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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
211

The battered man : an evaluation of equal justice under the law

Egan, Brenna M. 01 January 2010 (has links)
Within the last few decades, many of the efforts aimed at preventing domestic violence and helping victims have focused on violence against women. In fact, in social and legal venues, domestic violence is often exclusively considered a women's issue. However, domestic violence, particularly intimate partner violence, does not discriminate on any basis, including gender. This research focuses on male victims of domestic violence in order to show that domestic violence is a human issue, not a gender issue. Only when all victims of violent crime are acknowledged and treated fairly can society begin to solve the problem of domestic violence victimization. The intent of this thesis is to explore the incidence of victimization, the legal and societal representations, and legal treatment of male victims of intimate partner violence. Through the analysis of case law and statutes, quantitative statistics, domestic violence resources, popular culture, and anecdotal evidence, this thesis evaluates the treatment of male victims of intimate partner violence in the legal system. Evidence shows that gender bias exists and can affect battered men in numerous ways. Male petitioners seeking protective injunctions, prosecution of their violent partners, and resources, such as treatment, counseling, or shelter, often face discrimination against men. By raising awareness to domestic violence committed against men, this thesis aims to contribute not only to the legal discipline but also to solving the domestic violence epidemic in society-against all people.
212

The "CSI effect" on jurors, criminals and the American court system

Ammar, Farah N. 01 January 2008 (has links)
Television shows, in particular CSI: Crime Scene Investigation, have captured the attention of the majority of Americans. As a consequence of these shows, the "CSI effect" has evolved. The CSI effect primarily occurs when people watch crime or law related shows resulting in them gaining an unrealistic expectation of what they think should occur in real trials. This is a concern for prospective jurors who take part in criminal trials. This thesis will reveal how the CSI effect has swept the nation. A large part of this study will be devoted to illustrating how the CSI effect has had an impact on jurors, criminals and the American court system. This thesis will shed light on how television has the power to alter a juror's mind, even if it is a decision that could completely change the defendant's life. This thesis will also examine how legal professionals have strategically begun to mention the CSI effect during their trials in court. Nowadays, it is an ordinary procedure for attorneys, during voir dire, to question prospective jurors about their television viewing habits, as it pertains to CSI. This study will also examine how the producers of CSI discount the effect in its entirety. The creators believe that their creation has been a helpful milestone in the evolution of our criminal justice system.
213

The use of circumstantial evidence in convicting defendants in high profile murder cases

Hartwell, Lianna M. 01 January 2009 (has links)
The use of circumstantial evidence in proving the guilt of defendants in high profile murder cases has evolved. There have been several cases in particular that exemplify this. This thesis aims to descri?e the persuasiveness of circumstantial evidence in proving the guilt of a defendant. It also aims to demonstrate that the defendants' actions, behaviors and appearances, which were once only commented upon by the media and public, have become admissible and convincing evidence because they indicate a consciousness of guilt. This thesis will highlight the aspects of the media's role in covering high profile murder cases and how this involvement impacted the cases. In order to show how the circumstantial evidence, including the defendant's behavior was sufficient to warrant a conviction at trial, the bulk of this thesis will examine various highly publicized cases and the evidence presented. This thesis will also discuss how the media has allowed high profile defendants to be tried in part, by public opinion. By examining the dynamics of several high profile murder cases that were prosecuted based on circumstantial evidence, this thesis will show the evolution of such evidence and its effectiveness in our present day courts.
214

Privileged Communication and Sex Offenders in Florida

Mathews, Meryl 01 January 2006 (has links)
The history of privileged communication and the evolvement of the psychotherapist-patient privilege are explored. The psychotherapist-patient relationship is a relatively modern relationship. New laws concerning child abuse and neglect, and the reporting requirements of child sex offenders have begun to shape the application of privileged communication within the psychotherapist-patient. These laws exist at the federal level and throughout each of the fifty states. The effects of abrogating privileged communication for child sex offenders in the psychotherapist relationship are explored. Withdrawal of the privilege creates distrust and hinders open communication within this relationship and prevents sex offenders from receiving needed treatment. The effectiveness of treatment to sex offenders, and particularly child sex offenders, by a psychotherapist is explored. The research shows that those treated by a psychotherapist have a lower recidivism rate than those who do not receive treatment. Recommendations include a change in current federal and Florida state laws that will allow sex offenders to receive proper treatment by a psychotherapist while still protecting children from harm
215

