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PANUA PARTNERS IN HOPE, NAIVASHA, KENYA: LEGAL AND DOMESTIC RELATED CHALLENGES
Title
PANUA PARTNERS IN HOPE, NAIVASHA, KENYA: LEGAL AND DOMESTIC RELATED CHALLENGES.
Creator
Holman, Keisha, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
The complexities of issues existing in Kenya create a domino effect directly affecting not only the effective management and economic growth of Kenya, but also social and legislative constraints to the lower socioeconomic classes. Land dispossession, proof of ownership to property and nationality are ongoing troubling issues affecting increased orphans and vulnerable children (OVC) in Kenya, most noticeably within predominantly poverty stricken rural enclaves. This research focuses on the...
Show moreThe complexities of issues existing in Kenya create a domino effect directly affecting not only the effective management and economic growth of Kenya, but also social and legislative constraints to the lower socioeconomic classes. Land dispossession, proof of ownership to property and nationality are ongoing troubling issues affecting increased orphans and vulnerable children (OVC) in Kenya, most noticeably within predominantly poverty stricken rural enclaves. This research focuses on the bold move of stakeholders of Trinity United Methodist Church in Naivasha, Kenya partnering with First United Methodist Church of Winter Park, Orlando, United States of America. In 2010, they conceptualized Panua Partners in Hope, a transformational ministerial assisted non-profit organization program. These churches recently established support to orphans and vulnerable children (OVC) in Naivasha, Kenya. Decisively apply all their available resources to stem the varying issues these orphaned and vulnerable children (OVC) are facing. Whereby, the program is designed to teach self-sufficiency, wealth creation through sustainable income generation and entrepreneurship, and religious relationship development. Continued education is a key component of which Panua mandates. Ongoing (learning) education ensures each child remain in school - (basic, primary and secondary school levels). In addition to ensuring orphans and vulnerable children (OVC) are legally aware of their civil, human and property rights. Conversely, these issues being perpetual worldwide challenges, however, the aim of this research is to specifically address its impactive progression on orphans and vulnerable children (OVC). Thus, outlining their local conditions, the provisions of governmental policies, and assistance, or lack thereof to remedy such current challenges. Additionally, the research will outline reformed constitutional statutes despite being ratified, have not addressed the major issues currently impinging on the freedom and rights of rural communities in Naivasha, Kenya.
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Date Issued
2014
Identifier
CFH0004640, ucf:45319
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004640
ALIEN TORT STATUTE: A DISCUSSION AND ANALYSIS OF THE HISTORY, EVOLUTION, AND FUTURE
Title
ALIEN TORT STATUTE: A DISCUSSION AND ANALYSIS OF THE HISTORY, EVOLUTION, AND FUTURE.
Creator
Yodlowski, Shane, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
The Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this...
Show moreThe Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this thesis to be an academic discussion of the mysterious history, intent, and court cases that have evolved the ATS; and the way in which the evolution took place. Having lain dormant for almost two decades, it is important to understand how the ATS was finally utilized and how this affected the statutes' ability to become a tool for human rights persecution abroad; until the decision in Kiobel v. Royal Dutch Petroleum. Examining the language of two opinions by the District Court of the Second Circuit and the Supreme Court in Kiobel we will be able to understand, but reject, the arguments of both these courts.
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Date Issued
2014
Identifier
CFH0004615, ucf:45293
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004615
EXPLORING THE LEGAL LIABILITY OF GENETICALLY MODIFIED ORGANISMS AND THEIR IMPACT ON SOCIETY
Title
EXPLORING THE LEGAL LIABILITY OF GENETICALLY MODIFIED ORGANISMS AND THEIR IMPACT ON SOCIETY.
Creator
Davis, Jarrett, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
Controversy surrounds the use of Genetically Modified organisms (GMOs): whether the process of developing GMOs should be allowed, and if so, how they should be labeled. Efforts by activist groups have caused food associated with GMOs to carry a stigma, but farmers across the nation are fighting to continue to grow GMO crops and maximize their yield. In the 1970's, GMOs were credited for assisting in the attempt to defeat world hunger and had a positive image. However, there has been a recent...
