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Title: Family Dependency Drug Courts: An Empirical Test of Therapeutic Jurisprudence.
Creator: Lindsey-Mowery, Elizabeth, Reynolds, Kenneth, Surette, Raymond, Eastep, Mary, Winton, Mark, Zhang, Ning, University of Central Florida
Abstract / Description: The rise in cases of child abuse and neglect over the past two decades has overwhelmed the nation's dependency court and child welfare agencies. While multiple factors are associated with child abuse and neglect, it is indisputable that substance abuse plays a significant role. The families that come into the dependency system with substance abuse issues are substantially more difficult and challenging to serve. Consequently, the families experience low levels of reunification and high levels...
Show moreThe rise in cases of child abuse and neglect over the past two decades has overwhelmed the nation's dependency court and child welfare agencies. While multiple factors are associated with child abuse and neglect, it is indisputable that substance abuse plays a significant role. The families that come into the dependency system with substance abuse issues are substantially more difficult and challenging to serve. Consequently, the families experience low levels of reunification and high levels of child welfare recidivism. In response to the increase in dependency cases involving substance abuse and the inability of the traditional dependency courts (TDC) to handle these cases, Family Dependency Drug Courts (FDDC) were created.The study utilized Therapeutic Jurisprudence Theory to examine differences in child welfare outcomes between substance abusing individuals served in a traditional dependency court system versus the therapeutic jurisprudence driven Family Dependency Drug Court system. Logistic regression, ANOVA and Chi-square were performed on a non-random sample derived from court systems in two Central Florida counties to examine two child welfare outcomes, specifically reunification rates and child welfare recidivism.The findings indicate that substance using participants in the FDDC have much higher rates of reunification than comparable substance using participants processed through the traditional dependency court. Also, of the individuals who attended FDDC, those who graduated were reunified at a significantly higher rate than those that didn't graduate. In regards to child welfare recidivism within a one year time period, there was not a statistically significant difference when comparing the FDDC participants and the TDC participants. When comparing the FDDC participants who completed the program versus those that failed to complete the program, while the child welfare recidivism rates were not significantly different, there is some evidence that the participants that completed the FDDC program experience less child welfare recidivism than those that don't have the full experience of therapeutic jurisprudence. This research lends some support for both the FDDC program and the explanatory power of Therapeutic Jurisprudence Theory. Theoretical and policy implications, as well as further research, are proposed and discussed.
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Date Issued: 2013
Identifier: CFE0005027, ucf:49983
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFE0005027

Title: IDEOLOGICAL VOTING ON THE SUPREME COURT: AN ANALYSIS OF JUDICIAL ACTIVISM ON THE BURGER AND REHNQUIST COURTS, 1969-2004.
Creator: Larsen, Tiahna, Lanier, Drew, University of Central Florida
Abstract / Description: The influence of ideology and attitudes on the decision-making process of Supreme Court justices has been well documented, such that the attitudinal model has emerged as the dominant paradigm for understanding judicial behavior. When ideology and personal preferences seem to eclipse legal factors, such as adherence to precedent and deference to the democratically-elected branches, outcries of Ã‚Â"judicial activismÃ‚Â" have occurred. Previous studies ...
Show moreThe influence of ideology and attitudes on the decision-making process of Supreme Court justices has been well documented, such that the attitudinal model has emerged as the dominant paradigm for understanding judicial behavior. When ideology and personal preferences seem to eclipse legal factors, such as adherence to precedent and deference to the democratically-elected branches, outcries of Ã‚Â"judicial activismÃ‚Â" have occurred. Previous studies (Lindquist and Cross 2009) have operationalized judicial activism and have provided measures for studying behavior that may be considered activist (as opposed to restrainist), further supporting the premise that ideology trumps other extra-attitudinal and legal factors in the judicial decision-making process. While the attitudinal model indicates that ideology is the strongest predictor of judicial decision-making, this research will include a number of legal variables that have significantly influenced justicesÃ‚Â' votes. As previous studies have demonstrated, an integrated model that combines a number of critical variables can have more explanatory power than one that relies on attitudinal reasons alone (Banks 1999; Hurwitz and Stefko 2004; Mishler and Sheehan 1996). As such, the purpose of this research is to examine individual level decision-making of the most ideological justices on the Burger and Rehnquist Courts (1969-2004) in regards to their activist behavior to overrule legal precedents and invalidate federal statutes. This research will employ multivariate regression analysis to assess the effects of attitudinal, legal and extra-attitudinal factors in the judicial decision-making process.
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Date Issued: 2010
Identifier: CFE0003287, ucf:48531
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFE0003287