La Tirania de la Invisibilidad: La Necesidad de Reconocer y Analizar la Violencia de Genero en la Argentina

Mallison, Laura 01 January 2014 (has links)
This thesis examines gender violence in Argentina in the context of the historic continuum of gender inequality, with a more in-depth analysis of gender violence during the 1976-1983 dictatorship. I argue that gender violence is perpetuated and normalized by its lack of recognition as a political issue with ramifications extending to daily life. I use the construction of a collective memory of the Dictatorship as a framework for making the intricacies of gender violence more visible and provide a detailed analysis of two laws against gender violence to demonstrate its systematic nature. Ultimately, laws are not sufficient to address such a widespread issue, and society is responsible for creating a dialogue that presents gender violence in a context that adequately addresses its complexities. Esta tesis examina la violencia de género en Argentina en el contexto del continuo histórico de la desigualdad entre los géneros, y en particular analiza la violencia de género de la Dictadura de 1976-1983 y de la actualidad. Propongo que la carencia de reconocer la violencia de género en un contexto político la perpetúa y la normaliza. Utilizo la construcción de la memoria colectiva de la Dictadura como un ejemplo de estrategias para visibilizar las complejidades de la violencia de género y analizo dos leyes contra tal violencia para demonstrar cuán sistemática es. Al fin, las leyes no son suficientes para abordar un problema tan generalizado y normalizado y la sociedad es responsable de desarrollar un diálogo sobre la violencia de género y sus complejidades.
216

CURRENT CHALLENGES AFFECTING THE EUROPEAN COURT OF JUSTICE

Van Dyke, Kevin Joseph January 2004 (has links)
No description available.
217

The role of international law in establishing corporate accountability through codes of conduct

Milatovic, Sinisa January 2015 (has links)
The thesis answers the following research question: what is the extent of the influence of international law on the construction and application of corporate codes of conduct, what factors determine this influence and through which processes does it occur? The thesis uses a mix of methods: a content analysis study, used to measure the extent to which codes of conduct incorporate international labour standards and the degree to which they have changed over time in this respect; legal research on whether corporations can be liable for violating their codes and how this risk factors in the drafting of codes; and case studies of fifteen retailer corporations, which examine how their codes were created and how they are being applied. The study's findings show there is an influence of international law on the construction and, to a far smaller degree, on the application of codes. The creation and application of codes is a politicised and contested process and codes are based on international law principally due to the pressure exerted by trade unions and NGOs, but also due to reputational risk, commercial pressure and mimicry by corporations. This influence has been selective, with corporations applying provisions in their codes that protect the rights carrying the biggest reputational risks. These findings show the flaws in the current international framework for corporate accountability, which is based on self-regulation through codes and audits. They also raise issue of whether changes, such as a binding international treaty or the creation of more collaborative and inclusive programmes to oversee the application of codes, may be required in order to ensure wider respect for labour rights of workers.
218

The politics of brokerage and transnational advocacy for LGBT human rights

Thoreson, Ryan R. January 2011 (has links)
In this project, I look at the work of the International Gay and Lesbian Human Rights Commission (IGLHRC) and the role that brokers at the organization play in constructing, promoting, and institutionalizing a body of LGBT human rights. While a great deal is being written about the diffusion of LGBT politics and human rights discourses from the Global North, there are few ethnographic analyses of who is doing the exporting, how, and toward what ends. Based on a year of fieldwork in IGLHRC’s New York and Cape Town offices, I look at the history of IGLHRC, the interactions among brokers and how these shape their daily work, how brokers understand their mandate and the hybridity that it so often requires, and how partnership with groups in the Global South, the production, verification, and circulation of information, and the possibilities and constraints of the formal human rights arena all shape the work that brokers do. Ultimately, I conclude that human rights advocacy must be understood holistically if it is to be understood at all. Such advocacy always necessarily involves a degree of theoretical elaboration, promotion, and codification by human rights defenders and NGOs, and focusing exclusively on one or another of these aspects paints a skewed portrait of what it means to work within a human rights framework. Drawing from the anthropology of sexuality, queer theory, literature on brokerage, and interdisciplinary studies of transnational advocacy networks, this project aims to deepen understandings of how LGBT NGOs and the brokers that animate them regularly engage in the construction, promotion, and institutionalization of particular understandings of sexuality and the claims that can be made by sexual subjects globally.
219