Show moreControversy surrounds the use of Genetically Modified organisms (GMOs): whether the process of developing GMOs should be allowed, and if so, how they should be labeled. Efforts by activist groups have caused food associated with GMOs to carry a stigma, but farmers across the nation are fighting to continue to grow GMO crops and maximize their yield. In the 1970's, GMOs were credited for assisting in the attempt to defeat world hunger and had a positive image. However, there has been a recent trend toward political and consumer resistance of food items that contains GMOs. A prediction of an abrupt population increase, combined with sudden climate changes, present further complications for world hunger, and make GMOs even more essential in today's society. Additionally, farmers must now consider certain potential legal liabilities when buying seed, planting crops, and marketing their crops. This thesis will examine United States federal and state law to review how courts have ruled on tort claims in order to determine the potential and future liabilities that farmers producing GMO crops might face. This thesis will also examine the regulations by the United States Food and Drug Administration (FDA) and the federal laws they must comply with to determine if they need to be increased or if they are sufficient. Scientific studies will be used to assess the health risks associated with the consumption of GMOs and the impact they have on the environment. This thesis will also examine the First Amendment to determine how GMO foods should be labeled, so as to not interfere with consumers' right to know if their food was genetically modified. Also, it will look at the impact labeling may have on the price of food in the United States, if mandated. Lastly, in order to understand the role that GMOs might play in the future with an increasing population, this thesis will review the work of Dr. Borlaug and how the implementation of GMOs assisted in alleviating a hunger crises in the 1970's when the supply of food could not meet the demand.
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Date Issued
2015
Identifier
CFH0004730, ucf:45358
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004730
SAME-SEX MARRIAGE: A FUNDAMENTAL RIGHT
Title
SAME-SEX MARRIAGE: A FUNDAMENTAL RIGHT.
Creator
Smith, Stefen, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
Same-sex marriage is a subject that has been heavily discussed and argued since the concept of marriage came into existence. Marriage is a relationship that most American citizens are entitled to although it is not yet a fundamental right. As of a very recent court decision, Strawser v. Strange, Civil Action No. 14-0424-CG-C finalized on February 9, 2015, Alabama has legalized same-sex marriage; furthermore, thirty-seven states now recognize the legality of same-sex marriage. Marriage,...
Show moreSame-sex marriage is a subject that has been heavily discussed and argued since the concept of marriage came into existence. Marriage is a relationship that most American citizens are entitled to although it is not yet a fundamental right. As of a very recent court decision, Strawser v. Strange, Civil Action No. 14-0424-CG-C finalized on February 9, 2015, Alabama has legalized same-sex marriage; furthermore, thirty-seven states now recognize the legality of same-sex marriage. Marriage, whether it is between a heterosexual or a homosexual couple, should be a fundamental right enjoyed by all. This thesis will explain why same-sex marriage should be a fundamental right. The research presented in this thesis will be scrutinized and thoroughly examined showing the obstacles that same-sex couples face when wanting to legally marry. The United States Constitution, the Due Process Clause, and the Equal Protection Clause will be analyzed and discussed to prove that all fifty states should allow same-sex couples to wed. Citizens view what constitutes a marriage differently depending on their upbringing and residence. This thesis will illustrate why same-sex marriage has been such a widely discussed topic, and it will investigate the influence of religion and the church. Historically, the tradition of marriage has always been between one man and one woman. By examining how the tradition of marriage is changing and using case law decisions, an argument can be formed that marriage should be a fundamental right for all people.
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Date Issued
2015
Identifier
CFH0004779, ucf:45391
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004779
HAS THE PENDULUM SWUNG TOO FAR?: A LEGAL EVALUATION OF FLORIDA'S CHILD ABUSE AND NEGLECT REGISTRY
Title
HAS THE PENDULUM SWUNG TOO FAR?: A LEGAL EVALUATION OF FLORIDA'S CHILD ABUSE AND NEGLECT REGISTRY.
Creator
Debler, Julianna, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
Over the past several years, increasing public emphasis on preventing child maltreatment has resulted in substantial changes to Florida's child abuse and neglect central registry. Many of these recent changes, aimed at preventing child maltreatment, have resulted in over one million false, unsubstantiated, and inconclusive reports of child abuse and neglect within the last decade. While the information held in reports may be useful for identifying and preventing potential child abuse or...
