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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.
771

The impact of legal process outsourcing in South Africa

Murtuza, Rushmina January 2020 (has links)
Doctor Legum - LLD / Legal Process Outsourcing (LPO), the act of sending legal work to an offshore destination or onshore to another location within the same country by a law firm or legal department to a legal outsourcing company, has steadily grown to become a billion dollar industry, transforming the legal landscape from the traditional law firm set up and firmly entrenching itself as a valued accessory to any law firm vying for success. The integration of the LPO business model arguably offers lower labour costs, 24-hour service delivery and direct access to a pool of professional lawyers specialising in a multitude of disciplines
772

The rights of students in public high schools

Lindahl, Keith James 01 May 1973 (has links)
The United States Bill of Rights guarantees American citizens’ personal freedom and at the same time places limitations on the actions of the various levels of government. Questions arise in regards to the age at which citizens are guaranteed rights and freedoms under the Bill of Rights. The young American citizen, in a public school, has not always enjoyed the exercise of the rights of American citizenship. This paper examines the current status of the rights of public high school students, specifically in the State of Oregon. First to determine just which rights do apply in Oregon High Schools, court decisions, primarily from federal courts, were examined in order to extract the current judicial definitions of civil rights and liberties. As a result of this research, it was found that high school students are guaranteed the First Amendment rights of free expression and the Fourteenth Amendment privileges of due process or fair procedures in civil actions involving the school administration. The Fourth Amendment has been the basis of numerous cases dealing with locker searches and seizures, but the courts have held that the guarantees of the Fourth Amendment do not apply in light of the special circumstances of the school environment. Secondly, the status of the these student rights in the Oregon public school systems was examined by studying the state guidelines for student conduct codes and individual district codes from the 1971-72 and 1972-73 school years. It was concluded that as of 1972-73, most of Oregon’s high school students are guaranteed the rights that have been judicially defined as applying to high school students; this guarantee, at the local school district level, came about as a result of new Oregon Revised Statutes and new Oregon Board of Education policy. Third, the attitudes of high school students and principals towards student rights were polled and tallied. The results show that though both groups are not aware of all current judicial definitions, the students are more in accord with the courts decisions and current legal interpretations than are the principals. As a result, it is concluded that young Oregonians in public high schools are guaranteed rights under the United States Constitution; and with the advent of detailed rights and responsibilities codes in the local school districts, students are now allowed to exercise their rights in most Oregon high schools. The majority of students are aware of their rights, thus providing a situation in which students can function socially and politically as much as they would if they were out of high school.
773

Women's legal consciousness in a poor urban community: finding order in and around the law

Harding, Joanne 13 January 2022 (has links)
This thesis is a qualitative empirical study aimed at understanding the legal consciousness of women in a poor urban community. Through the narratives of women who were interviewed for this study, articles in the media, social media, and film, it explores the predominant problems experienced by women, and their experiences of engaging systems ‘in and around the law'. I argue that localities like Lavender Hill cannot be seen as homogenous and one cannot assume that all people approach problem solving from a similar perspective. Using a feminist lens, with literature on legal consciousness, legal cynicism, and legal pluralism as a backdrop, I describe the legal consciousness of poor urban women; what Ewick and Silbey refer to as ‘tracing the law in everyday life'. I interviewed 52 women, of which eight are women who live and work with other women in the community. Using an open ended questionnaire, I captured these narratives and analysed them, describing the themes and trends which surfaced. Poor urban women in this context not only navigate the daily threat of gang violence. They live in a place that is neglected, and seek positive solutions, despite high levels of patriarchy and systems that are inaccessible and unfair in response to their problems and disputes. A key finding of relevance to legal consciousness theory is the existence of different typologies of women − despite the relatively small geographic locality − with diverse norms and values. Of value is the description of varied attitudes towards systems ‘in and around the law', and different problem solving approaches. This makes a significant contribution to legal consciousness scholarship, in that it brings into view the seminal role of norms and values in social control, and how this shapes women's expectations of the law, as well as their approaches to the law, and other systems that assist with problem solving. This finding has value for practitioners and policy makers seeking to make a contribution to social justice and improve the lives of women in poor urban neighbourhoods like Lavender Hill.
774

An Investigation of Russian and American Legal Systems and Texts

Palmer, Elliott 26 May 2020 (has links)
No description available.
775

Nurses Forming Legal Partnerships to Meet the Needs of the Underserved in Rural America

Vanhook, Patricia M., Aniol, Trish, Orzechowski, John, Babalola, Grace Titilayo 05 April 2018 (has links) (PDF)
The impetus for the recognition of the need for legal partners in healthcare came from Boston City Hospital in 1993. The hospital provided care to the largest uninsured and underinsured population in the New England states. The pediatric patients were noted by Dr. Barry Zuckerman to have difficulty in recovering from medical illnesses. He linked their inability to improve their health to poor housing, food insecurity, and basic social determinants of health. His hiring of a part-time lawyer led to a national movement for the development of medical-legal partnerships. The American Bar Association, the National Center for Medical-Legal Partnerships at George Washington University in Washington, DC and the American Academy of Pediatrics formed the first national medical-legal partnership in 2007. Joint resolutions were passed for members to become partners with the other professional colleagues to “address the legal and social issues affecting patient health and well-being.” The American Bar Association resolution led to the creation of the Medical-Legal Partnership Pro Bono Project. In 2015, the East Tennessee State University College of Nursing nurse-led community health center was awarded a small grant from the National Nurse Centers Consortium to participate in the development of a medical-legal partnership. The health center is staffed by Nurse Practitioners who provide health care for the underserved in northeast Tennessee. The patients are diverse and include homeless, migrants, residents of public housing, uninsured, and underinsured. Partnering with the Tennessee Justice Center in Nashville, Tennessee, the nurse-led medical legal partnership improved lives of pediatric patients, adults, pregnant women across the state, and advocacy rights for those who cannot speak for themselves.
776

