Дисертації: "Legal status"

1

Dolan, Corrine, and Bill Mannan. "Legal Status of Wildlife." College of Agriculture and Life Sciences, University of Arizona (Tucson, AZ), 2009. http://hdl.handle.net/10150/146754.

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3 pp.
Tips for Arizona's Rural Landowners: Wildlife Unit
The Tips for Arizona's Rural Landowners Fact Sheet Series is intended to educate homeowners who have recently purchased small acreages in Arizona. The purpose of the series is to give homeowners information about living in rural settings. The Wildlife Unit includes fact sheets on wildlife habitat enhancement, the legal status of wildlife, venomous wildlife, wildlife transmitted diseases, aggressive wildlife and pet safety, wildlife-human conflicts, fencing, safe pesticide alternatives, and invasive wildlife.

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2

Misiūnas, Eimutis. "Legal Status of Police Officers." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100901_090346-02295.

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The thesis addresses legal status of police officers by scrutinizing efficiency of the institution, identifying the key determinants of the efficiency and modeling legal measures that would allow prompt reaction to the unstable environment of the police service. Efficiency of Legal Status is analyzed via assessment of elements of the legal status and classification of those into four correlative segments. The work comprises an eight year evolution of the efficiency, its sociological indexes in police services exercising patrolling of public places, control of traffic safety and protection of secured objects. The thesis evaluates effects of social environment (community) and political and economic factors upon efficiency of legal status in general and, by scrutinizing legal regulation in each segment individually, identifies faults and shortcomings in the efficiency and evaluates readiness of police officers to exercise their functions by comparison of training programs for primary pack police officers in Lithuania, Ireland and Finland. The thesis ends with a range of proposals on legal regulation of individual segments of the legal status that would allow enhancement of efficiency of legal status and on compensatory mechanisms to maintain restored efficiency of legal status. Conclusions of the survey reveal that the legal status of police officers regulated in accordance with positivistic legal theories is inefficient and neither meets demands of police officers nor the needs... [to full text]
Disertacijoje nagrinėjamas policijos pareigūnų teisinis statusas, tiriant šio viešosios teisės instituto veiksmingumą, nustatant ir įvertinant pagrindinius veiksmingumo determinantus ir modeliuojant teisines priemones, leidžiančias greitai reaguoti į kintančias policijos pareigūno veiklos sąlygas. Teisinio statuso veiksmingumas tiriamas vertinant teisinio statuso elementus, klasifikuojamus į keturis tarpusavyje koreliuojančius segmentus. Vertinama veiksmingumo pokyčio dinamika aštuonių metų laikotarpyje ir jo sociologiniai rodikliai policijos tarnybose, vykdančiose viešųjų vietų patruliavimą, eismo kontrolę ir objektų apsaugą. Disertacijoje įvertinama socialinės aplinkos (visuomenės), politinių ir ekonominių veiksnių įtaka teisinio statuso veiksmingumui apskritai ir kiekvienam teisinio statuso segmentui, analizuojamas segmentų teisinis reguliavimas, nustatant jo nepakankamumą ar ydingumą, vertinama policijos pareigūnų parengtis funkcijoms vykdyti, analizuojant ir lyginant Lietuvos Airijos ir Suomijos pirminės grandies policijos pareigūnų mokymo programas. Disertacijoje pateikiami pasiūlymai dėl teisinio statuso segmentų teisinio reguliavimo, sudarančio prielaidas didinti teisinio statuso veiksmingumą, ir dėl kompensacinių mechanizmų, skirtų palaikyti atkurtą statuso veiksmingumą. Tyrimo išvados atskleidžia, jog pagal pozityviosios teisės tradiciją reglamentuojamas ir įgyvendinamas policijos pareigūno teisinis statusas nėra veiksmingas, netenkina nei policijos pareigūnų, nei... [toliau žr. visą tekstą]

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3

Chiang, Huang-Chih. "The international legal status of Taiwan." Thesis, Queen Mary, University of London, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.336514.

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4

Dikigoropoulou, Nasia. "The legal status of sustainable development." Thesis, Swansea University, 2016. https://cronfa.swan.ac.uk/Record/cronfa41151.

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Despite the widespread endorsement and political appeal of sustainable development, its seemingly ambiguous and vague nature has raised considerable controversy as its normative content and legal implications. That sustainable development was to have normative significance was evident since its introduction on the international political agenda by the 1987 World Commission on Environment and Development. The declaratory instruments which were subsequently adopted, and particularly the 1992 Rio Declaration and Agenda 21, have emphasized the need for the progressive development of international law on sustainable development. Despite developments, however, over the past 30 years and the widespread political endorsement of sustainable development by the international community, the legal status of sustainable development remains the subject of debate. Indeed there is little evidence to support a claim that there exists a legal obligation for states to develop sustainably. Nonetheless, it is proposed that, although international law may not strictly require development to be sustainable; there is a procedural obligation on states to adopt the appropriate state conduct and governance processes to strive to make progress towards sustainable development. The treaties and soft law documents which have endorsed sustainable development require states to adopt the necessary means to promote, ensure, contribute to, or work towards the fulfillment of the sustainable development objective. In this respect, its normativity lies not in requiring that a specific end result be fulfilled, but in requiring the adoption of all possible and available means necessary to strive to achieve that result. Its core principles of integration, ecological sustainability and public participation, provide for an identifiable list of measures which may be expected to be implemented by states as part of their efforts to facilitate progress to sustainable development, and against which state conduct may be assessed. Specific tools have been developed to facilitating the implementation of this obligation. The most notable of these is the environmental assessment regime. The environmental assessment process has been interpreted by the European Court of Justice as an instrument for sustainable development in light of its core principles. National case law in Cyprus also indicates that the national court has interpreted the law on environmental impact assessment in a way which recognizes such an obligation.

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5

Hosseinzadeh, Namdar. "The legal status of the Caspian Sea." Honors in the Major Thesis, University of Central Florida, 2008. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1090.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Sciences
Political Science

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6

Quinn, Simon R. "Bank credit and legal status in Moroccan manufacturing." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:999e2006-bd8e-4902-9bd9-3c0d08f41e46.

