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- Title
- THE PLIGHT OF BEING UNRECOGNIZED IN THE UNITED STATES: SHOULD UNDOCUMENTED IMMIGRANTS BE LICENSED TO DRIVE IN FLORIDA?.
- Creator
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Wilford, Jennifer, Cook, Kathy, University of Central Florida
- Abstract / Description
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The United States of America is facing an important decision. Should illegal immigrants be allowed to obtain driver's licenses? Thus far ten states and the District of Columbia as well as Puerto Rico have passed laws permitting this to come into fruition. The purpose of this thesis is to gain an understanding of the significance that licensing laws have on this country. This thesis will compare the views and beliefs of both the proponents and opponents to this law. This thesis also discusses...
Show moreThe United States of America is facing an important decision. Should illegal immigrants be allowed to obtain driver's licenses? Thus far ten states and the District of Columbia as well as Puerto Rico have passed laws permitting this to come into fruition. The purpose of this thesis is to gain an understanding of the significance that licensing laws have on this country. This thesis will compare the views and beliefs of both the proponents and opponents to this law. This thesis also discusses how Florida is deeply affected due to its large Hispanic immigrant population. This issue is laden with passion and emotion due to the desire of many to see this group of people that are currently undocumented, have the ability to lead a more normal life and conversely the fear that allowing licenses will give undocumented aliens privileges of citizens and encourage illegal immigration. The views on these laws are divided throughout the nation. The lawfulness is examined in reference to rewarding and promoting illegal immigration and the cumulative negative effects that this can have on this country. The driver's license requirements were analyzed for each individual state. News articles were researched and used to enrich the pros and cons on this topic. This research was then used to give a recommendation for Florida law.
Show less - Date Issued
- 2015
- Identifier
- CFH0004759, ucf:45377
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0004759
- Title
- A STINGING EFFECT: THE LEGAL IMPLICATIONS BITING INTO THE EFFECTS OF THE ZIKA VIRUS.
- Creator
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Bader, Keanu, Cook, Kathy, University of Central Florida
- Abstract / Description
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People are afraid of contagious diseases. The thought that disease can spread throughout an entire population tends to make people wary of their interactions with their surrounding environment. Hearing about, or even seeing pictures of mosquitoes can make people squeamish or even stimulate an itch. Throughout the ages, the reaction to contagious diseases has been to quarantine and isolate. From the bubonic plague to the 1918 "Spanish" flu, the protocol was to quarantine those infected and...
Show morePeople are afraid of contagious diseases. The thought that disease can spread throughout an entire population tends to make people wary of their interactions with their surrounding environment. Hearing about, or even seeing pictures of mosquitoes can make people squeamish or even stimulate an itch. Throughout the ages, the reaction to contagious diseases has been to quarantine and isolate. From the bubonic plague to the 1918 "Spanish" flu, the protocol was to quarantine those infected and isolate the rest. It may be this practice that inspired such precautions be taken by the public. Often these precautions are not warrantless and come to be second nature: Don't get too close to sick people who appear to sneeze or cough often; cover your mouth when sneezing or coughing; wash your hands frequently. In recent years, the world has encountered new outbreaks from not so new diseases: 2002 SARS. 2009 "Swine" Flu. 2014 both Measles and Ebola. 2016 Zika. To the public, it seems that the next disease may strike at any moment. It is often the government's duty to intervene and alleviate the damages. This thesis examines the legal aspects of the Zika virus and how past regulations have affected the spread of contagious diseases. In addition, it will examine past outbreaks of different diseases: how the country reacted, what policies were enacted, and how they relate to the current case of the Zika Virus.
Show less - Date Issued
- 2017
- Identifier
- CFH2000182, ucf:45943
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH2000182
- Title
- STICKS AND STONES: AN ANALYSIS OF THE IMPACT DOCTRINE IN FLORIDA.
