Law and legislation

The purpose of this study was to examine and describe the relationship between a school's percentage of African American students enrolled and the placement of an African American principal for all of Florida's K-12 traditional public schools during the academic year 2010-2011. This study also sought to determine if this relationship was moderated by each school's level, size, letter grade, socioeconomic status (FRL), gender of principal, as well as gender and race of the presiding district superintendent. Lastly, the relationship between each moderator variable and the placement of African American principals was examined. The ultimate objective was to determine if limited opportunities still widely exist in the placement of African American principals throughout Florida. ... From a legal perspective, although Brown and its progeny of civil rights laws valiantly set out to eliminate race and racism from schools and in the workplace, the findings revealed that race continues to be a factor in determining inequity in principal placements.

the decades after World War II the United States became the most prosperous nation in the world. Yet, that prosperity and growth had a negative impact on the environmental quality of the nation. By the mid 1960s there was a rise in concern over environmental issues in the American public. Consequently, President Richard M. Nixon in his determination to give the American people what they sought decided to enact policies to bring the environmental crisis to an end. Among the environmental policies of the Nixon Administration was the Clean Air Act of 1970, a highly controversial piece of legislation that placed tough regulations on the automobile industry. Due to the significant role of the auto industry in the American economy, and Nixon's concerns over reelection, there were two major shifts in business/government relations during this era. The first one was characterized by determination to protect the environment with little attention to complaints from the industry. The second one was about protecting the profitability of the industry while giving little attention to environmental problems.

Recently, empirical attention has been directed toward understanding public opinion about gun control laws. Despite this focus, three gaps are evident in extant scholarship. First, few current examinations have relied on recently collected, national data to explore predictors of public attitudes. Second, relatively little work systematically investigates whether type of weapon bans (e.g. handgun versus semi-automatic weapon) affects public support for a given gun control initiative. Third, and importantly, the general focus in prediction support for gun control measures has been on social and demographic factors. Little is known from a theoretical perspective about how other variables - such as knowledge of Constitutinal issues or perceptions of the U.S. Supreme Court - affect public attitudes toward gun control. Using national poll data collected in 2011 by Time magazine, this study addresses these research gaps by estimating several logistic regression analyses. Research and policy implications are discussed.

In the period leading up to the early 2000s there were a series of large company failures attributed at least in part to audit failures. Consequently, the Sarbanes Oxley Act (SOX) was promulgated in July 2002 to restore confidence in public company financial reporting and the work of auditors. The Public Company Accounting Oversight Board (PCAOB) was established by SOX and appointed as the regulator of the accounting firms that audit the financial statements of public companies. The PCAOB is required to routinely inspect the operations of these accounting firms in an effort to satisfy its mandate to bring about an improvement in the audit quality of these companies. These inspections extend to the non-US auditors of companies that are cross-listed in the US. Despite various mainly US studies on inspections, there is limited evidence that the inspections have resulted in improved audit quality. ... I examine companies whose securities are cross-listed in the US in the periods before and after inspection in order to provide evidence on the benefits of inspections. I find some evidence that inspections improve the audit quality of companies that are cross-listed in the US. This suggests the audit quality of companies from countries that do not permit inspections may be positively affected should inspections be permitted.

The Sarbanes-Oxley Act made audit committees directly responsible for the appointment, compensation, and supervision of companies' auditors. Limited research in the auditor selection process and PCAOB inspections suggest that managers, not audit committees, may still be selecting the auditors, and that inspection reports are not useful. This study addresses both of these areas. This paper considers two theories of governance, Agency Theory and Institution Theory, to analyze the audit committee members' auditor selection process. The study examines whether Audit Committee Members use two specific types of audit quality indicators, other than managers' recommendation, in evaluating auditors. In a setting where the manager recommends the auditor, the auditors' inspection results (favorable/unfavorable) and a prior manager/auditor affiliation (absent/present) are manipulated in a between-subject research design, using financially literate professionals as a proxy for audit committee members. The study finds that audit quality perception and auditor selection are jointly determined. Inspection results are positively associated with audit quality perception and auditor selection. The nature of a manager-auditor affiliation is directly associated with audit quality perception and inversely related to auditor selection. Further, controlling for perception, audit committee members are more likely to recommend auditors with unfavorable inspection results, if a prior affiliation with management is present than if an affiliation is absent. Overall, the results indicate that audit committee members are diligent in evaluating auditors, and PCAOB inspection results are useful. The results of this study contribute to the audit committee effectiveness and PCAOB literature.

National Security Letters allow the Federal Bureau of Investigation to obtain records on individuals from corporations without prior judicial intervention or approval. Statutory changes, most significantly those resulting from the passage of the United States Patriot Act in 2001, have substantially altered the four different federal statutes from which National Security Letters originate. In creating these National Security Letters the government intended to protect its citizens from national security threats. This goal has been regarded historically as legitimate, but the legislation potentially limits rights, which raises the question of whether these letters are acceptable. Drawing on relevant case law and scholarly opinion, I argue that use of these letters is unacceptable and may render the Fourth Amendment's protection of person and property from unreasonable searches meaningless in certain federal investigations.

Within the last several years there has been a movement, ostensible spear-headed by pro-gun lobbyists, to remove the "duty to retreat" requirement placed on individuals confronted with deadly threats. Florida first passed stand-your-ground legislation in 2005, and has since been followed by at least 12 other states. Policy advocates claim that such a legal change should decrease crime, as a crime victims will no longer be legally encumbered by the duty to retreat. This study examines the reason why states adopted such legislation and the relationship between this legislation and crime. I find that stand-your-ground legislation is associated primarily with southern states and republican governors, and that such legislation does not significantly affect either violent crime or property crime rates in large U.S. cities.

The Supreme Court's Ruling in DeShaney v. Winnebago County Department of Social Services (1989) eld that "A State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause." (489 U.S. 189 at 197). A state child protection agency's failure to prevent near-fatal abuse of a four year old child under its supervision was not considered a violation of the child's fourteenth amendment rights. This thesis critcally examines the reasoning behind the majority decision in DeShaney ; and using feminist legal theory, discusses ways to effectively address state policy and liability when private violence is used on vulnerable citizens, challenging the arbitrary dichotomy between the public and private spheres.

The surge in granting equal rights to gays and lesbians in the United States is remarkable. Yet with this surge comes a conflict : the civil rights of gays and lesbians against the rights of religious individuals, predominantly Christians, refusing to tolerate a behavior they think immoral. My thesis focuses on two hypothetical situations : a county clerk refusing to issue a marriage license to an engaged lesbian couple and an inn owner refusing a night's stay to a gay couple. In both cases, the clerk and inn owner refuse service for religious reasons. Normatively, I argue that we must move beyond a framework of toleration to a system of equal respect and understanding of our fellow human beings. Legally, I argue that the rights of religious expression and exercise should not trump the civil rights of gays and lesbians in the public sphere.

This study assesses the philosophical underpinnings of endangered species protections focused on gopher tortoises in Florida. From 1993-2007, gopher tortoises (Gopherus polyphemus) were listed in Florida as a species of special concern. Land developers wanting to build on their habitats could apply for an incidental take permit, paying a fee that allowed tortoises to be 'entombed' in their burrows to die a slow death. In 2007, when gopher tortoise status was up-losted to 'threatened', a new policy ended the incidental take permit program. This study compares policy guidelines of the 1991 and 2007 gopher tortoise management plans and explores cases that deal with incidental take controversies. I will apply perspectives from environmental philosophy to my analysis to understand how policies attempt to balance economic goals with a mandate to protect species in peril.