Dissertations / Theses on the topic 'Securities – united states – cases'
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1
Lindenfield, Susannah. "Insider trading in the United States, Canada and the United Kingdom." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31169.
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This thesis is a critical analysis of the law relating to insider trading in three common law countries. Chapter One, addresses the merits and demerits of the regulation of insider trading and presents a review of the academic literature relating to this field. In Chapters Two, Three and Four, the law of insider trading in the United States, Canada and the United Kingdom is analysed and discussed on a comparative basis. Each of these chapters is in two sections. The first section describes the regulatory system and institutions, and the second section discusses the regulation of insider trading, highlighting the critical elements of this type of regulation, such as the definition of an 'insider' and the scope of 'inside information'. It concludes with a broad discussion of the differing approaches of these countries to insider trading.
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Ramphal, Nishal Ray. "The role of public and private litigation in the enforcement of securities laws in the United States." Santa Monica, Calif. : RAND, 2007. http://www.rand.org/pubs/rgs_dissertations/2007/RAND_RGSD224.pdf.
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Dietrich-Campbell, Bruce John. "Two topics in Finance: 1. Welfare aspects of an asymmetric information rational expectations model : 2. Bond option pricing, empirical evidence." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/25565.
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In part 1 of this study I examine several models of competitive markets in which a group of uninformed traders uses the equilibrium price of a traded asset as an indirect source of information known to a group of informed traders. Four different models are compared in two homogeneous information cases plus one asymmetric information case, revealing a) an allocative efficiency benefit resulting from the opportunity to trade current consumption for future consumption, b) a 'dealer' benefit accruing to traders who are able to observe and act on demand fluctuations not apparent to other traders, c) a 'hedging' benefit accruing to all traders, and d) a loss of hedging benefits due to information dissemination before hedge trading can take place. The effect of an increase in precision of information given to informed traders is calculated for the above factors and for net welfare.
In part 2, a two-factor model using the instantaneous rate of interest and the return on a consol bond to describe the term structure of interest rates - the Brennan-Schwartz model - is used to derive theoretical prices for American call and put options on U.S. government bonds and treasury bills. These model prices are then compared with market prices. The theoretical model used to value the debt options also provides hedge ratios which may be used to construct zero-investment portfolios which, in theory, are perfectly riskless. Several trading strategies based on these 'riskless' portfolios are examined.Business, Sauder School of
Graduate
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Hameed, Reeza. "Some comparative aspects of securities regulation in the United Kingdom and United States." Thesis, Queen Mary, University of London, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.261302.
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Harris, Christian. "Securities class actions : an Australian and United States comparative analysis." Thesis, Queen Mary, University of London, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.538656.
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Frost, Sarah H. "Institutionalized Discrimination: Three Cases in the United States Military." PDXScholar, 1995. https://pdxscholar.library.pdx.edu/open_access_etds/5021.
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This thesis explores institutionalized discrimination in the United States Military by examining the rationales given for policies that exclude, or limit the military service of racial minorities, women and homosexuals, and the rationales given for altering such policies. outgroups such as racial minorities, women and homosexuals are presumed to be a threat to the white male heterosexual majority within the military services. The presence of these outgroups in the military has been officially characterized as threatening to small-unit cohesion, and therefore threatening to military readiness. This thesis was first based upon the assumption that the rationales favoring discriminatory policies, and rationales favoring reform, would be expressed in the language of small-group theories of cohesion, that is, cohesion based upon the self-categorization of group members, or the interdependence of group members. However, in the data analysis process, two other rationales emerged: the ideological and the bureaucratic rationales. Data illustrating these four rationales were drawn from a content analysis of articles and other commentary published in the New York Times. Statements were crosstabulated by the stance (exclusionist or reformist) they supported and the rationale (self-categorical, interdependent, ideological or bureaucratic) they employed to justify the stance. This analysis was first done separately for each of the three groups, racial minorities, women and homosexuals, and then the data for each of the three outgroups were compared and contrasted. Findings indicate that despite the military's official characterization of outgroups as a threat to small-unit cohesion, relatively little of the debate was expressed in terms of small-group theories of cohesion-the self-categorization of, or interdependence of group members. The most frequently employed rationales were, in fact, ideological in character. Between the three groups, however, some differences in patterns of rationales and stances emerged. The findings are placed in their historical and political contexts to help explain the results of the analysis, and to illuminate the experience of racial minorities, women and homosexuals in the United States military.
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BRANDI, JAY THOMAS. "STATE SUBSTANTIVE SECURITIES REGULATION: AN EMPIRICAL INVESTIGATION OF EFFICIENCY AT THREE LEVELS OF STRINGENCY (INVESTMENT, RETURNS, RISK)." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/187973.
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Theoreticians and practitioners consider regulation of the capital marketplace to be an important area of concern due to the potential effects of such regulation on capital resource allocation, investment decision-making, and market efficiency. It is hypothesized that if the level of issue quality required by a state prior to public sale supplies investor benefits, such benefits should take the form of excess returns and/or less variation in return in relation to issues complying with lower standards of quality. The study utilizes an Analysis of Variance and, an analysis of average and cumulative average residuals. Both investigations provide findings that merit regulation is beneficial to new investors increased market efficiency.