- Creator
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Cuza, Carmen, Cook, Kathy, University of Central Florida
- Abstract / Description
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Within the last few decades, public opinion has greatly shaped the justice system to prevent "slippery slopes". This is most evident in the common law doctrine that restricts an alleged victim for recovering damages of emotional distress without notable physical manifestation in the eyes of a layperson�The Impact Doctrine. However, emotional distress is manifested in many psychological illnesses that do not require physical injury that are recognized as legitimate in psychology. This research...
Show moreWithin the last few decades, public opinion has greatly shaped the justice system to prevent "slippery slopes". This is most evident in the common law doctrine that restricts an alleged victim for recovering damages of emotional distress without notable physical manifestation in the eyes of a layperson�The Impact Doctrine. However, emotional distress is manifested in many psychological illnesses that do not require physical injury that are recognized as legitimate in psychology. This research explores the history of the rule and how it is inconsistent with not only areas of science; but also, other areas of the law. The purpose of this thesis is to explore alternatives to The Impact Doctrine. Through analysis of American common law, Florida common law, and British common law, it can be concluded that the British have found the best alternative to the rule that helps prevent "slippery slopes", while also bridging the gap between science and the law. By analyzing the LGBT (Lesbian, Gay, Bisexual, and Transgender) community and Civil Rights Actions, the LGBT community may bring a suit for emotional distress based upon a Civil Rights action.
Show less - Date Issued
- 2016
- Identifier
- CFH2000037, ucf:45583
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH2000037
- Title
- A SOLOMON LIKE DECISION: FACTORS IN DETERMINING CHILD CUSTODY FOR SAME SEX COUPLES IN FLORIDA AFTER DISSOLUTION OF A RELATIONSHIP OR MARRIAGE.
- Creator
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Alexander, Sydney, Cook, Kathy, University of Central Florida
- Abstract / Description
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Same sex couples around the nation have continually fought for their right to marry and in thirty-six states they have been given that right. What same-sex couples did not think to fight for was the right to divorce. There has been a considerable lack of focus on one such issue often left out of the public discourse over marriage equality: determining parental rights for the purposes of child custody/visitation in the context of a homosexual relationship that has broken down. The choice to...
Show moreSame sex couples around the nation have continually fought for their right to marry and in thirty-six states they have been given that right. What same-sex couples did not think to fight for was the right to divorce. There has been a considerable lack of focus on one such issue often left out of the public discourse over marriage equality: determining parental rights for the purposes of child custody/visitation in the context of a homosexual relationship that has broken down. The choice to have a child in a same-sex couple, with the exception of adoption, usually only allows for one parent to serve as the biological parent to the child. These options include: surrogacy, in vitro fertilization, and artificial insemination. What that means is that it leaves the other parent as the nonlegal and nonbiological parent in which they would be given no rights to the child if the relationship were to dissolve. After looking at many cases in Florida, the courts place a significant emphasis on biology in determining child custody in dissolution of marriage or relationship proceedings. In this thesis, we offer solutions in order to allow same-sex couples the equal parental rights they deserve even when they are not the biological parent of the child. Florida statutes have not been updated to reflect the changes in the law such as the recognition of same-sex marriage and the right for same-sex couples to adopt. Although restrictions on adoption and same sex marriages have been found unconstitutional, the implications of these changes in the law regarding custody and parental rights have not changed. Once the proposed solutions have been adopted, same-sex couples will be able to dissolve their relationships and marriages without fear of losing the custody and/or visitation rights to their child while still applying the best interest of the child standard used in heterosexual dissolution of marriage cases.
Show less - Date Issued
- 2015
- Identifier
- CFH0004768, ucf:45380
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0004768
- Title
- YOU'VE GOT MAIL: THE STUDY OF THE ATTORNEY-CLIENT PRIVILEGE AND THE USE OF ELECTRONIC MAIL.
