhou word van voortplanting deur middel van onwillekeurige sterilisering nie. Inmenging deur die staat in kwessies rakende reproduksie moet beperk word tot intervensies waar (i) kinders ernstige skade berokken word en (ii) die beskerming van persone wat onbevoeg is om toestemming tot seksuele interaksies met ander te verleen, benodig word. Afgesien hiervan, is die intellektuele gestremde persoon geregtig op dieselfde reproduktiewe regte as alle ander landsburgers.

Thesis (LLM)--Stellenbosch University, 2013. / ENGLISH ABSTRACT: The lessor's tacit hypothec improves the chances of the lessor to recover rent in arrears. This real security right arises by operation of law and attaches to the lessee's movable property found on the leased premises when rent is due but not paid. The extension of the lessor‟s tacit hypothec to third parties' property is the remedy's most controversial feature. The extension is supposedly based on one of two theoretical justifications, namely implied consent and the doctrine of estoppel. According to the implied-consent theory, the extension is based on the premise that the third party consented (explicitly or by implication) that his property can serve as security for the payment of the lessee's arrear rent. The basis of the second theory, the doctrine of estoppel, operates as a limitation on the rei vindicatio of the third party. Over the years discourse has shown that there are uncertainties surrounding these justifications. Recent debate has also shown that if constitutionally challenged, the extension of the lessor's tacit hypothec could amount to arbitrary deprivation of third parties' property. The aim of this thesis is to establish whether and how the existing common law principles that provide for the extension of the lessor's tacit hypothec over property belonging to third parties are affected by section 25(1) of the Constitution. Consequently, the thesis describes, analyses and scrutinises the general principles regulating the lessor's tacit hypothec, and more specifically the extension of the lessor's tacit hypothec to third parties' property, in view of section 25(1) of the Constitution. Taking into considering the recent statutory protection of third parties' property, the thesis concludes that the extension of the lessor's tacit hypothec does not constitute an arbitrary deprivation of third parties' property because correct application of the common law principles that provide for the extension and the statutory protection that has been introduced to exclude a large number of cases from the reach of the extension adequately protect third parties' property interests. Therefore, the requirements of section 25(1) are satisfied. / AFRIKAANSE OPSOMMING: Die verhuurder se stilswyende hipoteek verbeter sy kanse om agterstallige huur van sy huurder in te vorder. Wanneer die huur opeisbaar word, maar die huurder versuim om tydig te betaal, kom hierdie saaklike sekerheidsreg deur regswerking tot stand en dit dek alle roerende sake wat op die verhuurde perseel gevind word. Die uitbreiding van die stilwyende hipoteek na eiendom wat aan derde partye behoort is die remedie se mees kontroversiële eienskap. Hierdie uitbreiding van die hipoteek se toepassingsveld berus na bewering op een van twee regverdigingsgronde, naamlik die derde se geïmpliseerde toestemming en die leerstuk van estoppel. Volgens die geïmpliseerde toestemming-teorie kan die hipoteek na derdes se bates uitgebrei word op die veronderstelling dat sodanige derde partye toegestem het (uitdruklik of by implikasie) dat hulle eiendom as sekuriteit vir betaling van die huurder se agterstallige huur mag dien. Die tweede teorie steun op die beperking wat die leerstuk van estoppel op die rei vindicatio van die derde party plaas. Oor die jare het debatte aangedui dat daar onsekerhede rondom hierdie regverdigingsgronde bestaan. Onlangse debatte het ook aangetoon dat, indien dit grondwetlik getoets word, die uitbreiding van die hipoteek moontlik mag neerkom op ‟n arbitrêre ontneming van die derdes se eiendom. Die doel van hierdie tesis is om vas te stel of en hoe die bestaande gemeenregtelike beginsels wat die stilswyende hipoteek na bates van derdes uitbrei deur artikel 25(1) van die Grondwet beïnvloed word. Die tesis bespreek, analiseer en toets gevolglik die algemene beginsels van die verhuurder se stilswyende hipoteek, en meer spesifiek die uitbreiding van die hipoteek na bates wat aan derdes behoort, in die lig van artikel 25(1) van die Grondwet. Met inagneming van die beskerming wat derde party se eiendom in terme van onlangse wetgewing geniet, bevind die tesis dat die uitgebreide toepassing van die stilswyende hipoteek nie op ʼn arbitrêre ontneming van derde partye se eiendom neerkom nie omdat korrekte toepassing van die gemeenregtelike beginsels wat vir die uitbreiding voorsiening maak, in kombinasie met die wetgewende uitsluiting van ‟n groot aantal sake wat aan derdes behoort, voldoende beskerming aan die belange van derdes verleen. Die vereistes van artikel 25(1) word dus bevredig.

