Dissertations / Theses on the topic 'Investments – Law and legislation – United States'
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Demyanek, Mark Louis. "An analysis of United States asbestos regulations and policies." Thesis, Georgia Institute of Technology, 1989. http://hdl.handle.net/1853/29586.
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Moessner, Philipp. "Slot allocation in the United States and Europe." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99146.
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The following thesis describes and analyzes the development of the U.S. slot allocation system from 1968 until today, in order to draw relevant conclusions for a new European Slot Regulation. The European Commission is currently drafting a new Slot Regulation purporting to introduce market mechanisms. A similar approach was espoused in the United States from 1986 onward, but was ultimately supplanted by overriding legislation in 2000. The analysis of the U.S. slot allocation system reveals the reasons underlying its abolition and queries whether this experience can be successfully transposed in Europe. The thesis commences by providing general information on the definition of slots, slot allocation, and airport capacity. A brief review of the European Commission's current consultation process on the implementation of market mechanisms for slot allocation follows. The main part of the thesis discusses the U.S. High Density Rule and the Rules for the Allocation and Transfer of High Density Airport Slots in historical order. Some criticisms frequently voiced assert that the Rules artificially limited access to airports, constituted barriers to market entry, restricted airline competition, generated higher fares, and yielded adverse effects on smaller communities which, in turn, lost access to key markets. Through a favorable assessment of the Rules, the thesis analyses these concerns and concludes that the suppression of the Rules was rather prompted by local political motivations than by other rationalities. However, experiences drawn from the U.S. Rules demonstrate that a future European secondary market for slots, if implemented under a grand fathering system, will likely have a positive impact on the efficiency of airport capacity, but not on access to the market and competition.
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Barr, Diane Louise. "The right to one's reputation: Applicable legislation in the United States of America." Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/6518.
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Handa, Rish. "The extraterritorial dimension of patent law systems /." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112602.
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This thesis analyses the extraterritorial dimension of patent systems in light of recent judicial trends, ending with the United States Supreme Court's landmark 2007 ruling in AT&T v. Microsoft. The discussion examines (i) the economic interest of nations in issuing and maintaining patent rights; (ii) the legal arguments against a unilateral extraterritorial extension of domestic patents, leading to the legal presumption against extraterritorial extension; (iii) the evolution of this doctrine in United States legislation and jurisprudence and forays against it, especially in recent decades; and (iv) the impact of globalization and of the nature of patentable information in the digital age on the issue of the extraterritorial extension of patent rights. The general conclusions are that, in the modern age, patent rights need to be extended beyond the domestic jurisdiction, and that the appropriate manner for nations to achieve this extension is not unilaterally but through bilateral and multilateral treaties.
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Martin, Daniel Gordon 1963. "The Archaeological Resources Protection Act, other federal legislation, and the protection of cultural resources in the United States." Thesis, The University of Arizona, 1987. http://hdl.handle.net/10150/276621.
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Within the past 100 years, the protection of archaeological and other cultural resources have fallen in part under federal jurisdiction. The role of federal legislation and regulations, with particular emphasis on the Archaeological Resources Protection Act of 1979 (ARPA), is evaluated in terms of guidelines, application, and effectiveness. A history of federal legislation is presented, followed by an in-depth review and analysis of ARPA. The relevance and applicability of ARPA and other legislation is reviewed in terms of resource significance, definitions of archaeological material, logistics of law enforcement, and prosecution of violators. A case review is presented and analyzed. The roles of public archaeology and future legislation are discussed as they apply to continued efforts toward preservation of cultural resources.
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Chan, Tsz-ki, and 陳紫琪. "Evaluation of the drug regulatory systems in Hong Kong, Singapore, Taiwan, United States and European Union." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hub.hku.hk/bib/B50561583.
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Background:
Drugs have become an essential necessity in public health, people and the government has become willingly to spend more money on the country’s healthcare system to restore health, save lives, preventing disease and epidemics. Drugs should be properly regulated throughout development, production, importation and subsequent distribution to ensure it is prescribed with safe, effective and of good quality standards. The structure of drug regulations today has evolved over time. During the process, the scope of legislative and regulatory power expanded in result of a series of disastrous events related to pharmaceutical products, the adoption of more restrictive legislative were put in place for stronger safeguard to the public.
In comparison to Singapore, Taiwan, US and EU where the drug regulatory system is highly structured, flexible and innovative, Hong Kong (HK) has a relatively simple and stubborn drug regulatory system and drug approval is greatly dependent on the approval status of the advance countries. According to the current registration system in HK, a new drug usually takes about 18-24 months to obtain an approval, and this figure is far behind the standard of Singapore in which medicine could be registered in 60 days. It is vital to have speedy approval process with high standards in safety, efficacy and quality on all approved drugs. If drugs are approved in a rush manner, it will lead to serious adverse drug reactions (ADR), or even deaths in consumption of unsafe, and ineffective drugs. On the other hand, slow approval will make patients suffer and increase the mortality rate to due inaccessibility of appropriate medicines to sustain life and combat diseases.
With reference to the initiatives and innovative regulatory frameworks in the abovementioned countries, the modification of the local drug regulatory system is strongly recommended.
Aim:
1. To examine the regulatory frameworks between Singapore, Taiwan, US and EU which affect the evaluation timeline required for new drugs approval.
2. As the first study to examine the drug regulations in HK, the regulatory barriers for new drugs submission will be explored and whether the regulatory initiatives from the abovementioned countries may result in an improvement in the overall drug regulation system HK.
Method: This dissertation is a literature review and it will employ concentration in the drug regulation systems in Singapore, Taiwan, US and EU with varying levels of pharmaceutical regulation capacities. Search engines including Google, MedLine, PubMed (database up to 2012) with key words search of “Department of Health (DoH), Food and Drug Administration (FDA), European Union (EU), Taiwan FDA, Health Sciences Authority, evaluation routes, drug registration requirement, review timeline, Centre for Drug Evaluation, Pharmaceutical Evaluation Reports, risk management systems, pharmacovigilance, drug legislation”.
