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Dissertations / Theses on the topic 'Welfare law'
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Gigliotti, Katherine M. "Immigration and Welfare: Policy Changes Brought by the 1996 Welfare Reform Law." Thesis, Boston College, 2003. http://hdl.handle.net/2345/381.
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Thesis advisor: Timothy Duket<br>The United States of America's official seal is inscribed with the quote “E Pluribus Unum.” Translated from the Latin, this phrase means “From Many, One.” Modern America is in fact one nation, built from many; many cultures, religions, and citizens from many different origins comprise the American polity. America is a nation of immigrants. The first immigrants to this country were fleeing religious persecution. Others have come escaping a life of poverty or political repression. Whatever the reason, immigrants come to America in hope of a better life. Despite America's strong immigrant tradition, the issue of membership in the American polity has been a contentious issue throughout our history. Chinese Exclusion, and the National Origins Quota System are merely two policies implemented with the express purpose of keeping foreigners out of America. Over time, anti-immigrant sentiment in America has been fueled by nativism and the desire to allow economic prosperity to benefit American citizens. While nativism has played an important role in determining American immigration policy, many modern-day arguments for a restrictive immigration policy are based on economic considerations. It is often claimed that immigrants take jobs away from citizens. Economic research has shown that modern-day immigrants tend to be lower skilled and have a lower economic performance than natives. As a result, the presence of a large number of immigrants does create greater job competition and lower wages for citizens in low-paying jobs. The desire to keep jobs available for American citizens has been a primary cause of existing restrictions on immigration<br>Thesis (BA) — Boston College, 2003<br>Submitted to: Boston College. College of Arts and Sciences<br>Discipline: Sociology<br>Discipline: College Honors Program
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Crawford, Kari L. "Organizational Compromise of Animal Protection and Welfare Laws." Youngstown State University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1347565387.
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Scali, Emma Luce. "Welfare states in the marketplace : exploring the link between sovereign debt and welfare rights in Europe." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/51385/.
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This thesis addresses the complicated relationship between sovereign debt and the realisation of economic and social rights (ESR) and applicable international human rights law (IHRL). The central research questions to be addressed by this work include the following: How can sovereign debt threaten the realisation of ESR? What guidance does IHRL provide in relation to the sovereign debt issue? Why have human rights and IHRL been so irrelevant in the design and implementation of responses to the Eurozone sovereign debt crisis, as the Greek case has dramatically revealed? This thesis advances two main arguments. Firstly, the ‘marketisation’ of sovereign financing can be problematic for the realisation of ESR for reasons that go beyond the negative social impacts of austerity or other fiscal consolidation measures. Secondly, this thesis will argue that IHRL has been ineffective in preventing or mitigating the negative ESR impacts of responses to the crisis, not only because of the normative shortcomings of the existing legal framework, but also, and more fundamentally, because of the hegemony of neoliberal morality and its influence upon international law. The ascendancy of neoliberal assumptions, also in legal and human rights reasoning—which, as I will argue, appears to have been confirmed and reinforced rather than reversed, by some of the legal developments that have occurred since the crisis—limits the possibility of international law to constitute an instrument for the affirmation and protection of ESR. This thesis has two main theoretical objectives. Firstly, to provide a more holistic picture of the relationship between sovereign debt (and sovereign financing more generally) and ESR, that is not limited to the ESR impacts of austerity. Secondly, to review and critically analyse the existing international law on ESR—particularly relating to the use of State resources—and on sovereign debt and ESR, in order to assess its current status and post-crisis developments, explore the possible reasons of its irrelevance in the context of the Eurozone debt crisis, and speculate on its future directions.
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Kachroo, Gaytri. "Children, violence, and law." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59922.
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In this dissertation, I reconceptualize the concept of violence to consider its physical, sexual, psychological and economic dimension. I attempt to add to existing meanings of "violence" to include not only forms of abuse on the individual and group level but also abuse practiced by legal, political, ideological and economic institutions in a collective and systemic manner. Due to the significance of child maltreatment around the globe, I focus on the impact of law on this problem specifically through a study of domestic and international use of the best interests' doctrine; evidentiary issues relating to children; child abuse reporting mechanisms and protection schemes in Canada and elsewhere; and the international protection of children's rights. Lastly, I analyze the benefits of a reoriented rights-based approach to empower children within and without the legal arena.
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Epstein, Richard A. "From Natural Law to Social Welfare: Theoretical Principles and Practical Applications." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123121.
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Many common accounts of natural law understand it in opposition to modern social welfare theory. Contrary to that wisdom, this article shows how many of the fixed landmarks of the common law, including its rules on individual autonomy and the definition and acquisition of private property, comport with the natural law tradition. t he modern welfarist positions only emerge through key decisions in nineteen century law, which then help explain the choice among three welfarist positions: Kaldor-Hicks, Pareto and a more rigorous standard that requires pro rata gains among all parties. this essay uses a transaction costs framework to explain the proper deployment of these three rules.<br>Diversas versiones comunes del derecho natural lo conciben en contraposición a la teoría moderna del bienestar social. Contrariamente a dicha concepción, este artículo evidencia cuántos de los hitos del derecho común, incluyendo sus reglas sobre la autonomía individual y la definición de la adquisición de la propiedad privada, concuerdan con la tradición del derecho natural. Las posturas modernas del bienestar emergen a través de decisiones clave en el derecho del siglo diecinueve, que ayudan a explicar la elección entre tres posturas de bienestar: Kaldor y Hicks, Pareto, y un estándar más riguroso que requiere ganancias a pro rata entre todas las partes. Este ensayo utiliza un marco basado en los costos de transacciónpara explicar el despliegue estratégico de estas tres reglas.
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Macdonald, Helen Jane. "Children under the care of the Scottish Poor Law, 1880-1929." Thesis, University of Glasgow, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312614.
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Lombard, Chereé. "Animal welfare and the law : towards legal regulation of the welfare of laboratory animals in South Africa / Chereé Lombard." Thesis, North-West University, 2012. http://hdl.handle.net/10394/8718.
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The current legal framework pertaining to animals does not sufficiently address the welfare of animals. The Animal Protection Act 71 of 1962 does not specifically regulate the welfare of animals contained in research laboratories. Animals utilized for experimental research purposes endure tremendous “unnecessary suffering” due to legislative inaptitude. Experimental animals suffer inherent abuses associated with experimental research because of the methods, procedures and processes relevant to the experiments. The most controversial method of experimental research is vivisection. The method of vivisection is not only invasive but also causes “unnecessary suffering” to animals. The non-inherent abuses animals suffer during confinement in a laboratory solely relates to uncontrolled and unregulated conduct of staff.
Continuing the application of the current legislative framework may also be detrimental to the health and well-being of humans. Animals are specifically utilized as objects of science in research laboratories. The data obtained from research experiments conducted on animals are for the benefit of humankind rather than the animals. Scientific research concluded that not only are invasive methods of research conducted on live animals generally regarded as useless but extrapolating data from animals to humans can also be misleading, unnecessary and dangerous. False results and questionable methodologies are some of the other problems that seem to require urgent attention. Ethically, neither human nor animal should be utilized at the expense of the other and therefore it would be reasonable to recommend that legislative reform takes place.
The human perception of animals in terms of the relationship we have with them is the reason why legislative inaptitude in terms of animal welfare exists. The current approach followed is the philosophy of Utilitarianism. Utilitarians believe that neither humans nor animals have rights but interests. Utilitarianism focuses on the permissibility of an act (the use of animals) by weighing the benefits of such an act to the costs suffered because of such act. If the benefits outweigh the costs suffered, the act is permissible. The application of Utilitarianism seems to be the crux of our legislative inaptitude. The human perception and view of animals must therefore be re-directed to develop a sufficient legal framework in terms of animal welfare. A solution offered is to apply an alternative interpretation to the concept of “dignity” (capabilities approach) and progressive realisation. In terms of this solution a species capabilities in terms of its value, capabilities and worth are considered. Inherent to its value, capabilities and worth, is its “dignity”. Once the alternative interpretation of “dignity” is acknowledged, the progressive realisation of its interests can be achieved.<br>Thesis (LLM)--North-West University, Potchefstroom Campus, 2013
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Madiega, Tambiama André. "For an international competition policy : a global welfare approach." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30316.
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This study flows from fundamentals by describing the raison d'etre of international competition policy: how competition law, interacts with trade policy and why that interaction has become a critical concern that should be addressed in an international cooperative framework. From this observation, this thesis concludes that policy initiatives to establish international substantive competition rules are both desirable and feasible. They are desirable because they would avoid international trade disputes deriving from conflicting implementations of trade and competition policies. They are feasible trough the application of a methodology which balances efficiency, fairness and social objectives. Such a methodology is proposed by the author for the determination of common substantive competition rules.<br>This set of proposals identifies changes that would be acceptable to most national participants in world trade and classifies trade practices into three categories: First, the trade practices prohibited per se, for which international standards can be reached in a short time; second, the trade practices examined under a rule-of-reason approach for which some common standards seem obtainable only in a mid-term frame given the existing divergent antitrust philosophies; third, international mergers and antidumping laws for which, given the strong industrial policy considerations, international substantive rules are not likely to emerge in the foreseeable future.<br>Finally, as practical illustration, this thesis explores the long-run potential for replacing anti-competitive aspects of current antidumping laws with more efficient and more equitable competition-policy safeguards. The substitution of the international price discrimination standard commonly applied in antidumping review by the predatory pricing standard favoured under antitrust investigations can be achieved through the introduction of two criteria: determination of the "impact on the domestic economy, as a whole" and calculation of the variable cost standard.