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Moroccan manufacturing firms generally choose to incorporate under one of two legal forms: ‘Société Anonyme’ (SA) and ‘Société À Responsibilité Limitée’ (SARL). This thesis is about that choice and its consequence for firms’ access to bank overdraft facilities. In 2001, Morocco made a radical change to its company law regime: it replaced a company law dating from 19th-century France with modern standards of corporate governance and accountability. In Chapter One, I use the two-period FACS/ICA panel to analyse that reform and to evaluate its impact upon manufacturing firms’ access to bank credit. I find that the reform induced a substantial share of SA firms to switch to SARL, and that — relative to firms remaining in the SA status — this caused a significant and substantial withdrawal of bank overdraft facilities. In Chapter Two, I develop a theoretical model in which an agent signals its continuous type by using a variable that may take one of only two values (a ‘binary signal’); this is intended to represent a firm’s choice of legal status. I show that this binary signal provides only ‘coarse information’, and I consider the consequences of this coarseness; I solve for equilibrium conditions and I consider both the role of a principal’s risk aversion and the role of other observable agent characteristics (‘indices’). Chapter Three uses the results of Chapter Two to develop a new structural methodology for the separate identification of information and incentive effects. I apply the method to the data used in Chapter One, on the subset of firms having an overdraft facility in both survey periods (approximately two-thirds of the total sample). I find that, among that limited sample, there is no relevant information asymmetry. I estimate the potential welfare loss and conclude that, in the 95% confidence region of potential information effects and incentive effects, the maximum median welfare loss from information asymmetry is equivalent to approximately only 3% of the median bank overdraft limit. For the sample of firms having an overdraft facility in both survey periods, this challenges the common narrative that information asymmetry is an important reason for bank credit market failure.

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7

Музикант, Катерина Анатоліївна, Екатерина Анатольевна Музыкант, and Kateryna Anatoliivna Muzykant. "Administrative and legal status of juveniles in Ukraine." Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/33560.

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At this stage of independent Ukraine raises the problem of protecting rights and interests of humans and citizens. The link between human rights and law can be described through the concept of legal status. The implementation of the rights and freedoms enshrined in the Constitution of Ukraine [1] and other regulations of our country. And according to the Law of Ukraine "About Citizenship" dated 18.01.2001, this citizenship is a permanent legal relationship of a man and the state, which is expressed in the mutual rights and obligations. When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/33560

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8

Walsh, Anna. "The Legal Status of Prenatal Life in Australia." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/14310.

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This thesis is a doctrinal analysis of the legislation and case law in Australia regulating destruction of the fetus in the contexts of third party crimes against the pregnant woman, abortion, and conscientious objection by doctors to participating in abortion. Its aim is to consider whether there is a consistent position in Australian law regarding the legal status of the fetus and when its destruction is lawful. This thesis examines the dichotomy present in the criminal law's characterisation of the pregnant woman and the fetus as one entity when the fetus is destroyed through an assault on the pregnant woman, and separate entities where the child is destroyed when it is capable of being born alive. It also considers the dichotomy present in negligence laws that have developed a maternal duty of care to the unborn, yet respects the competent pregnant woman's refusal of medical treatment where such refusal may cause indirect harm to the fetus. Finally, this thesis examines and critiques the regulation of abortion in Australia. In analysing abortion laws, this thesis highlights the disparate approach taken by each jurisdiction as to what factors are relevant to justifying abortion. It also examines when a doctor is obliged to participate in abortion, notwithstanding any conscientious objection, and considers what this says about the values embedded in these laws. Ethical relativism in the law is fundamental in a society where social practices require destruction of the fetus. This thesis concludes that in Australian law, the legal status of the fetus is relative and subject to change depending on the context of its destruction, as well as factors intrinsic to it. Despite the apparent confusion in our laws regarding what the fetus is and when it is lawful to destroy it, all jurisdictions share a commitment to deny the fetus legal personhood and maintain its relative status so that laws can permit its destruction where the lawmaker sees fit.

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9

Davidsson, Louise, and Sara Thulin. "The Legal Status of Domain Names : A Business Context." Thesis, Jönköping University, JIBS, Commercial Law, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-1089.

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Domain names are still a relatively unknown occurrence and despite being a natural part in

most people’s every-day life, there are few who reflect over their importance. The original

function of domain names was merely to serve as technical addresses and to facilitate the

locating of websites on the Internet. Today domain names are much more than this. In

addition to the address function, domain names may also serve as indications of goods,

services, businesses or information. The domain name is usually the first contact one gets

with a website and it has become crucial for businesses to have their company name or

trade marks registered as domain names. The issue of the legal status of domain names has

mainly been discussed from an American point of view and in Sweden this discussion has

almost entirely fallen under the radar. If the legal status of a domain name were clear, it

would be easier for businesses to avail themselves of the value of that domain name. It

would possibly even contribute to strengthening the legal protection for the domain name

holder, in for example insolvency or bankruptcy procedures.

Intellectual property exists in many different forms, the main being patents, trade marks,

copyright and design rights. Although there are many differences between them, they all

have in common that they establish property protection over intangibles such as ideas,

inventions, signs and information. As a domain name is not a physical object, there can be

no doubt that it is an intangible. The question is whether it is property. Intellectual

property is not a static area and it can, in line with societal and technological development,

be expanded to include new types.

The legal status of domain names is generally discussed in the light of the close connection

they have with trade marks. Except from their original function, the trade mark function of

domain names can probably be considered as one of the most commonly accepted. It is

indicated in this thesis that that function contributes to that a domain name can be

considered as a distinctive sign and thereby obtain protection, in the same way as an

unregistered trade mark.

According to current accounting rules, businesses may, to some extent, avail themselves of

the value of a domain name. Domain names are under certain circumstances identified as

intangible assets and even as ‘similar rights’ to for example trade marks and patents in

accounting and taxation situations.

At this time it is not possible to legislate on the area of the legal status of a domain name

on a Community level, as this most likely would have to include a consideration of the

existence of property rights and consequently fall outside the legislative powers of the

Community.