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Staunton, Michael Douglas. "Pricing of airline assets and their valuation by securities markets." Thesis, London Business School (University of London), 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.294540.
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Tai, Shu-Fen. "A study and comparison of the IPO communications environments and communications strategies in the United States and Hong Kong." online access from Digital Dissertation Consortium, 2007. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?1443870.
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Bowman, Thomas R. Wright Evan P. "Possible effects of the Department of Defense acting as a buyer on the derivatives futures market." Monterey, Calif. : Naval Postgraduate School, 2009. http://edocs.nps.edu/npspubs/scholarly/MBAPR/2009/Jun/09Jun%5FBowman%5FMBA.pdf.
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"Submitted in partial fulfillment of the requirements for the degree of Master of Business Administration from the Naval Postgraduate School, June 2009."Advisor(s): Brook, Douglas ; Hensel, Nayantara ; Summers, Donald. "June 2009." "MBA professional report"--Cover. Description based on title screen as viewed on July 14, 2009. Author(s) subject terms: Oil, Price Elasticity of Demand, Hedging, Department of Defense, DoD, Fuel Purchases. Includes bibliographical references (p. 71-73). Also available in print.
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Parijs, Sergei. "Fairness opinions and liability : a legal and economic analysis of fairness opinions in the United States and the Netherlands /." Deventer : Kluwer, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/514850620.pdf.
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Dussold, Christopher Kevin. "The nature of IPO lockups : the effects of equity sales by insiders /." free to MU campus, to others for purchase, 2001. http://wwwlib.umi.com/cr/mo/fullcit?p3025616.
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Crow, Stephen M. (Stephen Martin). "Dominant Decision Cues in Labor Arbitration; Standards Used in Alcohol and Drug Cases." Thesis, University of North Texas, 1989. https://digital.library.unt.edu/ark:/67531/metadc331930/.
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During the past twenty years, extensive research has been conducted concerning the judgmental processes of labor arbitrators. Previous research, sometimes referred to as policy capturing, attempted to identify the criteria or standards used by arbitrators to support their decisions. Much of the research was qualitative. Due to the categorical nature of the dependent variables, log-linear models such as logit regression have been used to examine decisional relationships in more recent studies.
The decision cues used by arbitrators in 249 published alcohol- and drug-related arbitration cases were examined. The justifications for arbitrators' decisions were fitted into Carroll Daugherty's "seven tests" of just cause. The dominant cues were proof of misconduct, the appropriateness of the penalty, and the business necessity of management's action. Foreknowledge of the rule by the grievant and the consequences of a violation, equal treatment of the grievant, and an appropriate investigation by management were also important decision cues.
In general, grievants in alcohol and drug arbitration cases fared as well as grievants in any other disciplinary arbitrations. However, when the cases were analyzed based on the legal status of the drug, illicit drug users were at a considerable disadvantage.
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Philibert-Ortega, Gena Christine. "Battered women who kill: Perspectives of prosecutors who have tried "burning bed" cases." CSUSB ScholarWorks, 1993. https://scholarworks.lib.csusb.edu/etd-project/648.
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Lindeque, Johan Paul. "Prosecuting antidumping and countervailing duty cases in the United States of America." Thesis, University of Bath, 2008. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.512277.
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This thesis takes a corporate political strategy perspective of antidumping and countervailing duty cases to understand why some firms are more successful at the prosecution of these trade remedy measures. Trade remedy measures are long standing tools of US trade policy and their use has continued to grow globally amongst member countries of the World Trade Organisation. Between 1980 and 2007 a total of 1606 of these trade remedy cases were investigated by the Department of Commerce and International Trade Commission, an average of 41 antidumping and 17 countervailing duty cases a year, with a value of around US$ 63 billion or 0.3% of all US imports. Thirty-seven percent of the cases by number and 54% by value resulted in duties being imposed on the subject imports. This study uses archival material for five recent trade remedy investigations and forty-five semistructured interviews with business interests, trade attorneys and economic consultants that have experience of prosecuting these cases to understand why some firms may be more successful than others at achieving their preferred policy outcome. The imposition of duties is found to be only the simplest measure of success for US firms that file a case and does not capture the range of potential outcomes for foreign firms that face the duties. Successful prosecution of a trade case has been found to be firm specific, as the DOC determination of individual firm duty rates significantly affects what the outcome of case means for each firm in the US and foreign industries. The successful prosecution of US trade remedy cases is argued to be an informational corporate political strategy that is affected by statutory and administrative biases in the execution of the agency investigations, and creates the potential for indirect rent-seeking bias in the outcomes of cases. This informational corporate political strategy is based on three capabilities that firms need to develop, the capability to gather information, the capability to build and shape the administrative record at the agencies to reflect a firm’s policy preferences and the capability to align business practices with the US trade remedy institutions. These three capabilities are enabled by the bundling of corporate political expertise resources, organisational resources, financial resources and reputational resources. Some of these resources are internal to the firms, including staff, money and information, while other resources are external, such as the trade attorneys and economic consultants.
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Waterman, Donna Ruth. "Curbside collection of recyclable materials: fifteen cases studies in the United States." Thesis, Virginia Tech, 1988. http://hdl.handle.net/10919/44096.
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Fifteen curbside recycling programs in the United States, from communities representing
a variety of economic, geographic and political situations, were reviewed in this study.