- Creator
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McConnell, Justin, Cook, Kathy, University of Central Florida
- Abstract / Description
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The prolific use of the internet and electronic mail within the legal profession presents novel challenges to the application of the attorney-client privilege; especially, in regards to protecting intended confidential communications relayed through e-mail. This thesis addresses the question of whether an attorney in Florida, through electronic mail use, can waive his client's right to the protections of the attorney-client privilege. After a review of current case law, law review articles,...
Show moreThe prolific use of the internet and electronic mail within the legal profession presents novel challenges to the application of the attorney-client privilege; especially, in regards to protecting intended confidential communications relayed through e-mail. This thesis addresses the question of whether an attorney in Florida, through electronic mail use, can waive his client's right to the protections of the attorney-client privilege. After a review of current case law, law review articles, statutes, and texts, this thesis concluded that an attorney's communication through e-mail warrants a reasonable expectation of privacy, permitting the attorney to speak in reasonable confidence to clients through the web. However, attorneys, ethically, should consider the strong repercussions for using such a potentially transparent medium for communication. By examining the relationship between current law, the application of the attorney-client privilege, and a reasonable expectation of privacy, this study provides a comprehensive analysis for attorneys concerned with electronic mail usage. Lastly, this thesis provides attorneys with best practices for their electronic mail communications.
Show less - Date Issued
- 2011
- Identifier
- CFH0003832, ucf:44756
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0003832
- Title
- A NEW CRASH TEST: THE RISE AND FALL OF FLORIDA MOTOR VEHICLE NO-FAULT LAW.
- Creator
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Colquitt, James, Cook, Kathy, University of Central Florida
- Abstract / Description
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Florida is one of 12 states that have a no-fault law. The first party benefit coverage is known as personal injury protection (PIP). Every policy sold in the state must include at least $10,000 in personal injury protection. This law went into effect in 1971 and is now being challenged. Changes in consumer, lawyer, and doctor behavior as well as changes in the legal and economic environment have diminished the positive impact of the no-fault law. This thesis will focus on the diminished...
Show moreFlorida is one of 12 states that have a no-fault law. The first party benefit coverage is known as personal injury protection (PIP). Every policy sold in the state must include at least $10,000 in personal injury protection. This law went into effect in 1971 and is now being challenged. Changes in consumer, lawyer, and doctor behavior as well as changes in the legal and economic environment have diminished the positive impact of the no-fault law. This thesis will focus on the diminished effectiveness of the no-fault law in Florida. It will be based on research from primary sources. Other legal resources including law review articles and journal publications were consulted for persuasive scholarly views. Published work from insurance institutes and journals were included since they guide practitioners on the application of the law. Insurers, insureds and policymakers face serious challenges regarding Florida Motor Vehicle No-Fault Law. The purpose of this thesis is (1) to review the legislative history of Florida Motor Vehicle No-Fault Law, (2) to assess how well the current system is working (3) examine solutions to compensation from other states and provide relevant data and (4) make recommendations for future legislation. This thesis will recommend proposed changes with guidelines for future legislation to effect the changes necessary to balance the needs of the insurance companies, plaintiffs and defendants.
Show less - Date Issued
- 2014
- Identifier
- CFH0004558, ucf:45154
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0004558
- Title
- THE FLORIDA JURY: TECHNICAL EVIDENCE AND BIAS.
- Creator
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Albaugh, Andrew, Cook, Kathy, University of Central Florida
- Abstract / Description
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The recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what...
Show moreThe recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what biases regarding highly specialized evidence have arisen must also be examined and addressed. Furthermore, solutions designed to increase a jury's comprehension and decrease their bias must be discussed and propagated. The purpose of this thesis is to explore the answers to those questions and provide potential solutions to the issues facing the modern Florida jury. Law journals, statutes, and case law all suggest that juror comprehension decreases substantially when faced with highly complex evidence. Biases are also commonly associated with these forms of evidence and are leading towards unfair verdicts. Despite these problems, there are solutions that are readily available in the areas of alternative dispute resolution. Further solutions may be created through a revision of the jury instruction process. This thesis seeks to raise awareness of the problems facing the Florida jury and contribute solutions that are practical and easily used.