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McLaughlin, Blake John. "Welfare state accountability exigencies, reflections upon law and social movement transformative politics." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ36868.pdf.
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Zegrean, Ivona-Elena. "Consumer welfare and private actions for damages in European Union competition law." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/61734.
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In the European Union (“EU”) public enforcement of competition law prevails. Private enforcement is scarce and has not been encouraged or advocated for until the end of 2014, when the EU Parliament passed Directive 2014/104/EU, which sets out an EU-wide framework aimed at promoting and facilitating private damages actions for parties harmed by anticompetitive behaviour.
This thesis inquires whether Directive 2014/104/EU succeeds in creating sufficient and appropriate incentives for victims of competition law infringements. The main argument is that while the preparatory work leading to the adoption of the Directive focused on lowering the barriers of access to justice for victims of anticompetitive conduct and incentivizing victims to take legal action against infringing firms, the final version of the Directive partly misses these points. The limited access to evidence provided by the Directive undermines the goal of lowering the burden and standard of proof, because it will still be difficult for claimants to obtain the necessary evidence for building their case, especially in standalone actions. The complete lack of any provisions facilitating class actions for the recovery of damages fails to lower litigation costs and has the effect of keeping in a particularly disadvantaged position consumers and small firms, for which litigation costs are usually prohibitive. These problems are exacerbated by the limitations of public enforcement: public enforcement agencies, due to their limited resources, have to prioritize the violations that warrant enforcement action and let some infringements go unpunished. In this context, despite the consumer welfare objective of EU competition law aiming to prevent the situation where wealth is illegally redistributed from consumers to competition law infringers, the restricted ability of victims to recover damages has the effect of allowing competition law infringers to keep most of their illegal gains.<br>Law, Peter A. Allard School of<br>Graduate
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Wilson, Joseph 1968. "Consumer welfare and government regulation of telecommunications : lessons for Pakistan." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28037.
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Governments started regulating the telecommunications industry, firstly, because the governments thought that the industry possessed the characteristics of what is generally known as 'natural monopoly' and, secondly, to protect the users of telephone services from potential abuses that are associated with the monopoly power. The governmental intervention went so far that, with the exception of few countries, virtually everywhere in the world telecommunications services were provided by the government departments of Post Telephone and Telegraph (PTT). However, with the technological advances made in the telecommunications industry, the industry can no longer be characterized as 'natural monopoly,' and, therefore, the primary rationale for regulating telecommunications industry is undermined. Despite the technological advancements and the move to deregulate telecommunications industry prevalent elsewhere in the world, some developing countries are adamant in maintaining their monopoly over the provision of telecommunications services. What was regulated to protect the consumers against the monopoly abuses is now regulated to extract monopoly profits from the consumers. This paper adopts the premise that whether governments regulate an industry, or deregulate it, or introduce competition in it, they should strictly adhere to the objective of governmental intervention, that is, consumer welfare.
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Koch, Insa Lee. "Personalising the state : law, social welfare and politics on an English council estate." Thesis, University of Oxford, 2012. https://ora.ox.ac.uk/objects/uuid:4335c11c-c0a5-44dc-bd15-5bbbfe2fee6c.
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This dissertation offers a study of everyday relations between residents and the state on a post-industrial council estate in England. Drawing upon historical and ethnographic data, it analyses how, often under conditions of sustained exclusion, residents rely upon the state in their daily struggles for security and survival. My central ethnographic finding is that residents personalise the state alongside informal networks of support and care into a local sociality of reciprocity. This finding can be broken into three interconnected points. First, I argue that the reciprocal contract between citizens and the state emerged in the post-war years when the residents on the newly built estates negotiated their dependence upon the state by integrating it into their on-going social relations. A climate of relative material affluence, selective housing policies, and a paternalistic regime of housing management all created conditions which were conducive for this temporary union between residents and the state. Second, however, I argue that with the decline of industry and shifts towards neoliberal policies, residents increasingly struggle to hold the state accountable to its reciprocal obligations towards local people. This becomes manifest today both in the material neglect of council estates as well as in state officials' reluctance to become implicated in social relations with and between residents. Third, I argue that this failure on the part of the state to attend to residents' demands often has onerous effects on people's lives. It not only exacerbates residents' exposure to insecurity and threat, but is also experienced as a moral affront which generates larger narratives of abandonment and betrayal. Theoretically, this dissertation critically discusses and challenges contrasting portrayals of the state, and of state-citizen relations, in two bodies of literature. On the one hand, in much of the sociological and anthropological literature on working class communities, authors have adopted a community-centred approach which has depicted working class communities as self-contained entities against which the state emerges as a distant or hostile entity. I argue that such a portrayal is premised upon a romanticised view of working class communities which neglects the intimate presence of the state in everyday life. On the other hand, the theoretical literature on the British state has adopted a state-centred perspective which has seen the state as a renewed source of order and authority in disintegrating communities today. My suggestion is that this portrayal rests upon a pathologising view of social decline which fails to account for the persistence of informal social relations and the challenges that these pose to the state's authority from below. Finally, moving beyond the community-centred and state-centred perspectives, I argue for the need to adopt a middle ground which combines an understanding of the nature and workings of informal relations with an acknowledgement of the ubiquity of the state. Such an approach allows us to recognise that, far from being a hostile entity or, alternatively, an uncontested source of order, the state occupies shifting positions within an overarching sociality of reciprocity and its associated demands for alliances and divisions. I refer to such an approach as the personalisation of the state.
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Binnerstam, Anneli. "Arbetstillfredsställelse och intention att byta arbete bland omsorgspersonal inom Sol och LSS." Thesis, Mälardalen University, School of Sustainable Development of Society and Technology, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:mdh:diva-1606.
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<p>Inom omsorgsyrket styrs arbertsinsatserna utav lagar. Syftet var att se i en enkätundersökning om det förelåg någon skillnad i arbetstillfredsställelse mellan personal som arbetar under LSS (Lagen om stöd och service till vissa funktionshindrade) respektive personal under SoL (Socialtjänstlagen) samt att belysa vilka faktorer som påverkade personalens intentinoer att byta arbete. Studiens kvalitativa del syftade till att genom intervjuer visa hur cheferna uppfattar personalens arbetssituation. En hypotes var att personal under LSS upplever högre arbetstillfredsställelse än personal under SoL då LSS är en mer förmånlig lag. Studien utfördes på 84 omsorgsarbetare och tre chefer i en mindre kommun. Resultatet visade ingen egentlig avvikelse i arbetstilfredsställelse mellan lagarna men att organisationskultur är den starkaste prediktorn för intention att byta arbete.</p>
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Burton, Marie. "Calling for justice : comparing telephone and face-to-face advice in social welfare legal aid." Thesis, London School of Economics and Political Science (University of London), 2015. http://etheses.lse.ac.uk/3330/.
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This thesis considers the impact of the major shift to telephone-only services that took place in social welfare legal aid in April 2013. It asks whether changing the method of delivery of social welfare advice from face-to-face to telephone transforms the nature and quality of that advice in ways that are detrimental to the client. The lawyer-client relationship has been a major concern of work carried out previously by law and society scholars. Significantly, none of these commentators considered the impact of the telephone as a sole method of delivery. This research aims to contribute towards filling the gap in the current literature by carrying out an in-depth qualitative study which compares telephone and face-to-face advice in social welfare legal aid. On the basis of empirical data, gathered through interviews and observations involving lawyers, advisers and clients, the thesis identifies three main sets of problems associated with telephone advice. First, local knowledge, community networks and working relationships with opponents put face-to-face lawyers/advisers in a better position to take action on clients’ behalf. Second, the absence of inperson interaction can have a negative impact on the interpersonal elements of the relationship, which can affect clients' willingness to give full instructions. Third, the practical aspects of taking instructions and giving advice are adversely affected by telephone-only delivery, particularly as a result of the absence of non-verbal communication, and the difficulties associated with dealing with documents. The overall conclusion of this research is that some clients are able to overcome the potential barriers of telephone advice, but less capable clients and those with more complex problems are put at a significant disadvantage. In the contemporary situation of scarce resources, this research directly challenges the government rhetoric that changes to the delivery of legal aid target services at those most in need.
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Dryburgh, Robert. "The mixed economy of welfare : the New Poor Law and charity in mid-nineteenth century England." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.399481.
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Mansour, Nisrine. "Governing the personal : family law and women's subjectivity in post-conflict Lebanon." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/3183/.
