Golden Gate University

Golden Gate University School of Law: Digital Commons
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    7044 research outputs found

    THE RELATIONSHIP BETWEEN THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY WITH REFERENCE TO NON-PERFORMANCE OF TREATY

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    The crisis of non-performance of international treaties in international law constitutes a fundamental challenge to the main foundation of international law, which ought not to be ignored. With treaty being a key source of international law, is it expedient that we pay attention to non-performance of treaty obligations, less we undermine the integrity of international law. Enforcing the performance of international treaties can be challenging due to the decentralized nature of the international legal system and the principles of state sovereignty. The law of treaties by itself doesn’t seem to provide much forum for responsibility for non-performance of treaties and that is one of the reasons the ILC draft articles on responsibility of states for internationally wrongful acts is very important. The onus of treaty performance continues to remain Pacta sunt servanda, which reflects that states are bound to fulfill their commitments under a treaty. This general principle of law underlies the entire system of treaty-based relations between subjects of international law. This is why one of the first references to Pacta sunt servanda in an international legal instrument, was made in the Vienna Convention of the law of treaties. This principle implies that states are meant to take necessary steps to see to compliance of their treaty obligations without invoking any restrictions, except those allowed by law. Howbeit, good faith has its limits in enforcing obligation as change is bound to sometimes occur, which could alter the desire or ability to perform. The formation of the rules of state responsibility and more so the circumstances precluding wrongfulness conceptualized therein expanded the range of opportunities for adapting to future developments. Also, the formation of specialized treaty regimes raises various questions as to the applicability of the law of state responsibility as a provision of general international law to specialized treaty regimes such as human right conventions. Therefore, this dissertation analyses and discusses the connection between the law of treaties and the law of international responsibility, attempting to examine certain selected issues that significantly and negatively impact the performance of treaty obligations. The aim of this study is to uphold the sanctity of the treaty system in international law. The issues selected for discussion will include the functional separation of the law of treaties and the law of state responsibility: Is the functional separation between the law of treaties and the law of international responsibility airtight or is it porous, and does it matter? Can the formal distinction be maintained and if so, to what end? Furthermore, to what extent do treaties containing specific provisions on secondary rules exclude the application of the general rules of international responsibility? And what role does the law of responsibility have (if any) in respect to treaties within specialized regimes such as that set up their own compliance mechanisms, or if a state enters into an international agreement with a non-state actor and either party breaches the agreement, as well as questions on the applicability of the rules of state responsibility to human right conventions Using other sources of international law, particularly case law, this dissertation will analyze the problems arising between the two institutions as it pertains to performance of treaty obligations. The methodology to be utilized will entail utilizing historical and comparative study, conducting doctrinal research for deeper understanding of sources of international law, and conducting doctrinal research on secondary rules, to achieve both general comparative research and for further research on the development of the integrity of the law of treaties leading to significantly more scenarios or avenues for better performance of treaty obligations

    Assessing Public Support for Generative AI Legislation in California

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    This study investigates the current climate of public opinion among California voters regarding proposed legislation to establish safety protocols and safeguards for the use of generative artificial intelligence (GenAI) in state government operations. As the rapid advancement of GenAI has outpaced the development of comprehensive regulatory frameworks, there is a pressing need to examine whether voters would endorse or reject such legislative proposals upon being informed about the absence of adequate safety measures. The relevant literature surrounding the study informed of proposed safety guidelines for this innovative technology, but no forcing mechanisms or current legislation to support them. Utilizing a mixed-methods approach involving surveys and expert interviews, the research aims to ascertain the potential impact of informing the public about the importance of pre-deployment testing, cybersecurity practices, hacking protections, emergency shut-off commands, and restrictions on deepfakes generated by AI. By assessing public support for these proposed safeguards, the study seeks to inform policymaking and raise awareness about the responsible development and deployment of transformative GenAI technologies

    Priority-based Budgeting – Addressing an Agency\u27s Priorities and Increasing Accountability and Transparency

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    This research paper focuses on the public agency\u27s budget process model. The budget process is a powerful tool to help policymakers make informed decisions to achieve their promised or expected results. It also enables public administrators to manage public programs and efficiently respond to community needs. Will priority-based budgeting (PBB) create positive benefits for an agency during unexpected events or emergencies, empower its administrator to swiftly allocate resources towards essential programs, and enhance transparency in financial disclosures while ensuring accountability for its actions? This research study used a mixed methodology involving qualitative and quantitative data collection methods in the form of surveys, questionnaires, interviews with subject matter experts, and participant observation. The study explores the priority-based budgeting process and its potential to assist an agency in meeting the community\u27s needs, allocating resources more effectively, and enhancing accountability based on outcomes. The analysis drawed on relevant literature to shed new light on the efficiency of priority-based budgeting in municipal governance

    Effectiveness of Technology Access and Use to Mitigate Social Isolation of Seniors in Monterey County, CA

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    The Centers for Disease Control identifies isolation and loneliness as severe public health risks that affect older adults and increase their risk of chronic health conditions (Loneliness and Social Isolation Linked to Serious Health Conditions, 2021). In Monterey County, 39% of seniors experienced isolation or loneliness in the past year (Polco, 2023). This mixed-methods research study explores the impact of technology use on mitigating loneliness, enhancing information access, and stimulating mental activity among seniors (O\u27Sullivan et al., 2017). With survey data from 95 seniors and ten 1-on-1 interviews, findings show positive effects on social well-being (85%) and a high likelihood of recommending technology to others (96%). Challenges like poor internet connectivity were reported by 24% of respondents. Recommendations include addressing connectivity issues, enhancing data literacy and cybersecurity awareness training, and providing technical support. Effectively implementing and using technology can significantly reduce social isolation and improve overall well-being among seniors, urging further research to address connectivity issues. The results could inform decision-makers on prioritizing funding for the aging population and combating isolation and loneliness