Title: DOMESTIC VIOLENCE: THE NEED FOR INTEGRATED AND SPECIALIZED COURTS IN THE NINTH JUDICIAL CIRCUIT OF ORANGE AND OSCEOLA COUNTY, FLORIDA.
Creator: Caldero, Rose, Milon, Abby, University of Central Florida
Abstract / Description: Over the last 30 years, the justice system has increased attention toward domestic violence. In many states, the emphasis has emerged to a specialization, separate dockets and specially trained judges (Center for Court Innovation 2009). Domestic violence courts have evolved, however the Ninth Circuit Court in Orange and Osceola County has yet to adopt this concept. At present, the Osceola County Courthouse utilizes the Unified Family Court (UFC), an integrated comprehensive approach which...
Show moreOver the last 30 years, the justice system has increased attention toward domestic violence. In many states, the emphasis has emerged to a specialization, separate dockets and specially trained judges (Center for Court Innovation 2009). Domestic violence courts have evolved, however the Ninth Circuit Court in Orange and Osceola County has yet to adopt this concept. At present, the Osceola County Courthouse utilizes the Unified Family Court (UFC), an integrated comprehensive approach which handles all cases simultaneously addressing the families involved in disputes, as well as the adults and the children of domestic violence. The Orange County Courthouse on the other hand, has the court rooms on one designated floor of the Orange County Courthouse which is dedicated to domestic relation's cases. There are (3) specialized judges for domestic violence cases which rotate every (6) months. This thesis will explore the different challenges that are faced by the judicial system in domestic violence courts in Orange and Osceola County. One of those challenges is that there is no set "model" to develop a consistency in practices and policies; therefore there is no mutual understanding or agreement for the purposed outcome. With the study of case law, statutes, court research, court observation, and goal assessments, this thesis will explore the possibilities of change in this court system. The purpose of this study is to contribute awareness, present recommendations to the legal system, and state that it is not enough -although critical- to focus on the victim's safety and the offender accountability, but also it is crucial to place an emphasis on specially trained judges and stakeholders in order to create a more unified structure.
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Date Issued: 2014
Identifier: CFH0004596, ucf:45229
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFH0004596

Title: 1859 Florida Court Indictment.
Creator: Florida. Circuit Court (Jackson County)
Date Issued: 1859
Identifier: DP0012821
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/DP0012821

Title: THE ADJUDICATION OF PRESIDENTIAL POWER IN THE U.S. SUPREME COURT:A PREDICTIVE MODEL OF INDIVIDUAL JUSTICE VOTING.
Creator: Curry, Todd, Lanier, Drew, University of Central Florida
Abstract / Description: The interaction between the President and Congress is many times quite public and well documented (Cronin 1980; Covington et al. 1995; Fisher 1994; Schlesinger 2004). Similarly, relations between the Congress and the Supreme Court are well documented; Congress makes law and, if requested, the Court interprets it. The interaction between the president and the Court, however, is not nearly as well defined, and certainly not as public. Supreme Court cases involving the president directly are...
Show moreThe interaction between the President and Congress is many times quite public and well documented (Cronin 1980; Covington et al. 1995; Fisher 1994; Schlesinger 2004). Similarly, relations between the Congress and the Supreme Court are well documented; Congress makes law and, if requested, the Court interprets it. The interaction between the president and the Court, however, is not nearly as well defined, and certainly not as public. Supreme Court cases involving the president directly are fairly rare. King and Meernik (1995) identify 347 cases involving the foreign policy powers of the president, decided from 1790 to 1996, which is roughly 1.5 cases per calendar year. This study will examine the influence of attitudinal and extra-attitudinal factors on the individual level decision-making of the U.S. Supreme Court justices in cases involving presidential power. By using both attitudinal and extra-attitudinal factors, such as public opinion and armed conflict, this study will explore the limitations of a simple attitudinal model in complex and highly salient cases such as those that involve presidential power. The cases to be examined will be all presidential power cases decided from 1949 to 2005 (N = 38). The unit of analysis will, however, be the justice's individual-level vote (N = 337).
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Date Issued: 2006
Identifier: CFE0001202, ucf:46953
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFE0001202