The practical accomplishment of novelty in the UK patent system

Sugden, Christopher Michael Gordon January 2011 (has links)
Novelty is a widespread notion that has not been given commensurate critical attention. This research is an ethnographically-inclined exploration of practices surrounding the accomplishment of novelty in an institution for which novelty is a central notion: the patent system of the United Kingdom. The research is based on interviews with patent examiners at the UK patent office, interviews with patent attorneys at various legal firms, and documentary analysis of legislation and numerous legal judgments. The thesis brings to bear themes from Science and Technology Studies and ethnomethodology to assess the extent to which they can account for the practices surrounding novelty in the UK patent system. As a fundamental legal requirement for the patentability of inventions, novelty is a central part of the practices of patent composition, assessment and contestation. Rather than being a straightforward technical criterion, however, novelty is shown to be a complex and heterogeneous phenomenon emerging from interwoven legal, bureaucratic and individual practices. The local resolution of whether or not a given invention is new, and the cross-institutional coherence of novelty as a practicable notion, raise questions concerning ontology, accountability, scale and inconcludability, and provide an opportunity for empirically grounded engagement with these longstanding analytical concerns.
220

Processes of family law reform : legal and societal change and continuity in Morocco and Jordan

Engelcke, Dorthe Kirsten January 2014 (has links)
The dissertation solves the empirical puzzle why similar regimes such as Morocco and Jordan vary in their engagement in family law reform between 1999 and 2013. Differences with respect to family law reform in the two monarchies are threefold: the way the reform processes were carried out, the content of the new family codes that were issued in Morocco in 2004 and in Jordan in 2010, and the way the laws were applied. Using Pierre Bourdieu's theory of practice as a theoretical framework the dissertation establishes the links between the designs of the legal systems, how reform processes are carried out, the family laws countries end up with, and the way the laws are applied. French and British colonialism had shaped the legal systems of Morocco and Jordan to different degrees, producing a legal system that was unified after independence in Morocco whereas the Jordanian one continued to be divided into regular and religious courts. As a result, Moroccan family courts are less autonomous and more subjected to political decisions than Jordanian sharia courts. The institutional design of both judicial systems affected how family law reform was carried out because those systems contain biases towards different actors who are seen as competent of reforming family law and thus came to influence the reform process. The different access criteria to the juridical fields promote different types of cultural capital, so that actors participating in the process have different preferences regarding the development of the content of family law. In Jordan, the absence of the Jordanian king allowed the sharia court administration to exploit the structural bias in its favour and come to dominate both the process and content of family law reform. For this reason the 2010 Jordanian family law reflects to a lesser extent the demands of women's groups. The absence of the Jordanian king from the reform process demonstrates that change in authoritarian states is not necessarily imposed from above nor is it predetermined from the beginning. The Jordanian reform process saw little engagement from the top-level of the regime and could be classified as a mid-level process. It was led by a government body, the sharia court administration, which however enjoyed relative autonomy from the upper echelon of the regime. By contrast, the Moroccan family law reform was a textbook example of authoritarian politics, the reform being imposed from above and the king playing a leading role during the process. In contrast to the process and content of reform, the application of the reformed law in Morocco challenges the notion of the omnipotent authoritarian regime. While the monarch could impose legislative change, the state is at best partially able to enforce this very law or to impose a consensus over its interpretation. The designs of the legal systems again had an impact here. International law occupies different places in the Moroccan and Jordanian constitutions: Jordanian sharia courts enjoy greater autonomy, reject international law, and thus were able to resist its intrusion.

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