Results: With an in-depth evaluation of the HK’s guideline and supporting document required for new drug submission, it is highly recommended that unnecessary documents at new drug submission (NDA) should be elimination to facilitate the new drugs approval process. The regulatory frameworks between all studied countries vary significantly in which implementation of initiatives (e.g. multiple evaluation routes, in-house evaluation system) from individual country affects the standards of new drugs approval and the evaluation timeline required to grant approvals.
Conclusion: The regulatory frameworks in HK shall be revised with reference to numerous initiatives developed in the regulatory systems in Singapore, Taiwan, Us and EU. The possible key regulatory barriers which leads to the delays in new drugs approvals in HK includes duplication of certificates, limited number of Pharmacy and Poison Board meetings, the requirement of endorsement of new drugs approvals at the legislative council , absence of in-house evaluation system which allows full assessment of submission dossier, deficiency of clinical trials with the inclusion of local population, absence of electronic submission, multiple evaluation routes and rigorous post-marketing pharmacovigilance monitoring system. If the Department of Health (DoH) in Hong Kong could scrutinize the current regulatory frameworks with referenced to these countries, it will improve the overall drug regulatory system and reduce drug lag due to unnecessary barriers.published_or_final_version
Public Health
Master
Master of Public Health
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Martus, Christopher E. "The distribution and objectives of local forestry-related ordinances in the United States." Thesis, This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-08042009-040400/.
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Goetsch, M. Shannon. "Analysis of the United States Trustee program." CSUSB ScholarWorks, 1991. https://scholarworks.lib.csusb.edu/etd-project/836.
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Bulkley, Celeste. "Evaluating Dynamic Explanations for Immigration Legislation." Honors in the Major Thesis, University of Central Florida, 2004. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/707.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucfBachelors
Arts and Sciences
Political Science
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Alarcon, Richard Alfred. "An assessment of the impact of the European single market act on the United States' telecommunications industry and market." Thesis, Georgia Institute of Technology, 1989. http://hdl.handle.net/1853/29786.
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Oya, Kazuo. "The relationship between competition law and telecommunications regulation : a comparative assessment." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80945.
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This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.
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Al, Saedan Ahmad A. K. "The law governing oil concession agreements and the permanent sovereignty of states over their natural resources : with special reference to Islamic Shari'ah law." Phd thesis, Faculty of Law, 1992. http://hdl.handle.net/2123/8638.
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Petroiu, Marius. "Forms of trade secret protection : a comparative analysis of the United States, Canada, the European Union and Romania." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99150.
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This thesis is as an attempt to overview the forms of trade secret protection presently in place in the United States, Canada, the European Union and Romania. These jurisdictions were selected because they present a diversity of legal background and a variety of forms of trade secret protection.The introductory chapter deals with the historical and economic backgrounds of the trade secret protection. An overview of trade secret protection at international scale is also provided. The thesis compares the forms of trade secret protection available in each jurisdiction. Based on the survey, the thesis comes to an answer of the question of "What is the most appropriate form of trade secrets protection?".
The final chapter provides a number of conclusions and recommendations.
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Durril, Roseanne E. "Crisis communications : an examination of spokespersons use of response strategies during the Adam's Mark Hotel racial discrimination lawsuit." Virtual Press, 2001. http://liblink.bsu.edu/uhtbin/catkey/1222833.
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There have been a number of studies that examine how public relations practitioners respond during a crisis. Many researchers have examined the various response strategies and the success or failure of theses methods. Because a crisis can have legal ramifications, it is important that a good working relationship between the legal staff and public relations staff exists. To better understand the relationship between the two groups and the response strategies generated during a crisis, more research in this issue is needed. This study focused on response strategies used during a racial discrimination lawsuit. The objectives of the study were to determine which strategies were used most often, and how the influence of legal staff and public relations staff determined the responses.A content analysis of newspapers found in a NexisLexis search, during the crisis period, was used to gather responses made by spokespersons. The search yielded twenty-seven usable newspaper articles and sixty-two responses from company spokespersons.Coders were trained to identify the response strategies that were defined as traditional public relations strategy, traditional legal strategy, mixed strategy and diversionary strategy. A chi-square test was used to test the hypothesis. The findings supported a balance between the use of traditional public relations strategy and traditional legal strategy.Further analysis identified a significant increase in the use of traditional public relations strategy when a public relations firm was retained to remedy the crisis situation. The study also supported a collaborative working relationship between public relations and legal counsel.Department of Journalism
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Whittaker, Carol Louise, and Carol Louise Whittaker. "Design guidelines and the law: History and analysis of design guidelines in zoning ordinances." Thesis, The University of Arizona, 1989. http://hdl.handle.net/10150/291666.
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The American public has shown growing concern for the protection of aesthetic values on private and public lands. For private lands, the protection of aesthetic qualities must be coupled with use rights inherent in property ownership under American law. One of the earliest models to protect such values on private lands was the use of "police power" to regulate the appearance of new development in selected districts. This has most frequently been accomplished by including design guidelines in zoning ordinances. This study examines history, relevant law and literature, and the content of design guidelines in zoning ordinances. The content analysis was designed to investigate both design elements and trends over time existed. The findings from the content analysis suggest that the use of design guidelines are increasing for contemporary areas and communities as well as historic districts. Also, that the design guidelines are becoming increasingly specific in the design elements included.
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Yelverton, Brittany. "The representation of women's reproductive rights in the American feminist blogosphere: an analysis of the debate around women's reproductive rights and abortion legislation in response to the reformation of the United States health care system in 2009/10." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002949.