Both the legal development and the legal discussions on the topic of the legal status of

domain names in Sweden have been relatively sparse. Nonetheless, there have been some

interesting opinions.

By investigating what positions the different authorities, academics and practitioners have

taken on the legal status of domain names it can be concluded that the prevailing opinion

in Sweden is that domain names are not considered as property. The reason for this seems

to be that domain names as such, are in fact no more than technical constructions and that

by registering a domain name the registrant only becomes the holder of a contractual right.

However, there are some diverging opinions which could suggest that the legal status of

domain names in Sweden is not yet settled. The aspects which are then taken into

consideration include that domain names have developed to become important and

valuable assets for an increasing number of businesses. A domain name is a precondition

for the creation of a website and therefore of crucial importance for, in particular, online

based businesses. However, they are of increasing importance for all businesses to reach

out to and compete over the same customers.

It is advocated that the fact that domain names are freely traded with indicates that domain

names are property. It has also been questioned whether an asset with a true economic

value, such as a domain name, can exist without being considered as an item of property.

The steps taken in other jurisdictions have shown that the legal status of domain names is

not even clear in some of the countries with the greatest experience of domain names.

Nonetheless, the legal status is given attention in those countries and the discussion has

been initiated. In general, it can be concluded that the development seems to go toward

higher awareness of the value of domain names.

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10

Hartwig, Wendy. "Legal status and protection of animals in South Africa." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/515.

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The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.

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11

Tremblay, Michel 1955 Feb 27. "The legal status of military aircraft in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81237.

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Since the beginning of the history of aviation, the use of aircraft for military purposes revealed an efficient and dangerous weapon in the arsenal of a State. First it was used as observatory post, and then the aircraft took a more active role in combat until it became a destructive and deadly weapon. The definition of military aircraft in international law is not clear as States only wish to regulate international civil air navigation and not state aircraft. On the other hand, the Law of armed conflict defines the status of every aircraft with their respective duties and rights in the conduct of hostilities. The interception of civil aircraft by military aircraft shall be done in accordance with the international standards adopted by the International Civil Aviation Organization in virtue of the Chicago Convention and it's limited to determine the identity of the aircraft. The use of deadly force against civilian aircraft in flight is equivalent of pronouncing the death sentence of its occupants without the hearing of a trial. Respecting the international standards of interception of civil aircraft is a necessity.

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12

Blom, Okkie Johannes Jacobus. "The legal status of tax treaties in South Africa." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/62558.

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13

Glastra, Jazz. "Inequality in Farmworker Wages: Race, Space, and Legal Status." The Ohio State University, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=osu1461228244.

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14

Valenti, Giulia <1994&gt. "Sexual Harrassment, Status and Reasons of Contemporary Legal Recognition." Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/19470.

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Partendo da un’analisi giuridica degli attuali strumenti normativi reperibili globalmente, l’elaborato intende sondare il livello di sviluppo raggiunto in ambito di diritto in merito alla molestia sessuale. Sebbene appartenente alla vasta gamma della discriminazione di genere, questo concetto è stato oggetto di studio e attenzione solo in tempi più recenti e in modo più marginale rispetto ad altri aspetti del problema invece ampiamente trattati, e proprio per questo motivo, i provvedimenti presi finora sono stati di entità minore. La tesi si prefigge di analizzare il problema su più livelli: uno internazionale, con riferimento agli strumenti giuridici originati dalle attività delle Nazioni Unite, uno regionale, che prenderà in considerazione la situazione di Europa e Asia tramite il contributo di Consiglio d’Europa, Unione Europea ed ASEAN, e uno domestico. L’ambito domestico, in particolare, avrà il merito di studiare l’attuale realtà legale interna di due fondamentali case studies, Italia e Giappone, paesi che, sebbene estremamente differenti, condividono rilevanti similarità, quali importanti radici tradizionaliste in conflitto con una situazione economico-sociale ormai ampiamente sviluppata. Nella sua parte conclusiva l’elaborato tenterà di analizzare le potenziale cause sociali legate a questo ritardo normativo e offrirà alcune iniziali proposte di soluzione al problema, proposte che, qual ora presentate in un quadro normativo ufficiale, potrebbero essere il primo passo concreto nella lotta al fenomeno.

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15

Misiūnas, Eimutis. "Policijos pareigūnų teisinis statusas." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100901_090334-86298.

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Disertacijoje nagrinėjamas policijos pareigūnų teisinis statusas, tiriant šio viešosios teisės instituto veiksmingumą, nustatant ir įvertinant pagrindinius veiksmingumo determinantus ir modeliuojant teisines priemones, leidžiančias greitai reaguoti į kintančias policijos pareigūno veiklos sąlygas. Teisinio statuso veiksmingumas tiriamas vertinant teisinio statuso elementus, klasifikuojamus į keturis tarpusavyje koreliuojančius segmentus. Vertinama veiksmingumo pokyčio dinamika aštuonių metų laikotarpyje ir jo sociologiniai rodikliai policijos tarnybose, vykdančiose viešųjų vietų patruliavimą, eismo kontrolę ir objektų apsaugą. Disertacijoje įvertinama socialinės aplinkos (visuomenės), politinių ir ekonominių veiksnių įtaka teisinio statuso veiksmingumui apskritai ir kiekvienam teisinio statuso segmentui, analizuojamas segmentų teisinis reguliavimas, nustatant jo nepakankamumą ar ydingumą, vertinama policijos pareigūnų parengtis funkcijoms vykdyti, analizuojant ir lyginant Lietuvos Airijos ir Suomijos pirminės grandies policijos pareigūnų mokymo programas. Disertacijoje pateikiami pasiūlymai dėl teisinio statuso segmentų teisinio reguliavimo, sudarančio prielaidas didinti teisinio statuso veiksmingumą, ir dėl kompensacinių mechanizmų, skirtų palaikyti atkurtą statuso veiksmingumą. Tyrimo išvados atskleidžia, jog pagal pozityviosios teisės tradiciją reglamentuojamas ir įgyvendinamas policijos pareigūno teisinis statusas nėra veiksmingas, netenkina nei policijos pareigūnų, nei... [toliau žr. visą tekstą]
The thesis addresses legal status of police officers by scrutinizing efficiency of the institution, identifying the key determinants of the efficiency and modeling legal measures that would allow prompt reaction to the unstable environment of the police service. Efficiency of Legal Status is analyzed via assessment of elements of the legal status and classification of those into four correlative segments. The work comprises an eight year evolution of the efficiency, its sociological indexes in police services exercising patrolling of public places, control of traffic safety and protection of secured objects. The thesis evaluates effects of social environment (community) and political and economic factors upon efficiency of legal status in general and, by scrutinizing legal regulation in each segment individually, identifies faults and shortcomings in the efficiency and evaluates readiness of police officers to exercise their functions by comparison of training programs for primary pack police officers in Lithuania, Ireland and Finland. The thesis ends with a range of proposals on legal regulation of individual segments of the legal status that would allow enhancement of efficiency of legal status and on compensatory mechanisms to maintain restored efficiency of legal status. Conclusions of the survey reveal that the legal status of police officers regulated in accordance with positivistic legal theories is inefficient and neither meets demands of police officers nor the needs... [to full text]