Show less - Date Issued
- 2013
- Identifier
- CFH0004427, ucf:45098
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0004427
- Title
- THE CONSTITUTIONALITY OF THE OCCUPY MOVEMENT.
- Creator
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Lopez, Yoe, Cook, Kathy, University of Central Florida
- Abstract / Description
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The Occupy movement has spread over hundreds of cities nationwide and over 1,500 cities around the world. The movement is formed around a common goal, which is to protest the way government actions or inactions have rooted widespread discontent. The Occupy movement has encountered opposition from the cities and counties where it is located. Arrests have been made for a number of violations of city and county codes including resistance to police orders and disorderly conduct charges. In our...
Show moreThe Occupy movement has spread over hundreds of cities nationwide and over 1,500 cities around the world. The movement is formed around a common goal, which is to protest the way government actions or inactions have rooted widespread discontent. The Occupy movement has encountered opposition from the cities and counties where it is located. Arrests have been made for a number of violations of city and county codes including resistance to police orders and disorderly conduct charges. In our country, freedom of speech and the right to protest have been regarded as inalienable rights. The question becomes how to balance the rights of the people involved against the rights and obligations of the government. This thesis will provide an in depth look at the issues being discussed in cases and hearings involving the Occupy movement. The key issue plaintiffs argue is that their First Amendment rights are being infringed on. In January 2012, both international human rights and United States civil liberties experts at seven law school clinics across the country met and formed the Protest and Assembly Rights Project. The project investigated the United States response to Occupy Wall Street. This thesis will discuss and recap some of their findings. In addition, it will analyze the Federal Constitutional restrictions to protestor's rights and the cases that arise on the grounds of these restrictions, as well as examine how the courts interpret the First Amendment and clarify these issues along with defining protestor's constitutional rights. Based upon the Constitutional rights and legitimate restrictions, the thesis will make appropriate recommendations on the limits for both the protestors and the local government.
Show less - Date Issued
- 2012
- Identifier
- CFH0004299, ucf:44947
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0004299
- Title
- IMMIGRATION LAW AND ENFORCEMENT: THE ROLE OF STATES AND LOCAL AUTHORITIES.
- Creator
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Rodriguez, Yisell, Cook, Kathy, University of Central Florida
- Abstract / Description
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Immigration law and its enforcement are controversial and highly debated topics. States are increasing their role in the enforcement of immigration law by enacting laws that allow local law enforcement to function as immigration officers with the intent of decreasing the illegal alien population within their jurisdiction. The primary focus of this thesis is to determine whether state and local police have the legal power to enforce immigration laws that have been the jurisdiction of the...
Show moreImmigration law and its enforcement are controversial and highly debated topics. States are increasing their role in the enforcement of immigration law by enacting laws that allow local law enforcement to function as immigration officers with the intent of decreasing the illegal alien population within their jurisdiction. The primary focus of this thesis is to determine whether state and local police have the legal power to enforce immigration laws that have been the jurisdiction of the Federal Government for decades. There are two sides that are discussed in this thesis, the proponents who are in favor of increased participation and those who oppose it. The proponents argue that federal law has not preempted states from enforcing immigration law and that states have inherent authority to do this. The critics argue that this is unconstitutional because the constitution and other legal authorities grant exclusive power to the Federal Government in the area of immigration law. Through the analysis of constitutional provisions, case law and statutes, quantitative statistics, anecdotal evidence, federal and state programs, and governmental resources this thesis evaluates the current role of state and local authorities and proposes a different role for local jurisdictions in the enforcement of immigration law. Evidence shows that states are allowed to enforce some immigration laws but doing this has negative consequences for the people, the states, and the nation. Research shows that increased participation from local law enforcement leads to racial profiling, civil rights violations, and damages the relationship between the police and the community; therefore, the line between state and federal enforcement should be monitored carefully.