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This study investigates the representation of women's reproductive rights in the feminist blogopshere during 2009/10 United States health care reform. Focusing on two purposively selected feminist blogsites - Feministing and Jezebel- it critically examines the discursive and rhetorical strategies employed by feminist bloggers to contest the erosion of women's reproductive rights as proposed in health care reform legislation. While the reformation of the U.S. health care system was a lengthy process, my analysis is confined to feminist blog posts published in November 2009, December 2009 and March 2010. These three months have been designated as they are roughly representative of three pivotal stages in health care reform: the drafting of the House of Representatives health care reform bill and Stupak Amendment in November 2009, the creation of the Senate health care bill inclusive of the Nelson compromise in December 2009, and the passage of the finalised health care reform bill, the Patient Protection and Affordable Care Act and supplementary executive order, in March 2010. This study is informed by feminist poststructuralist theory and Foucault's conceptions of discourse and power - an appropriate framework for identifying and analysing the unequal power relations that exist between men and women in patriarchal societies. Foucault conceives of discourse as both socially constituted and constitutive and contends that through the constitution of knowledge, discourses designate acceptable ways of talking, writing, and behaving, while simultaneously restricting and prohibiting alternatives, thereby granting power and authority to specific discourses. However, Foucault also stresses the multi-directionality of power and asserts that though hegemonic discourses are privileged over others, power lays in discursive practice at all social sites; hence the socially and politically transformative power of contesting discourses. Critical discourse analysis is informed by this critical theory of language and regards the use of language as a form of social practice located within its specific historical context. Therefore, it is through engaging in the struggle over meaning and producing different 'truths' through the reappropriation of language that the possibility of social change exists. Employing narrative, linguistic and rhetorical analysis, this study identifies the discursive strategies and tactics utilised by feminist bloggers to combat and contest anti-choice health care legislation. The study further seeks to determine how arguments supportive of women's reproductive rights are framed and how feminist discourses are privileged while patriarchal discourse is contested. Drawing on public sphere theory, I argue that the feminist blogosphere constitutes a counter-public which facili tates the articulation and circulation of marginalised and counter-discourses. I conclude this study by examining the feminist blogopshere's role in promoting political change and transformation through alternative representations of women and their reproductive rights.
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Hsu, Selene M. "Evaluating U.S. and E.U. Competition and Supremacy Legislation." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/583.
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How did EU and US legislation go from initially appearing to be the same, if not mirroring each other, to differing significantly in their execution of competition legislation goals? Why did the US take a more authoritative tone in enforcing interstate competition legislation? And if the EU is so inclined to mimic US policies 50 years ago, why didn’t their competition enforcement take the same form today? I hypothesize that the US and EU’s legislative history with regulating governmental supremacy is part of the clue to answering for these differences.
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Ricci, Kimberley Ann. "The implications of planning techniques for protecting solar access : a survey of state and local legislation." Virtual Press, 1988. http://liblink.bsu.edu/uhtbin/catkey/546120.
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The purpose of this paper was to compile a nationwide survey by state, on legislation designed to protect access to solar energy. Brief summaries of the information received are included. Land use planning techniques and tools such as zoning and subdivision regulations, as well as special solar zones and planned unit developments have been discussed as they relate to protection of solar access and solar energy use. This paper has distinguished between two types of solar energy systems, active and passive, and associated problems with each.Primary concerns for the users of solar energy systems have been the availability of solar energy and its access to the collector's surface. Solar energy is environmentally safe, however, access to solar energy can be a limiting factor to its use. Solar access protection methods vary with location. The differences in needs between rural and urban areas have been discussed.Increasing solar technologies indicate the need for communities to regulate solar access through innovative legislation. This paper with brief introductions to solar energy access protection techniques, and the state-by-state survey was prepared so as to provide the reader with a basic understanding of solar access protection and act as a guide to access protection methods.Department of Urban Planning
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Kigerl, Alex Conrad. "An Empirical Assessment of the CAN SPAM Act." PDXScholar, 2010. https://pdxscholar.library.pdx.edu/open_access_etds/704.
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In January 2004, the United States Congress passed and put into effect the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN SPAM). The Act was set forth to regulate bulk commercial email (spam) and set the limits for what was acceptable. Various sources have since investigated and speculated on the efficacy of the CAN SPAM Act, few of which report a desirable outcome for users of electronic mail. Despite the apparent consensus of anti-spam firms and the community of email users that the Act was less than effective, there is little to no research on the efficacy of the Act that utilizes any significant statistical rigor or accepted scientific practices. The present study seeks to determine what, if any, impact the CAN SPAM act had on spam messages, to identify areas of improvement to help fight spam that is both fraudulent and dangerous. The data consisted of 2,071,965 spam emails sent between February 1, 1998 and December 31, 2008. The data were aggregated by month and an interrupted time series design was chosen to assess the impact the CAN SPAM Act had on spam. Analyses revealed that the CAN SPAM Act had no observable impact on the amount of spam sent and received; no impact on two of three CAN SPAM laws complied with among spam emails, the remaining law of which there was a significant decrease in compliance after the Act; and no impact on the number of spam emails sent from within the United States. Implications of these findings and suggestions for policy are discussed.
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Poff, J. Kent. "An economic analysis of uniform capitalization of inventory costs under §263A of the Internal Revenue Code of 1986." Diss., Virginia Tech, 1991. http://hdl.handle.net/10919/37754.
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Stroope, John C. (John Clarence). "Income Tax Evasion and the Effectiveness of Tax Compliance Legislation, 1979-1982." Thesis, University of North Texas, 1988. https://digital.library.unt.edu/ark:/67531/metadc330580/.
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The federal income tax system in the United States depends upon a high degree of voluntary compliance. The IRS estimates that the voluntary compliance level is declining and that this tax compliance gap cost the government an estimated $90.5 billion in 1981. Between 1979 and 1982, Congress made several changes in the tax laws designed to improve tax compliance. Extensive data was collected by the IRS for 1979 and 1982 through the random sample audits of approximately 50,000 taxpayers on the Taxpayer Compliance Measurement Program (TCMP), which is conducted every three years. During the period 1979 through 1982, Congress lowered the marginal tax rates, added some fairly severe penalties, for both taxpayers and paid return preparers, and increased information reporting requirements for certain types of income.
In this research, it was hypothesized that voluntary compliance should increase in response to lower marginal rates, a higher risk of detection due to additional reporting requirements, and increased penalties. Multiple regression analysis was employed to test these hypotheses, using 1979 and 1982 TCMP data. Because of the requirements for taxpayer confidentiality, it was necessary for the IRS to run the data and provide the aggregate data results for the research.