The pervasiveness of sexual violence on college campuses poses a significant problem for students and administrations that seek to promote healthy, safe, and equitable access to higher education. Although federal legislation under Title IX prohibits sexual violence as a form of gender discrimination, cultural climates that promote sexual violence—or rape cultures - continue to inform student experiences on college campuses. This thesis roots the discourse on campus sexual violence in the specific localized context at Scripps College. As a women’s college situated in a small, interconnected consortium of co-ed liberal arts colleges, the case of Scripps College raises critical questions about the ways in which gender and sexism play out on women’s bodies, and influence students’ experiences with embodiment on campus. In this thesis, I present a feminist analysis of the current institutional policies that address sexual violence on campus, in addition to the perspectives of eight student activists currently involved in gender justice work at Scripps College. Due to the fact that each of the Claremont Colleges, including Scripps, is currently in the process of re-evaluating their policies and grievance procedures that address sexual violence on campus, now is a key time to reflect on the past, present, and future of the Claremont Colleges and the role that these institutions play in either deconstructing or reinforcing patriarchal structures of power.

菸品廣告規範之研究 中文摘要 就傳播法的角度而言，廣告規範可以說是傳播活動中涉及法律層面最廣，也是最為複雜的議題之一；而「菸品」廣告的存在由於具有相當的爭議性，因此亦稱得上是廣告規範中極具代表性的議題。本論文以菸品廣告規範為中心，藉由此項議題探討的「點」，試圖找出廣告規範的脈絡，進一步勾勒出廣告規範體系的「面」。故本論文處理菸品廣告所牽涉的法律層次，從抽象的國際公約及憲法，到具體的法律、法規命令及行政規則等均包含其中。 論文的架構大致將實務上已發生的菸品廣告案例類型化並釐清問題意識，以我國對菸品廣告規範的法理基礎、實務操作等「在地思考」的探討為「經」；加以對國際規範、外國立法例及實務操作等「國際觀點」的掌握為「緯」，完成本項議題的研究。 研究發現，我國現行菸品廣告規範面臨最大的問題在於菸品間接廣告問題、雜誌廣告規範的漏洞，以及法條競合所引發的適用問題。解決這些問題除了可以藉由國內司法體系的運作外，研究結果顯示修正相關法律規定會是解決問題最好的方式。本論文透過對世界衛生組織制定的全球菸草控制架構公約，以及對歐盟、英國、芬蘭、挪威、美國、加拿大、新加坡、泰國、南韓、日本、澳大利亞、紐西蘭等國家有關菸品廣告規範內容作一整理與分析後，提出全面禁止菸品廣告的規範方式不但不會違背我國憲法對人民基本權利的保護，更是符合未來國際趨勢的見解；而此亦與世界銀行公布的《遏止菸草流行─政府與菸草控制經濟學》報告中，指陳全面禁止菸品廣告為減少菸草需求的非價格措施最佳方式有異曲同工之處。 本論文最後針對現行菸品廣告規範主要的具體法律條文，即菸害防制法第九條及第十條提出修法建議；同時為求執法實務與立法目的一致性，文末並提出執法與實務稽查等多項建議提供我國政府相關單位參考，使本論文確實達到理論與實務的充分結合。 / A Study on the Regulation of Tobacco Advertising Abstract There is no doubt that in the area of communications law the regulation of advertising is one of the most complicated and widespread issues. Among them, tobacco advertising is perhaps the most controversial topic. This dissertation focuses on the regulation of tobacco advertising in Taiwan. This dissertation finds that, in recent years, tobacco companies spent huge sum of money in advertising, resulting in an increase in tobacco consumption. Although according to the Tobacco Hazards Control Law of Taiwan, tobacco advertising is strictly restricted; the phenomenon is that tobacco companies tend to use legal loopholes. This dissertation analyzes the situation and discusses legal problems involved in tobacco advertising. Several issues are emphasized. First is the problem of tobacco indirect advertising. By indirect advertising is meant tobacco company advertises a third product the purpose of which is, however, to promote tobacco products. Secondly, the issue of tobacco advertising in magazines is discussed. The law of Taiwan, due to the 1986 U.S.-Taiwan Trade Agreement, allows a certain amount of tobacco advertising in magazines. Nevertheless, the law does not take into consideration certain circumstances, thereby causing loopholes during enforcement. Last but not least, focus is placed on the application of Tobacco Hazard Control Law. Specifically, the problem of concurrent application -- a unique but not uncommon legal issue in Taiwan’s legal system -- is analyzed. Methodologically, this dissertation adopts the comparative law approach. By examining WHO’s FCTC (Framework Convention on Tobacco Control) and comparing the laws of Taiwan with that of the international convention, the laws of European Union, United Kingdom, Finland, Norway, United States, Canada, Singapore, Thailand, South Korea, Japan, Australia, and New Zealand, the author concludes that a comprehensive ban on tobacco advertising is constitutionally sound and compatible with international trend. Lastly, this dissertation tries to provide solutions to Taiwan’s present legislative and enforcement works. In sum, some of the laws need to be amended; while enforcement works may be improved by introducing a systematic change.

