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The U.S. Social Contract with Pakistan: A Theoretical Analysis of U.S. Drone Use in Relation to SovereigntyLi, Alexander 01 January 2019 (has links)
This thesis explores the U.S.-Pakistani relationship in the War on Terror in an effort to better understand the U.S.-Pakistani power dynamic. In particular, this thesis analyzes the United States’ relationship with Pakistan via a Hobbesian understanding of social contract theory: a state’s right to sovereignty. It then utilizes this framework to analyze the U.S. use of drones on Pakistani soil. This paper suggests a protectionist model has been adopted by the United States, thereby making these drone strikes violations of the social contract. As a result, this paper argues that because of this, the United States will have to uphold the state’s responsibility to protect in order to maintain their social contracts with other states.
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The Rogers Case: Examining Kentucky's Democratic Deconstruction through Prison Expansion and Campaign FinanceHughes, Leah R 01 January 2015 (has links)
This investigation into the rapid expansion of prison construction and mass incarceration in Eastern Kentucky under the leadership of Congressman and House Appropriations Committee Chairman Hal Rogers aims to determine why this policy has continued to be a viable political strategy for Rogers despite its apparent failure to advance social and economic development in the region. This analysis suggests that the Rogers Case can be used as a case study to greater understand the proliferation of political power available to elected officials in ANY district where the democratic incentive structure encourages politicians to represent the interests of private corporations and industries instead of constituents as long as they can count on their campaign contributions and the protection of their incumbencies.
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Limites constitucionais à autonomia dos entes federados em matéria de contratos administrativos / Constitutional limits to the autonomy of federated entities in matter of government contracts.Monteiro, Vítor 02 June 2014 (has links)
O trabalho explora os limites impostos pelo texto constitucional de 1988 à autonomia dos entes federados quanto à distribuição da competência legislativa em matéria de contratos administrativos. Para tanto, dividiu-se a pesquisa em seis partes. Destas, as duas primeiras servem para, em linhas gerais, assentar os aspectos introdutórios da pesquisa e delimitar as noções conceituais adotadas. Segue-se para o enfrentamento das três hipóteses de pesquisa, cada uma em capítulo próprio, vislumbradas a partir do texto constitucional como inicialmente aptas a ordenar a distribuição da competência legislativa entre os entes federados para a edição das normas de contratos administrativos. Na primeira, discute-se, com base no artigo 22, XXVII, da Constituição de 1988, se caberia à União Federal, autorizada pelo termo contratação, estabelecer normas gerais sobre contratos administrativos, competindo aos Estados-membros, Distrito Federal e Municípios, suplementarem aquelas, para atenderem às suas peculiaridades. Outra, constante do artigo 22, I, da Constituição de 1988, admitiria à União Federal legislar integralmente sobre a matéria, com fundamento na sua competência para estabelecer normas em matéria de Direito civil, ramo no qual a categoria jurídica dos contratos tem assento tradicional. A última hipótese, por sua vez, decorrente do artigo 18, caput, da Constituição de 1988, não atribuiria a nenhum ente federado a competência específica para legislar sobre o tema dos contratos administrativos, relacionando esta matéria ao campo próprio da autonomia dos entes federados. A despeito dessa liberdade para legislar, pondera-se, no exame desta hipótese e pela perspectiva da distribuição de competências entre os entes federados, quanto à existência de outros limites constitucionais, aptos a restringir a autonomia dos entes federados no uso dos contratos administrativos. Ao final, retomam-se, em sede de conclusão, as hipóteses formuladas e as considerações apontadas sobre cada uma delas ao longo do trabalho, apontando-se aquela que se entende mais adequada à estrutura federativa do Estado brasileiro. / This thesis probes on the limits that the Brazilian Constitution of 1988 sets to the autonomy of federated entities in regards to the distribution of the legislative competence in matter of government contracts. The research was divided in six parts. The first two have the purpose of laying out an introduction of the study as well as the concepts employed. Afterwards, the three hypotheses are confronted, each in a paragraph of their own, perceived as from the constitutional text as initially able to ordain the distribution of legislative competence between the federated entities to regulate government contracts. On the first, it is argued, based on the article 22, XXVII, of the Federal Constitution of 1988, if it would behoove the Federal Union, authorized by the term contracting, to establish general rules on government contracts, competing to the Member-States, Federal District and Municipalities to supplement those, in order to attend their peculiarities. Another understanding, found in the article 22, I, of the Federal Constitution of 1988, would allow the Federal Union to fully legislate on the matter, grounded on its competence to establish rules in Civil Law, branch in which the legal category of contracts have a traditional place. The last theory, on its turn, consequent to the article 18, caput, of the Federal Constitution of 1988, would not assign to any federated entity the specific competence to legislate on government contracts, relating this theme to the proper field of autonomy of federated entities. In spite of this freedom to legislate, it is considered, in the exam of this hypothesis and from the perspective of distribution of competence between federated entities, in regards of the existence of other constitutional limits, able to restrain the autonomy of federated entities in the use of government contracts. Finally, it is resumed, in terms of conclusion, the hypotheses formulated and the considerations that were put forth in each of them through the project, pointing out the one understood as the most adequate to the federative structure of the Brazilian State.