Case studies were analyzed and discussed with respect to four areas of interest to program
planners: administration, operations, promotion and evaluation. No objective
rating of the programs was attempted, but approaches were reviewed with respect to
their ability to satisfy the goals of the programs. Comparisons of participation rates,
waste diversion rates, and costs were used cautiously because of the inconsistencies in
how the data were developed from program to program.
Administrative approaches found in the case studies included: (a) complete ownership
of the collection and processing system by municipalities; (b) contracted service by private
waste management firms; (c) contracted or subsidized service by non-profit organizations;
and (d) combinations of municipal, private, and non-profit services.
Operational systems were examined with respect to the effectiveness of the service in
stimulating participation, given the practical, political, and budgetary constraints. Variables
of operation are closely related and include: (a) which materials are collected; (b)
the degree of materials separation required; (c) the type of collection vehicle(s) used; (d)
collection frequency and coincidence with garbage collection; (e) the provision of in home
containers; and (t) the extent of post-collection materials processing.
Four categories of promotional techniques used in curbside recycling programs were
discussed: (a) publicity and education; (b) personal contact; (c) economic incentives; and
(d) ordinances mandating source-separation. The impacts of these techniques on participation
in the case study programs were discussed.
Techniques for evaluating the efficacy of curbside recycling programs were also discussed. Participation rates, waste diversion rates, and cost were reviewed with respect
to current usage and recommendations were made for increasing their usefulness as indicators
of the success of programs or program elements.Master of Science
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Righi, Brandon Paul. "The Right of Petition: Cases of Indentured Servants and Society in Colonial Virginia, 1698-1746." W&M ScholarWorks, 2010. https://scholarworks.wm.edu/etd/1539626634.
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Wheatley, Clark M. "Market capitalization and earnings persistence : the earnings response coefficients of tax generated earnings changes /." Diss., This resource online, 1994. http://scholar.lib.vt.edu/theses/available/etd-06062008-171229/.
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Pollard, Donald Kent. "Purification Rhetoric: A Generic Analysis of Draft Card, Flag, and Cross Burning Cases." Thesis, University of North Texas, 1995. https://digital.library.unt.edu/ark:/67531/metadc277949/.
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This thesis assesses three United States Supreme Court opinions, engaging in an inductive approach to generic criticism, in an attempt to discover whether or not there are similarities and/or differences in these decisions. This study focuses on draft card, flag, and cross burning cases argued before the Court in order to discover the potential genre's characteristics.
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Barber, Joel Raymond. "Tax effects and term structure measurement." Diss., The University of Arizona, 1989. http://hdl.handle.net/10150/184815.
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For investors in a given tax bracket, bonds with certain combinations of price and maturity may dominate other bonds. If markets are complete, S. M. Schaefer proved that a prohibition on short sales will give rise to tax-induced clienteles. Thus, bonds classified into groups by price and maturity may be held by investors in different tax brackets. Because of the tax advantages associated with discount bonds, there should be a tendency for high tax bracket investors to hold discount bonds and for low tax bracket investors to hold par and near-par bonds. An empirical consquence of this is that the after-tax term structure and implied tax rates may be different across different sets of bonds. The objective of this study is to test empirically for tax-induced clienteles in the market for government bonds with a regression methodology. Nonlinear least squares is used to simultaneously estimate the after-tax term structure and the corresponding implied tax rates. The estimation is performed on each group separately and on the entire sample. The null hypothesis is that the sets of parameters describing the after-tax term structure are equal across the groups. The alternative hypothesis, which will be termed the tax clientele hypothesis, is that sets of parameters are not equal across the groups.
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Reeves, Susan Kay. "Decision-Making at the Court of Appeals Level Involving Religious Liberty Cases." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3319/.
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Many studies have been completed on factors affecting judicial decisions. Studies have focused on civil rights cases, economic cases, criminal cases, sexual discrimination and obscenity cases, but no work has specifically looked at religious liberty cases. This work examines the factors affecting United States Courts of Appeals judges' decision-making in religious liberty cases. I hypothesize that gender, race, religious background, prior judicial experience, circuit, region and litigant status will all influence the way judges vote in religious liberty cases. The explanatory power of this study is relatively low, but the results indicate that judges follow the law when making decisions in religious liberty cases.
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Smitherman, Charles W. "Transatlantic merger cases : a study of United States-European Community merger review cooperation." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.419114.
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Hubbard, Daniel Julian. "An accounting study of American depositary receipts." Diss., Virginia Tech, 1992. http://hdl.handle.net/10919/39931.
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This study uses the tools of accounting research in an exploratory examination of American Depositary Receipts (ADRs). ADRs are registered certificates that represent specified amounts of foreign stocks held in trust by the banks issuing the ADRs. They are used to avoid the day-to-day problems created by international securities transactions.
The empirical portion of this study considers three research areas linking ADRs and accounting. The first question considers whether ADR firms show financial accounting information that is characteristically different from that for non-ADR firms. The major conclusion is that corporate size is the predominant distinguishing factor. The second question is whether the portion of the periodic returns on ADR investments caused by foreign currency exchange effects is significant.
