3,631 research outputs found

    The Dublin Regulation and Systemic Flaws

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    This Comment will discuss the systemic flaws in the Dublin Regulation and in the Member States asylum procedures, as well as the need for specificity in the definition of the systemic flaws; discussed in the Dublin Regulation. Section II will explain the history and source of obligation underlying the Dublin Regulation, and will also detail its development since its inception. Section III will explore the meaning of systemic flaws found in Article 3 of the Dublin Regulation. Section III will also discuss the cases decided by the European Court of Human Rights ( ECtHR ) and the European Court of Justice ( ECJ ), pertaining to systemic flaws; and how those cases have influenced the Dublin Regulation. Section IV will analyze the early warning mechanism found in Article 33 of the Regulation, and the role of mutual trust in EU law, and the impact on the function of the Regulation. Section IV will also explore the practical application of the Dublin Regulation, and the current solutions the EU has tried to implement in Greece, Italy, and Hungary. Lastly, Section V will propose changes to the Dublin Regulation, which includes a specific definition of what systemic flaws are, an automatic barring of sending refugees to a country that is found to have systemic flaws, and exploring a fair and equal sharing system to alleviate the burden on border countries

    An Architectural Pattern for Adaptable Middleware Infrastructure

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    Middleware technologies change so rapidly that designers must adapt existing software architectures to incorporate new emerging ones. This project proposes an architectural pattern and guidelines to abstract the communication barrier whereby allowing the developer to concentrate on the application logic. We demonstrate our approach and the feasibility of easily upgrading the middleware infrastructure by implementing a sample project and three case studies using three different middlewares on the .NET framework

    TRANSFORMATIONAL AND TRANSACTIONAL LEADERSHIP OUTCOMES ON THE CITY OF OAKLAND BY DEMOGRAPHICS

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    This study utilized a quantitative method, using surveys of workers in the public sector in the City of Oakland to determine the barriers that make it difficult to manage performance and tackle complex issues of that organization. Further, this study delved into the possibility for these leaders to create transactional or transformational environments in this sector. The goal was to find issues that make it difficult for public-sector executives to lead effectively; that is, the goal was to discern factors that prohibit executives from delivering high-quality and efficient services to the public and developing change management. This survey is vital toward understanding the dynamics of public sector leadership theory. The survey distributed to more than 5,000 City of Oakland employees with the expectation of a 0.5% response rate. The researcher sent an email to potential participants through the Multifactor Leadership Questionnaire (MLQ) with associated demographic questions to establish race, income, gender, age, position hierarchy, seniority, education level, and department. This method allowed City of Oakland staff to offer insights without the anxiety of retaliation and under the cover of anonymity. The survey approach allowed the researcher to gain a comprehensive understanding of a large pool of participants in a short duration of time. The results from this study showed that, in general, it is not intended to encourage the cataloging of a leader as Transformational or Transactional. Instead, it is suitable to classify a leader or a collection of leaders as (i.e.) “more transformational than the norm”or “less transactional than the norm.” Our research shows certain demographics and how certain groups lean towards transformational or transactional leadership styles

    Nonstate Actors and International Law: Just War Theory or the Universal Declaration of Human Rights?