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Family law in multi-religious settings poses a problem for gender equality. However, there is a need to learn more about the dynamics of this process and its effect on women's capacity for taking action. This thesis asks the following research question: 'How does the enactment of family laws impact on the ways women negotiate their personal relationships in post-conflict Lebanon?' Mainstream statutory and cultural explanations failed to analyse the gendering effect of family law for three reasons. First, these explanations dissociate legal frameworks from broader social norms. Second, they reduce gender equality to entitlements rather than outcomes. Third, they fix women's agency as static and one-dimensional. The thesis presents a broader view of the 'enacted' aspects of family laws and examines their impact as historically bound social institutions with a dynamic gendering effect. It uses qualitative research methods to examine the case of post-conflict Lebanon (1990-2005). Findings suggest that family law forms an order of 'gender governance' that sustains institutional gender inequality and restricts women's agency in three ways. At the judicial level, women's legal personhood is blurred in both legal texts and in judicial practice. At the normative level, women's subjectivity is confined within dominant gendered norms on family relations and womanhood ideals. Finally, at the level of social spaces for action, women are restricted in their individual and collective capacity for negotiating their rights. Hence, women's subjectivity is found to be composite and fluid continuously shaping various directions for agency beyond narrow western definitions of freedom. The thesis' main contribution is to argue for the need to engage more thoroughly with family law's institutional complexity and the processes of their enactment. The concept of 'gender governance' helps explain why women have so far been unable to organise effectively towards challenging or reforming family law. It also informs the complexity of citizenship in multi-religious settings by contextual ising the religious influence and framing it within political discourses on national identity and postconflict state building.
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Russell, Regena Kaye. "Welfare reform in Quebec : implications for single mothers and their children." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61157.
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This thesis examines the process of welfare policy-making in Quebec with respect to single mothers and their children. Historically, traditional notions of the role of women in society and the distinction between "deserving" and "undeserving" poor have inhibited adequate social assistance for single mothers. Chapter 1 examines the 1937 Needy Mother's Assistance Act, the first state assistance program for single mothers in Quebec. Chapter 2 discusses the ideological basis for present-day welfare policy making. The liberal feminist commitment to gender neutrality and acceptance of the marketplace economic model have abetted recent attacks on the Motherwork norm in welfare policy and thus reinforced existing disadvantages of single mothers. Chapter 3 examines the Quebec welfare policy-making process embodied in the 1987 position paper Towards an Income Security Policy and subsequent parliamentary commission hearings. The Return to School Program for single parents, and other provisions, with their renewed emphasis on the marketplace and their attack on the Tender Years Presumption, left single mothers effectively worse off under the new Income Security Act.
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Maila, Malose Isaac. "The constitution, administrative justice and social grants: unravelling the malaise in Eastern Cape Welfare Department." Thesis, University of Limpopo (Turfloop Campus), 2007. http://hdl.handle.net/10386/593.
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Orms, Maria Elizabeth. "States with restrictions to municipal broadband deployments and the effects of the restriction." Thesis, University of Colorado at Boulder, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1552080.
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<p> Municipal broadband implementations are restricted in some way by 19 states, with other states proposing restrictions. In analyzing the different state laws, there are three categories of restrictions: bans on providing services, administrative restrictions, and economic restrictions. The most common restriction is to require municipalities to create separate funds for communication services, there are 21 different economic restrictions implemented. Most states implement more than one type of restriction and do not fall into just one category. The effect of the restrictions varies depending on the market conditions and the status of the LEC (Local Exchange Carrier), and the number of municipal electric companies present within the state. The restrictions in most states passed after the first large scale municipal network was proposed. This made it difficult to measure the effect of the restrictions on either broadband adoption or fiber to the home (FTTH) rates.</p>
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Pettersson, Andreas. "Out and about in the welfare state : the right to transport in everyday life for people with disabilities in Swedish, Danish and Norwegian law." Doctoral thesis, Umeå universitet, Juridiskt forum, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-101763.
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The aim of this thesis is to identify how a social citizenship for people with disabilities is shaped bythe normative structures in the Swedish, Danish and Norwegian law governing their right to transportin everyday life. The thesis deals with three types of transport provided by the public to private individuals: transport services, car allowances, and cash benefits for reimbursing transport costs forpeople with disabilities. For each provision, the focus of the study is directed by the followingquestions: – Is there a rights/duties relationship between the public and the individual? Who is eligible forprovision? How does public funding impact entitlement? Who is obliged to provide? What are thelegal guarantees for entitlement? Despite objectives within Nordic law and policy that people with disabilities should be compensated for their impairments, and allowed to lead independent and autonomous lives, the results from the thesis show that the various transport provisions do not fully realize this. The legal relations between the public and those with needs for transport in their everyday lives are characterized by control, scrutiny and questioning. In order to protect the public budgets from costs, the eligibility criteria in the law are so constructed as to ensure that only certain needs for transport, and only some impairments, can meet them. The national, regional and municipal governments, and the administrative courts, subject people with disabilities to intrusive inquiries regarding personal details and other circumstances in their lives, in order to be able to judge which needs for transport are to be considered legitimate and which are not. The thesis shows that the individual rights to, especially, Swedish and Norwegian transport provisions are poorly protected against political decisions to cut funding. Local and regional self-governance isan interest that always competes with individual legal rights and make them weaker, irrespective of whether these rights can be appealed in administrative courts. The conclusion in the thesis highlights how a social citizenship is shaped in the law governing the right to transport for people with disabilities, and that this social citizenship does not reinforce independence and individual autonomy for those who are dependent on the various provisions tomeet their needs for transport in their everyday lives.
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Bales, Katie. "Respecting asylum seekers : conceptualising and balancing rights and immigration control in the welfare state." Thesis, Northumbria University, 2015. http://nrl.northumbria.ac.uk/29626/.
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The presence of asylum seekers within the UK and their claims to social welfare and employment rights presents one of the greatest challenges to sovereignty and the traditional constructs of Marshallian citizenship. Yet in an increasingly cosmopolitan world the UK’s obligations stretch beyond responsibility for its own citizens, as evidenced by the case of asylum seekers whom upon the declaration of seeking refuge must be admitted to the State and provided with subsistence to avoid destitution. Accordingly, the UK is bound by a number of international instruments that provide rights outside the legal constructs of UK citizenship which results in conflict between the traditional boundaries of social inclusion centred on citizenship, and those based on universal human rights. Drawing upon a number of primary and secondary sources, including international human rights law and cosmopolitan theory, this thesis analyses the welfare and employment arrangements for asylum seekers in the UK using NGO data to ascertain the impact of policies in practise. It argues that the withdrawal of social rights from the asylum seeking community over the last two decades has resulted in a significant imbalance between the rights and interests of the State and those of asylum seekers. In light of these conclusions, the thesis recommends that the Government adopt a cosmopolitan approach to welfare provision which prioritises human need over immigration status and suggests a number of reforms which will better respect the asylum seeking community. In doing so, it is hoped that the study will contribute to the development of an ethical asylum support system which reflects the humanity of its subjects. Within the current political climate such an exploration is considered crucial as the specific policies of the asylum support system and their impact upon human rights remain relatively unexplored within academic literature.
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Matemba, Edward. "Adverse welfare effects of regulations on small tobacco exporters: the case of Zimbabwe." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Regulations to reduce the consumption of tobacco products have dual effects on economies. Economies that are net consumers of tobacco products experience welfare enhancing effects as a result of these regulations. However, these regulations can have adverse welfare effects among net producing economies. Many studies have explored these welfare effects on net consuming economies, whereas the impacts among net producing economies have been neglected. This research paper examined the adverse welfare effects of smoking regulations on small tobacco exporting economies with, a comparative advantage in tobacco production.
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Gibson, Andrew Robert. "The impact of the child welfare principle on access to assisted reproductive technology." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6716/.
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Assisted Reproductive Technology has, in the last 40 years, raised numerous ethical questions. One of these ethical questions has been whether or not children born as a result of Assisted Reproductive Technology treatments may be harmed as a consequence of being brought into existence in this way. Harm caused to children is quite rightly a serious concern for society and society expects the State to intervene to protect children from parents who pose a significant risk to their children. Towards this end section 13(5) of the Human Fertilisation and Embryology Act 1990 requires licensed infertility treatment clinics to ‘take into account the welfare of the child who may be born as a result of treatment’ when considering whether or not to provide a woman with treatment services. This thesis will argue that section 13(5) of the Human Fertilisation and Embryology Act 1990 should be amended as it is acts as nothing more than an arbitrary and unjustified infringement on an individual’s right to reproductive liberty; is an ineffectual means of promoting the welfare of the child who may be born as a result of treatment; is philosophically incoherent; and is inconsistent with the law as applied in so-called ‘wrongful life’ cases. The argument that section 13(5) of the Human Fertilisation and Embryology Act 1990 should be amended will be grounded upon the contention that an individual’s right to reproductive liberty should be accorded particular respect. This thesis will argue for a right to reproductive liberty which encompasses a negative right of the individual to be free from unjustified interference by the State when making reproductive choices. The pervasive influence of the child welfare principle as applied in the context of decisions directly impacting upon them has, it will be argued, played a significant part in the inclusion and retention of section 13(5) within the Human Fertilisation and Embryology Act 1990. This thesis will examine the way in which the child welfare principle as applied to children has grown in influence and how an unquestioning adherence to this worthy principle has led to an incongruous version of it being applied at the pre-conception stage. While the State have a solid mandate to protect the welfare of children this thesis will argue that that mandate cannot realistically be extended to apply to future children, when to refuse an individual access to Assisted Reproductive Technology has the effect of preventing the child whose welfare is to be taken into account from being brought into existence in the first place.
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Aho, Ida. "Cats’ nine lives : European Union legislation on the trade of endangered animals and its effects on animal welfare." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-450345.