The major conclusion to this section is that foreign exchange effects can significantly affect ADR returns, but not in a consistent manner. The third area examines whether ADR returns are more closely correlated with the American markets on which they trade or with the foreign markets on which their underlying shares trade. This portion of the study shows that every possible correlation combination exists among the sample ADRs.
In addition to considering these empirical questions, this study includes a thorough historical investigation of the origin and evolution of the ADR as a financial instrument.Ph. D.
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Voss, Maj-Lis A. "The term structure of interest rates : U.S. government bonds, 1955-1989 /." Thesis, This resource online, 1990. http://scholar.lib.vt.edu/theses/available/etd-03032009-040609/.
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Bowers, Tammy A. "Foreign aid and the national interest : the cases of the United States and Japan." FIU Digital Commons, 1996. http://digitalcommons.fiu.edu/etd/1751.
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Developed countries give foreign assistance for many reasons, one of which is the protection of national interests. Foreign aid gives a donor country leverage in international relations and is used as a tool of foreign policy. The United States and Japan are the two largest aid donors in the world. Each of these countries exert influence over specific regions through foreign assistance. Although the national interests of each country are different, both use foreign aid to protect these interests. This thesis discusses the means by which the United States and Japan use foreign aid in foreign policy. It looks specifically at U.S. food aid to Central America and Japanese aid to Asia.
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Morbitt, Jennifer Marie. ""Let the End be Legitimate": An Analysis of Federal District Court Decision Making in Voting Rights Cases, 1965-1993." Thesis, University of North Texas, 1998. https://digital.library.unt.edu/ark:/67531/metadc279170/.
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Integrated process models that combine both legal and extralegal variables provide a more accurate specification of the judicial decision making process and capture the complexity of the factors that shape judicial behavior. Judicial decision making theories borrow heavily from U.S. Supreme Court research, however, such theories may not automatically be applicable to the lower federal bench. The author uses vote dilution cases originating in the federal district courts from the years 1965 to 1993 to examine what motivates the behavior of district and circuit court judges. The author uses an integrated process model to assess what factors are important to the adjudication process and if there are significant differences between federal district and appellate court judges in decision making.
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Law, William L. "An argument advocating reform in the appellate process of U.S. capital cases." Honors in the Major Thesis, University of Central Florida, 2000. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/197.
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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.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Arts and Sciences
Political Science
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Perone, Francesco. "Settlement of anti-dumping cases by price undertaking : the European Community and United States practice." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23963.
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The GATT Anti-Dumping Code provides that anti-dumping proceedings may be concluded without the imposition of duties if the exporters of the dumped product offer undertakings which the authorities of the importing country consider acceptable. Undertakings are, in essence, formal commitments by exporters under anti-dumping investigation to abstain from dumping or to ensure that their exports will not injure the domestic producers of the product concerned. In accordance with the GATT rules, he anti-dumping laws of the European Community and the United States contain provisions allowing the anti-dumping authorities to accept price undertakings. In practice, however, the use of undertakings in the two jurisdictions has been considerably different. This thesis analyzes and compares the law and practice of the European Community and the United States with regard to price undertakings.
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Lo, Chih-Cheng. "International trade disputes in intellectual property : Taiwanese cases in the United States International Trade Commission." Thesis, University of Manchester, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.626852.
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Section 337 of the Tariff Act in the United States International Trade Commission (USITC) has been recognised as a mechanism for further strengthening patent protection and competitiveness of US firms (Aoki and Prusa, 1993; Mutti and Yeung 1996). Section 337 has an effective deterrent, the Exclusive Order, which prohibits the imports and lor distribution of imported products based on one or more patents held by US firms that have been infringed. Several studies have shown that there is a strategic motivation behind patent litigation (Lerner, 1995; Somaya, 2003; Harhoff and Reitzig, 2004; Lanjouw and Schankerman, 2004). However, a fuller understanding of how firms react to the enforcement environment has not been fully explored. After reviewing the relevant literature in highlighting the issue of cross-border patent litigation, the contribution of this thesis is to take the viewpoint of a foreign firm from a newly industrialised country to illustrate the issue of the strategic use of trade-relevant patent protection. With this in mind, the main research questions in this thesis are as follows: (1) What issues and interactions have taken place in the trade-relevant patent dispute between Taiwan and the US? (2) What patterns of cross-border patent dispute emerge from the USITC protection mechanism involving in Taiwanese firms? (3) What are the strategic responses of Taiwanese firms to defending a lawsuit in US jurisdiction? For the empirical part of the thesis, a patent litigation dataset was constructed with records extracted from the ITC investigation achieve and LEXIS-Nelson database; and descriptive statistics were computed to uncover the overall patterns of Taiwanese trade-relevant patent litigations and infringed patents. The findings illustrate sharply the characteristics of Information and Communication Technologies (ICT) relevant products' competition between American and Taiwanese firms. This was particularly the case after the year 2000 as Taiwanese firms became involved in patent infringement cases as direct defendants rather than as a third party as occurred in the 1980s and 1990s. Specifically, half of the infringed patents in Section 337 investigation cases were located in the classifications of computer hardware and semiconductor devices. Further empirical studies to evaluate how Taiwanese firms respond to the risk of litigation and its various impacts reported is based on a research design that combined insights gained from interviews with in-depth case studies. Following an analysis of interviewee responses, potential impact of US patent disputes of two significant USITC investigations associated with Taiwanese firms were analysed using firm level performance data. The findings appear to support those from other empirical literature about the industry-specific importance of a patent. The case studies illustrate that the role of patent litigation is perceived as a strategic manipulation rather than a protection mechanism in leT industries. Finally, the finding casts doubt on the effectiveness of discriminatory regulation to protect patent rights in the US due to the distortionary effects caused by the strategic motivations of both complainant and defendant.