This study focuses on correctional officers’ values and perceptions of their workplace, the people they work with and for, and members of the general public. Although prior research has investigated correctional staff members’ feelings about their occupation, far fewer studies have implemented a comprehensive qualitative, microsociological approach. The author conducted 20 in-depth interviews with current and former correctional officers (COs) in public-supported facilities. Additional data were collected through two public Facebook pages designated for COs and citizens interested in the criminal justice system. The study offers insights about the significance of COs’ feelings about their work and how the correctional environment affects their lives at work and away from the workplace among the non-incarcerated public. How COs contend with the devalued nature of correctional work and how female COs deal with a male-dominated workplace are primary analytical themes.

This research assessed the perceived and actual roles of Faith-Based Organizations (FBOs) in their community and in working with offenders and their families in relation to the Criminal Justice System (CJS). Additionally, the research study evaluated this issue on the local level in an attempt to ascertain whether FBOs still do what they have historically been perceived to do or whether their involvement with the CJS has shifted in any way. Particularly, the research study also examined perceptions of staff members from FBOs regarding services and support provided for families of offenders. The sample was selected using a combination of convenience and snowball sampling. Group sizes ranged from 2-5 participants. A total of 14 participants interacted in the focus groups. Each focus group lasted approximately one hour. All focus groups were recorded using a digital audio recording device, and transcriptions of the focus groups were prepared. The transcripts were prepared using a combination of edited and intelligent transcription techniques. Researchers reviewed the transcriptions for recurring themes. Twenty-four initial themes were generated. Researchers then reviewed the themes for redundancy which resulted in 10 themes being identified. The transcripts were then coded based on the 10 revised themes. These themes focused on issues related to the perceived and real roles of FBOs in relation to the Criminal Justice System. As expected, the researchers found that FBO programming difficulties and concerns (f = 65) and misperception and lack of church involvement in the lives of offenders and the CJS (f = 50) were the most recurring themes. Miscommunication and lack of connection between the CJS and community was found to be the third most recurring theme (f = 15), followed closely by lack of reunification of offenders with their families (f = 14). Perceptions of participants such as clergy and mental health practitioners confirmed the researcher’s expectations that offenders often express deep anxiety and concern over being separated from their families. Thus, current programming efforts may reflect a lack of emphasis on services designed to rejoin offenders with their families or reintegrate them in family systems based on participants’ perceptions. Analysis of the data is ongoing. Researchers will return to the data to further discuss theme coding and to determine if additional themes emerge. All identified themes will be further assessed for inter-rater reliability.