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The issues raised in this thesis concern the adverse effects of EU's wildlife trade regulations, mainly the unequal treatment of captive and wild-born endangered animals. The nature of these regulations is analyzed from an animal law perspective. The purpose of the analysis is to determine whether the regulations are anthropocentric and, if so, what issues arise from it. Previous research has studied the legal personhood of animals in relation to animal welfare. This thesis continues that discussion by examining legal animal rights as a potential solution to the issues of wildlife trade. The analysis is pragmatic and employs a non-formalistic view of law. Consequentially, it uses a doctrinal and legal philosophical approach, meaning that sources outside of law are integral to the discussion. The results of the analysis show that EU’s wildlife trade regulations are anthropocentric and that this has led to severe issues regarding the welfare of endangered animals. In addition, the practical enforcement of the regulations has proven defective. Legal rights for animals seem to provide a viable solution to these issues, yet their practical implementation is complicated. The reasons for this are primarily financial and opinion-based. Therefore, a step-by-step approach, starting with limited fundamental rights and resulting in full legal personhood for animals, is recommended for this approach to be successful.
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More, Alexander Frederick Medico. "At the Origins of Welfare Policy: Law and the Economy in the Pre-Modern Mediterranean (1150-1350)." Thesis, Harvard University, 2014. http://nrs.harvard.edu/urn-3:HUL.InstRepos:13068537.
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This dissertation is an economic and institutional history of the first comprehensive public health and welfare system in the Western world. Based on previously unexamined archival and archaeological evidence from several European repositories, it argues that the Republic of Venice, at the beginning of the second millennium, implemented legislation of unprecedented scale, intended to regulate and improve the health and standards of living of its population. The Venetian empire, in this period, was unrivaled in its dominance of Mediterranean trade. Economic success and the densifying networks of communications brought new challenges, and new health stresses, including communicable disease, to key commercial hubs under Venetian control, on the Dalmatian coast and islands in the eastern Mediterranean.
At this time, a period commonly known as the Commercial Revolution, Venice itself became one of the most populous and wealthiest European cities. The government of the Republic allocated a substantial portion of its surplus revenues to the establishment and funding of new welfare legislation, influenced by Roman and Byzantine legal precedents. The nature of the Venetian parliamentary system gave rise to a host of detailed norms aimed at subsidizing the import of food and primary necessities. In addition, the Republic created and funded the first and largest state-sponsored staff of medical practitioners in Europe, intended to preserve the public's health in the expansive territories under its control. These practitioners were chosen, by and large, on the basis of testimonies of magistrates and patients who vouched for their expertise and reputation.
Through a detailed analysis of archival, archaeological and narrative evidence, this dissertation alters our understanding of the development of pre-modern states and their contribution to the creation of what historians have broadly defined "welfare policies." Comparisons between the prices of primary necessities among multiple cities of the Mediterranean test the effects of such policies on the standards of living of European populations. A comprehensive list of all public health infrastructures in Venetian territories outlines the long-term role of the state in the creation and funding of hospitals, hospices and orphanages. By contextualizing new and old evidence, this dissertation argues that, in crafting these new policies, Venetian legislators yielded to economic and political considerations, as well as popular expectations and traditions of evergetism.<br>History
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Pritchard-Jones, Laura Gwynne. "Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html.
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Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon. Yet despite this, very little has been written on how the law – and especially mental disability law – intersects with old age. This is notwithstanding the fact that many older people may encounter conditions that impact their mental or cognitive abilities, and proportionally, may therefore be greatly affected by this area of law. By drawing on a number of theories – sometimes termed ‘relational’ theories – which are derived predominantly from feminist theory, this thesis seeks to explore the adequacy of mental disability law for safeguarding health and welfare-related decision-making of older adults in three areas; where an older person has been subjected to ageism, where they have been the victim of interpersonal abuse, and where they have dementia and may lack mental capacity. Within this broader goal, this thesis has two specific aims. First, to explicitly critique and challenge the adequacy of the law as it is applied in these circumstances. It is suggested in particular that a deeper analysis of the law in both its previous and current forms betrays the liberal and unduly individualistic roots of the legislative framework. These are roots that are predicated on non-interference, and an idealistic paradigm of the rational, autonomous, and healthy bodied individual. This – it is contended throughout – is an unsuitable philosophy to underpin the law, particularly where the law engages with older adults. Second, this thesis aims to navigate a more suitable pathway within the law as it currently exists. While operating as a tool to critique the legislative framework and its underpinning philosophy, it is argued that the theories drawn upon throughout the thesis also have the potential to highlight how the law could be implemented in such a way so as to emphasise the importance of the realities of the lived experiences of old age, and particularly the experience of ageism, abuse, and dementia. Crucially, it is also suggested that such theories can help the law pay greater attention to the complex web of relationships – both positive and negative; personal and societal – that an older person may find themselves embedded within, and that frequently take on an added significance in old age.
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Brofferio, Aja. "Reforming Foster Care in California." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/863.
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The foster care system is responsible for taking care of society’s most vulnerable children and it is important that the system can be reformed as needed to meet the needs of these children. Institutional reform litigation is an ineffective method of improving the child welfare system and should no longer be relied upon. Although widely used institutional reform litigation is not efficient or effective in improving the foster care system. Litigation is unsuccessful in achieving reform because it does not embrace collaboration, cooperation, or communication but instead fosters a hostile environment in which the agencies under court mandate are expected to enact change. In 2006, two new organizations were established in California, the California Blue Ribbon Commission on Children in Foster Care and the California Child Welfare Council. Both of these organizations created recommendations for improving foster care. Unlike institutional reform litigation, these two organizations worked collaboratively with various agencies and government branches in order to come up with recommendations that were feasible. These two organizations provide a method of reform that is less myopic and more supportive, allowing for meaningful improvements within California’s foster care system.
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Emmesjö, Elisabeth. "Tvångsvård vid anorexi - en omöjlighet enligt svensk lagstiftning?" Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-2643.
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<p>Anorexi är en sjukdom som framförallt drabbar flickor, på grund av att sjukdomen i uppskattningsvis 90 % av alla fall är av det kvinnliga könet kan denna anses vara en typisk flickproblematik. Sjukdomen kännetecknas av en kraftig viktnedgång, ångest, depression och tvångstankar. Behandling av sjukdomen är flerårig och i några fall är det en sjukdom som patienten aldrig blir helt frisk från. Ätstörningen kan i vissa fall gå så långt att den leder till döden. De som lider av sjukdomen har en felaktig bild av sig själva och inser ofta inte att de är allvarligt sjuka, det kan därför vara svårt att få dem att gå med på frivilliga former av vård. Trots detta finns det inte några lagliga förutsättningar att tvångsvårda unga med anorexi. Psykisk störning i sig kan inte grunda tvångsvård enligt lag (1990:52) med särskilda bestämmelser om vård av unga (LVU), utan endast det beteende som störningen ger upphov till. I ett prejudicerande fall från Kammarrätten har slagits fast att det beteende som anorektiker uppvisar som en följd av sin psykiska störning inte faller under begreppet socialt nedbrytande beteende i 3 § LVU. De uppfyller heller inte kravet på allvarlig psykisk störning, som är en av grundförutsättningarna för att lagen (1991:1128) om psykiatrisk tvångsvård (LPT) ska kunna tillämpas.</p><p>Unga med anorexi befinner sig således i en gråzon, där varken tvångsvård enligt LVU eller LPT kan aktualiseras. Denna gråzon mellan allvarlig psykisk störning och socialt nedbrytande beteende existerar på grund av att lagliga förutsättningar för att tvångsvårda unga med anorexi inte kan erhållas vare sig i LPT eller i LVU, tillhörande förarbetsuttalanden eller rättspraxis. Eftersom anorexi är ett tillstånd där man, ofta ovetandes om sitt egna allvarliga tillstånd, pendlar mellan liv och död bör lagtexten förändras så att unga med anorexi faller inom LVU eller LPT:s ordalydelse.</p>
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Seal, Christine Violet. "Poor relief and welfare : a comparative study of the Belper and Cheltenham Poor Law Unions, 1780 to 1914." Thesis, University of Leicester, 2010. http://hdl.handle.net/2381/8331.
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There are few local studies of a comparative nature encompassing poor law unions in different regions. This thesis is unique in considering a union in the north midlands and one bordering the south-west, from 1780 to 1914. The provision of relief in Cheltenham and Belper is set in the context of social and economic conditions in these two areas. Were Cheltenham and Belper different in their management of their poor between 1770 and 1914, and how did poor relief in these two unions conform or differ to the specifications laid down in the 1834 Act? Chapter 1 looks at relief under the old poor law, while chapter 2 considers the manner in which the unions were formed. Chapters 3, 4 and 6 analyse the workhouse and union populations at various times, and chapter 5 investigates charity and its assistance to the poor. Several major themes are looked at including emigration, vagrants, the children and aged. Cheltenham and Belper managed their poor in a similar manner, except most notably with regard to assisted emigration. Only Cheltenham used this to reduce pauperism. It provided out-relief for a greater number of paupers than Belper, and its expenditure per head was much higher. Workhouse populations were very distinctive in 1851. Belper had a high percentage of children and female able-bodied paupers at that time. By 1911 the workhouse populations had become more similar in both unions, being dominated by the elderly, sick and infirm. The thesis argues for general trends, observes a common trajectory of change, assesses charity alongside formal relief, and shows how interestingly different socio-economic contexts affected the comparative details and nature of pauperism. It thus invites further comparative research into the varied regional application of the 1834 Poor Law Amendment Act, using the benchmarks and salient features highlighted here.