The results provided insight into the effectiveness of tax compliance legislation. While the overall voluntary compliance level (VCL) increased from 1979 to 1982 by 1.53 per cent, the VCL increase for taxpayers in high marginal rates was much smaller (.42 percent) than the overall increase. This is very inconsistent with the notion that high marginal rates are driving noncompliance, and suggests that marginal rates may not be strong determinants of compliance. Probably other factors, such as opportunity for evasion, may be more important. There was little change from 1979 to 1982 of the compliance of returns done by paid return preparers. Because of the timing of many TEFRA provisions (effective in 1983), further research for years after 1982 is needed.
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Garcia, Natanya. "Anti-circumvention technology legislation in Canada : drafting a new law in the wake of the DMCA." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19625.
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In becoming a signatory to the World Intellectual Property Organization (WIPO) Treaties, Canada has undertaken the obligation to provide protection against the circumvention of technological measures designed to protect copyright works. While on its face the obligation appears simple, in reality it brings about an intersection of policy, law and technology; a complex situation with far reaching repercussions. The U.S., a co-signatory to the WIPO Treaties, responded to this tension by enacting the Digital Milennium Copyright Act (DMCA), which heavily regulated circumvention technology and garnered wide-spread criticism. Critics labeled the law as unpredictable and overbroad legislation, which has chilled free speech, violated fair use, stifled research and study and encouraged monopolies by eliminating competition. Drawing largely on the U.S. experience, this thesis aims to suggest a possible route for Canada to take when fulfilling its own obligations under the WIPO. It will begin with a review of the relevant provisions of the Treaties to determine the extent of Canada's obligation. It will then examine Canada's proposal papers and the responses of its citizens to the questioned posed regarding future anti-circumvention legislation. It will also examine the DMCA in detail and attempt to distil its flaws. Finally, it will investigate the extent of the need for new anti-circumvention legislation in Canada by examining Canada's existing laws dealing with the protection of technology measures. Such process will provide evidence that Canada has, to a large extent, complied with its obligations under the WIPO while maintaining the delicate balance between the stakeholders of copyright law. Thus while new anti-circumvention legislation may still be in order, Canada has the latitude to craft a law that fully recognizes the rights of all stakeholders in the copyright equation and is consistent with its own copyright policies.
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Bushong, Michael J. "Mandated public school curriculum as legislated in each of the fifty states as of July 1, 1988." Virtual Press, 1989. http://liblink.bsu.edu/uhtbin/catkey/720308.
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The primary purpose of the study was to determine the public school curricula, kindergarten through grade twelve, as mandated by the legislature in each of fifty states as of July 1, 1988. A secondary purpose of the study was to determine trends that may be evident through a comparison of the findings of the study with the findings of two earlier studies, the Marconnit study (1966/67) and the Berry study (1977/78). Like the two earlier studies, statutes pertaining to mandated curriculum for each of the fifty states were utilized as the source of the findings.To accomplish the stated purposes, nine questions were posed to serve as the basis of research for the study. The nine questions addressed the following topics: (1) subjects of required instruction, (2) grade levels of instruction, (3) time allotted to instruction, (4) performance objectives associated with a subject, (5) presentation of detailed subject content, (6) geographic, population, or state admittance patterns associated with the subjects, (7) subject related requirements which are unique to individual states, (8) states which have granted complete control of the curriculum to another state entity, and (9) trends which were evident from a comparison of the study findings with the findings of Marconnit (1966/67) and Berry (1977/78).Three hundred ninety-seven subjects were identified in the study. Marconnit (1966/67) identified ninety-nine subjects and Berry (1977/78) identified one hundred ninety-nine subjects. An increase in the number of states specifying grade levels, time allotments, performance objectives, and subject content was also noted. Unlike the two earlier studies, four subjects, government, health, safety education, and fire prevention, were observed to be associated with particular geographic regions. Two hundred thirty-seven subjects were identified as being unique to individual states. Only one state, Montana, was identified as having granted control of the curriculum to another state entity. In comparing the findings of the three studies, the number of subjects contained within six of seven subject categories increased. The six subject categories were: government; economics and geography; basic skills and language; mathematics and science; health, physical education, and safety; and miscellaneous subjects. Only the subject category related to the arts remained relatively constant.Department of Educational Administration and Supervision
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SCHONEMAN, TRUDY ANNE. "RELATED SERVICE PROVISIONS OF PUBLIC LAW 94-142: ISSUES AND RULINGS (PL94-142)." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/188098.
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The difficulties in interpreting and implementing the related services required under the Education for All Handicapped Children Act of 1975 have generated many state and federal court cases, state and local administrative hearings, and federal policy letters. However, these court cases, hearings, and policy letters have resulted in some contradictory rulings pertaining to the provision of related services. The purpose of this study was to (1) examine the issues associated with the provision of related services, (2) determine how they have been resolved in these administrative and judicial procedures, and (3) more clearly delineate what related services must be provided by school districts. This study utilized a descriptive research design. Using a documentary analysis method, state and federal court cases, state administrative hearings, and federal policy letters were analyzed. The analysis was divided into two major sections: issue analysis and issue resolution. The issue analysis section included the background of both the subject and the issues, as well as the specific interpreting body. The issue resolution section included the rulings and the rationale for each division. Data from each court case, administrative hearing, and policy letter were recorded on an individual analysis form. Data from each individual analysis form were then recorded on a corresponding matrix specifically designed to display information in relation to each research question. As a result of this study, it was determined that two issues generated policy interpretations or rulings by the courts, state administrative hearings, and/or policy letters. The first issue pertained to the definition of related services and whether or not a specific service was a related service within the federal definitions. The second issue revolved around the determination of a student's need for a service or eligibility for a service. An analysis of the rulings indicated that school districts were required to provide the contested related service in 67% of the cases in this study. It was also determined that the interpreting bodies broadened the definition of related services by ruling school districts to provide services that were not named or defined in the federal regulations of Public Law 94.142.
