Spelling suggestions: "subject:"legal 2studies."" "subject:"legal 3studies.""
71 |
An Overview of the Current Alternative Dispute Resolution (ADR) System: Projections for Future Expansion of ADR within Florida's Civil Court SystemPatterson, Alysia Rose 01 January 2023 (has links) (PDF)
Currently, mediation in Florida is a pre-suit requirement only for condo associations, homeowner disputes, and medical malpractice suits, as discussed in Florida Statute Chapter 720.311, 718.1255, 766.108, as well as those ordered by a judge. The American Bar Association (ABA) also reported that only 23 of the 204 law schools (11%) approved by the ABA require some form of Alternative Dispute Resolution (ADR) coursework to graduate. Changes need to be made for the ADR program to thrive and reach its full potential within our judicial system. This thesis will highlight that by calling for the government to make mediation a pre-suit requirement for other suitable areas in the civil court system. This thesis will also address the need for more law schools to require ADR training within their curriculum to create a new generation who understands and has the skills to implement ADR into their future law practices. By examining successful trends in ADR, statutes, and programs that have encouraged or forced the use of ADR, this thesis will provide ways ADR can reach its full potential within our court system. This thesis will contribute to the field of law, specifically in terms of contributing to the lack of data on ADR programs that reflect their positive impacts and where they might be most beneficial.
|
72 |
The Honorary White Population: Fighting for Self-IdentificationChehayeb, Reina E 01 January 2019 (has links)
The intent of this thesis is to explore the history of classification of Arab-Americans within the United States, showcase how Arab-Americans have encountered systematic racism, and give reasons why Arab-Americans should be able to self-identify. Currently, according to the Census definition, Middle Easterners fall under the "White" category. This is a misrepresentation of Middle Easterners as they should be considered a minority in light of societal treatment and policies set forth by policy makers. Even though much research has been conducted by the Census, they have elected to withhold the Middle Eastern or North African (MENA) category from the 2020 Census. Solutions for this issue are: Gaining universities' involvement in the movement for a MENA category, encouraging legislation to place MENA as a minority within affirmative action, and the MENA category being placed on the 2030 census.
|
73 |
Constitutionality of affirmative action programs in institutions of higher learning : Grutter v. BollingerConner, Christina A.; 01 January 2003 (has links)
Within the past few years, the question of the constitutionality of affirmative action has undeniably become one of the most widely debated public issues in the United States. Accusations of "reverse discrimination" have become more and more frequent, particularly by white students who believe they have been denied admission to public universities because of their race. Consequently, this question has been addressed in courts of all levels across the nation. However, due to the differing circumstances and legal issues of each case, the courts have not been able to agree on one acceptable standard and have consistently produced conflicting results and contradictory reasoning. On Monday, June 23, 2003, the Supreme Court of the United States released a historical opinion to the public in the case of Grutter v. Bollinger. From the information reviewed, a critique of the decision has been developed and an analytic approach has been taken to understand the effects of such a powerful decision.
|
74 |
The effect of domestic violence in custody proceedings, and recommendations for Florida lawStuart, Candace 01 January 2008 (has links)
The primary goal of the courts in deciding which parent (if any) should be awarded custody of the child is complicated by the presence of domestic violence. Children are direct and indirect victims of domestic violence. As well as the possibility of being physically injured, they are psychologically impacted by the trauma of witnessing violence in the household and may continue a cycle of violence into adulthood. States vary on the weight that is given to domestic violence as a factor in custody decisions. Judges have discretion in the options available to them in making custody determinations. Judges need to be educated on the dynamics of domestic violence to create a more informed judiciary. This paper examines the current law in Florida and gives recommendations for improvements in the way Florida handles custody of children
|
75 |
Medication errors in hospitals : to ERR is human, to report is divineMontague, Diane M. 01 January 2001 (has links)
No description available.
|
76 |
Protection or Control? – The History & Impact of the Major Crimes Act on Native Americans and Its Future in Criminal LawGarrow, Cameron A 01 January 2023 (has links) (PDF)
In this thesis, I traced the history of the Major Crimes Act of 1885, focusing on United States Supreme Court cases regarding the Act's enforcement and its constitutionality. In particular, analysis focused on how the USSC's decisions affected Native Americans within the field of criminal law, both as defendants and victims, and how these decisions prove to be contradictory or unjustly detrimental in nature. There is also focus on the ongoing issues in the state of Oklahoma resulting from the Major Crimes Act's enforcement that have begun to spread from a state-level crisis into a nationwide problem. The thesis concludes with proposed ideas for how these ongoing issues may be resolved, as well as how the Major Crimes Act may need to be amended or repealed and replaced in order to do so.
|
77 |
Women v. State: A Case Study of Laws and Rules’ Impact on Female Labor Migration within NepalArmstrong, Emily 01 January 2017 (has links)
This thesis investigates the relationship between gender and institutions within the context of Nepal’s labor migration. Labor migration is an important issue for Nepal’s economy as nearly 10% of the population works abroad (Sijapati, 2012). However, only 10% of these migrants are women, creating a gender imbalance. One reason for the large disparity between the number of female migrants and male migrants is explained by legal restraints and institutional factors. A potentially more potent reason for the lack of female migrants working abroad can be credited to gender roles and cultural values in Nepali society (Thieme, 2005). This thesis analyzes institutions’ role in labor migration and the relationship between institutions and female migrants.
|
78 |
Making the kettle boil Rights talk and political mobilisation around electricity and water services in SowetoMcInnes, Peter Charles 13 November 2006 (has links)
Faculty of Humanities
School of Humanities and Social Sciences
0200487m
peter.mcinnes@health.gov.za / This dissertation looks at the attitudes, actions and opinions towards law, rights and political mobilisation, and in particular South Africa’s Bill of Rights, of a small band of activists associated with the Soweto Electricity Crisis Committee (SECC). It provides a snapshot of attitudes towards the Bill of Rights prevalent at the birth of a small organisation, which since 2000 has been active and at times successful in guaranteeing affordable electricity in South Africa’s largest township - Soweto.