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Villum, Aksel Reppe. "(In)equality before the law? : An analysis of the role of gender in sentencing in cases concerning welfare fraud tried in the Norwegian Court of Appeal." Thesis, Umeå universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-155170.
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The fight against welfare fraud currently sees an increased focus from Norwegian authorities. This attention is connected to the narratives of real and perceived threats to the welfare state, where welfare fraud not only implies the misappropriation of government funds but may also be detrimental to the public’s support of the welfare state. This paper investigates the relationship between gender and sentencing in cases concerning welfare fraud tried in the Norwegian Court of Appeal (Lagmannsretten). Based on the literature on gender bias in sentencing, particularly from an American perspective, the main hypothesis proposed was that women received more lenient sentences than men. The secondary hypotheses proposed that aggravating and mitigating circumstances would correlate with the type of punishment being awarded, i.e. custodial, probation and community sentence. Further, mitigating circumstances would have a positive correlation with probation and community sentence, while aggravating circumstances would have a negative correlation on the same punishment categories. Finally, these correlations would correlate stronger in a positive direction for females, and stronger in a negative direction for males.SPSS was used to conduct descriptive and regression analyses on a data material which was organized in MS Excel. The data was collected through the online source Lovdata.no.Drawing on the research of Daly, 1989; Bickle & Peterson, 1991; Williams, 1999; Spohn & Holleran, 2002; Doerner & Demuth, 2012; Embry & Lyons, 2012; and Bontrager & Stupi, 2013, especially that of ”courtroom paternalism”, the findings of the thesis echoes that of previous work on the the field of gender bias in sentencing. The results showed a correlation between gender and type of punishment: females had a proportionately higher frequency of probation and community sentence than that of males. When taking into account aggravating and mitigating circumstances, strong correlations where identified between females and community sentence, and moderate so with probation and females. With regards to custodial, few differences between the sexes were found. However, one would benefit from further research into the aggravating and mitigating circumstances, for instance by conducting interviews.
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Diwan, Naazneen S. "Female Legal Subjects And Excused Violence: Male Collective Welfare Through State-Sanctioned Discipline In The Levantine French Mandate And Metropolis." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1222186748.
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D'Elia, Alberto. "That noir passage between Europe and America : the representation of criminals, law and social order in western cinema." Thesis, Keele University, 2014. http://eprints.keele.ac.uk/1320/.
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A group of American and European films in the forties and fifties are characterised by a dark atmosphere and morbid fascination with crime and violent death. Normally populated by rootless characters who live as though suspended in an existential limbo, their narratives are pervaded by a sense of loss and displacement. Though these films were made mostly during the world war and its aftermath, they have left a permanent visual and cultural legacy, both in western and global cinema, related as they were to the transitory nature of metropolitan experience. Moreover, by breaking with previous national traditions of public representation of crime and sexual desire, they established cinema as a privileged locus for cultural criticism and debate about some of the moral and psychological consequences of modernity. Taking this as my point of departure, I analyse the relationship between Europe and America through the films’ construction of an intercultural visual dialogue, making the case that this gathers and condenses contradictions and ambivalences in the modern human development project. In particular I focus on two aspects of this dialogue: on the one hand - since almost every country struggles with America’s economic and cultural supremacy - the ambivalent image that America has in twentieth-century European debate about popular culture. On the other hand, I consider the importance of (visual) language in the relationship between enquiry, in films, into historical transformation, and the wider processes of social and cultural change. Finally, I claim that the lesson learned from this analysis should be used in contemporary sociological debate about the renewal of conceptual tools used to investigate the role of crime in our society.
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Harris, Beth Ellen. "The power of poverty lawyers : defending a right-to-home /." Thesis, Connect to this title online; UW restricted, 1999. http://hdl.handle.net/1773/10731.
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Mishor, Yishai. "Law, poverty and time : the dynamics of poverty in constitutional human rights adjudication." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:62ccd8ed-4634-493c-900d-15d5446746e4.
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Poverty is an event in time. Only dynamic thinking can fully capture its reality. This thesis contends that human rights case law is based on a static perception of poverty inconsistent with the dynamic perception of poverty in economics. Failing to notice its temporal aspects, the examined courts consequently produce judgments that overlook essential aspects of this socio-economic phenomenon. This is puzzling, since in other contexts of constitutional human rights adjudication the passage of time bears a significant role. This means that for courts to switch from a static perspective to a dynamic perspective of poverty does not require new legal tools. The duration of poverty and change in poverty can be incorporated into judicial thinking using familiar norms and doctrines. The extent of poverty, whether it is transitory or a long-term situation, the chances of escaping it in the near future, the fluctuations in depth of poverty over the years, the probability that upon emerging from poverty one will be caught up in it again, the inheritance of poverty from parents to children: these are all time-related concerns that bear profound significance on the lives of poor people. A static examination not only overlooks these issues, but also neglects the essence of long-term poverty. Viewing poverty through the lens of time would reveal a broader and more complex human rights picture, producing a richer legal analysis, and, finally, leading to a more suitable remedy. This study examines cases that consider claims relating to the economic situation of poor people, concentrating on examples from France, Canada and Israel. The analysis reveals the temporal approach of each judgment and suggests an alternative, dynamic reading of poverty.
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Urbanowicz, Mark. "Forms of policing and the politics of law enforcement : a critical analysis of policing in a Merseyside working class community." Thesis, University of Warwick, 1985. http://wrap.warwick.ac.uk/67117/.
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This study examines the role and development of contemporary policing within the context of the social, political and economic conditions of late capitalism. The thesis is divided into three parts. Part 1 (FORMS OF POLICING THE WORKING CLASS) seeks to provide historical illustration and analysis of the development of the class role of the police under capitalism, its inherent para-militarism and some of the key events and processes which have determined its formal development. The analysis examines the development of preventive policing under early capitalism, and its transformation into reactive forms of policing under late capitalism. Part 2 (POLICING KNOWSLEY) centres on a study of the contemporary events and processes underlying the development and impact of reactive forms of policing on Merseyside working class communities. It examines the factors which have played key roles in shaping police organisation and law enforcement policies at Force, Divisional and Sub-Divisional levels. These factors, such as the development of corporate organisation, the centralisation and expansion of forces, the development of mobile patrols, deteriorating social conditions, greater use of coercion, specialisation in operations and administration, the introduction of new communication and computer systems, and the reactionary ideologies underlying the law enforcement policies of senior police command, are given particular consideration in relation to their development and impact on the Knowsley Borough area of Merseyside. Part 3 (THE POLITICS OF LATE ENFORCEMENT IN THE 1980's) examines the extent of the political autonomy of the police from central and local government. The analysis develops firstly a study on police power and privilege, centred on the inquest in Knowsley into the death of James Kelly at Huyton Police Station. This is then followed by analysis of the confrontations and conciliations between Merseyside Police Committee and the Chief Constable, arising out of 'K' Division incidents of 1979 and the anti-police riots of 1981. Central to the politics of law enforcement in the 1980's has been the development of new reactive forms of policing the daily lives of working class communities, and the formation of a nationally centralised and politically autonomous para-military third ford. Part 3 concludes by situating these developments within the wider social, political and economic conditions of late capitalism in Britain.
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Kühn, Karolin, and Madeleine Andersson. "Lagstiftningen om sexuella övergrepp på barn : Uppfyller den senaste lagstiftningen sina syften?" Thesis, Karlstad University, Karlstad University, Karlstad University, Karlstad University, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-5744.