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16

Bekker, Peter H. "The legal position of intergovernmental organizations : a functional necessity analysis of their legal status and immunities /." Dordrecht [u.a.] : Nijhoff, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/273326295.pdf.

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17

Du, Yun Yan. "Legal recognition and implications of electronic bill of lading in international business : international legal developments and the legal status in China." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2487632.

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18

Al, Ramahi Mohammad. "An investigation into the legal status of internet domain names." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/an-investigation-into-the-legal-status-of-internet-domain-names(9a230f6b-fa73-4f8e-821e-54bad17fbd76).html.

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The thesis takes as its central object and problematic the contentious status of domain names in global and domestic legal systems. It considers the manner in which advances in technology have blurred the legal rights between domain names and the existing laws of trademark, contract, copyright and property. As it stands, domain names are presented as a secondary right attached to other legal rights such as trademark or contract law, rather than as a new form, or species, of intellectual property. And yet, domain names represent a valuable, distinct and scarce commodity, which, in so far as they are capable of exclusive and excludable use, control and “ownership”, exhibit regularities common to forms of property. This thesis seeks to justify the application of legal frameworks with respect to domain name registration and use to prepare the way for a discussion of the highly qualified recognition of domain names as legal property in United States courts and, to some extent, by arbitral tribunals acting under the Internet Corporation for Assigned Names and Numbers ICANN mandated Uniform Dispute Resolution Mechanism. By means of a detailed exploration of the legal and practical challenges accompanying the meteoric rise of Internet technology and commerce, the thesis intends to clarify the fundamental reasons for some of the current controversies. The thesis proceeds, in a first step, to identify several “gaps” in the current framework of domain name regulation, drawing the readers’ attention to the, arguably, flawed treatment of the legal issue surrounding domain name use, control and ownership by courts and tribunals against the background of the accelerating monetisation and commoditisation of domain names. In capsule, this thesis aims to conduct a review into existing scholarship and case law on trademarks and domain names, in addition to contract and property law. It focuses on the associated legal frameworks for each, supported by cases that demonstrate their legal standing as a newly emergent property-based right. Moreover, the thesis sets these reflections against a broader discussion of doctrinal developments in the area of trademark law, the emerging role of ICANN as a custodian of the technical domain name allocation functions; the origins and theory behind the concept of property as distinct from the law of contract and, finally, the relevance of property rights to the legal standing of domain names. The thesis concludes by arguing that domain names should be treated as expressions of contract and property law, and that the relationship between domain names and trademark law be critically assessed and not confused. Further, it is argued that courts should take account of this duality towards the development of a revised framework for the regulation and adjudication of domain name assignment and use. A movement in this direction would stabilise expectations around the rights owed to, and by, domain name “owners”, alleviating the uncertainty that remains as to their status under law, while reducing the scope for dispute. By taking these issues one by one, this thesis aspires to make a small but important critical contribution to the intellectual and political debate on the future development and enforcement of domain name law.

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19

Saleh, Saleh Ali. "The legal status of IATA under national and international law /." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65934.

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20

Sallée, Clémentine. "Reflection on the legal status on sterilization in contemporary Canada." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29564.

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In light of its past eugenic use, and its often irreversible nature, non-therapeutic sterilization, the result of which is to deprive an individual of his/her capacity to procreate, has always enjoyed a particular status and its use and legal status engendered debate, discussion and controversy.
The purpose of this dissertation is to determine under which conditions non-therapeutic sterilization can lawfully be performed under Canadian law.
Whereas the legality of non-therapeutic sterilization when voluntarily consented to by a competent individual is today established in all Canadian provinces, it appears that Quebec is the only province to allow non-therapeutic sterilization to be performed on an individual lacking through age and/or disability the necessary capacity to consent, common law provinces denying any beneficial aspects to the procedure. The law on involuntary non-therapeutic sterilization however lacks clarity, certainty and consistency, a legislative reform is therefore advocated.

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21

Billings, Peter William. "The well-guarded turnstile : a comparative examination and appraisal of asylum status determination systems in four industrialised states." Thesis, University of Southampton, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341590.

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22

au, Ahunter@echidna id, and Ann Patricia Hunter. "A different kind of subject: Aboriginal legal status and colonial law in Western Australia, 1829 -1861." Murdoch University, 2007. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070427.125700.

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A different kind of subject: Aboriginal legal status and colonial law in Western Australia, 1829-1861. This thesis is an examination of the nature and application of the policy regarding the legal status and rights of Aboriginal people in Western Australia from 1829 to 1861. It describes the extent of the debates and the role of British law that arose after conflict between Aboriginal people and settlers in the context of political and economic contests between settlers and government on land issues. While the British government continually maintained that the legal basis for annexation was settlement, by the mid 1830s Stirling regarded it as an invasion, but was neither prepared to accept that Aboriginal people had to consent to the imposition of British law upon them, nor to formally recognise their rights as the original owners of the land. Instead, Stirlings government applied an archaic form of outlawry to Aboriginal people who resisted the invasion. This was despite proposals for agreements in the 1830s. During the early 1840s there was a temporary legal pluralism in Western Australia where Indigenous laws were officially recognised. However, by the mid 1840s the administration of British law in Western Australia was increasingly dictated by settler interests and mounting settler-magistrate pressure to modify the legal position of Aboriginal people which resulted in the development of colonial law to construct a landless subject status with minimal rights based on their value as a useful labour force for the pastoral economy. This separate legal status deliberately departed from equality principles and corresponded with the diminished status of Indigenous laws and the abandonment of legal pluralism in settled districts, during a period of rapid pastoral expansion in the 1850s. This entrenched discriminatory practice in colonial law would be the prelude to the protectionist and discriminatory legislation of the early twentieth century which formalised inequality of legal status.