The SECC emerged as a real force in Johannesburg’s political life in the first half of 2001 as a result of the disconnection of up to 20,000 households per month by the state owned electricity utility, ESKOM. In response to these cut-offs Sowetans required urgent and appropriate forms of political action that would both provide immediate relief in terms of reconnecting disconnected households to the grid, wiping off unpayable electricity account arrears and, over the longer term, mitigating or transforming the policies that led to the cut-offs.
This study explores to what extent the Bill of Rights enhanced grass roots political mobilisation. The study describes the potential mechanism through which rights discourse promotes community mobilization and provide some preliminary comments on the appropriateness of legal mobilization for political ends.
This focus on electricity enabled understanding of how a community based organisation strategised social mobilisation when a particular demand, in this case an essential service - electricity - is not explicitly included in the South African Bill of Rights. Specifically it allowed the study of strategies adopted to prosecute similar demands surrounding access to water, which was explicitly included in the Constitution. In this case the SECC strategy was to deliberately obscure the boundaries between the two services.
Rights talk was adopted by the SECC to serve political ends. The need of Sowetans for reliable, consistent and affordable supplies of electricity was transformed and demanded as of right by the SECC. Such a characterisation had obvious advantages to the SECC activists trying to build a movement that could challenge Eskom’s and the municipal government’s credit control policies.
Rights talk provided a catalyst to engage interest in the campaign. On attracting an audience by ‘rights talk’ the allegation that service disconnection denied ‘fundamental human rights’ tapped into already existing feelings of hurt and humiliation. Rights talk legitimated peoples private feelings of pain and humiliation. The evolving sense of outrage as a result of this denial was then directed (hopefully) towards involvement in protests and meetings.
The themes present in the writings of critical legal theorists on rights are explored. This study found that the key tenets of critical legal theory’s critique of rights such as the malleability and indeterminacy of legal discourse to suit your own ends; the tilt within the legal system to already powerful interests within South African society; and the risks of
constitutional litigation to the democratic character of the struggle were all present in the minds of activists. Yet ultimately legal strategies were of ongoing interest to SECC activists because of the undeniable potential leverage they provided to promote social mobilisation and allow for real changes in harmful government policies through the assistance of the courts. These potential uses outweighed the identified attendant risks of a constitutional litigation strategy.
This study concludes that rights can form an important component of the progressive activists arsenal of weapons against liberal capitalism. This is both understandable in a short-term strategic sense (as implied above in the SECC’s use of rights) as well as a more complex longer-term project of building a better society.
|
79 |
An Exploratory Inquiry into Community Policing Using Focus Groups: Perspectives from Social Service ProvidersOstrogorsky, Tanya Leigh 22 August 1996 (has links)
The purpose of this study was to evaluate Portland, Oregon's community policing policy by using focus groups to discuss the development and effectiveness over one year, Spring 1994 to Spring 1995. The group discussed included management level social service providers and was one piece of a large scale program evaluation. The collected data developed into six major categories: 1) personnel policies and institutional memory; 2) training; 3) consistency; 4) community involvement and responsibility; 5) partnerships or relationships, and 6) change over time. The most highly discussed issue was the discrepancy between the philosophy of the Bureau, community policing, and the way in which the Bureau moves personnel. Data analysis suggested that the level of confidence and support felt by social service providers has increased dramatically over one year. Although, the group participants still have many issues they would like to see resolved, all recognize this is a process that takes time. Generally, community policing has rooted itself and established a footing with the social service providers who are committed to assisting in the molding and development of community policing as well as providing resources to assist in that Journey.
|
80 |
The shifting sands of evidence : a socio-legal enquiry into the development of medical guidelinesJansen, Friso Johannes January 2017 (has links)
Medical guidelines on the same medical condition differ between England and the Netherlands. These guidelines are referred to as evidence-based because they are supposedly based on a systematic searching for and appraisal of medical studies to drive recommendations for appropriate care for specific clinical circumstances. This comparative study interrogates what causes these differences and similarities between guidelines and tries to uncover the mechanisms behind the development of medical practice guidelines. Four case studies, on lower back pain and on type 2 diabetes in both countries, are used to provide a detailed empirical account of the development of medical guidelines. Interviews with guideline developers are combined with a detailed analysis of available guideline documents. The overarching finding of this thesis is that medical evidence plays a more limited and nuanced role in guideline construction than might be expected and that guidelines are manifestations of professional (self-) regulation. Importantly, the research also finds that institutions shape guidelines in a multitude of ways. This study has endeavoured to add to a more nuanced understanding of evidence within the literature: conceptualising evidence as part of a process of a social and institutional construction. This construction is used within a collaborative and communicative process aimed at creating 'objective facts'. Contrary to existing scholarship, this thesis argues that evidence merely informs the understanding of members of guideline groups while a range of economic, cultural, institutional, and political factors, that together form cognitive frames, provide the driving force behind the development of guidelines. Institutional factors have shown to be essential elements in guideline development, influencing all aspects of development through institutional cultures of practice. This study concludes that calling guidelines evidence-based is an important rhetorical instrument, which helps to conceal and legitimize some of the normative choices that are inherent in guideline making.
|
Page generated in 0.054 seconds