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<p>Vid en tillbakablick, visas det tydliga förändringar i svensk lagstiftning om sexualbrott mot barn. Det förekom till exempel länge att även barnen kunde straffas med döden om det blivit utsatt för våldtäkt. En stor del i lagändringarna är just ändringar i samhällsvärderingarna som ligger till grund för det vi tror på. Just dessa värderingar är grunden till att Sverige ratificerade barnkonventionen 1990. Detta undertecknande medförde i sin tur att Sverige måste anpassa sina lagar, till det som föreskrivs i barnkonventionens artiklar för att öka skyddet för barn, samt för att harmonisera med konventionen i sin lagstiftning. Men det finns även fler rambeslut som vi har skrivit under, speciellt under 2000-talet. Och lagstiftningen går stadigt framåt.</p><p> </p><p>För att ytterligare förbättra och anpassa våra lagar, skedde därför den stora sexualbrottsreform år 2005 av 6 kap. (1962:700) Brottsbalken, angående sexualbrottslagstiftningen mot barn. Denna reform ändrade uppbyggnaden av lagstiftningen och definitionerna. Exempelvis utökade man 6 kap. med några paragrafer som helt riktade in sig på sexualbrott mot barn, andra ändringar var att definitionen av <em>sexuellt umgänge</em> ändrades till <em>sexuell handling</em>, för att göra det tydligare vad som omfattas av detta lagrum. Men kanske den ändring som har störst betydelse för ett ökat skydd för barn, är den förlängning av preskriptionstiden som infördes, och som nu börjar löpa från det att barnet fyllt 18 år. Vidare för att bättre anpassa lagen till dagens samhälle har det även tillkommit fler definitioner där rekvisiten har ändrats, delvis för att skärpa till lagen. Många av ändringarna hade sina grunder i barnkonventionen men även ifrån andra rambeslut som vi ratificerat.</p><p> </p><p>Sexualbrottsreformen (tillägg av 6 kap. 10 a § BrB) som skedde år 2009 har även den sina spår i barnkonventionen. Kompletteringarna man gjorde här kommer att refereras till som den s k <em>kontaktlagen</em> (som är ett uttryck som används i detta arbete), som syftar till att förebygga och kriminalisera kontakttagandet mellan en vuxen och en minderårig. Om man inte kan få ett stopp på sexuella övergrepp på barn, så har man i det här lagrummet försökt att ytterligare försvåra för gärningsmän att utföra övergrepp. I nu gällande rätt är det sanktionerat att försöka ta kontakt med barn i sexuellt syfte, d v s redan kontaktförsöket är en brottslig handling. Lagrummet är därför av en förebyggande karaktär.</p><p> </p><p>Regeringen anser dock fortfarande att Sveriges lagstiftning på området är begränsat och nya lagregler kommer att bifogas år 2009, men även året därpå är målet att göra en grundlagsändring. En ändring som är otroligt viktig är, att det blir straffbart att ens försöka få tillgång eller söka material som är barnpornografiskt. Kan remissinstanserna få fram en bra utformning för detta lagrum, torde det verka avskräckande för den som redan innehar och söker mer material men även för dem som kanske söker för första gången.</p><p> </p><p>Som sagt, lagstiftningen utvecklas hela tiden för att anpassas till samhället och för att göra den mer lättillgängligt och förstålig för alla. Vad som kan sägas om de ändringar som genomfördes i sexualbrottslagstiftningen under år 2005 och år 2009 mot barn, är att de lett till ett ökat skydd för barnen. Rättssäkerheten har tydligt ökat och lagarna har fått ett större tillämpningsområde. Visserligen finns det fortfarande vissa problem med tillämpningen, då speciellt med gränsdragningen och delvis med legalitetsprincipen. Gränsdragningsproblemen uppstår igenom att det nu finns så många olika lagdefinitioner som brottet kan klassas som, men här kan det påstås att det är att föredra att ha för många än att ha för få. Legalitetsprincipen sammanflyter något med gränsdragningsproblemet, då det inte konstant är avgörbart vilket brott som avses, vilket dock är avgörande enligt legalitetsprincipen. Dessa två problem jämnas dock ut av de framsteg och den ökade rättssäkerheten de nya formuleringarna har medfört. Dock bör vidare utveckling av lagarna ske för att nå en perfekt lagstiftning.</p><p> </p>
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Fernros, Beatrice. "Psykiskt funktionshindrades rätt till personlig assistans." Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-1281.
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<p>Sammanfattning</p><p>Insatsen personlig assistans inrättades 1994 i samband med att rättighetslagstiftningen lagen (1993:387) om stöd och service till vissa funktionshindrade, LSS, började gälla. Syftet med denna uppsats är att utreda vilka kriterier som den enskilde, som på grund av sitt psykiska funktionshinder ingår i 1 § 3 LSS, måste uppfylla för att beviljas insatsen personlig assistans.</p><p>I uppsatsen definieras psykiskt funktionshinder och kommunens ansvar gentemot de personer med dessa handikapp klargörs. Vidare utreds alla kriterier som den funktionshindrade måste uppfylla för att beviljas personlig assistans eller ekonomisk ersättning för sådan.</p><p>Personlig assistans är främst till för dem som har fysiska funktions¬hinder och/eller ett mycket omfattande hjälpbehov. Det är här diskussionen om psykiskt funktions¬hindrade ska beviljas assistans uppstår. Psykiskt funktionshindrade kan i regel sköta sina grund¬lägg¬ande behov rent fysiskt, men är i behov av ”påputtning” eftersom de har problem med att påbörja sysslor i den dagliga livsföringen. Enligt proposition 1995/96:146 berättigar inte rena motiverings- och aktiverings¬insatser personlig assistans, utan någon form av praktiskt hjälp¬behov krävs för att den enskilde ska beviljas insatsen.</p><p>Hjälpbehovsbedömningen ska vara individuell och hänsyn ska tas till hela livssituationen. Tanken är att insatserna i LSS, däribland personlig assistans, ska tillförsäkra den enskilde goda levnadsvillkor. Vad exakt som ingår i goda levnadsvillkor nämn endast flyktigt i lagförarbetena. Kravet på individuell prövning och det stora utrymmet för handläggarens subjektiva uppfattning gör att två till synes lika fall kan resultera i olika beslut.</p>
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Hilal, Maha. ""Too damn Muslim to be trusted"| The war on terror and the Muslim American response." Thesis, American University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3633894.
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<p> "Our war is not against Islam.....Our war is a war against evil…" -President George W. Bush. </p><p> Despite President Bush's rhetoric attempting to separate Muslims in general from terrorists who adhere to the Islamic faith, the policies of the War on Terror have generally focused on Muslims domestically and abroad, often for no greater reason than a shared religious identity with the perpetrators of the 9/11 attack (see for example, National Special Entry-Exit Registration). While foreign-born Muslims were the primary subjects of earlier policies in the War on Terror, several cases involving Muslim Americans suggest that despite holding U.S. citizenship, they may be subject to differential standards of justice (i.e. Hamdi v. Rumsfeld or the targeted killing of Anwar Al-Awlaki). Building on previous scholarship that has examined the Muslim American experience post 9/11, this dissertation focuses on the relationship between the substance and implementation of laws and policies and Muslim American attitudes towards political efficacy and orientations towards the U.S. government. In addition, this dissertation examines the relationship between policy design and implementation and Muslim American political participation, alienation, and withdrawal. </p><p> This study was approached through the lens of social construction in policy design, a theoretical framework that was pioneered by Anne Schneider and Helen Ingram. Schneider and Ingram (1993, 1997) focus on the role of public policy in fostering and maintaining democracy. With the goal of understanding public policy as a vehicle to promoting or inhibiting democracy, their analysis focuses on how the use of social constructions of different policy group targets can affect their attitudes towards government and citizenship, in addition to behaviors such as political participation. </p><p> According to Schneider and Ingram (1993, 1997, 20005), groups with favorable constructions can expect to receive positive treatment and exhibit positive attitudes towards government and participate at higher levels than groups with negative social constructions, who will develop negative orientations towards government, a decrease in feelings of political efficacy, and lower levels of political participation. Within this conceptualization of the impact of policy on target groups is the element of political power, which Schneider and Ingram (1993, 1997, 2005) examine as a measure of the degree to which different target groups can challenge their social construction and, subsequently, the policy benefits or burdens directed at them. </p><p> Research studying the impact of policies on differently constructed groups (welfare recipients, veterans, etc.) has empirically verified Schneider and Ingram's (1993, 1997, 2005) social construction in policy design theory. However, none of the existing research has yet to apply this framework to Muslim Americans as a group and in the context of counter-terrorism policies. </p><p> In order to situate the Muslim American responses according to the theories' main propositions, this study provides a background on many of the post 9/11 counter-terrorism policies, highlighting those policies that have disproportionately impacted members of this group. This research also examines how the War on Terror has been framed, and the actors involved in the construction of the Muslim image, with a focus on discerning the ways in which members of this population have been demonized and positioned as collectively responsible for acts of terrorism perpetrated by other Muslims. </p><p> This study utilized a mixed methods approach and included a quantitative survey and qualitative interviews. Purposive sampling was used in order to obtain a sample of Muslim Americans from different racial and ethnic backgrounds proportionate to the demographics of this community in the United States. The study findings are based on surveys from 75 individuals and interviews with 61 individuals. </p><p> The findings in this study reveal that Muslim Americans overwhelmingly perceive themselves to be the target of the War on Terror policies. Further, the data in this study shows that Muslim Americans across a range of backgrounds question the degree to which they are entitled to equity in both cultural and legal citizenship, including procedural justice. Despite exhibiting these views towards citizenship and procedural justice, a majority of Muslim Americans nonetheless reported increased levels of political participation as a response to policies that targeted them. </p><p> These findings provide additional empirical support for the social construction in policy design framework. Specifically, this data demonstrates that Muslim Americans in large part believe themselves to be the policy targets and have internalized many of the social constructions that have emerged vis-à-vis policy design and implementation. Consequently, Muslim Americans have developed subsequently negative orientations towards government and a sense of diminished citizenship. While the study results in terms of increased political participation may appear to be at odds with what the framework suggests, these increased levels of political participation are more properly couched as being a function of fear or threat, and in this sense a symptom of being targeted. (Abstract shortened by UMI.)</p>
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Minoff, Elisa Martia Alvarez. "Free to Move? The Law and Politics of Internal Migration in Twentieth-Century America." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:10957.