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The role and the effect of Alternative Dispute Resolution mechanism (mediation and arbitration) in administrative contracts : a comparative study between the United Kingdom and JordanAl-Shibli, Farouq January 2015 (has links)
In the past, governments were directly responsible for carrying out projects concerning the construction of public utilities and for delivering public services to people in many areas of social and economic life. However, the budget deficits of governments in countries such as Jordan have required them to seek partners to assist in carrying out these functions. In other words, delivering services to people nowadays often involves contracts being concluded with private sector companies who fund and deliver governmental projects and have the skills and experience to carry out the projects efficiently. When private sector investors decide to enter into contracts with governments, they want to ensure that their investments are protected in case of a dispute with the host government. In this regard, the option to resolve disputes, including the disputes of government contracts, by alternatives to traditional judicial means has increasingly become one of the main incentives for private sector investors considering whether to enter into contracts with governments. This is because Alternative Dispute Resolution (ADR) is more informal, cheaper, faster and easier than the formal procedures which must be adhered to in the court litigation system. Jordan is considered a poor country which has to rely on the private sector to fund its projects but, because ADR is not used in this context, investors may avoid entering into contracts with the Jordanian government, believing that their investments will not be safe. Unlike in Jordan, the use of ADR has been evident in developed countries such as the UK.This thesis argues that Jordan, as a developing country in this area, should look to other countries such as the UK which have more advanced legal systems and legislation, in order to learn from their experience. Therefore, this is a comparative study which will discuss the doctrine of legal transplant and assess whether importing ADR rules and regulations from the UK to Jordan will be an effective way of improving Jordanian laws. Accordingly, this thesis discusses (i) why ADR is not used in government contracts in Jordan and (ii) the role of ADR in settling the disputes of government contracts in the UK. It also (iii) provides solutions and makes recommendations designed to encourage the use of ADR in Jordan, including on whether or not the experience of the UK can be applied in Jordan in this regard.
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An Overview and Comparative Analysis of the Collective Bargaining Agreements in the NBA, NFL, and MLBCaldwell, Terrence 01 January 2010 (has links)
A historical overview of the collective bargaining process in the three major American sports, and a comparative analysis of the current collective bargaining agreements.
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Strategies of Small Business Owners to Acquire Federal Government ContractsTyms, Delores Ann 01 January 2017 (has links)
Small business owners are not acquiring U.S. federal government contracts at the government established target rate. The government's small business procurement goals remain unmet, which represents an underutilized source of revenues for many small business owners. The purpose of this multiple case study was to explore strategies of 3 small business owners operating in the Washington, D.C., metropolitan area to acquire federal government contracts to increase profitability. The thematic findings were in the context of the resource-based view as the conceptual framework. The participants answered questions in semistructured interviews and provided organizational documents for review. Triangulation of multiple data sources and the constant comparative data analysis method led to 3 major themes: planning to target both government and commercial civilian customers through a top-down approach; developing core competencies including backgrounds and experiences and staffing choices to improve chances of success in obtaining government contracts; and knowing the company's audience, assets, and niche, which encompassed essential knowledge stemming from education and training oriented toward successful government contract work. Findings included the importance of planning before embarking on a process to bid for government contracts. Application of the findings may lead to a social change of higher small business revenues and lower unemployment, support for innovation, stimulation of the economy, and increased tax revenues to sustain government programs that can benefit society in general
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Collaborative Arrangements and the State of Trust between SMEs and Large Companies in Mandated Business InteractionsAl-Ghenaimi, Ali A.H. January 2017 (has links)
The focus of this study is to explore trust between small and medium
enterprises (SMEs) and large companies in interorganizational relationships
(IORs) that are mandated by government policy. Due to the important
contribution made by SMEs to national economies and to the fact that their
growth is pivotal for entrepreneurial activities, many governments have made
significant efforts to enhance their performance. However, SMEs are
constrained by their lack of resources and experience. Some countries have
required large companies to collaborate with SMEs to overcome these
constraints. Whilst much attention has been devoted to trust in relationships
of choice between SMEs and large companies, scant attention has been paid
to the state of trust in mandated business interactions. This study explores the
state of trust between large companies and SMEs companies in mandated
business interactions, identifying those factors that influence trust between
them. Qualitative semi-structured interviews with 25 key managers from large
companies and SMEs were conducted in Oman which has a policy of
mandated IORs. The interview data were analyzed thematically. The key
findings resulted in a new contextual concept of trust, a refinement of classical
trust indicators by which the presence of trust in IORs can be more
appropriately detected and the development of a model embracing factors
which were found to influence trust. Several new factors not previously
commented on in the literature were identified in this study. The findings
provide theoretical and practical contributions with recommendations for
policy, practice and further research. / Ministry of Manpower, Oman.