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23

Pang, Wai-cheong Derek, and 彭偉昌. "From colony to SAR: aspects of change in HongKong's legal status." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31963948.

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24

Emberesh, Elhagi Abdulgader. "The legal status of the Gulf of Sirte in international law." Thesis, University of Liverpool, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292971.

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In 1973 Libya claimed the Gulf of Sirte. Its claim was based on historic and vital interests and it stated that the Gulf was part of Libyan internal waters over which Libya exerts full sovereignty and that the Gulf was an historic or vital bay. The thesis analyses the Libyan historic and/or vital bay claim over the Gulf. Although the doctrine of historic and/or vital bays is not codified, it is not a new doctrine in international law. It is argued that, as an exception to the general rules on bays, the coastal State has the right, by virtue of historic and vital interests, to claim and appropriate a bay adjacent to its coast. Chapter one deals with the scope of the research including the legal significance of the claim to Libya. The chapter discusses the methodology used and reviews the 1973 Declaration and international reaction to it, including the US-Libyan incidents. The geographical and historical background of the Gulf of sirte are also reviewed. In chapter two the evolution of the concepts of bays, historic bays and waters in international law are discussed. The chapter deals with definitional issues, the evolution and codification of the law of bays, and assess the law applicable in the field of historic and/or vital bays, and the requirements of customary international law. Chapter three analyses the Libyan immemorial usage and the effective Libyan exercise of sovereignty over the Gulf of sirte. Chapter four discusses the concept of acquiescence and whether there has been international acquiescence in the Libyan claim. Chapter five deals with the concept of protest and its application to the Libyan claim. It analyses the protests made at the Libyan claim and discusses a number of the protests made by States which have made similar claims to that of Libya. The issue of re~!procity is examined prior to detailed consideration and evaluation of the protests. Chapter six discusses the vital bay theory in a theoretical context, in state practice and its implementation by the tribunals. It also analyses the Libyan vital interest9s in the Gulf of Sirte and assesses the Libyan vital bay claim. Finally, chapter seven provides an overview of the Libyan historic and vital bay claim over the Gulf of sirte in a regional framework and in the context of the changing law of the sea. Proposals are made concerning the formulation of new rules when necessary on the codification of existing rules, on State practice and emerging trends relating to historic and/or vital bays. It is recommended that special attention should be given to the legitimate and genuine interests and needs of coastal States and the proposals made by Developing States in this regard.

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25

Usman, Mohammad. "Ghanaians in the Bronx : (il)legal status and pathways to housing." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/271128.

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How does legal status shape access to housing? This research explores the housing journeys of Ghanaian migrants in the borough of the Bronx in New York City to answer that question. The aim of this research is to understand the processes by which poor documented and undocumented migrants access housing, and to uncover the hidden, informal sub-markets that they occupy. Data were collected over a 14-month period of fieldwork, through 2014 and 2015, using a mixed methods approach. Quantitative data were drawn from secondary datasets and qualitative data were obtained from in-depth interviews with migrants, housing providers, and intermediaries. This study adapts urban informality theory by adjoining it with the concepts of migrant enclaves, social capital, and survival strategies. Urban informality describes informal settlements in the Global South that arise due to suspended sovereignty, where the state allows settlements to form to facilitate rapid urbanisation at minimal institutional cost. Urban informality occurs in the Bronx differently than in the Global South: migrants do not construct housing but rather obtain units on the formal market that they then sublet on their own informal market. Complicit actors, including profit-seeking providers and indifferent public authorities, allow this informal market to form. The findings show that, surprisingly, legal status is not an organizing framework in the housing market. Rather, the strength of one's social ties to the Ghanaian migrant community strongly determines how housing is accessed. For instance, undocumented migrants report better housing outcomes (lower rents and higher satisfaction) compared to their documented counterparts because they have more robust connections to other migrants. The only migrant group that can overcome weak social network ties and still readily access affordable housing are unmarried female Ghanaian migrants, as they are desired as household labourers and potential spouses. This research further finds that documented and undocumented migrants are similar in one important respect, they resist support from public institutions: housing courts, social service agencies, and elected representatives. This stems from pervasive myths and misinformation regarding government: migrants tend to believe that public authorities seek to deport them or otherwise prohibit their families from immigrating to the U.S., and that they only truly serve Hispanics, who are in the majority in the Bronx. This results in avoidable impoverishment, particularly among documented migrants who decline to seek public benefits to which they are legally qualified and entitled. This study contributes to knowledge with its empirical findings, methodology, and theoretical developments. The findings deepen our understanding of poor migrant communities residing in the Global North, and the implications of legal status for housing access. The methodology provides a novel approach for uncovering and examining allocation processes in hidden markets. The adapted urban informality model gives new theoretical insights into the relationship between formality and informality, which has further applications in housing studies and urban economics.

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26

Gorbatko, Y. "Administrative and legal status of the student self-government in Ukraine." Thesis, Sumy State University, 2015. http://essuir.sumdu.edu.ua/handle/123456789/40404.

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Among the important areas of higher education reform in Ukraine is the development of students‘ self-government. In terms of the democratization of education, humanization of principles, decentralization of higher education institutions, the synergy of all participants in the educational process dealing with everyday issues as well as strategic directions of separate educational institutions is becoming vitally important. The initiative of the students makes possible the resolution of priority issues, like: improving the quality of education and preventing of corruption in the ranks of educational institutions.