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Hein, Gregory Allan. "Regulating a miracle substance : the politics of asbestos in Canada and the United States." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/29930.
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While asbestos has been called a 'miracle substance' because of its unique properties, asbestos has also caused cancer in those exposed to its indestructible fibres. This mix of benefits and costs has made the regulation of asbestos particularly difficult for policymakers; in both countries, regulation has been characterized by exceptional measures.
In Canada, regulating asbestos has led to innumerable government studies, including the Ontario Royal Commission on Matters of Health and Safety Arising from the Use of Asbestos (1984). The Commission's Report was unique in its extensive scope and detail. Its three volume report included a detailed treatment of asbestos-related diseases, quantitative risk estimates, and assessments of current regulations. The regulatory history of asbestos in the US was also somewhat exceptional. It involved a protracted battle between the Environmental Protection Agency and the Office of Management and Budget. Out of this battle came a House Subcommittee investigation into OMB interference in EPA rulemaking (1985).
The comprehensiveness of the Royal Commission's Report is highly significant given that detailed scientific explanations of policy, and the criteria used to balance costs and benefits are usually not explicitly revealed by Canadian regulators. In this sense, the somewhat anomalous nature of the Commission's Report offers an especially detailed view of regulating hazardous substances in Canada. Like the Royal Commission Report, the House investigation provides an extraordinarily detailed look at the politics of regulating a hazardous substance.
Out of these involved deliberations, though, emerge very different policies on asbestos. While the US has implemented a three-stage ban, Canadian regulators view asbestos primarily as an occupational problem. The workplace standards of the US, Ontario and Quebec differ, with the US being more stringent.
The contributions of this paper stem from its balanced consideration of scientific and political determinants and its comparative nature. This balanced consideration illustrates the double impact of science. While science can set the boundaries of a policy debate, uncertain areas of scientific evidence are usually politicized by competing interests. Thus, the less science is certain, the more politics matters.
Within the boundaries set by science, various political forces have an impact on the policy process. Policies are shown to emerge from very different interrelationships between state structures and societal actors, influenced by varying degrees of economic dependence on asbestos. Group theory alone fails to explain the divergent policy outcomes; so do neo-Marxist and institutionalist approaches. Thus, this study demonstrates the superiority of integrative approaches, as opposed to those which emphasize one causal variable at the expense of others.Arts, Faculty of
Political Science, Department of
Graduate
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Davis, Jack D. "Medicine, muckraking, and the Pure Food and Drug Act of 1906 /." View online, 1988. http://repository.eiu.edu/theses/docs/32211998880620.pdf.
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Lowery, Christina. "Protection or Equality? : A Feminist Analysis of Protective Labor Legislation in UAW v. Johnson Controls, Inc." Thesis, University of North Texas, 1998. https://digital.library.unt.edu/ark:/67531/metadc279082/.
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This study provides a feminist analysis of protective labor legislation in the Supreme Court case of UAW v. Johnson Controls, Inc. History of protection rhetoric and precedented cases leading up to UAW are provided. Using a feminist analysis, this study argues that the victory for women's labor rights in UAW is short lived, and the cycle of protection rhetoric continues with new pro-business agendas replacing traditional justifications for "protecting" women in the work place. The implications of this and other findings are discussed.
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Chouinard, Vicky. "The legal framework related to the privatization and commercialization of remote sensing satellites in the United States and in Canada /." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99130.
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This Thesis deals with the national legal aspects of a particular space application: remote sensing by satellites, also referred to as earth observation systems.Governments have been the leading providers and users of satellite imagery data since the advent of earth observation satellites (i.e. almost 40 years ago). However, this has changed, particularly in the United States, with several private companies having acquired and launched their own imaging satellite systems. This new trend towards commercialization and privatization of the remote sensing industry, which appeared firstly in the United States and which is now being extended to Canada, required a change in policy. The role played by the government policies and regulations in shaping the prospects for the emerging commercial remote sensing satellite firms is of critical importance. In this context, these policies and regulations will determine the conditions that will enable commercial firms to realize their competitive potential in both the domestic and international marketplace.
In this Thesis, a brief overview of the technical and historical legal backgrounds of remote sensing is provided. Then, the international legal framework of remote sensing is briefly analyzed. Finally, a thorough analysis of the policies, laws and regulations applicable within the United States and Canada is presented.
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Daitch, Vicki. "Natural science and the American government: fur seal management from gilded age to progressive era." Thesis, Virginia Tech, 1991. http://hdl.handle.net/10919/44215.
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Krantz, Katherine. "An examination of the change in costs from U.S. airline deregulation." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23851.
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The airline industry has been the subject of numerous studies both before and after deregulation. None of these, however have explicitly modelled the cost savings due to deregulation. This thesis develops a number of testable hypotheses about technological and managerial choice as they pertain to regulatory reform. The results of the tests show that the production technology the airlines developed post-deregulation is not unambiguously more efficient than the pre-deregulatoin technology. The unregulated output and network structure, however, appear to be more efficient than those utilized during regulation. A model is developed to decompose the change in cost due to deregulation. It is found that approximately 5% of the reduction in cost is the result of the new technology while 95% of the savings stems from the new output and network structures.
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Rothaermel, Thomas. "Possibilities of securing and exercising family influence in U.S. companies a comparative analysis." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81229.
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This work focuses on the special problems in the context of drafting the corporate charter and bylaws for American corporations the stocks of which are mainly owned by the members of one family. Although the ownership structure would also allow a partnership organization, there can be good reasons for choosing the corporate structure. Nevertheless, the family owners will want to preserve a partnership-like structure and a maximum amount of ownership influence. However, the three-tiered structure of the corporation (board of directors, officers, and shareholders) and their individual functions are fixed by a "statutory model" that the courts tend to adhere to and that has often been written into positive corporate statutes.Hence, for each organizational level, this work tries to fathom the permissible deviations from the statutory model in order to maintain and exercise family influence.
Furthermore, the special legal forms provided by the legislators (especially "close corporation status") will be considered.
