The application of human rights to private relationships is a difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and the individual citizen's right to self-autonomy. Is law to be neutral, leaving private citizens to order their relations without intervention from the State? Or, should it play a more active transformative role by regulating and organising society to accord with a particular set of moral values and economic objectives? This dilemma is a current which runs through most contemporary moral and human rights discourse. It is not merely of abstract or academic interest. Both the reach and content of the law will be determined by which approach may prevail.

The purpose of this research paper is to evaluate different elements of the State University System of Florida. Specifically, this paper will analyze how universities will respond when appropriated 20 million dollars of performance based funding and will also evaluate how efficient the 2009 changes in Florida's [statute] 464 were. This paper will use comparative statics and a duopoly model in order to explain behavior of universities when they are appropriated performance based funding. Moreover, this paper will use measures of central tendencies and hypothesis testing in order to statistically analyze data of Florida's Licensed practical nursing programs provided in the 2013 OPPAGA Nursing education report. When all is said and done the findings in this paper could suggest statutory reform of Florida's [statute] 464.

Immigration law and its enforcement are controversial and highly debated topics. States are increasing their role in the enforcement of immigration law by enacting laws that allow local law enforcement to function as immigration officers with the intent of decreasing the illegal alien population within their jurisdiction. The primary focus of this thesis is to determine whether state and local police have the legal power to enforce immigration laws that have been the jurisdiction of the Federal Government for decades. There are two sides that are discussed in this thesis, the proponents who are in favor of increased participation and those who oppose it. The proponents argue that federal law has not preempted states from enforcing immigration law and that states have inherent authority to do this. The critics argue that this is unconstitutional because the constitution and other legal authorities grant exclusive power to the Federal Government in the area of immigration law. Through the analysis of constitutional provisions, case law and statutes, quantitative statistics, anecdotal evidence, federal and state programs, and governmental resources this thesis evaluates the current role of state and local authorities and proposes a different role for local jurisdictions in the enforcement of immigration law. Evidence shows that states are allowed to enforce some immigration laws but doing this has negative consequences for the people, the states, and the nation. Research shows that increased participation from local law enforcement leads to racial profiling, civil rights violations, and damages the relationship between the police and the community; therefore, the line between state and federal enforcement should be monitored carefully.

The thesis will conclude by identifying issues that courts and legislatures will have to address in the coming years to adequately deliver justice in a dynamic society that is prone to powerful technological change.; Though the Internet and social media are fairly recent developments, the legal principles and issues embodied in them are well-represented in the Constitution. Take, for example, the freedom of expression enumerated in the First Amendment. Though traditionally in print, pamphlets, and film, recent developments in technology such as Facebook and blogs have become the new standard forms of communication. Like the physical mediums that arose before them, issues arise of what limits, if any, should be placed on the speech. Given the guise of anonymity, people on the Internet have less accountability in the comments they make, which has led to things ranging from passionate political speech to what is known as cyber-bullying, which is online harassment that has led people to suicide. This thesis, however, will primarily focus on the Fourth Amendment's reasonable expectation of privacy. Because the information involved with the Internet and social media is digital, it is more difficult to identify when privacy has been breached. With a paper envelope, for example, one can tell if the seal was broken and the contents were potentially disclosed to an unwanted party. Electronically, however, no such seal exists to notify the sender or recipient of a communication. Furthermore, the Government has found itself under stricter scrutiny for searches with these new developments in technology; the lack of physical intrusion poses difficult questions for courts that must decide how far a reasonable expectation of privacy goes in the social media age. The thesis will also address how private companies obtain and use individuals' information through the services they provide and the issues that arise from them. Private companies have fewer restrictions than the Government, and both perspectives are important to keep in mind when trying to understand the policy implications rapid technological growth has brought about.

As newer technological advancements are developed and introduced, a question regarding their adoption into society has become known. If such advancements in technology mutually benefit the people using them as well as the environment we live in, should there not be provisions in place to incentivize the creation and purchase of these technological advancements. Electric vehicles are an advancement of technology that is currently available for widespread adoption in the transportation sector of our country. However, questions as to why EVs should be adopted will be asked by critics. That is the question this thesis attempts to answer. Our global environment, specifically in our country is constantly dealing with environmental damage that pollutes our atmosphere and exposes us to natural disasters that lead to loss of life. The pollution that arising from the tailpipes of a vehicle that runs on fuel that is non-renewable is one of the largest contributors to this travesty. Electric vehicles attempt to dissolve this issue while still keeping modes of transportation as is. When such attributes are available to use, when and how we use them depends upon the law. This thesis determines the drawbacks of traditional, fuel-burning vehicles, suggests how electric vehicles can make the environment a safer place, and most importantly, whether there are any incentives on the state level promoting the use of electric vehicles, as well as an in-depth study of any such incentives at the federal level and why there needs to be more. By comparing electric vehicles with traditional vehicles, as well as the infrastructure that is required to both fuel and build these vehicles, this thesis will clearly outline the benefits of electric vehicles and why it is dangerous to continue the use of fuel-burning vehicles. Thereafter this work will compare incentives from numerous states that are already in place and compare the progress on the state level to the federal level and why it is important that more federal incentives come into play.