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27

Saad, Salma. "The legal and social status of women in the Hadith literature." Thesis, University of Leeds, 1990. http://etheses.whiterose.ac.uk/508/.

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This thesis covers the status of, and attitude to, the woman in Islam, as reflected by the literature of the Hadith. All previous works which have dealt with the status of the woman in Islam have attempted to cover vast areas and aspect ranging from the pre-Islamic era to our present time. However, no single work has ever been devoted to the position of woman as depicted in Muslim tradition. Since the amount of material collected is so vast, it seems to the author that even a general survey of the status of woman from pre-Isalmic times to our present day, is beyond the scope of this research, especially that this subject has already been discussed by many scholars. The literature of the hadith, however, has never been the sole corpus for this subject and hence is the major source for the present research. The status of women is examined in this work following the different "stages" in the life of the woman. Hence the following aspects have been considered; a. the baby girl b. the young girl c. the married woman and the mother d. the divorced woman e. the widow f. the slave woman. The six major books of Hadiths, and the books of Sunni, contain an enormous number of references to woman noted by the Prophet and his companions. These references usually refer to the status and legal position of women from birth to death, mainly based on actual facts which were brought to the attention of the Prophet. In order to collect all the relevant references; all six books of the Hadith, were carefully examined, registered and classified. In addition, all relevant works available were read so that a sound background for the research can be established. Experts in the field of Islamic law were consulted on various aspect of this topic and were also to lesser extent relied on traditions and customs known to the author and her family. Having dealt with a most sensitive subject which has been neglected up till now. The author aware of the incompleteness of this work, nevertheless, the author feel that the amount of materials examined and methods of analysis which were employed should give the reader on authentic insight into the life and position of the Muslim woman as depicted in the Hadith.

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28

Frew, Kendra. "Changing the legal status of non-human animals: An argument for their transition from property to legal personhood." Thesis, Frew, Kendra (2014) Changing the legal status of non-human animals: An argument for their transition from property to legal personhood. Honours thesis, Murdoch University, 2014. https://researchrepository.murdoch.edu.au/id/eprint/25657/.

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In the West, it is a well-established legal notion that non-human animals are classified as the personal property of humans. This classification allows humans to use non-human animals as a resource. A non-human animals’ property status means they have no legal capacity or standing to sue and thus cannot protect their interests in court. This thesis argues that non-human animals are sentient beings who deserve equal consideration of their interests, hence they should not be treated like inanimate objects or mere property. In order for this to occur, the legal status of non-human animals must change from a classification of ‘property’ to a classification that more closely resembles ‘personhood.’ As legal ‘persons,’ non-human animals would be extended the same rights as humans, particularly the fundamental right not to be treated as the resource of another. This thesis reviews both primary and secondary sources, particularly those from Western countries outside of Australia, such as the United States, to determine how non-human animals may make this transition from within a legal context. This thesis identifies that an important first step is to abolish the property status of non-human animals. Due to the significance of such a change, removing the property status of animals can only be realistically achieved through incremental steps. Expanding the standing doctrine to include non-human animals so that they may sue in their own right is also a necessary legal change. In addition, non-human animals’ rights, or ‘dignity,’ must be given constitutional force and the resulting legislation must recognise their interests, minus any exemptions or exclusions that might diminish those interests. The judiciary, rather than being precedent bound, ought to embrace the flexibility of the common law and make decisions which incorporate modern science and changing societal values towards animals. Adopting these legal reforms will assist non-human animals’ transition from ‘property’ to ‘persons’ under law.

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29

Ahlström, Christer. "The status of multilateral export control regimes : an examination of legal and non-legal agreements in international co-operation /." Uppsala : Iustus Förl, 1999. http://www.gbv.de/dms/spk/sbb/recht/toc/323170838.pdf.

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30

Radijeng, Godfrey Olebogeng. "Customary law and gender equality : the legal status of women in Botswana." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.404025.

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31

Rahman, Saira. "The socio-legal status of Bangali women in Bangladesh : implications for development." Thesis, University of Kent, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267407.

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32

Al-Ghazawi, Loai Azmi. "The legal status of Jerusalem in Islamic Fiqh (jurisprudence) and international law." Thesis, Glasgow Caledonian University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340613.

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33

Doya, Nanima Robert. "The legal status of evidence obtained through human rights violations in Uganda." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/4925.

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Magister Legum - LLM
The Constitution 1995 of the Republic of Uganda is silent on how to admit evidence obtained through human rights violations in Uganda. The decided cases are inconsistent in the way courts have dealt with this evidence. This research establishes how jurisdictions like South Africa, Canada, Kenya, Zimbabwe and Hong Kong deal with evidence obtained as a result of human rights violations. It establishes the position of international law on evidence obtained through human rights violations. The research then employs the comparative study to establish the status of evidence obtained through human rights violations in Uganda. This study helps in the improvement of the practice of evaluating evidence in courts, by providing recommendations to policy makers and judicial officers in the criminal justice system on how to handle evidence at the pretrial stages in order to greatly attempt to contain the consequences of this evidence.

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34

Stepkova, Veronika. "Production of legal status among Hong Kong-based domestic workers from Bangladesh." HKBU Institutional Repository, 2018. https://repository.hkbu.edu.hk/etd_oa/516.

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This thesis explores the production of Bangladeshi domestic workers' legal status in Hong Kong. Bangladeshi domestic workers started entering Hong Kong in 2013 and they were expected to gradually become one of the major national groups of domestic workers. But within the first two years, 50 to 60% of them left formal employment. In the migration industry, that phenomenon was referred to as the "runaway crisis". While the runaway crisis took place between 2013 and 2015, some Bangladeshi domestic workers still run away. I would like to reflect upon the migration experiences of Bangladeshi women recruited by two employment agencies and one small association of employment agencies and identify forces impacting their decision-making over their legal status. In doing that, I build upon feminist geography of domestic work and migration studies, Foucault's work on governmentality and Ahmed's affective economies which I extend by elaborating on her understanding of lovability with which I engage to argue for a performative view of legality. The main methodology of the research is feminist ethnography where data were collected during 2-year long field work in Bangladeshi training centers and Hong Kong agencies. The research suggests that domestic workers' legal status is produced in a multi-layered process which includes social structures and power dynamics and affects in migration industry institutions.