Because American corporate law is within the province of the state legislators, the work takes a comparative approach. Guided by the criteria of practical applicability and comparative interest, the Model Business Corporation Act as well as the state laws of Delaware, New York, California, and Nevada were selected.
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Letendre, Martin. "Research with stored tissue samples of deceased persons : a North American perspective." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80938.
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In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America.The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques.
The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation.
The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples.
The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.
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Olson, William H. (William Halver). "An Empirical Investigation of the Factors Considered by the Tax Court in Determining Principal Purpose Under Internal Revenue Code Section 269." Thesis, North Texas State University, 1987. https://digital.library.unt.edu/ark:/67531/metadc332329/.
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The purpose of this study was an empirical investigation of the factors considered by the United States Tax Court in determining whether the principal purpose for an acquisition was tax avoidance (or alternatively, given the totality of the surrounding circumstances, whether there was an overriding business purpose for the acquisition).
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Benitez, Christina Marie. "A Study of the Influence of Parent Advocacy, Media Coverage, and Social Events on State Legislation on Bully-Suicide Prevention." Doctoral diss., University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/5124.
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The focus of this study was to ascertain what, if any, were the commonalities and differences between and among bully-suicide victims between the ages of nine and eighteen. The focus of this study additionally was to determine to what extent, if any, was there a relationship between parent advocacy, media coverage, and/or a social event related to bully-suicide and the implementation or amending of state anti-bullying legislation. Bully-suicide victims (N = 92) from throughout the United States whose information was available through Internet search engines were included in this study. Further, state legislators (N = 50) who sponsored their states most recent anti-bullying legislation also were included. State legislators who provided direct responses to the request to participate answered four interview questions regarding their sponsorship of anti-bullying legislation. Commonalities between bully-suicide victims were analyzed to determine if particular demographics had an equal likelihood of occurrence. Legislator responses to the interview questions were analyzed for themes using a phenomenological research method. Through an examination of the research results and related literature, the researcher determined that there was a statistically significant deviation from equal likelihood of groups for bully-suicide victims who were male, high school-aged, or targeted due to appearance or sexual orientation. Further, bully-suicide victims were most frequently subjected to verbal bullying. Evaluation of the data also unveiled that parent advocacy, media coverage and social events related to bully-suicide were related to state legislator sponsorship of anti-bullying legislation.ID: 031001276; System requirements: World Wide Web browser and PDF reader.; Mode of access: World Wide Web.; Adviser: .; Title from PDF title page (viewed February 25, 2013).; Thesis (Ed.D.)--University of Central Florida, 2012.; Includes bibliographical references (p. 197-207).
Ed.D.
Doctorate
Educational and Human Sciences
Education and Human Performance
Educational Leadership
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Oei, Hong Lim. "The recombinant DNA case: balancing scientific and political decision-making." Diss., Virginia Tech, 1994. http://hdl.handle.net/10919/40076.
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Moran, Susan Jane. "The influence of the 1968-1975 Congressional reforms on legislative policy-making : the development of the oil-pricing provision of the Energy Policy and Conservation Act (1975)." Thesis, University of Oxford, 1986. http://ora.ox.ac.uk/objects/uuid:3398b8d3-45ae-4706-b094-692a7ba0f827.
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Congressional reform is the focus of my study. Congress (but primarily the House of Representatives) attempted to reform its workings from 1968 through 1975, so it might be more effective in developing comprehensive policies on national issues, and more independent of the executive branch. Reform raised expectations that the legislature would reassert its policy-making role, which had diminished during the preceding thirty years. My study examines the influence of these changes on the congressional decision-making process, including their impact on the important role played by external actors, interest groups and especially the President, who reacted to these changes. The study examines the process through an analysis of the development and passage of the most controversial provision, dealing with oil-price controls (Title IV), of Congress' major energy bill of 1975, the Energy Policy and Conservation Act (H.R. 7014). On 15 December 1975, Congress passed the Energy Policy and Conservation Act (EPCA) which President Gerald R. Ford signed into law on 22 December. The EPCA (Public Law 94-163) extended oil-price controls until 1979. The oilpricing provision had significant national and international economic and political implications. Merely to trace the tortuous chronicle of oil-pricing policy would be informative. But this study will go further by using this account to analyze congressional decision-making in the period immediately following Congress' attempts at reform. My study shows that although reforms eroded old norms and power centres, significantly altering some aspects of congressional decision-making (again primarily in the House), they did not create institutional mechanisms or distribute internal powers in such a way that Congress could independently initiate and develop comprehensive national policies. Congress remained more dependent on the President than many of its members understood. The final substance of the oil-pricing policy reflected the characteristic congressional decision-making process, which had become even more dispersed as it was democratized by reform. The committee system, without a strong executive or party control, divides issues in a way that limits decision-makers' options.
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Rach, Margaret M. (Margaret Mannion). "The Impact of EEO Legislation Upon Selection Procedures for Transfer, Training and Development and Promotion." Thesis, North Texas State University, 1985. https://digital.library.unt.edu/ark:/67531/metadc331995/.
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Legislation, court decisions, and the changing political and social climate provide evidence of the importance of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion. These selection procedures are being challenged by more informed employees and, in many cases, result in costly litigation. Thus, organizations must be aware of the continuing developments in employment law especially as found in court decisions and related legislation. This study investigates judicial and EEOC decisions in discrimination cases to provide answers to these questions: Are organizations aware of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion? Are organizations aware of what constitutes a discriminatory practice in the selection of employees for transfer, training and development, and promotion? Does management recognize and follow nondiscriminatory procedures in selecting personnel for transfer, training and development, and promotion? The purposes of the study are 1. To analyze outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion; 2. To develop a model set of guidelines to aid organizations in developing nondiscriminatory procedures for use in selecting employees for transfer, training and development, and promotion. This study concludes that many employers are aware of the outcomes of EEO litigation involving challenged selection procedures for transfer, training and development, and promotion. Many employers are also aware of what constitutes a discriminatory practice in the selection of employees for some employment advantage. However, management does not always recognize and follow nondiscriminatory procedures when selecting employees for transfer, training and development, and promotion. The number of cases in which selection procedures were found discriminatory supports this conclusion.