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The history of the United States in the mid-twentieth century is, in significant measure, a history of internal migration. Between 1930 and 1970, as national quota laws kept the nation's foreign-born population at record low levels, the attention of journalists, lawmakers, jurists, social workers, civil rights activists, and the broader public turned to internal migration. The rapid pace of urbanization and the industrialization of agriculture made internal migration a pressing national question and a flashpoint in American politics. Migration was implicated in many of the seminal events of the era: from the Dust Bowl Migration to the Second Great Migration, the New Deal to the Great Society, the Bonus Army to the Watts Riots. Historians have largely overlooked this period of intense interest in internal migration and they have entirely neglected its significance. This dissertation offers the first historical appraisal of the law and politics of internal migration in the mid-twentieth century. Drawing on a broad source base—including federal and state court casefiles, the records of Congress and presidential administrations, personal and organizational papers, and contemporary published accounts—it explains how the debates over migration took shape and what their long-term effects were for policy and polity. During this period, a community of migrant advocates recommended fundamental reforms to social welfare and labor market policies. These social workers, legislators, public welfare officials, social scientists, and lawyers often faced indifference and resistance from lawmakers and the general public. They were not able to accomplish all that they hoped. But they convinced Congress and the Supreme Court to reform central pillars of the welfare state and redefine citizenship. At the beginning of the period, migrants, like all Americans, were defined by law and custom as local citizens, and local laws determined whether they could receive benefits or even move from one place to the next. By the end of the period, migrant advocates had convinced policymakers that the federal government bore some responsibility for migrants and that migrants, as national citizens, were entitled to the same rights and privileges as long-time residents. The contemporary welfare state and conception of national citizenship emerged out of these debates over internal migration.<br>History
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Kloeden, Anna Jane. "Government beyond law : exploring charity regulation and spaces of order in China." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:e48b254a-3316-4a0b-a994-c3c6a6b3624a.
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This thesis examines the regulatory landscape relating to private orphanages, both foreign and domestically run, in China, and the formal and informal relationships between such homes and government which structure this space of order. Part A introduces the contextual factors shaping the gradual socialisation and privatisation of charitable activity generally, and the child welfare-specific social, economic and cultural dynamics influencing the emergence of private orphanages. Parts B and C set out the ethnographic findings of field-work examining the practical operations of private orphanages, and a theoretical analysis of the various interactions occurring with government orphanages, and local and central officials. It is shown that the ostensible government monopoly on institutional care of orphans, established in law and policy and consistent with the objective of maintaining tight control over civic organisations and religious-based and foreign-led activities, is belied by a proliferation of private orphanages emerging to address gaps in state welfare provision. This has led to the emergence of a delicate balance between top-down official discourse, rhetoric and law, and bottom-up pragmatic considerations. Further, the prima facie 'missing role' of the state in law, regulation and policy-making is contradicted in practice by evidence of a complexity of highly paternalistic state-orphanage relationships occurring beyond the normative framework of official laws and policies. Such extra-legal state-society interaction is characterised by informal, flexible and paternalistic negotiations with local officials, and mediated by structures of power and capacity. 'Law beyond government' and 'government beyond law' are central features of the multidimensional maintenance of this space of order, and point to several defining points of distinction of law as a cultural notion in the Chinese context, including a marked preoccupation with legitimacy over legality and paternalistic discipline and discretion over impartial adjudication.
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Puttick, Keith A. "Welcoming the new arrivals? : a critical analysis of the impact of 'Europe' on the UK's welfare support regime for migrants and their family members." Thesis, Staffordshire University, 2011. http://eprints.staffs.ac.uk/1925/.
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Against a back-drop of changes which since the 1980s have been making the UK’s welfare support regime for migrants progressively more restrictive, the research programme critically analysed the impact of European Law, namely EU Law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR), on the regime. The enquiry was undertaken in the research period 2003-2011. After considering historical and theoretical contexts, the factors informing reforms to the regime, and the impact of EU ‘soft measures’ at the start of the research period, the research examined the impact of Convention rights-based interventions following entry into operation of the UK’s Human Rights Act 1998 (from October 2000). It sought to establish whether this could be said to amount to a ‘safety-net’ for claimants without a substantive right to welfare support, in some cases as a result of restrictions linked to immigration status. Consideration was then given to EU Law aspects, including ‘free movement’ rights, and the rights under EU Law of new arrivals from other Member States. This analysed the impact of the UK’s restrictions on support from 1st May 2004 affecting nationals from the A8 and A2 countries coming to the UK: restrictions informed by expectations that claimants should ‘reciprocate’ for their support and ‘contribute’ by taking up employment opportunities and helping to meet the labour market’s needs. Comparisons were made with approaches taken by the two other countries admitting such nations in 2004, Sweden and Ireland. The enquiry then focused on the UK’s scheme of implementation of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely in the Member States. Much of the enquiry focused on distinctive features of the scheme such as the operation of the ‘right to reside’, including requirements that claimants must normally be ‘economically active’ or self-sufficient, and the courts’ role in interpreting and applying the scheme, and dealing with challenges based on ‘proportionality’ and discrimination arguments. Collectively, the works informed by the research provide a critical analysis of the UK support regime’s development in the areas referred to. Conclusions are provided in the ‘Research Conclusions’ section of the analysis.
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Lu, Chi Seng. "Esquema teórico sustentável da tradução jurídica bilíngue baseado num estudo sobre a tradução da legislação da acção social da região administrativa especial de Macau =Sustainable theoretical framework of bilingual legal translation based on a study on the translation of social welfare legislation of Macao special administrative region." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953522.
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Miller, Dena Jolie. "Individualism, Privacy, and Poverty in Determining the Best Interests of the Child." Oberlin College Honors Theses / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1559310478706097.
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Bishop, Paul. "Catching terrorists between war and peace : do the rights to liberty, fair trial and humane treatment differ during responses to contemporary terrorism above or below the armed conflict threshold?" Thesis, University of Birmingham, 2016. http://etheses.bham.ac.uk//id/eprint/6803/.
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States may avoid categorising responses to terrorism as armed conflict and yet still use lethal force, administrative detention and other tactics or procedures more usually associated with armed conflict. States are then potentially able to derogate from certain liberty and fair trial norms under the human rights treaties that some suggest are irreducible if international humanitarian law is applicable. States may also interpret the requirement of humane treatment in line with what may appear to be a lower standard of treatment required by certain of the human rights treaties. This thesis examines whether the fundamental rights to liberty, fair trial and humane treatment differ during responses to contemporary terrorism above or below the armed conflict threshold. The thesis concludes that there is little difference between the two regimes of international humanitarian law and human rights law in relation to the irreducible core of these fundamental rights and so it may not be important, in these respects at least, to be clear whether or not an armed conflict exists in legal terms. However, for these fundamental rights, States parties to any of the regional human rights treaties are increasingly unlikely to be able to claim a lack of jurisdiction and so a rights vacuum for those they would call terrorists during extra-territorial operations.
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Jackson, Terra, Francesca Adler-Baeder, and Leah Burke. "Examining Results Across Time in Relationship Education with Incarcerated Adults." Digital Commons @ East Tennessee State University, 2020. https://dc.etsu.edu/secfr-conf/2020/schedule/64.
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After release, 5 in 6 prisoners are rearrested within 9 years. A growing emphasis is on the importance of healthy family relationships in reducing recidivism and only a handful of studies have provided information on relationship education (RE) for incarcerated individuals. This study adds to this emerging effort and examines the pre/posttest results of a RE program, using a sample of 727 incarcerated adults. We find significant improvements in individual well-being (anxiety and depression) and couple functioning. Further, we find greater change in the individual domain for those in a relationship compared to those who were not.
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Barker, Helen Margaret. "Writing about rape : law, criticism, and drama, from Shakespeare's Titus to The Lawes Resolutions." Thesis, University of Birmingham, 2015. http://etheses.bham.ac.uk//id/eprint/6337/.
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1970s and 1980s feminist writing about rape in relation to early modern legal practice and to its representation in literary works established a paradigm of misogyny and female victimhood that has remained largely unchallenged. Two works in particular have become almost ubiquitous in modern criticism: a 1983 paper by Nazife Bashar, and the 1632 treatise, \(The\) \(Lawes\) \(Resolutions\) \(of\) \(Womens\) \(Rights\). But a scrutiny of source material revealed factual error and misreading of early modern law and commentary in Bashar’s piece. Additionally, \(The\) \(Lawes\) \(Resolutions\) is unreliable in its account of statute law, while its legal credentials are unclear. Mistaken assumptions arising from both sources have been perpetuated and compounded in modern criticism, and established as commonplace. The resulting critical paradigm constrains the scope for further investigation. The thesis attempts to set the undeniably subordinate status of women in a fuller context than that of oppositional gender politics. It reviews early modern statute law, the background to \(The\) \(Lawes\) \(Resolutions\), Bashar’s essay and its influence on subsequent criticism, the cultural context that established women’s secondary status and reinforced their vulnerability to rape, and the part of neoclassicism in the dynamic. Later chapters turn to early modern – particularly Jacobean – drama. The thesis suggests that in a fuller context of complexity and contradiction there is potential for wider and more interesting approaches to rape in literature than ideological assumptions prevalent in criticism over the past thirty years have allowed.
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Satterwhite, Nancy Rae. "Perceptions of the Adoptions and Safe Families Act of 1997 among child welfare and substance abuse professionals." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2716.
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Shucksmith, C. L. "The International Committee of the Red Cross and its mandate to protect and assist : law and practice." Thesis, University of Nottingham, 2015. http://eprints.nottingham.ac.uk/29162/.