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35

Herauf, Todd J. "Immunity for New Mexico Public School Districts and the 1978 Tort Claims Act." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc699955/.

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In a 3-year timeframe, nearly 800 student negligence suits were filed, and most involved some claim of personal injury. Despite heightened public attention of negligence lawsuits against school districts and their employees, an empirical study of court decisions revealed that the volume of litigation against school districts remained steady from 1990 to 2005, the majority of cases were ruled in favor of the school district employees, and government and official immunity were most often the basis for these rulings. Researchers have concluded that immunity laws are strong in the United States, although they vary by state in their application. However, a primary recommendation was that, because of the misconception of a lack of immunity for public school employees, a comprehensive study on governmental and official immunity is needed. This dissertation employed legal research, analysis, and methodology to engage in a comprehensive investigation of teacher immunity in the four southern states of Texas, Oklahoma, Mississippi, and New Mexico. Of central concern to this dissertation was the Tort Claims Act of 1978 from the State of New Mexico. The Tort Claims Act is the vehicle by which immunity is granted to public school employees. Court findings over the last 35 years point to three primary domains under which cases pertaining to immunity fall: negligence (62.5%), evaluation and supervision (16.7%), and student discipline (8.3%). Immunity appears strong across all three domains; however, only future studies on cases by state will determine whether states in the southwest United States are the norm or an anomaly.

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36

Bautista, Lowell B. "The legal status of the Philippine Treaty Limits and territorial waters claim in international law national and international legal perspectives /." Access electronically, 2010. http://ro.uow.edu.au/theses/3081.

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37

Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.

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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Armenian millet's legal structures were perhaps exaggerated or misunderstood by previous scholars. The second is that Islamic law was not as unfavourable to dhimmis as presumed and that the shari'a courts were adequate for their needs. Finally, the way the courts applied Islamic law was sometimes advantageous to certain dhimmis.

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38

Elleven, Russell K. (Russell Keith). "Student Legal Issues Confronting Metropolitan Institutions of Higher Education." Thesis, University of North Texas, 1996. https://digital.library.unt.edu/ark:/67531/metadc277754/.

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This study examined perceptions of student legal issues confronting metropolitan institutions of higher education. The data for the study were collected using a modified version of Bishop's (1993) legal survey. The sample for the study consisted of 44 chief student affairs officers and 44 chief legal affairs officers employed with the 44 institutions affiliated with the Coalition of Urban and Metropolitan Universities. Frequency counts and percentage distributions were employed to analyze the data. Chief student affairs officers and chief legal affairs officers have very different perception as to the most likely student legal issues to be litigated in the next ten years. Chief student affairs officers found few student legal issues highly likely to be litigated in the next 10 years. Affirmative action, sex/age discrimination, fraternities and sororities, and disabled students were the only student legal issues at least 20 percent of chief student affairs officers believed to be highly likely of litigation in the next ten years. Chief legal affairs officers believed many student legal issues would be litigated in the next 10 years. At least 20 percent of the chief legal affairs officers believed admission criteria, affirmative action, reverse discrimination, sex/age discrimination, athletic tort liability, Title IX, defaulting student loans, defamation, negligence, academic dismissals, academic dishonesty, cyberspace issues, and disabled students to be highly likely of litigation in the next ten years. Chief student affairs officers and chief legal affairs officers prepare very similarly for future student legal issues they may confront in the future. There is a large amount of crossover between professional conferences of chief student affairs officers and chief legal affairs officers. Student affairs and legal affairs officers will attend professional conferences of both groups in order to stay abreast of student legal issues. It appears chief student affairs officers are not prepared to confront many of the student legal issues highly likely to be litigated in the next ten years.

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39

Troy, Beth M. "Legally bound a study of women's legal status in the ancient Near East /." Oxford, Ohio : Miami University, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1101850402.

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40

Verngren, Linda. "ACCOUNTABLE OR NOT ACCOUNTABLE? : SOCIAL WORKERS’ VIEWS ON MENTALLY DISORDERED PERSONS’ LEGAL STATUS." Thesis, Högskolan i Gävle, Avdelningen för socialt arbete och psykologi, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-16022.

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The aim of this thesis was to describe how mentally disordered offenders would be affected by reintroducing the accountability requirement within Swedish legislation, based on social workers’ preconceptions. Mental illness creates a number of issues within criminal justice systems. Almost all countries worldwide have an insanity defense in order to obtain de-criminalization of mentally disordered offenders. However, mentally disordered offenders are criminalized within Sweden’s current legislation. Therefore, the government is proposing a legislative reform. The reform suggests that the accountability requirement will be reintroduced within Swedish legislation. Within this inquiry semi-structured face-to-face interviews were conducted with six forensic social investigators. In light of Becker’s labeling theory and Goffman’s theory of stigma the results reveal social, psychological and behavioral consequences of the new legislation. The participants believe that, de-criminalization provides social and psychological advantages for mentally ill persons. Nevertheless, excusing people from responsibility might produce irresponsible behavior. Since responsibility is an essential part in rehabilitation as well as preventing criminal recidivism.

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41

Layeb, Allaoua. "The development of international law in relation to the legal status of mercenaries." Thesis, London School of Economics and Political Science (University of London), 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.407241.

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42

Troy, Beth M. "LEGALLY BOUND: A STUDY OF WOMEN’S LEGAL STATUS IN THE ANCIENT NEAR EAST." Miami University / OhioLINK, 2004. http://rave.ohiolink.edu/etdc/view?acc_num=miami1101850402.

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43

Stuntz, Jean A. "The Persistence of Castilian Law in Frontier Texas: the Legal Status of Women." Thesis, University of North Texas, 1996. https://digital.library.unt.edu/ark:/67531/metadc277693/.