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Salazar, Furiati Maria E. "Legal implications of telecom convergence in the U.S." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31172.
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Convergence has blurred the artificial limits that traditionally existed between separated sectors and services. In particular, technological convergence united cable and telephone networks as convenient platforms for the provision of numerous new telecommunications services. The advent of the Internet and the development of other services started a race for the acquisition of broadband transmission that has, in part, prompted a number of corporate mergers between the major telephone, cable, and Internet service providers.This thesis analyzes the legal implications of the convergence of cable operators and telephone carriers in the United States of America (U.S.). The analysis was conducted in light of the 1996 Telecommunications Act's provisions, the Federal Communications Commission's reports and orders, and under the critical approaches of the cable and telephone industries. This thesis presents recommendations addressed to promote an equal regulatory treatment for all telecommunications competitors in the U.S.
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KIM, PILKYU. "EMPLOYMENT OF ALIENS IN THE UNITED STATES: A QUESTION OF DISCRIMINATION AS EVALUATED UNDER STANDARDS OF INTERNATIONAL LAW." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/184198.
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This study is designed to investigate discrimination in employment against resident aliens in the United States as evaluated by both U.S. practices and standards of international law and to determine whether the American treatment of aliens in employment is compatible with the international standard. In order to examine the common assertion that American practices in the treatment of aliens in employment is superior to the international minimum standard, two sets of hypotheses are tested: one on the existence of the minimum international standard, which protects aliens' rights, and the other on the American practice of requiring citizenship for employment, which deprives aliens of equal protection and thereby places the legal position of aliens below the minimum international standard. Three major sources of data for this study involve data from: (1) international arbitrations, conventions and agreements; (2) United States executive, legislative, and judicial decisions and actions; and (3) Immigration and Naturalization Service materials. The major findings indicate that the contemporary minimum international standard includes post-1945 Human Rights instruments together with the traditional minimum international standards. The most significant finding is that the contemporary minimum standard affords aliens the right to work without discrimination and confirms the relevant hypothesis in connection with the minimum standard. The study reveals that aliens in the United States are discriminated against in employment because of alienage at three different levels--federal, state, and private--with more intensity of discrimination at the federal level, despite the equal protection clause in the U.S. Constitution. The study concludes that American employment practice in the period of 1886-1971 was comparable with the international standard. On the other hand, during the 1971-1980 era, U.S. standards were below the minimum international standard as set forth by international law. This confirms the hypothesis, with some modification, that the U.S. practice of demanding citizenship for some employment has undercut the legal position of aliens so that it falls below the minimum international standard.
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Stivers, Andrew Edward. "Essays on strategies of product labeling." Access restricted to users with UT Austin EID Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3035984.
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Broadhurst, Monica DeAnn. "The Integral Role of Training in the Implementation of Hate Crime Legislation." Thesis, University of North Texas, 2001. https://digital.library.unt.edu/ark:/67531/metadc2818/.
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This research focuses on the association between law enforcement training and implementation of hate crime legislation. The Anti-Defamation League's state hate crime statutory provisions and the Federal Bureau of Investigation's Hate Crime Reporting by States data are examined. Section one includes the following: What Constitutes Hate?, The History of Hate Crime Legislation, and Issues Facing Hate Crime Legislation. Section two surveys literature on both Hate Crime Legislation and the training of law enforcement officers. Section three discusses the Anti-Defamation League and FBI data in detail and explains the methods used to test the association between law enforcement training and reporting of hate crime legislation. Findings yield a statistically significant association between law enforcement training and reporting of hate crime legislation.
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Meyer, Aric. "FISA and warrantless wire-tapping: Does FISA conform to Fourth Amendment standards?" Thesis, University of North Texas, 2009. https://digital.library.unt.edu/ark:/67531/metadc9838/.
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Electronic surveillance for foreign intelligence purposes was largely unregulated prior to 1978. The Foreign Intelligence Surveillance Act of 1978 (hereinafter "FISA") was enacted to implement a judicial authorization process for foreign intelligence electronic surveillance that would effectively balance competing needs for national security and civil liberty under the Fourth Amendment. This study examines the evolution of FISA and its effectiveness under the Fourth Amendment, as assessed by federal reviewing courts and scholars since the statute's enactment. The study concludes that the FISA electronic surveillance authorization process has been effective in providing a constitutional mechanism to obtain foreign intelligence information.
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McDaniel, Rick R. "A Legal Analysis of Litigation Against Georgia Educators and School Districts Under the Georgia Governmental Tort Claims Act." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc700100/.
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This dissertation examines the impact of the 1992 Georgia Tort Claims Act on educators in court decisions involving liability cases against Georgia school districts and/ or their respective employees. By examining pertinent court cases in which Georgia educators were, for the first time, subjected to potential litigation, the researcher outlines circumstances in which educators can and should be held liable for their actions. Additionally, the researcher analyzes the Tort Claims Acts of Texas, Oklahoma, and Mississippi as well. This analysis allows the researcher to contrast the types of litigious actions that educators in each of these states are held liable. Findings include the types of actions in which educators in each of the respective states are subject to liability. Case study analysis of randomly selected court cases involving tort liability, provides the infrastructure for in-depth research allowing the following questions to be addressed: (1) How have Georgia courts interpreted the Georgia Tort Claims Act in litigation against school personnel and school districts? (2) How do tort liability rulings, involving school personnel or districts, in other states within the United States compare with similar cases filed in Georgia since 1992? The Georgia Tort Claim Act of 1992 propelled an array of circumstances in which educational entities would be held liable for their actions. This research clearly explains the types of actions in which educators in the state of Georgia are subject to suit and to what degree they are subsequently held liable. Case study research also uncovered specific areas in which Georgia educators can be held liable. Specific research involving actions deemed either ministerial or discretionary are detailed specifically through case analysis. Additionally, the degree to which liability insurance provides protection for educational entities or their respective employees is also addressed in this research in order that state-by-state comparisons can be understood.