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It is 150 years since the establishment of the International Committee of the Red Cross (ICRC), following Henry Dunant’s experiences during the aftermath of the Battle of Solferino. It is 100 years since the commencement of the Great War: if we think about a ‘traditional’ battlefield, what images come to mind? Perhaps one imagines soldiers in uniform, tanks, guns and trenches. Do the emblems of the International Red Cross and Red Crescent Movement (IRCRCM) feature in the imagined conflict scenario? Now imagine the conflicts happening today in, for example, Syria, Mali, Democratic Republic of Congo (DRC) and Ukraine. In these conflicts, soldiers mingle with civilians in towns, armoured vehicles and open backed trucks transport non- uniformed soldiers between conflict areas and weapons include, amongst others, improvised explosive devices, suicide bombers and sexual violence. Nevertheless the emblems of the IRCRCM continue to emblazon the uniforms of medical personnel and their equipment, vehicles and aid boxes. What consequences do the changes in the nature of armed conflicts have for the ICRC? The human consequences of conflict and the presence of the ICRC has been a constant for 150 years, but the needs of the population and the types of violence continually change. Indeed, since the creation of the ICRC in 1863, the methods, means and actors in conflicts have changed, but so has the practice of the ICRC. This thesis considers the legality of such developments. The ICRC is, perhaps most significantly, the self-entitled, ‘guardian’ of international humanitarian law (IHL) and a neutral and independent entity. This thesis considers the activities currently undertaken by the ICRC in the name of ‘humanitarianism’. It addresses whether a strict interpretation of the Geneva Conventions I, II, III and IV 1949, Additional Protocols I and II and Statutes of the ICRC would show that it is, as an organisation, usurping its mandate and principles. It also takes into account the ‘ICRC Study on Customary IHL’. The thesis examines the issue of whether the ICRC is an organisation with International Legal Personality (ILP) and, if so, whether it has legitimately extended its role beyond that provided in the Geneva Conventions I, II, III and IV 1949, Additional Protocols I and II and the Statutes of the IRCRCM. More broadly therefore the thesis examines the relationship between the ICRC and international law, including IHL, jus ad bellum and international human rights law (IHRL). One unique contribution made by this thesis is to undertake a substantial analysis of the meaning and implementation of humanity, which is a principle of the IRCRCM. The IRCRCM definition of the principle of humanity is: The International Red Cross and Red Crescent Movement, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours, in its international and national capacity, to prevent and alleviate human suffering wherever it may be found. Its purpose is to protect human life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, cooperation and lasting peace amongst all people. Chapter five of the thesis shows that emerging concepts in the latter part of the twentieth century, in particular sovereignty as responsibility, human security and the Responsibility to Protect (RtoP), are indicative of a development within the international community which identified the plight of individuals within sovereign States as relevant to the international community at large. In particular, the ‘humanity’ and humanitarian needs of people living within states, in particular during and after conflict, became part of international discourse. Humanitarian assistance is no longer restricted to the provision of aid to soldiers. The idea of inhumanity in internal armed conflicts also gained traction on the international stage. It is evident from recent conflicts such as Libya, Syria and Ukraine that international willingness and ability to respond to such situations varies considerably. This thesis, therefore, considers whether the ICRC is able to reach people on the ground in a way that more politicised actors, such as the UN, are not. It considers whether there is a case to be made for a humanitarian approach to protection during, and after, armed conflict? Is the ICRC capable of reaching individuals and communities in a promising and effective way? Has the ICRC had to adapt its humanitarian assistance and protection roles to adequately respond to the changing nature of armed conflicts? These questions permeate the analysis of the mandate of the ICRC and its current work, which is undertaken throughout this thesis. Critically, this thesis dedicates a chapter to analyse what ‘humanity’ means today. In much literature humanity is considered in terms of IHL, which, it is argued, provides a limited definition of such. Likewise, much literature on the ICRC centre’s on its links to IHL. The ICRC often forms a subsection of a chapter on IHL or is viewed through the lens of IHL. This thesis goes further than traditional accounts of the ICRC, as it presents the ICRC as key actor in the long-term protection and assistance of individuals and communities suffering through and trying to recover from armed conflict. It addresses the question of how to interpret ‘humanity’ and whether, perhaps, there is a case to argue that it can and should be interpreted more broadly, given the influx of human focused concepts to emerge since the end of the Second World War. This thesis focuses on sovereignty as responsibility, human security and Responsibility to Protect (RtoP) as key examples of such, as they all relate to humanitarianism. Their specific links are considered in detail in chapter five. Teitel published ‘Humanity’s Law’ in 2011 which reflects on issues similar to those contained in this thesis. However, much of Teitel’s analysis remains grounded in ‘black-letter’ law, whereas this thesis is taking a socio-legal approach and focuses on the law and practice of the ICRC. Humanity’s Law, as a concept, is very close to this Author’s interpretation and understanding of international law and the international legal order, and, as such, it is imperative to refer, throughout the thesis, to ideas put forward in ‘Humanity’s Law’. In terms of existing literature and academic argument on the matter of ‘humanity’, Teitel provides a comprehensive analysis of case law and theory. In addition much literature on the ICRC dedicates a passing comment to the Principles of the IRCRCM, which include ‘humanity’. Sovereignty as responsibility, human security and RtoP are reflective of a shift away from a state-centric model of the international legal order. There is increasing awareness and political will in terms of the plight of vulnerable populations in need. The key for this thesis is whether the ICRC mandate and practice are reflective of the developing notions of humanity, that is, is the ICRC ‘buying in’ to security or interventionist interpretations of humanity? Or, which would be a much more daring conclusion to draw, is the ICRC actually ‘feeding’ the development of ‘humanity’ as a concept which is, in turn, permeating international legal discourse more broadly? The traditional theory of human security, as proposed by the United Nations Development Programme in 1994, considered economic, food, health, environmental, personal, community and political security to be of consequence to the people living in conflict and other insecure environments. These types of security were seldom prioritised in traditional security paradigms, which focused on national security. This thesis considers human security to be of continuing importance to people on the ground during and after armed conflict and other situations of violence. For people trying to rebuild their lives, family life, food, health and community security are as important, if not more important, than the maintenance of territorial borders. In this regard, it considers the work of the Economic Security (EcoSec) Unit, which assesses needs at household level in order to obtain first-hand local information. This thesis required the undertaking of interviews with ICRC delegates at the headquarters in Geneva. The literature in this area is somewhat limited and that which is produced comes predominantly from the ICRC. It was necessary therefore to undertake empirical research to provide an original contribution to research in this field and to comprehensively address the research questions of this thesis. Finally, this thesis uses a case study of the ongoing conflict in the DRC to examine the activities of the ICRC and shows how, and to what extent, the changes within the ICRC practice are impacting people on the ground. The case study was also informed by the interviews.
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Cooke, LaNina N. "Religious establishments, public housing, and liquor stores| Their prediction of juvenile system behavior." Thesis, City University of New York, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=3561209.
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<p> The following dissertation examines the role of ecological structures in juvenile justice systems, specifically during risk assessment, prosecution, and sanctioning. This analysis of system behavior considers religious establishments, public housing, and liquor stores as the ecological indicators and views them as stigmatizing. Quantitatively, the following examination sought to (a) determine associations between social ecology and risk assessments, prosecutions, and residential sanctioning, and to (b) determine if juvenile probation officers and judges are more stringent and judgmental toward delinquents from neighborhoods that have greater concentrations of religious establishments, public housing, and liquor stores. All adjudicated juvenile delinquents whose cases have been decided by the Florida Department of Juvenile Justice in calendar years 2006, 2007 and 2008 were included in the analysis. Secondary data from the Florida Department of Juvenile Justice, the Division of Alcoholic Beverages and Tobacco Bureau of Licenses, the United States Department of Housing and Urban Development, American Church List and the United States Census were used to address the research questions. </p><p> The databases were used to support the researcher's overall tenet that certain areas are perceived as disorganized, which leads to stricter expressions of risk assessment, prosecutions, and residential sanctions. It is hypothesized that, (1) risk assessment levels are higher in areas with more religious establishments, public housing, and liquor stores; (2) zip codes with more prosecutions will consequently be those with more of the stigmatized ecological structures; and (3) an increase in religious establishments, public housing, and liquor stores will generate an increase in residential sanctions. </p><p> It was expected that the relationship between the independent and dependent variables would be significant, over and beyond demographic and legal factors. In the analysis, area demographics of population density; and juvenile demographics of age, race, ethnicity, and gender, along with current and prior legal history, were controlled for to determine the predictive value of the independent variables of religious establishments, public housing, and liquor stores on the dependent variables of risk assessment, prosecutions, and residential sanctions. Prior to statistical analysis, the data was merged and aggregated by zip code to reflect area composition, resulting in a dataset of 298 zip codes and 21 variables. To examine these relationships, analyses were done on a bi-variate and multi-variate level. Multi-variate analysis was performed using hierarchical regression. Three models were designed, considering demographics, and then adding legal variables, followed by ecological structures, to make the complete model. </p>
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Weller, Charles E. "Statutory Response to Court Security Concerns." Thesis, University of Nevada, Reno, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3608800.
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<p> This paper proposes that legislation should be used to reduce the occurrence of courthouse violence. It begins with a review of what is known about the nature and costs of court targeted and non-targeted violence, drawing on published materials of the U.S. Marshals Service, the U.S. Secret Service, the Center for Judicial and Executive Security, and others. Previously unpublished materials are also reported. Court security efforts made in response to the violence are described. In the absence of empirical studies of the effectiveness of court security laws, the paper suggests that theories of criminology be used as guides for assessing the effectiveness of existing legislation and formulating new legislation. Criminological theories, including classical theory, rational choice theory, strain theory, and routine activity theory are discussed as models appropriate for use in evaluating court security legislation. Existing state and federal laws on paper terrorism, including false liens and U.C.C. filings; address confidentiality programs; and enhanced punishments for crimes against those involved in the judicial process are described, catalogued, and analyzed.</p>