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    There is a debate taking place within the global war on terror (GWT), and its legal and moral parameters are established by two basic arguments. The first is that “Citizens who associate themselves with the military arm of the enemy government, and with its aid, guidance and direction enter this country bent on hostile acts are enemy belligerents within the meaning of the Hague Convention and the law of war” (Ex parte Quirin, 37). The second is that an “Enemy combatant” is a general category that subsumes two sub-categories: lawful and unlawful combatants. The conclusion as it currently stands is that under international law only lawful combatants receive POW status and the protections of the Third Geneva Convention. Unlawful combatants, on the other hand, do not receive POW status and do not receive the full protections of the Third Geneva Convention (Haynes 2002, 2). Within the context and legal framework of the GWT nonstate actors may be treated differently from state actors when captured and interrogated (Haynes 2002, 2). The legal framework finds its basis in international law, which in turn finds its moral basis in part on conditions of just war theory (JWT). JWT requires combatants to possess legitimacy; to possess legitimacy a combatant must be a state actor; therefore, nonstate actors “do not receive Prisoner Of War status and do not receive the full protections of the Third Geneva Convention” (Haynes 2002, 2). My research question asks if JWT should be modified or abandoned in order to accommodate greater fairness toward armed nonstate actors, those individuals to whom we commonly refer, and legally define as terrorists? For two reasons the answer to this question is yes: (i) man has an inherent value that is not recognized under JWT, and (ii) the utility of criminal prosecutions for those engaged in political violence is higher relative to the desirability of the goal of greater peace, security, and stability. To arrive at my conclusion I traced the evolution of the school of thought that makes up JWT and I analyzed its applicability to modern international relations – specifically international relations in the context of nonstate actors. My analysis found that JWT is both still relevant in the twenty-first century and applicable to nonstate actors who challenge the modern state and international institutions with the use of force and JWT is not relevant in the twenty-first century and is thus inapplicable to nonstate actors who challenge both the modern state and international institutions with respect to the use of force. Nevertheless, given the supposed goals of international law, the international community and specifically the U.S. ought to treat nonstate actors as criminals and prosecute them accordingly. To engage in an ideological war like the GWT is to litigate anew the competing ideas of justice. Finally, in critically thinking through the substance of the logical syllogisms that make up both JWT and the Universal Declaration of Human Rights I find JWT is simply not universally valid as it is neither a metaphysical truth nor a transcendental one; therefore, JWT is important only insofar as it is understood to be but one way of seeing the world, not the universally correct way

    The Continuing Leverage of Releasing Authorities: Findings from a National Survey

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    The Robina Institute of Criminal Law and Criminal Justice launched a national survey of releasing authorities in March 2015 to each state, and the U.S. Parole Commission. The importance of the survey was underscored by an endorsement from the Association of Paroling Authorities International (APAI). We are pleased to present the results from this important survey here. This is the first comprehensive survey of parole boards completed in nearly 10 years. Its findings provide a rich database for better understanding the policy and practice of paroling authorities. The last survey to be conducted of paroling authorities was in 2007/2008.The current report offers an expansion and update of previous surveys. The results summarized throughout the report offer a timely resource for paroling authorities, correctional policy-makers and practitioners, legislators, and those with a public policy interest in sentencing and criminal justice operations. It is our hope that the document and its findings provide key justice system and other stakeholders with an incisive snapshot of the work of paroling authorities across the country in a manner that contributes to a larger conversation about sound and effective parole release and revocation practices.The completion of this comprehensive survey and the reporting of its findings offers a timely and invaluable resource for releasing authorities. It provides them and other key justice system stakeholders with a comparative understanding of their colleagues' work across the nation, and contributes to a larger conversation pertaining to effective parole release and revocation practices

    HIV-Negative Partnered Men's Willingness to Use Pre-Exposure Prophylaxis and Associated Factors Among an Internet Sample of U.S. HIV-Negative and HIV-Discordant Male Couples

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    Purpose: Research on male couples' willingness to use pre-exposure prophylaxis (PrEP) is critically lacking. Methods: A cross-sectional 2011 Internet survey collected dyadic data from 275 HIV-negative and 58 HIV-discordant male couples to describe 631 HIV-negative partnered mens' willingness to use PrEP and associated couple-level demographic and behavioral factors with multivariate multilevel modeling. Results: Fifty-three percent were very to extremely likely to use PrEP. Willingness was positively associated with being in a mixed race and behaviorally non-monogamous relationship, and with amyl nitrate use with sex outside the relationship. Willingness was negatively associated with having a college education. Conclusion: Prevention efforts should educate male couples about the potential benefits of PrEP.Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/140159/1/lgbt.2014.0092.pd
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