Legal professionals and open access : An investigation of print and electronic resources utilised by legal professionals in England and Wales with a focus on open access legal databases

Pollock, Susan January 2022 (has links)
The thesis addresses lawyers’ information seeking in England and Wales. It aims to gain an understanding of lawyers’ information needs and use of resources relating to case law, statute and commentary, both hardcopy and electronic, with an interest in open access resources in particular. The study comprised of semi-structured interviews of 11 legal professionals qualified to practice in England and Wales. Data was analysed using thematic analysis. Questions were designed to elicit what resources participants used, what they found advantageous or disadvantageous about these resources, and any other factors that influenced whether a resource was used or not. The homogeneous participant group means results are mostly applicable to solicitors early in their career working in large firms, but some conclusions can be drawn as to use of open access by legal professionals. An electronic format is no barrier to use. Open access resources are used alongside commercial and free resources. Open access resources are perceived as advantageous for specific tasks. What is perceived as advantageous or disadvantageous depends on a number of underlying factors, such as task, task complexity and environment. However, although having beneficial features can affect resource use, advantageous characteristics are not enough to guarantee use. Lloyd’s theory of information literacy is of help in explaining resource selection. The study’s findings support other models of information seeking behaviour, especially Ellis’s model.
777

Protection or Control? – The History & Impact of the Major Crimes Act on Native Americans and Its Future in Criminal Law

Garrow, 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.
778

The UN TreatyBodies and their Normative Output : International Human Rights Law Beyond State Consent?

Eklund, Per January 2023 (has links)
Few topics of discussion within international human rights law are as riddled with confusion as that concerning the legal status or normative significance of the United Nations Human Rights Treaty Bodies and their work. The treaty bodies, in its work, generate a form of jurisprudence – a body of norms and directives about how state parties ought to act in order to comply fully with the treaties. The prevailing issue within the legal practice and academic debate is often presented as a dilemma: are the norms generated by the treaty bodies binding or not? This paper takes a somewhat different approach, arguing that the treaty bodies’ normative output, all the while legal in nature, is best understood as non-binding, yet maintain the function of giving the states parties to the respective treaties reasons for action. Thus, discarding with the binary ‘grammar’ defended by some of the leading international law scholars, where law equals binding and obligatory, and non-binding and non-obligatory equals non-law. Instead, this paper suggest a third option which better fits the actual function that treaty body output serves within the practice of international human rights law. Also, since the resulting norms do not have binding force, the requirement of state consent should be proportionally weakened, giving rise to the possibility that the state may be subject to legal norms without its consent.
779

Victims of more than just bias gender's influence on jury awards and other monetary benefits in workplace sexual harassment claims

Ferraro, Anthony 01 August 2012 (has links)
The main objective in this research was to examine the extent to which gender and gender biases influence monetary benefits received, including jury award amounts, in workplace sexual harassment claims. Two methods were utilized to explore the discrepancies in monetary benefits received based on gender differences. The first method used was a survey to test various gender attitudes, attitudes on sexual harassment, and how influential a victim's gender was on determinations of damage award amounts in sexual harassment cases. 6 two-way factorial univariate between-subject analyses of variance (ANOVAs) were used to analyze the survey data. The second method in this project consisted of an examination of claims filed by victims of sexual harassment. Equal Employment Opportunity Commission statistics were broken down by gender with respect to resolution type. This provided a means to assess the actual monetary benefits received by both men and women across all possible forms of claim resolutions. In conjunction, these two methods provide a more balanced approach to the assessment of gender discrepancies in sexual harassment claims. Using a combination of actual claims of sexual harassment and survey data, rather than just one or the other, allows for direct comparison between perception and reality. The comparison of perception and reality allows for a more complete assessment of the state of sexual harassment claims as they relate to victim's gender. With a more complete assessment of sexual harassment claims and perceptions of sexual harassment it may be possible to bring to light potential injustices caused by gender or gender stereotyping, and correct any imbalances that may be present.
780

The lasting effects and analysis of the supreme court's decision in the national federation of independent business v. sebelius

Esposito, Devin 01 May 2013 (has links)
The purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper will then discuss the background of the Affordable Care Act, the procedural history of the case, and the majority's analysis supporting its decision. The concurring and dissenting opinions of the other justices will be discussed to present the various viewpoints regarding the proper role of the federal government and the implications this case may have on federal/state conflict. The Supreme Court ruled in favor of the Department of Health and Human Services. The 5-4 decision was extremely close and the opinions given by each Justice highlighted the various flaws and benefits of the Act it was looking to uphold. Further research of Supreme Court cases in our country's history reveal the trend of augmenting and diminishing state's rights. This thesis will examine the constitutionality of the aforementioned decision, the effects it will have on each of the states within the United States, and the impact the citizens will experience.

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