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Carlsson, Lina. "Climate change and sustainable energy in Canada and the United States : positions, policy and progress." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80912.
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Canada and the United States are two of the most energy-intensive countries in the world and have an immense impact upon their surrounding environment. Both countries have committed to contributing to the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, in accordance with the United Nations climate change regime. Their climate change-related energy policies do not, as yet, show any sign of achieving that objective, especially in light of the fact that greenhouse gas emissions are on the rise. This thesis consequently argues that not enough is being done by Canada-US to fulfill their commitments under the climate change-regime and tests that hypothesis.
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Rogers, Tommy Kevin. "Parental Rights: Curriculum Opt-outs in Public Schools." Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc30507/.
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The purposes of this dissertation were to determine the constitutional rights of parents to shield their children from exposure to parts of the public school curriculum that the parents find objectionable on religious, moral, or other grounds and to determine the statutory rights of parents to remove, or opt-out, their children from objectionable parts or all of the public school curriculum as set forth in the statutes of the 50 states and the District of Columbia. Many pivotal federal court cases dealing with parent rights and curricular issues, including Mozert v. Hawkins County Board of Education (1987), Vandiver v. Hardin County Board of Education (1987), Brown v. Hot, Sexy, & Safer Productions, Inc. (1995), Leebaert v. Harrington (2003), and Parker v. Hurley (2008) were surveyed using legal research methods. Specific types of curriculum opt-outs (e.g., sex education, comprehensive health programs, HIV/AIDS instruction) granted by each state were ascertained. States' statutes and regulations were categorized as non-existent, restrictive, or permissive based on the scope and breadth of each state's curriculum opt-out statute or regulation. A long list of federal court rulings have provided public schools the right to teach what school boards and administrators determine is appropriate. Parents did not have any constitutional right to opt their children out of public school curriculum. Many states' legislatures have granted parents a statutory right to opt their children out of certain parts of school curricula. In this study, 7 states had non-existent statutes or regulations, 18 states had restrictive statutes or regulations, and 26 states had permissive statutes or regulations.
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O'Neal, Barbara Jean. "Title VII : sex discrimination in higher education /." Diss., This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-10022007-144508/.
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Flanigan, Jackson L. "The West Virginia Pauley v. Bailey decision: an historical perspective." Diss., Virginia Polytechnic Institute and State University, 1986. http://hdl.handle.net/10919/50018.
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In 1979, the West Virginia Supreme Court remanded to the trial court the highly controversial Pauley v. Bailey decision. Subsequently, the trial court judge, Arthur Recht, following the specific instructions of the Supreme Court, ruled the public school finance system unconstitutional. Justice Recht ordered the West Virginia Legislature to develop a state system for funding the public schools that would comply with the constitutional mandate to provide a system of public schools that was "thorough and efficient" (West Virginia Constitution Art. 13 Section 1). Thus, West Virginia joined six other states that have ruled their state systems for financing public schools violative of their respective state constitutions. The purpose of this study was to identify the historical circumstances affecting the public school finance system which ultimately led to the Pauley decision. In addition, the study traced and chronicled the legislative and judicial attempts to implement Pauley through the end of the West Virginia Legislature in 1984.Ph. D.
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Dell, Jodi B. "Reasonable accommodation under the Americans with Disabilities Act of 1990." FIU Digital Commons, 1993. http://digitalcommons.fiu.edu/etd/2767.
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The Americans With Disabilities Act (ADA) of 1990 requires that employers provide "reasonable accommodations" for qualified individuals who have a disability, provided that doing so does not result in "undue hardship". There are several guidelines that employers have been given to evaluate the reasonableness of job accommodations. Unfortunately, these guidelines have been criticized as being vague and ambiguous.
Specific factors considered when determining whether or not to grant an accommodation under the ADA have yet to be examined in psychological research. The current study evaluated the impact of cost of accommodations, position level of the employee, and attitudes of raters for their effects on judgements of the reasonableness of requests and on subjects' likelihood of honoring requests. Results showed that accommodations were rated as more reasonable and were recommended to be honored more often for higher level positions than for lower level positions. Measures of attitudes toward disabled persons, both in general and in the workplace, did not have many significant correlations with the dependent measures. Implications of the findings and ideas for future research are discussed.
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Smith, Darlene A. (Darlene Adel). "An Analysis of the Factors Used by the Tax Court in Applying the Step Transaction Doctrine." Thesis, North Texas State University, 1987. https://digital.library.unt.edu/ark:/67531/metadc331199/.
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The step transaction doctrine is one of the judicial doctrines used by the courts to interpret tax law. The doctrine requires that a series of transactions be treated as a single transaction if the transactions share a single, integrated purpose. Many authors believe there is a great deal of uncertainty as to when the doctrine will be applied.
Uncertainty and inconsistency in the application of tax law add to the complexity of the law. One of the most complex areas of tax law is Subchapter C of the Internal Revenue Code, which governs corporate formations, redemptions, liquidations, distributions, and reorganizations. The purpose of this study was to determine if the step transaction doctrine is being consistently applied by the Tax Court and what variables affect the judges' decision in these cases.
Hierarchical logit analysis was used to derive a full model and two restricted models. The full model was used to determine the predictive power of the variables that were identified and to explain the extent to which the individual variables affect the judges' decisions. One restricted model was used to test temporal stability. The other was used to test consistency when different issues of tax law are involved. The data source was the sample of step transaction cases involving Subchapter C issues decided by the Tax Court and its predecessor, the Board of Tax Appeals. Eight variables were identified to evaluate the factors discussed in the literature and major court cases involving the doctrine.
Four of the variables were found to be statistically significant. The full model correctly predicted the outcome of 79.5 percent of the cases. The restricted model to test temporal stability correctly predicted the outcome of 86.3 percent of the cases. The restricted model to test the consistency of the decisions relating to a specific topic correctly predicted the outcome of 85.7 percent of the cases.
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Schloemer, Paul G. "Internal Revenue Code Section 263A: an assessment of its impact and proposals for simplification." Diss., Virginia Tech, 1991. http://hdl.handle.net/10919/37240.
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