Show moreOver the past several years, increasing public emphasis on preventing child maltreatment has resulted in substantial changes to Florida's child abuse and neglect central registry. Many of these recent changes, aimed at preventing child maltreatment, have resulted in over one million false, unsubstantiated, and inconclusive reports of child abuse and neglect within the last decade. While the information held in reports may be useful for identifying and preventing potential child abuse or neglect, due process concerns have been raised with regards to the process of placing a person's name in a report without providing a hearing for challenging or removing inaccurate information. Focusing on Florida law, this research concentrates on: 1) the child maltreatment reporting process, 2) the procedures for maintaining reports, and 3) the accessibility of these reports in order to determine whether due process constitutional rights are protected under Florida's child abuse and neglect reporting laws. The intent of this thesis is to analyze the occurrence of unsubstantiated cases of child maltreatment, incidences of false reporting, and legal remedies available for those wrongfully accused of abusing or neglecting a child. Through the analysis of case law, federal and state statutes, available statistics, child abuse resources, and personal interviews with members of the Florida Legislature, evidence shows that due process constitutional rights are not protected under Florida's child abuse and neglect reporting laws. By raising awareness of the areas of child protection that require legal re-evaluation, this thesis aims to discover the balance between protecting children from harm and protecting adults from the severe ramifications resulting from false and improper allegations of child abuse and neglect.
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Date Issued
2012
Identifier
CFH0004267, ucf:44944
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004267
CUBA'S DEEPWATER DRILLING OPERATIONS: UNITED STATES RELATIONS, LEGALITIES, AND FUTURE
Title
CUBA'S DEEPWATER DRILLING OPERATIONS: UNITED STATES RELATIONS, LEGALITIES, AND FUTURE.
Creator
Walker, Olivia, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
After the calamitous and environmentally devastating occurrence of the Deepwater Horizon Oil Spill in the Gulf of Mexico in 2010, the sobering realities of the United States' failure to successfully protect its ocean waters have caused several modifications in policy, legislation, and overall direction ofthe entire nation. Although there has been a general shift towards ecological safety and away from the pursuit to drill, oil-drilling explorations have continued to take place in...
Show moreAfter the calamitous and environmentally devastating occurrence of the Deepwater Horizon Oil Spill in the Gulf of Mexico in 2010, the sobering realities of the United States' failure to successfully protect its ocean waters have caused several modifications in policy, legislation, and overall direction ofthe entire nation. Although there has been a general shift towards ecological safety and away from the pursuit to drill, oil-drilling explorations have continued to take place in international waters. This research will focus on the future operations of Repsol YPF, S.A., a Spanish oil company stationed in Cuba, whose drilling ambitions have caused a myriad of problems for the United States. The intent of this paper is to investigate the legalities surrounding Cuba's forthcoming deepwater oil drilling plan within the Florida Straights and how the existing relations between Cuba and the United States will shape the outcome. The majority of United States officials, senators, and policymakers are experiencing a great deal of anxiety and apprehension as Cuba's oil drilling plan continues to solidify. Recent changes in legislation and congressional opinion display the United States' overall objective to shape the manner in which the drilling operations will be carried out. This thesis will ultimately explore what progress the United States has made thus far in the sector of dialogue with Cuban officials, the various options the United States could seek in regards to taking part in the drilling operations that will soon commence in Cuba, and the current risks involved with the entirety of the drilling endeavor.
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Date Issued
2012
Identifier
CFH0004232, ucf:44956
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004232
REAL ESTATE LAW:THE AMERICAN DREAM TRANSFIGURED INTO THE AMERICAN MORTGAGE CRISIS
Title
REAL ESTATE LAW:THE AMERICAN DREAM TRANSFIGURED INTO THE AMERICAN MORTGAGE CRISIS.
Creator
Aguiar, Maricruz, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
Real Estate law is the body of rules and regulations with legal codes that concern ownership, development and transactions. Real Estate has grown to be one of the main contributors to the nation's financial system. For decades, the housing market has been such an integral part of the economy. Unfortunately, in the beginning of the twenty-first century lax regulatory oversight led the nation to an economic collapse. Indeed, federal, state and local governments have become heavily involved in...
Show moreReal Estate law is the body of rules and regulations with legal codes that concern ownership, development and transactions. Real Estate has grown to be one of the main contributors to the nation's financial system. For decades, the housing market has been such an integral part of the economy. Unfortunately, in the beginning of the twenty-first century lax regulatory oversight led the nation to an economic collapse. Indeed, federal, state and local governments have become heavily involved in solving the downward spiral in the economy. This research focuses on the mortgage crisis in order to show how Real Estate law can in fact, restore the economy when the government has a balance between regulations and market discipline. The intent of this thesis was to study the occurrence of the mortgage crisis, the regulatory authorities and the legal effects of the housing market. Through the analysis of case law and statutes, data, previous recessions, and economic indicators, this thesis examines the key factors in our legal system that should drive reform in our economy. Results suggested that greater efforts to a regulatory structure generate a secure financial system. Thus, the purpose of this thesis is not only to solve our current mortgage crisis but also to mitigate or prevent future crises.
