During the years following Brown v. Board of Education, the U.S. district courts assumed the burden of implementing that decision across the country. The purpose of this study is to examine the role of the district court judges in the Fifth Circuit Court of Appeals in that effort. The primary sources used are the district, appellate and Supreme Court opinions. This study concludes that many background variables used to study judicial behaviour are ineffective in this geographical area because of the homogeneity of the judges' backgrounds. But, as indicated by the Johnson appointments, a president can select judges that have a particular attitude toward an issue such as integration, if he has the desire and the political acumen to do so.

The regulation of atomic energy has had a long and unique history in the United States and it is the effectiveness of that regulation which poses the problem analyzed here. Government documents and secondary sources are used to provide data and critical opinion about atomic energy regulation. The first chapter deals with the history of the earliest attempts to deal vith atomic energy while the second chapter is concerned with the political nature of the Atomic Energy Commission (AEC). Questions o secrecy and potential environmental danger from the nuclear enterprise are topics for the third and fourth chapters respectively. A concluding chapter indicates the future direction the regulation of nuclear power may take under the newly established Nuclear Regulatory Commission and the Energy Research and Development Administration.

Electronic contracts in the new technological age and electronic commerce have brought about world-wide legal uncertainty. When compared to the traditional paper-based method of writing and signing, the question has arisen whether contracts concluded by electronic means should be recognised as valid and enforceable agreements in terms of the functional equivalence approach. This study will examine the law regulating e-commerce from a South African perspective in contrast to international trends and e-commerce law from the perspective of the United States. The research investigates various aspects of contract formation such as time and place, validity of electronic agreements, electronic signatures, attribution of electronic data messages and signatures, automated transaction as well as select aspects of e-jurisdiction from a South African and United States viewpoint. / Mercantile Law / LLM

In just over one year since United States v. Windsor— the case invalidating sections of the Defense of Marriage Act (DOMA) that defined marriage, for purposes of federal statutes, as the “union of man and woman”— more than a dozen states have had their same-sex marriage bans ruled unconstitutional. This suggests a shift in legal meaning; previously successful arguments against same-sex “marriage” now seem irrational as argumentative ground has shifted. Since favorable rulings redefine “marriage” to include same-sex unions, this thesis analyzes Kitchen v. Herbert, a 2014 legal opinion from the United States Court of Appeals Tenth Circuit, to understand the rhetorical processes underpinning its redefinitional act. That analysis draws on Kenneth Burke’s theories of entitling and constitutions and discusses the rhetorical concepts of terministic screens, casuistic screens, scope and circumference as key features of the rhetoric of the legal opinions. The findings call for a balancing of deconstructive and conventional approaches to legal discourse. / Includes bibliography. / Thesis (M.A.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

Law is a means to an end. The state has always claimed it uses law as a tool to promote social order and progress (the Brazilian National Flag is an example). The use of law to force social change to facilitate capital accumulation for elites in society flies in the face of what the takings clause is supposed to stand for. This research examines the connection between economic development and public good. It focuses on takings because takings lie at the intersection between economics, politics, and social relations. Takings are justified by necessity and public good, but the claim isn’t genuine. Takings condone displacement and cause harm. State-authorized condemnation juxtaposes civic duty with social obligation, ownership with license and privilege. The thesis developed here is the state is pushing the law of takings toward the satisfaction of private interests. To that end the public use concept was expanded. Kelo v. City of New London (2005) holds economic development is a public use and in making that fallacious claim the case has ruptured takings law. Public use shouldn’t be about private gain. Property should be creative and is when it facilitates productivity, but it’s destructive if it erodes personal autonomy. The state claims it promotes social good when it reorders uses, but the claim is false. Instead the state achieves an air of legitimacy, offering a sound rationale for acts of displacement and uses law to support the claim it promotes public good. If an individual doesn’t want to part with her property she shouldn’t be forced to do so. Taking is use of state power to accomplish ends that can’t otherwise be achieved. Taking is a lawful means to displace to benefit private interests. The proof of this is in the pudding of the transformation of law between Berman v. Parker (1954) and Kelo v. City of New London (2005). Berman (1954) required blight. Kelo v. City of New London (2005) eliminated that requirement. This thesis explains how law and state are captured by private interests. / Includes bibliography. / Dissertation (Ph.D.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1979. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 361-380. / by Andrew Schiffrin. / M.C.P.