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Peterson, Stephanie, and Grant Skrepnek. "Inpatient Cases of Clostridium difficile-Associated Disease in Oncology Patients throughout." The University of Arizona, 2012. http://hdl.handle.net/10150/614513.
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Class of 2012 AbstractSpecific Aims: To identify the number of Clostridium difficile-associated disease (CDAD) cases in hospitalized oncology patients between 2005 and 2009. To identify the occurrence of mortality, comorbidities, and the amount of hospital charges in this patient population. Predictive variables for mortality and hospital charges were also identified. Methods: Data retrieved from the Nationwide Inpatient Sample were used to retrospectively identify the number of CDAD cases in hospitalized oncology patients, the occurrence of mortality and comorbidities, and the amount of hospital charges incurred between 2005 and 2009. Multivariate logistic regression was used to identify predictors of mortality and a lognormal regression was used to identify predictors of inpatient charges. Main Results: From 2005 to 2009, we identified 210,449 cases of CDAD in hospitalized adult patients with cancer. Total inpatient charges for all CDAD cases over the five-year period exceeded 18 billion dollars. The percentage of cases that resulted in death was 13%. Variables that were found to be predictors of mortality included increased age (OR 1.019, CI 1.018-1.020), chronic pulmonary disease (OR 1.231, CI 1.191-1.272), coagulopathy (OR 2.085, CI 2.011-2.162), liver disease (OR 1.159, CI 1.072-1.253), fluid and electrolyte disorders (OR 1.561, CI 1.518-1.605), renal failure (OR 1.405, CI 1.349-1.462), and weight loss (OR 1.408, CI 1.362-1.456)(all p<.001). Conclusions: This study identified a large number of CDAD cases in hospitalized adult cancer patients. Several factors that appeared to be predictive of mortality and inpatient charges were also identified, which may be useful knowledge for clinicians who need to identify at-risk patients.
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Craig, McKinzie. "Rubber Stamps and Litmus Tests: The President, the Senate, and Judicial Voting Behavior in Abortion Cases in the U.S. Federal District Courts." Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc3985/.
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This thesis focuses on how well indicators of judicial ideology and institutional constraints predict whether a judge will vote to increase abortion access. I develop a model that evaluates a judge's decision in an abortion case in light of ideological factors measured at the time of a judge's nomination to the bench and legal and institutional constraints at the time a judge decides a case. I analyze abortion cases from all of the U.S. Federal District Courts from 1973-2004. Unlike previous studies, which demonstrate that the president and the home state senators are the best predictors of judicial ideology, I find that the Senate Judiciary Committee at the time of the judge's nomination is the only statistically significant ideological indicator. Also, contrary to conventional wisdom, Supreme Court precedent (a legal constraint) is also a significant predictor of judicial voting behavior in abortion cases.
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Chen, Yi-Jen. "Antitrust enforcement in the software market : a study of the Microsoft cases in the United States /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18697.pdf.
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Randma, Tiina. "Civil service careers in small and large states : the cases of Estonia and the United Kingdom." Thesis, Loughborough University, 1999. https://dspace.lboro.ac.uk/2134/26898.
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The main objective of the thesis is to analyse the development and structure of civil service careers in small and large states, taking Estonia and the United Kingdom as case studies. In the first part of the thesis, different disciplinary perspectives on careers are examined, including public administration, management, organisation theory, labour economics, sociology and psychology. A distinction is made between career, job and network systems in civil services, as frameworks for career development. Careers are analysed from two perspectives: individual and institutional. Mobility within and between organisations is given special attention, leading on to an investigation of boundaryless careers. The findings from different perspectives are drawn together to develop an integrated approach to civil service careers. The thesis also takes account of broader societal changes that have substantially affected the understanding of careers in the 1990s by increasing their diversity. The case studies in part two draw on documentary materials and interviews with civil servants in the United Kingdom and Estonia to identify similarities and differences in the characteristics of the development of careers in these two countries. The thesis shows how the reforms in the British and Estonian civil services in the 1990s have affected the way in which institutional and individual careers have evolved. An important objective of the thesis is to analyse how the size of states influences career opportunities and structures. In part three differences between larger and smaller countries are shown to be not merely quantitative but also qualitative. The size of the state appears to have a number of implications for the development of civil service systems and for career management within them. The findings suggest that traditional bureaucratic models may not be well suited to the small state context, as smaller institutions may have difficulty in developing stable structures with formalised career paths. Network organisations can, however, offer an opportunity for small states to develop further their civil services by providing a large degree of flexibility in career management.
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Moser, Melanie A. "A Descriptive Review of Balamuthia and Non-Keratitis Acanthamoeba Cases in the United States, 1955-2009." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/iph_theses/162.