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Date Issued
2012
Identifier
CFH0004215, ucf:44927
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004215
A HISTORICAL VIEW OF CUBAN IMMIGRATION POLICY
Title
A HISTORICAL VIEW OF CUBAN IMMIGRATION POLICY.
Creator
Castro, Sarah, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
Cuba is a communist country an estimated population of 11,075,244(2013), Cuba is located about ninety-three miles south of Key West, Florida. Cuba has been ruled by the communist regime of Fidel Castro, and now his younger brother Raul Castro. For over fifty years this regime has forced a major increase in the amount of people migrating to the United States. The regime has been disregarding basic human rights for decades and oppressing Cuba's citizens. Hundreds of thousands of Cubans have...
Show moreCuba is a communist country an estimated population of 11,075,244(2013), Cuba is located about ninety-three miles south of Key West, Florida. Cuba has been ruled by the communist regime of Fidel Castro, and now his younger brother Raul Castro. For over fifty years this regime has forced a major increase in the amount of people migrating to the United States. The regime has been disregarding basic human rights for decades and oppressing Cuba's citizens. Hundreds of thousands of Cubans have come to the United States using boats, rafts, or any means available. The Cuban Adjustment Act of 1966 (amended in 1994 to contain the Wet Foot, Dry Foot Policy) states that if Cubans trying to reach the United States are intercepted at sea, they will be sent back to Cuba, or a third country. If they make it to United States soil, they will have the chance to start the journey to becoming citizens of the United States. Many Cubans die at sea trying to reach the United States for this chance at citizenship. There have been attempts to implement immigration policy in the past. President Obama is now trying to reform current immigration laws. What effects could a new immigration policy have on Cuban immigration versus the legislation put forth in the past? This study will be an examination and analysis of past and Cuban immigration policy and issues. This research paper utilizes government websites, news articles, presidential addresses, books and various sources to address this question. My hope is that this study will help to explain the impact past policies and reform had on Cuban immigration, and the impact proposed policy and current issues may have in the future.
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Date Issued
2013
Identifier
CFH0004517, ucf:45215
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004517
JUSTICE: THE USE OF FOOD, EDUCATION, AND THE LAW TO COMBAT HUMAN TRAFFICKING IN SUB-SAHARAN AFRICA
Title
JUSTICE: THE USE OF FOOD, EDUCATION, AND THE LAW TO COMBAT HUMAN TRAFFICKING IN SUB-SAHARAN AFRICA.
Creator
Grandchamps, Nicholas, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
Human trafficking is an ever-growing crime in this century. It is estimated that there are 29.8 million slaves around the world today�16.36% of which are located in sub-Saharan Africa. The sub-Saharan region is a region in which human trafficking is combatted ineffectively due to a lack of food, lack of access to education, lack of post-education opportunities and lack of proper legislation. This thesis explores the environment in which human trafficking is taking place in sub-Saharan...
Show moreHuman trafficking is an ever-growing crime in this century. It is estimated that there are 29.8 million slaves around the world today�16.36% of which are located in sub-Saharan Africa. The sub-Saharan region is a region in which human trafficking is combatted ineffectively due to a lack of food, lack of access to education, lack of post-education opportunities and lack of proper legislation. This thesis explores the environment in which human trafficking is taking place in sub-Saharan Africa, and proposes potential changes that will theoretically disallow human trafficking to take place in the region. The only way in which an environment conducive to trafficking in persons will ever change is through establishing partnerships amongst governments, non-governmental organizations (NGOs), and other international organizations. Through the analysis of case law from the United Nations Human Trafficking Case Law Database, data from the World Bank, the United States State Department Trafficking in Persons Reports, the United Nations Global Reports on Human Trafficking, and various reports from NGOs, this thesis evaluates the approaches taken by various governments in sub-Saharan Africa to change the environment in which human trafficking thrives. Through raising awareness of the environment of sub-Saharan Africa, and by describing three ways in which human trafficking can be combatted effectively, such as the use of food, education, and the law, this thesis contributes not only to the legal discipline, but also to helping combat trafficking in persons effectively throughout the world.
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Date Issued
2014
Identifier
CFH0004584, ucf:45203
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004584