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Castilian law developed during the Reconquest of Spain. Women received certain legal rights to persuade them to move to the villages on the expanding frontier. These legal rights were codified in Las Siete Partidas, the monumental work of Castilian law, compiled in the thirteenth century. Under Queen Isabella, Castilian law became the law of all Spain. As Spain discovered, explored, and colonized the New World, Castilian law spread. The Recopilacidn de Los Leyes de Las Indias complied the laws for all the colonies. Texas, as the last area in North America settled by Spain, retained Castilian law. Case law from the Bexar Archives proves this for the Villa of San Fernando(present-day San Antonio). Castilian laws and customs persisted even on the Texas frontier.

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44

Memo, Sara. "The Legal Status of Roma in Europe: between National Minority and Transnational People." Doctoral thesis, Università degli studi di Trento, 2013. https://hdl.handle.net/11572/368101.

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Recent estimates from the Council of Europe (CoE), rates Romani presence in Europe around 10-12 million individuals. In an imaginary Europe without geo-political borders, these estimates raise Romani population to the 9th most populous community, immediately after Belgians. Notwithstanding their numerical proportion and their historical presence in Europe, both international and national legal instruments designed for minorities are currently unable to comprehensively protect and promote Roma rights. Because of their diffuse and still partially nomadic presence, the existing legal instruments are inappropriate to effectively accommodate Romani needs because they are still ensuing from a Westphalian paradigm which identifies one people in relation with a precise territorial area. Indeed, these legal instruments either apply to social groups traditionally resident in a country (â€œoldâ€ minorities) or to migrants (â€œnewâ€ minorities) but cannot apply to Roma who on the one hand are traditionally living in Europe (as â€œoldâ€ minorities) and on the other hand are still moving from one country to the other (as â€œnewâ€ minorities). This study investigates the possibility of identifying a minimum European set of rights for Roma by means of two complementary conceptual frameworks. The first comparatively identifies best legal practices at the national levels, whereas the second, taking into account the specific distinctive features of Roma compared to other groups, proposes the adaptation of international legal instruments designed for indigenous people to Roma as a â€˜European transnational peopleâ€™. In its comparative part, this study analyzes the legal protection of Roma in terms of, linguistic, social-economic and cultural rights as well as in terms of political representation. The proposal for adapting indigenous peoplesâ€™ rights draws from the case of Sami in Northern Scandinavia as the only example of a European indigenous people living transnationally in Europe. The results of this study contribute, both theoretically and practically, to the scientific debate on the protection of non-territorial minorities and of indigenous people in Europe.

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45

Memo, Sara. "The Legal Status of Roma in Europe: between National Minority and Transnational People." Doctoral thesis, University of Trento, 2013. http://eprints-phd.biblio.unitn.it/1010/1/MEMO_PhD_Dissertation.pdf.

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Recent estimates from the Council of Europe (CoE), rates Romani presence in Europe around 10-12 million individuals. In an imaginary Europe without geo-political borders, these estimates raise Romani population to the 9th most populous community, immediately after Belgians. Notwithstanding their numerical proportion and their historical presence in Europe, both international and national legal instruments designed for minorities are currently unable to comprehensively protect and promote Roma rights. Because of their diffuse and still partially nomadic presence, the existing legal instruments are inappropriate to effectively accommodate Romani needs because they are still ensuing from a Westphalian paradigm which identifies one people in relation with a precise territorial area. Indeed, these legal instruments either apply to social groups traditionally resident in a country (“old” minorities) or to migrants (“new” minorities) but cannot apply to Roma who on the one hand are traditionally living in Europe (as “old” minorities) and on the other hand are still moving from one country to the other (as “new” minorities). This study investigates the possibility of identifying a minimum European set of rights for Roma by means of two complementary conceptual frameworks. The first comparatively identifies best legal practices at the national levels, whereas the second, taking into account the specific distinctive features of Roma compared to other groups, proposes the adaptation of international legal instruments designed for indigenous people to Roma as a ‘European transnational people’. In its comparative part, this study analyzes the legal protection of Roma in terms of, linguistic, social-economic and cultural rights as well as in terms of political representation. The proposal for adapting indigenous peoples’ rights draws from the case of Sami in Northern Scandinavia as the only example of a European indigenous people living transnationally in Europe. The results of this study contribute, both theoretically and practically, to the scientific debate on the protection of non-territorial minorities and of indigenous people in Europe.

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46

chiu, chris, and 邱文忠. "The Legal Status of Artificial Islands." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/49736566666796759092.

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47

Peng, Yi-Jhen, and 彭怡蓁. "The Legal Status and Responsibilities of Architects." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/01093495752968579168.

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48

Brand, Christopher John. "The legal status of part-time employees." Thesis, 2015. http://hdl.handle.net/10210/14170.

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49

XU, CHUN-ZHEN, and 許春鎮. "A study on the legal status of stevedores." Thesis, 1987. http://ndltd.ncl.edu.tw/handle/33691895628962341055.

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50

Chen, Hsin Hsing, and 陳信行. "The Legal Status of Technological Neutrality in GATS." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/46185268017770466263.

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碩士
國立清華大學
科技法律研究所
103
In “U.S - Gambling” case and “China - Publications and Audiovisual Products” case, Members and the panels mentioned the principle of “technological neutrality” in their plaints and reports respectively. Some Members urged that Mode 1 under the GATS encompasses all possible means of supplying services, whether by mail, telephone, Internet etc., unless otherwise specified in a Member's Schedule. They noted that this is in line with the principle of technological neutrality. The other members, otherwise, urged that the task of ascertaining the meaning of a Member's Schedule involves identifying the common intention of Members as a counterplea. In addition, they also urged that the principle of technological neutrality is contrary to the principle of progressive liberalization. However, the Panel and the Appellate body did not put the arguments down. There are two purposes in this thesis. One is to clarify the meaning of the principle of technological neutrality which has been widely discussed in the field of GATS. The other is to establish the legal grounding to the principle of technological neutrality from GATS, since the principle itself is still neither the case law or codified in GATS yet. As to the establishment of the legal grounding to the principle itself, it might be helpful as references for Members who would like to claim “technological neutrality” in their plaints for future disputes. At last, as the clarification as well as the quick start, the discussion and the application of this thesis only go to the “scope of the commitment” and the equal treatment of the equal services under “national regulatory of ICT”. Other fields such as “the like services” are not included.

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