    Evaluating Workforce Development and Training Programs in Lodi and their Impact on Median Household Income

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    The City of Lodi’s median household income is below the State of California and among the lowest for cities in San Joaquin County. Economic development is a key strategic imperative for the Lodi City Council, with a goal to raise the median income of Lodi residents to the top 25% of the State. This research paper focuses on the current workforce development and training programs and their impact on the median household income. The study employs a mixed-methods approach incorporating qualitative and quantitative data collection and analysis to either accept or reject the hypothesis. Based on the findings of the study, it will be determined if the alignment of workforce development and training programs with emerging industries, free entrepreneurship support, or additional resources for the Lodi Adult School and Delta College partnership will lead to an increase in the median household income. Literature review will inform the research by supporting or not supporting the assumptions and findings presented in the study. The study has the potential to evaluate existing programs available and influence policy to support, improve or modify them

    Enhancing Veterans\u27 Benefits Application Process and Healthcare Access by Use of Digital Medical Records

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    This study addresses the inefficiencies in the disability benefits application process for veterans, focusing on the potential benefits of providing digital medical records from the Department of Defense (DoD) to the Department of Veteran Affairs (VA). The research examines whether the integration of digital medical records can improve veterans\u27 access to benefits and healthcare. Utilizing a case study approach within the New Jersey Veterans Benefits Administration (VBA), this mixed-methods research combines both quantitative and qualitative analyses. The quantitative data was collected from veterans through surveys, while qualitative insights were gathered through interviews with key informants, including a veteran service representative, a veteran service officer, a VA budget analyst, and a nurse practitioner. The findings suggest that digital records can reduce delays in care, lower financial burdens by streamlining the application process, and improve the identification of health trends. However, barriers such as data security concerns and system incompatibilities remain significant challenges. This study concludes that the implementation of digital medical records has the potential to significantly improve veterans\u27 experiences by expediting access to care and benefits, while also contributing to broader advancements in public administration and healthcare systems

    Leaving Halfway: Examining the Loss of the Mid-career Federal Employee Within the Department of the Army

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    The research paper contained takes an in-depth look at the current recognized departure of employees from the Department of the Army civilian work force, at the midway point of their career timelines. This departure has both a large effect on the departing employees who are leaving their progress towards a federal retirement on the table while also causing the federal organization to lose valuable experience which takes years to cultivate. Multiple studies and papers have been previously written on this human resources topic due to its outsized impact on both the federal workforce and the efficiency of the government. These previously completed reviews of the problem will guide this research paper on narrowing down the concerns that cause the mid-career professional to leave. The research examining this captioned problem will be conducted using a targeted and focused survey with specifically constructed questions presented utilizing an online survey provider, (Survey Monkey) to a very active online forum specifically for federal employees of the Department of the Army. A combination of both qualitative and quantitative data from existing research will also be reviewed alongside the survey results in order to determine if my initial theory of change and the assumptions that I have predicted are supported or determined to be unsupported. The results of this research paper could potentially be utilized by senior management at the Department of the Army in order to make their retention and succession planning more efficient, effectively stemming the near-constant loss of seasoned and experienced employees

    Sustainable Management of Municipal Drinking Water Services: A Case Study of Daly City, CA

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    This study aimed to investigate the impact of infrastructure upgrades, sustainability practices, fair billing systems, and community engagement initiatives on the quality, affordability, and sustainability of drinking water in Daly City. Grounded in a Theory of Change, the study sought to understand how these independent variables influenced dependent variables such as water quality, affordability, and responsible water use. By reviewing the literature on water management, affordability, and sustainability, the study identified areas for improvement in Daly City\u27s practices. Assumptions suggested that infrastructure investments improved water quality, fair billing systems eased financial burdens, and community engagement promoted responsible water use. Data was collected through surveys with 97 residents and interviews with 5 subject matter experts (SMEs). Quantitative findings highlighted residents\u27 perspectives on water quality, affordability, and sustainability, while qualitative insights from SME interviews provided a deeper understanding of municipal water management practices. Triangulating these findings aimed to comprehensively understand factors affecting drinking water in Daly City. The study\u27s implications are valuable for policymakers, urban planners, and communities facing similar challenges, aiming to inform decision-making and support sustainable water management practices

    San Francisco Police Department Response to the Tenderloin State of Emergency

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    Breaking the Chains: Impact of a Timely and Holistic Approach to Veteran Homelessness in San Francisco, CA

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    This research project delves into the complexities of veteran homelessness in San Francisco, exploring three critical themes and proposing possible solutions that could yield a more desirable outcome. The theory of change asserts that if San Francisco Department of Veterans Affairs provided timely access to sustainable housing for veterans experiencing homelessness, it would lead to increased participation in mental health programs, increased participation in employment services, and long-term self-supported housing for homeless veterans. The study examines the assumptions and key factors influencing this theory, highlighting the role of resource allocation, timely access to Permanent Supportive Housing (PSH), and the correlation between homelessness and mental illness through a mixed-method research approach. Drawing on global and regional perspectives, the review emphasizes the urgent need for a holistic approach that combines housing, mental health, and employment services to break the cycle of veteran homelessness in San Francisco. Relevant research will inform this study by providing evidence-based insights and best practices from similar interventions, ensuring that the proposed solutions are grounded in proven strategies and contextualized to address the unique challenges faced by veterans in San Francisco

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    Golden Gate University School of Law: Digital Commons is based in United States
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