Show less - Date Issued
- 2012
- Identifier
- CFH0004209, ucf:44930
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0004209
- Title
- PARENTAL ACCOUNTABILITY FOR CHILDREN IN FLORIDA: EXAMINING THE OXYMORON OF PARENTAL LIABILITY.
- Creator
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Specoli, Marco, Cook, Kathy, University of Central Florida
- Abstract / Description
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This thesis examines the concept of parental liability and the effect it has in deterring juvenile delinquency, with an emphasis on Florida Law. It will also consider the concept's ability to properly compensate victims of juvenile offenses. The thesis focuses on the circumstances in which a parent or guardian may be liable for the actions of a child and how liability insurance law plays a key role in compensating innocent victims. It discusses Florida's public policy of seeking justice by...
Show moreThis thesis examines the concept of parental liability and the effect it has in deterring juvenile delinquency, with an emphasis on Florida Law. It will also consider the concept's ability to properly compensate victims of juvenile offenses. The thesis focuses on the circumstances in which a parent or guardian may be liable for the actions of a child and how liability insurance law plays a key role in compensating innocent victims. It discusses Florida's public policy of seeking justice by holding parents responsible and the problems that it faces by doing so. The thesis further examines what issues arise when parents are found vicariously liable for their negligence or contribution to a child's offense, but are not covered by liability insurance coverage or the insurers deny coverage.
Show less - Date Issued
- 2011
- Identifier
- CFH0004110, ucf:44866
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0004110
- Title
- THE WEAK REGISTRY: THE CONSTITUTIONALITY AND EFFECTIVENESS OF LEGAL RESTRICTIONS ON CONVICTED SEX OFFENDERS.
- Creator
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Medina, Andrea-Li, Cook, Kathy, University of Central Florida
- Abstract / Description
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Over the last few decades our society has moved towards restricting where sexual offenders can live, work, and overall congregate. This issue has been the focus of great public attention due to the media's role in bringing these offenders to the light. Whether it is through the news, movies, TV series, books, talk shows, newspapers articles, etc., these offenders are constantly being talked about. Every body of government in the United States has moved towards implementing restrictions that...
Show moreOver the last few decades our society has moved towards restricting where sexual offenders can live, work, and overall congregate. This issue has been the focus of great public attention due to the media's role in bringing these offenders to the light. Whether it is through the news, movies, TV series, books, talk shows, newspapers articles, etc., these offenders are constantly being talked about. Every body of government in the United States has moved towards implementing restrictions that are aimed at keeping sex offenders away from places where they are considered a potential danger. However, what it is not talked about is that in efforts to limit where sex offenders can live and work to ensure the safety of our society; we are isolating these offenders and hindering their reintegration into our society. By isolating sexual offenders from our society we are doing more harm than good because we are discriminating and not working to fit the needs of each individual offender. One size does not fit all. The intent of this thesis is to explore sexual offender legal restrictions, treatment, case law, constitutionality of these laws and to compare Florida's approach towards restriction of sexual offenders with other states. Through the analysis of case law and statutes, recidivism rates, and treatment options this thesis will evaluate what different approaches should be taken towards aiding the reintegration of sexual offenders into our society. This thesis will provide background information on sexual offenders, compare legal restrictions among states, give an analysis of sexual offender websites, and provide recommendations to a better approach in treating sexual offenders. By raising awareness to the unfairness of treatment of sexual offenders, this thesis aims to open a new gateway to determine more successful ways to rehabilitate sexual offenders.
Show less - Date Issued
- 2012
- Identifier
- CFH0004175, ucf:44826
- Format
- Document (PDF)
- PURL
- http://purl.flvc.org/ucf/fd/CFH0004175