This study examined the policy letters and verbal testimony transcripts submitted by interest groups to the United States Department of Education (USDE) in response to the proposed regulations pertaining to the implementation of the 1997 reauthorization of P. L. 105-17, Individuals with Disabilities Education Act (IDEA). Specifically, this study analyzed the emerging themes in the area of discipline. Responses were received from the following interest groups: (a) school administrators, (b) parents, (c) teachers, (d) state educational agencies (SEAs), (e) national educational organizations, and (f) members of the United States Congress. In addition to analyzing the emerging themes, the study compared these themes to ones found in the current literature and court cases.

Thesis (S.M.)--Harvard-MIT Division of Health Sciences and Technology; and, (S.M.)--Massachusetts Institute of Technology, Engineering Systems Division, Technology and Policy Program, 2004. / Includes bibliographical references (p. 59-61). / Published findings report that it takes approximately eight years to bring a novel drug to market at an average cost of $800 million. Over the last ten years, the Food and Drug Administration (FDA) has helped to reduce the time from filing a new drug application (NDA) to granting marketing approval (i.e. the approval phase). However, there has been no alteration in the time required to progress from an investigational new drug application (IND) to an NDA filing (i.e. the clinical phase) over this same period. Since approval times began to decrease upon the initiation of the Prescription Drug User Fee Act (PDUFA), in this thesis I analyze the impact of PDUFA and calculate its benefits to companies. Due to the importance of getting new drugs to the market faster, I also investigate why there has been no significant change in the time required to test a drug clinically, and attempt to identify steps that could be taken to improve the clinical trial process. To investigate this, I evaluated ways in which the FDA and industry can work together to reduce clinical development times, without compromising safety. The results from this study show that PDUFA has had a significant impact on reducing approval times. More importantly, I determined that the direct costs of PDUFA are small in irmlparison to its benefits. In addition, my analysis of the early clinical phases (pre-clinical to Phase II) of drug benefits. In addition, my analysis of the early clinical phases (pre-clinical to Phase II) of drug development has revealed potential steps both the FDA and industry can take to facilitate a more efficient process for assessing the safety and efficacy of drugs. Thus, this study represents an important step towards improving the development of medicines for the world. / by Matthew W. Strobeck. / S.M.

No description available.

Purpose of the study was to determine effect, if any, of tax credit legislation for contributions to higher education in Indiana, Michigan, and North Dakota. Secondary purposes were twofold: 1) to discover differences in patterns of giving to public and private institutions of higher education, and 2) to compare existing tax credit laws and develop recommendations for model legislation.Data, collected from published journals and reports of private and governmental agencies, were subjected to analyses for consistency and compatibility in order to assure validity in interpretation. All dollar amounts were converted to 1967 Constant Dollar Values for analysis.Data for voluntary giving in areas of business and corporate giving, non-alumni giving, giving by other groups, and alumni giving for individual institutions were compared with composite national data for giving to higher education.Findings1. Annual reports of voluntary giving to higher education have presented raw data reflecting a growth of 40 percent for 1970-1977, when converted to real dollar purchasing power, a loss in excess of 8 percent is documented.2. Growth in voluntary giving to institutions studied exceeded growth on a national basis; growth in giving to public institutions far exceeding growth in giving to private institutions.3. Voluntary giving to higher education by business and industry has declined during a period when growth would have been expected.4. Tax credit legislation is possible in all states.Conclusions1. Voluntary giving to higher education in Indiana, Michigan, and Forth Dakota, states having tax credits for gifts to higher education, increased at rates demonstrably greater than the rate of increase for the national composite.2. Growth in voluntary giving to higher education was directly related to length of time the tax credit law has been in effect.Implications1. Voluntary giving to higher education is directly related to fund raising campaign efforts causing wide fluctuations in year-to-year levels of giving.2. Growth in voluntary giving to higher education using a tax credit is related to awareness, a component of fund raising campaigns.