Some legal theorists argue that legal determinations apparently based on moral arguments actually involve an appeal to extra-legal standards because legal reasoning and the conceptual structure of a legal system necessarily excludes morality (Exclusive Legal Positivism). Others argue that moral principles can be _incorporated into legal systems (Inclusive Legal Positivism), or must be so incorporated (Dworkinian Interpretivism), where they operate as legal rules. Does Canada's Charter of Rights and Freedoms actually incorporate the moral principle of equality, or does it merely authorize judges to appeal to that extra-legal principle as a legitimate reason for invalidating those laws which violate it? To answer that question the philosophical legal theorist must evaluate and develop an account of juridical law in the face of epistemic uncertainty about the relation between law and morality (i.e. whether it is necessary or contingent). In this work I first consider the meta-theoretical characteristics of legal theories, particularly their methodologies and the evaluative criteria applied to them, so as to identify and make explicit the source of legal-theoretical epistemic uncertainty. I then argue for an approach to describing and explaining law whereby we neither ignore epistemic uncertainty nor dispense with it by means of a stipulative definition. This inclusive positivist approach, however, also requires that we abandon the ideal of a presuppositionless inquiry. Accordingly, I demonstrate how a descriptive-explanatory philosophical account of law can make use of a presupposition and, ultimately, offer a sound defense for it. Finally, through an analysis of some aspects of Canadian constitutional adjudication, I show that inclusive positivism is most able to describe and explain the legal-moral uncertainty exhibited by participants in legal systems of a certain type, and so offers the best philosophical account of legal practices as they are understood by those who instantiate them. / Thesis / Doctor of Philosophy (PhD)

In this dissertation, I argue that the debate between contemporary legal positivism and contemporary natural law philosophy must be understood in terms of underlying assumptions about the nature of philosophy. Despite differing conclusions about the nature of law and legal theory, contemporary legal theorists generally approach the study of law in a similar way. Generally speaking, contemporary legal theorists attempt to provide general accounts of law which are theoretically valuable. They believe that a general and theoretically valuable account oflaw can be achieved by bracketing-off metaphysical questions and focusing on the analysis of concepts. However, it is ultimately because contemporary legal theorists share assumptions about the nature of philosophy that they share similar problems. Because of these share assumptions, contemporary philosophers of law must choose between two alternatives which have limited theoretical value, namely, an overly formal account of law or a relativistic account of law. Thus, this dissertation is not only a critique of specific contemporary legal theories (those of Dworkin, Hart, Raz and Finnis), but also a more general critique of contemporary legal philosophy as a whole. Only by changing the basic assumptions which underlie contemporary legal philosophy can we hope to provide accounts of law which are both general and theoretically valuable. / Thesis / Doctor of Philosophy (PhD)

The purpose of this thesis is to examine the nature of the relationships that exist between women and their use of cannabis. Currently, women’s use of cannabis is legally permitted within a federal, medical system of access; however, cannabis’ consumption outside of that framework is categorized as a criminal act. As a result, women are subjected to differing forms of cannabis stigmatization and surveillance across many socio-political contexts, often resultant in women’s losses of power and position. As Canada prepares to enact a legal cannabis framework, it is crucial that society and institutions understand the relationships which women have developed through cannabis use. Otherwise, the legalization of cannabis use will not -- in and of itself -- alleviate the systemic forms of stigmatization and oppression which continue to impact the lives of certain women because of their use of cannabis. A review of existing literature demonstrated that there is limited research which discusses the nature of women’s use of cannabis outside of a medical context. Using postmodern feminist and intersectional analysis, I conducted qualitative, semi-structured interviews with six women to gain insights into their experiences of using cannabis. Contrary to the medical and/or criminal cannabis discourse, the women’s stories reveal examples of unique and overlapping instances of cannabis use which differed from the traditional cannabis dichotomy. The findings of the women’s interviews create an alternative cannabis discourse, in which women’s use of cannabis is experienced as a fluid, multi-functional act with effects that satisfy experiences differently across diverse iv contexts, which extends our existing knowledge base. In relation to existing social work policies and practices, the finding implications are discussed. Ultimately, the thesis identifies opportunities for collaboration between social work and women, many of which could serve to disrupt the perpetuation of women’s stigmatization and surveillance in a legal cannabis framework. / Thesis / Master of Social Work (MSW)

Article II of the United States Constitution reads, "The President, Vice President, and all civil Officers of the United States; shall be removed from office on impeachment for, and conviction of; treason, bribery, or other high crimes and misdemeanors." The purpose of impeachment in the United States is to deal with public officials who have abused the power of their office in one form or another. Impeachment is reserved only for government officials because it is of a different nature than ordinary criminal law. Often, impeachment proceedings arise even without evidence of any criminal offense. However, it needs to be determined if the official is guilty of an impeachable offense. This thesis examines the role of impeachment in our government and looks at the considerations used in determining if an impeachable offense has been committed.

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course. Legal educators struggle to address these issues. The practicing bar and judiciary have expressed concerns about law school graduates ability to conduct legal research. Studies have been conducted detailing the poor research ability of law students and their lack of skills. Although deficiencies in law student research skills have been identified, there is no agreement as to how to remediate these deficiencies. This dissertation suggests the legal research resources that should be taught in law schools by identifying the research resources used by practicing attorneys and comparing them to those resources currently included in legal research instruction at the 202 ABA-accredited law schools. Multiple data sources were used in this study. Practitioner resource information was based on data provided by practicing attorneys responding to the 2013 ABA Legal Technology Survey. Resources taught in ABA-accredited law schools were identified through three sources: a 2014 law school legal research survey sent to the 202 ABA-accredited law schools, a review of law school syllabi from ABA-accredited law school legal research and legal research and writing courses, and the Association of Legal Writing Directors 2013 annual survey of legal research and writing faculty. The combined data from these three sources were compared to the resources used by practicing lawyers identified in the annual national 2013 ABA Legal Technology Survey. This comparison of what is taught with what is used in practice identifies a deficiency in law school instruction in the research resources used by practicing attorneys. These survey results detail distinct areas of inadequate instruction in legal research resources and provide legal educators with detailed information necessary to develop a curriculum that will result in graduating students with practice-ready competencies.