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Free-living amebae are ubiquitous in the environment and occasionally invade and parasitize host tissues causing illness in humans. Despite possibly frequent exposure to these organisms, infection is rare and why some people, healthy or not, end up with illness and others do not is still unclear. Human infections are rare; when illness does occur, it is often fatal. Only two papers have examined data from the literature and cases reported to the Centers for Disease Control and Prevention, and both were published over twenty years ago. The purpose of this study is to better document the epidemiology of Balamuthia and non-keratitis Acanthamoeba, give insight into trends of these infections over time, and contribute to the scientific and medical community by producing the only comprehensive review of all Balamuthia and non-keratitis Acanthamoeba cases in the United States from 1955 through 2009. This study also examines cases that have survived in an attempt to determine if there is evidence for the effectiveness of a particular treatment regimen. Only a small number of patients have survived these infections, so any evidence for a successful course of treatment could be crucial for future cases.
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Richer, Sébastien. "On variations of federal spending in capitalist democracies: the cases of Canada and the United States." Thesis, McGill University, 2012. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=110707.
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This thesis studies variations in Canadian and American federal spending. We seek to know which factors influence these variations the most, whether they are economic, political, or economic in nature. Judging from the correlations established here, it is apparent that economic variables, more precisely the rate of unemployment and the debt to G.D.P. ratio, have the most impact on federal expenditures. Realizing this, we establish another correlation between the monetary policy (the average annual discount rate) of each country's central bank and the level of federal expenditures. Doing this, we conclude that, not only economic fluctuations, but also monetary policy, are important to consider for any study of federal spending in Western soil.Keywords: federal spending, variations, Canada, United States, economy, political, bureaucracy, monetary policyCe mémoire étudie les variations des dépenses fédérales canadiennes et américaines. Nous cherchons à savoir quels facteurs influencent le plus ces variations, qu'ils soient de nature économique, politique ou bureaucratique. D'après les corrélations établies ici, il est apparent que les variables économiques, plus précisément les variations du taux de chômage et du ratio de la dette par rapport au P.I.B.., sont de loin celles qui ont le plus d'impact sur les dépenses fédérales. Suite à cette constatation, nous établissons une autre corrélation entre la politique monétaire (le taux d'escompte moyen annuel) de la banque centrale de chaque pays et le niveau des dépenses fédérales. Ce faisant, nous en arrivons à la conclusion que, non seulement les fluctuations économiques, mais aussi les politiques monétaires, sont à considérer pour toute étude des dépenses fédérales en sol occidental.Mots-clés : dépenses fédérales, variations, Canada, États-Unis, économie, politique, bureaucratie, politique monétaire
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Song, Yonghoi. "News realities on crimes of the U.S. military personnel in Korea : a constructionist approach to the media coverage of the death cases in 1992 and 2002 /." free to MU campus, to others for purchase, 2004. http://wwwlib.umi.com/cr/mo/fullcit?p3144458.
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Bradley, Dorotha Myers. "A policy approach to federalism cases of public lands and water policy /." Diss., The University of Arizona, 1986. http://etd.library.arizona.edu/etd/GetFileServlet?file=file:///data1/pdf/etd/azu_e9791_1986_347_sip1_w.pdf&type=application/pdf.
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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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Mangezi, Mutsa. "International law before municipal courts: the role of International Court of Justice decisions in domestic court proceedings with specific reference to United States case examples." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1007325.
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In the case of LaGrand (Germany v United States), the International Court of Justice held that the United States (US) had violated its international obligation to Germany under the Vienna Convention on Consular Relations when it executed two German nationals without first informing them of their consular rights. The case came before the court after the United States had disregarded a preliminary ruling passed by the IC], which directed the US not to execute the German nationals pending the outcome of the ICJ case. The decision raised the issue of the effect of ICJ decisions in domestic proceedings and the effectiveness of ICJ enforcement mechanisms. This thesis considers the possibility of a role for national courts as active enforcers of ICJ decisions. It is argued that whilst evidence shows that there is no legal obligation on courts to enforce ICJ decisions, there is certainly room in international law to facilitate this development. In support of this argument, the thesis demonstrates how basic presuppositions about international law have shifted over the last few decades. This shift has been both the impetus and the result of globalisation. The case of LaGrand alongside similar cases is used to show how national courts may play an increased role in the enforcement of ICJ decisions.
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Peterson, Sarahfina Aubrey. "The Effect of Social Media on Public Awareness and Extra-Judicial Effects: The Gay Marriage Cases and Litigating for New Rights." PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/2086.
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When the Supreme Court grants new rights, public awareness is a crucial part of enforcement. Gerald N. Rosenberg and Michael J. Klarman famously criticized minority rights organizations for attempting to gain new rights through the judiciary. The crux of their argument relied heavily on the American media's scanty coverage of Court issues and subsequent low public awareness of Court cases. Using the 2013 United States v. Windsor and Hollingsworth v. Perry rulings as a case study, I suggest that the media environment has changed so much since Rosenberg and Klarman were writing that their theories warrant reconsideration. Minority rights groups now have access to social media, a potentially powerful tool with which to educate the public about the Supreme Court and new rights granted by the Court.
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Clarke, Deborah Anne. "An analysis of lawsuits based on student injuries in public school physical education and athletic programs in the United States from 1980 to 1984." Thesis, Virginia Tech, 1985. http://hdl.handle.net/10919/45716.