The purpose of this study was to assess practitioners’ views of service needs for juveniles involved with the justice system. In the United States, every year there are thousands of youth committed to detention institutions for delinquent acts. As a result, children as young as nine years of age up until adulthood have a difficult time integrating back into the community. In many instances, youth who have been involved with the justice system have a greater likelihood of recidivism due to their inability to adapt to their environment. Further, when youth enter the system, many times they are not receiving the adequate services necessary to decrease recidivism and in turn are faced with multiple encounters with the justice system and with untreated concerns and additional needs. This study used a qualitative design, conducting face to face interviews with ten justice involved youth practitioners. Participants were asked to explore areas such as, service utilization, recidivism rates, effectiveness of treatment, and barriers to service utilization. The results identified mental health and substance abuse treatment services as the most important needs of justice involved youth. Themes that emerged as important factors to the utilization of treatment services were meaningful relationships, parental support, and mentorship. This study found inadequacies with the process of assessing needs and services within the juvenile justice system. The results suggest a need for better treatment services and competent practitioners to reduce the likelihood of recidivism.

The pervasiveness of sexual violence on college campuses poses a significant problem for students and administrations that seek to promote healthy, safe, and equitable access to higher education. Although federal legislation under Title IX prohibits sexual violence as a form of gender discrimination, cultural climates that promote sexual violence—or rape cultures - continue to inform student experiences on college campuses. This thesis roots the discourse on campus sexual violence in the specific localized context at Scripps College. As a women’s college situated in a small, interconnected consortium of co-ed liberal arts colleges, the case of Scripps College raises critical questions about the ways in which gender and sexism play out on women’s bodies, and influence students’ experiences with embodiment on campus. In this thesis, I present a feminist analysis of the current institutional policies that address sexual violence on campus, in addition to the perspectives of eight student activists currently involved in gender justice work at Scripps College. Due to the fact that each of the Claremont Colleges, including Scripps, is currently in the process of re-evaluating their policies and grievance procedures that address sexual violence on campus, now is a key time to reflect on the past, present, and future of the Claremont Colleges and the role that these institutions play in either deconstructing or reinforcing patriarchal structures of power.

This study examines geographic patterns and geographic factors of residential burglary at the Nashville, TN area for a twenty year period at five year interval starting in 1988. The purpose of this study is to identify what geographic factors have impacted on residential burglary rates, and if there were changes in the geographic patterns of residential burglary over the study period. Several criminological theories guide this study, with the most prominent being Social Disorganization Theory and Routine Activities Theory. Both of these theories focus on the relationships of place and crime. A number of spatial analysis methods are hence adopted to analyze residential burglary rates at block group level for each of the study year. Spatial autocorrelation approaches, particularly Global and Local Moran's I statistics, are utilized to detect the hotspots of residential burglary. To understand the underlying geographic factors of residential burglary, both OLS and GWR regression analyses are conducted to examine the relationships between residential burglary rates and various geographic factors, such as Percentages of Minorities, Singles, Vacant Housing Units, Renter Occupied Housing Units, and Persons below Poverty Line. The findings indicate that residential burglaries exhibit clustered patterns by forming various hotspots around the study area, especially in the central city and over time these hotspots tended to move in a northeasterly direction during the study period of 1988-2008. Overall, four of the five geographic factors under examination show positive correlations with the rate of residential burglary at block group level. Percentages of Vacant Housing Units and Persons below Poverty Line (both are indicators of neighbor economic well-being) are the strong indicators of crime, while Percentages of Minorities (ethnic heterogeneity indictor) and Renter Occupied Housing Units (residential turnover indictor) only show modest correlation in a less degree. Counter-intuitively, Percentage of Singles (another indicator of residential turnover) is in fact a deterrent of residential burglary; however, the reason for this deterrence is not entirely clear.