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Governmental Procurement Restrictions, Deficit Reductions, and the Sustainability of Alaska Native CorporationsFondren, Paul O. 01 January 2015 (has links)
Alaska Native Corporations (ANCs) came under political scrutiny in the United States in 2009 during a climate of economic recession and governmental spending reductions. Since then, ANCs have faced increased governmental regulations that immediately changed the ways that their leaders previously achieved growth and success. The purpose of this explanatory case study was to identify elements of ANC strategic plans that lead to success and growth when operationally implemented. The central research questions investigated what executable strategic plans ANC leaders need to ensure sustainable business growth and what practices have led to success and failures. Data were collected from interviews with 4 ANC executives, monthly marketing reports, division status reports, and corporate strategic plans. The analysis included examining word frequency and comparative phrases in the semistructured interviews. Interpretive-constructivist case study analysis and logical reasoning of coded data revealed 2 main themes. The first theme consisted of the essential elements of strategic plans: corporate analysis, market analysis, customer analysis, competitor analysis, and resource allocation. The second theme was the importance of strategic planning as a formalized process. Specific implications for positive social change include leaders of ANCs instituting a formalized planning process and incorporating each essential element into the strategic plan to achieve short-term success and long-term sustainability to provide for Native Alaskan Shareholders in perpetuity. Broader implications for positive social change include leaders of small or disadvantaged businesses gaining competitive advantages by incorporating the results of this study into their strategic planning practices.
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Saving America's Automobile Industry: The Bailouts of 1979 and 2009, An Overview of the Economic Conditions, Factors for Failure, Government Interventions and Public ReactionsWall, Taylor A. 01 January 2010 (has links)
This paper will discuss the bankruptcies experienced by U.S. automakers in both 1979 and 2009. The main factors which led the automakers into financial ruin was the uncontrolled power of labor unions, the severe financial impact of oil embargos, the aggressive imposition of federal regulations and the increasing dominance of Japanese imports. After discussing these important factors, the paper will describe the specifics of Chrysler’s bailout experience in 1979 with the positive public acceptance of the government loans, largely due to the character of Lee Iacocca. After delving into Chrysler, this paper will explain the specifics of the government’s bailout of General Motors and Chrysler in 2009. The paper will also review the government’s position regarding the significant economic impact of letting the U.S. automakers fail. In conclusion, this paper will demonstrate that although the 1979 bailout was better perceived by the American public, the long term impact of 2009 bailout has the potential to produce a more strategic change in the U.S. auto industry.
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Государственная контрактная система России: проблемы и направления их решения : магистерская диссертация / State contract system of Russia: problems and directions for their solutionПроничева, Е. Н., Pronicheva, E. N. January 2020 (has links)
The master's thesis is dedicated to improving the contract system of the Russian Federation. The explanatory note consists of an introduction, 3 chapters and a conclusion. The first chapter examines the theoretical issues of the functioning of the public procurement system in the Russian Federation, as well as examines the existing problems, examines the foreign experience of organizing the contract system. The second chapter analyzes the public procurement system in Russia, concludes that there are some problems, examines methods for assessing the effectiveness of public procurement, and evaluates the effectiveness of the system using the example of the Sverdlovsk region. The third chapter proposes directions for the development of the public procurement system in Russia, calculates the expected effect on the result of the proposal. / The master's thesis is dedicated to improving the contract system of the Russian Federation. The explanatory note consists of an introduction, 3 chapters and a conclusion. The first chapter examines the theoretical issues of the functioning of the public procurement system in the Russian Federation, as well as examines the existing problems, examines the foreign experience of organizing the contract system. The second chapter analyzes the public procurement system in Russia, concludes that there are some problems, examines methods for assessing the effectiveness of public procurement, and evaluates the effectiveness of the system using the example of the Sverdlovsk region. The third chapter proposes directions for the development of the public procurement system in Russia, calculates the expected effect on the result of the proposal.
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