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The purpose of this study was to locate, examine, classify and analyze lawsuits based on student injuries due to alleged negligence in public school physical education and athletic programs in the United States during the period of 1980 to 1984. A preliminary investigation of the American Digest System revealed appropriate case citations for this study. Each citation was used to locate the lawsuit in the respective regional reporter of the National Reporter System. Each case was thoroughly studied and reported.
The analysis of cases revealed that 21 sports-injury lawsuits in physical education and 24 in athletic programs occurred during this time period. Twenty-one lawsuits involving playground or other injuries were also examined for related information. Each case was classified and discussed according to the primary area of alleged negligence. These primary areas included standard of care, adequacy of instruction, adequacy of supervision, adequacy and safety of facilities and equipment, adequacy and safety of protective equipment and other related areas.
Of all of the cases discussed in this study, 23 were ruled in favor of the plaintiff, with 15 held for the defendant. The doctrine of governmental immunity was upheld in 28 of the cases. The legal liability of school districts and boards of education and that of physical education teachers and athletic coaches was determined from this analysis. The status of governmental immunity and current trends of the court decisions were also discussed. The study concluded with implications for the field and recommendations for further study.Master of Science
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Arrieta, Caro José. "Rise and Fall of the Constitutional Right to a Jury Trial for Criminal Cases in the United States." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115996.
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Since its appearance in Europe, the trial by jury had to travel a long path until it became the official procedure to try criminal cases in the United States. Although it was not really created with that specific purpose, over the years it experienced memorable moments in which it was granted with the prestige and value required to be inserted in the Constitution of that country, as a safeguard against the arbitrariness of the governmental power. Today, however, the great importance that it had in the past has significantly decreased. The needs and practices of a system with a particularly high rate of convictions have relegated and transformed it into a real endangered specie. The following article describes and explains its birth and rise, as well as its subsequent virtual disappearance due to the not so efficient as dangerous guilty pleas.Desde su aparición en Europa, el juicio por jurados tuvo que recorrer un largo camino para convertirse en el método oficial de juzgamiento de casos penales en los Estados Unidos. A pesar de que no fue creado exactamente con esa finalidad, tuvo varios momentos memorables durante su desarrollo que le otorgaron el prestigio y valor necesarios para insertarse en la Constitución de ese país como una garantía frente al abuso del poder. Hoy, sin embargo, la gran importancia que alguna vez tuvo ha quedado atrás. Las necesidades y prácticas propias de un sistema con una altísima tasa de condenas han terminado por relegarlo, convirtiéndolo en una verdadera especie en peligro de extinción. El siguiente artículo describe y explica el nacimiento y auge de los juicios por jurados para causas penales y su posterior virtual desaparición a manos de los no tan eficientes como peligrosos acuerdos negociados de condena.
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Garcia, Ricardo. "Obtaining consent and establishing competence for marriage nullity cases involving Hispanic immigrants who live in the United States." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.
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Alen, Balde. "Private antitrust law enforcement in cases with international elements." Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7060/.
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The Supreme Court of the United States consented in its Empagran decision that the foreign antitrust injury that is in a dependency relationship with anticompetitive effects (antitrust injury) in the U.S. is to be litigated before the U.S. courts. Since this decision antitrust law litigation in an international context does not depend merely on anticompetitive effects in the U.S., but also on the relationship between anticompetitive effect and (foreign) private antitrust injury. This is something that was not present in pre-Empagran cases. The Supreme Court did not provide conditions on the basis of which the relationship between anticompetitive effects and private antitrust injury could be classified as one of dependency. This means that the Supreme Court left the determination of these conditions to lower U.S. courts. The lower U.S. courts, instead of attempting to determine these conditions, have made foreign private antitrust injury even more difficult to litigate before the U.S. courts. There are three factors that contributed to this development in U.S. case law: the understanding of the Empagran litigation; the understanding of the nature of the international context, and U.S. courts taking a pro-active role in delivering their decisions for which the reasoning is difficult to understand. The greatest obstacle that post-Empagran U.S. courts have placed in front of private antitrust litigants is the requirement that instead of ‘dependency connection’ there should be ‘direct causation’ between anticompetitive effects in the U.S. and litigated (foreign) private antitrust injury. This thesis considers the existing theoretical and practical problems of the current analytical framework under which antitrust violation is analysed in an international context. The thesis introduces the new legal concept of a ‘transborder standard’. This is necessitated by the starting position of this thesis that a factual situation under adjudication cannot be only either ‘domestic’ or ‘foreign’, but can also be ‘transborder’. The introduction of the transborder standard to the existing theoretical framework enables (and requires) the analysis of the factual situation under adjudication in its integrity, bearing in mind also the purpose of private antitrust law enforcement and the right of private parties to be compensated for suffered antitrust injury. The transborder standard provides a framework to analyse antitrust claims brought before the U.S. courts by those private parties who satisfy their private antitrust injury outside the U.S. At the same time, the transborder standard does not enable private litigants to take advantage of simultaneous antitrust litigation before U.S. courts and the courts of non-U.S. countries. ‘Transborder standard’ is a new legal concept. Nevertheless, the existing system of U.S. antitrust law enforcement does support it and, consequently, the transborder standard can be directly applied.
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Pishay, Anthony Abdalnor. "The fall of Enron and its implications on the accounting profession." CSUSB ScholarWorks, 2003. https://scholarworks.lib.csusb.edu/etd-project/2380.
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Wentz, Ericka Ann. "Sexual Assault Cases and the Funnel of Justice: An Examination of Police and Prosecutorial Decision-Making." Diss., North Dakota State University, 2014. https://hdl.handle.net/10365/27333.
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In order to improve responses to sexual assaults so that fewer cases drop out of the criminal justice funnel, it is important to understand the decision-making processes of the police and prosecutors in these cases. The focal concerns perspective posits that legal and extralegal variables factor into the police and prosecutors' decisions about how to proceed with sexual assault cases. Although decisions made at the prosecutorial stage are largely reliant on the actions of the police, the prosecutors' charging decisions often differ from how the police classify the incidents. This study examined 11 years of adult sexual assault incidents reported to the police in a Midwestern city to determine the level of congruence in the charging decisions made by the police and prosecutors. Unique from past research, this study used a mixed methods approach to analyze the data from police reports and court documents. Quantitative data examined the extent to which charging decisions were congruent between the police and prosecutors and assessed which factors in sexual assault cases predict the agreement in police and prosecutors' charging decisions. Qualitative data was used to determine which factors were cited most frequently within sexual assault case documents in congruent and incongruent cases. The quantitative analysis revealed that the police and prosecutors' decisions were in agreement in 34% of the cases, and distinct from prior research, the only statistically significant predictors of congruent charges were legally-relevant variables. Findings from the qualitative analysis mirrored those from the quantitative analysis, as legally-relevant characteristics such as the amount of evidence collected and the use of physical force were cited more frequently in congruent cases than incongruent cases. Overall, the results suggest that the focal concerns of the police and prosecutors in this study revolve primarily around the level of evidence available in sexual assault cases. Implications resulting from these findings are discussed.
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Merola, Victor. "Counterterrorism institutionalization : the cases of american and french intelligence." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/175316.
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Este trabalho tem como objetivo analisar o desenvolvimento de instituições criadas para o combate ao terrorismo por meio do desempenho de atividades de inteligência nacional nos Estados Unidos e na França, buscando elucidar as principais diferenças e similaridades entre os dois processos distintos. O artigo expõe as contribuições da teoria do neoinstitucionalismo histórico da ciência política, permitindo a compreensão do fenômeno da institucionalização. Uma abordagem comparativa dos casos, estudados de maneira detalhada, é apresentada, destacando as principais ocorrências que guiaram os atuais desenhos institucionais e estratégias de combate ao terrorismo estadunidense e francesa. Ao seu fim, conclusões são feitas a respeito de aparentes lógicas de centralização e normalização que permearam a reforma da Comunidade de Inteligência dos Estados Unidos (USIC) e da Comunidade Francesa de Inteligência (CFR) no contexto da Guerra Global ao Terror.This paper has the objective of analyzing the development of institutions designed to combat terrorism by means of national intelligence activities in the United States and France, aiming at elucidating the main differences and similarities between these two distinctive processes. The article exposes the contributions of the historical neo-institutionalist theory of political science, allowing the comprehension of the institutionalization phenomenon. A comparative approach of the cases, studied in a detailed manner, is presented, highlighting the main occurrences that led to the formulation of the North-American and French current institutional designs and strategies for countering terrorism. By its end, conclusions are drawn in regards to the perceived rationales of centralization and normalization that permeated the reform of the United States Intelligence Community (USIC) and the creation of the Communauté Française du Renseignement (CFR) in the context of the Global War on Terror.
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Mainville, Robert. "Compensation in cases of infringement to aboriginal and treaty rights." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30317.
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This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)
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Salgado, Espinoza Raul. "The role of small states in the construction of the Union of South American Nations (UNASUR) : the cases of Ecuador and Uruguay." Thesis, University of Birmingham, 2015. http://etheses.bham.ac.uk//id/eprint/5769/.
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This investigation introduces an innovative model for studying the role of small states in regional organisations. It conceptualises small states into region-engaging, regionconstraining and region-adapting actors, according to their particular type of engagement in regional politics. This thesis defines Ecuador and Uruguay as region-engaging small states, and argues that elements of a shared collective identity were a major factor of influence on the region-engaging character of Ecuador and Uruguay in the construction of the South American Union of Nations (UNASUR). Theoretically, the study employs a constructivist approach to exploring the reasons why these states have supported the creation and consolidation of UNASUR. It takes a cross case-oriented approach based on the analysis of documents, political speeches and semi-structured interviews, whilst also considering various historical events during the period from 2000 to 2012. Each case study delves into various historical events to provide specific foci on elements of a shared collective identity, left oriented ideology, the failure of economic integration projects, the overpowering influence of exterior agents, the need for national and regional peace, as well as the prospect of leading roles and a new type of political cooperation. A significant component of the research concerns the shared factors of a South American identity, whereby comparison facilitates the understanding of the aspects of identity influencing the behaviour of Ecuador and Uruguay in the consolidation of UNASUR.
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Clark, Charles A. "Determining the efficiency of the GNMA mortgage-backed securities market." Thesis, This resource online, 1994. http://scholar.lib.vt.edu/theses/available/etd-12042009-020212/.
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