Title: 'LET HER BE TAKEN': SEXUAL VIOLENCE IN MEDIEVAL ENGLAND.
Creator: McNellis, Lindsey, Larson, Peter, University of Central Florida
Abstract / Description: Rape and its impact on medieval women, as conceived by society and the law, have yet to receive extensive treatment. By analyzing not only rape cases, but evolving laws and the impact of the Church on views of sexuality and marriage and thus its influence on attitudes towards rape, this study shows that women were much more than victims and society, or the courts, reacted accordingly. Covering the years 1200 to 1250, this thesis examines secular court cases taken from the general eyre records...
Show moreRape and its impact on medieval women, as conceived by society and the law, have yet to receive extensive treatment. By analyzing not only rape cases, but evolving laws and the impact of the Church on views of sexuality and marriage and thus its influence on attitudes towards rape, this study shows that women were much more than victims and society, or the courts, reacted accordingly. Covering the years 1200 to 1250, this thesis examines secular court cases taken from the general eyre records of Yorkshire, Gloucestershire, Lincolnshire, Warwickshire, Berkshire, Wiltshire, Worcestershire and Staffordshire. Cases taken from the King's Bench and canon courts, including Canterbury, also provide an illustration of the process of rape litigation. Legal treatises, both canon and secular, serve as the foundation for the procedures required in either court system and show that rape was a punishable offense. However, society had difficulty viewing rape as a personal crime against a woman as opposed to a crime against her family and that is when it actually thought that sexual violence occurred. While still available to them, women used the rape laws to push their agendas and concerns onto the court – revenge, choice of marriage, justice. In court records, the heavy burden of proof and the high rate of dismissals support this conclusion. Women persevered through the inherent disadvantages presented by a patriarchal system and achieved a measure of control over their lives. This is evidenced by the nearly equal success and failure rates in the records examined; 33 percent ended in acquittal or dismissal, while 31 percent provided women with some closure. The passage of the Statutes of Westminster, by removing a woman's right to prosecute rape and marry the accused, also convincingly illustrated that women held a degree of power that was unacceptable to society.
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Date Issued: 2008
Identifier: CFE0002170, ucf:47519
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFE0002170

Title: MODELS OF INFRINGEMENT:THE COMMISSION OF THE EUROPEAN UNION AND ITS RELATIONSHIP WITHEUROPEAN UNION MEMBER STATES.
Creator: Cram, Richard, Reichert, Shawn, University of Central Florida
Abstract / Description: This thesis is designed to explore the complex question of compliance within the European Union. The European Union relies on the voluntary submission of it members to rules that the organization sets up. Other international organizations operate through this dynamic as well. As such, it is highly important to shed light, through research, on why states comply with the rules set forth by the organizations they belong to. Why do states comply in the European Union? There are many channels of...
Show moreThis thesis is designed to explore the complex question of compliance within the European Union. The European Union relies on the voluntary submission of it members to rules that the organization sets up. Other international organizations operate through this dynamic as well. As such, it is highly important to shed light, through research, on why states comply with the rules set forth by the organizations they belong to. Why do states comply in the European Union? There are many channels of research currently looking at this question. This thesis seeks to examine the European Commission's role in ensuring compliance in the European Union. The Commission is the chief enforcer and monitor within the European Union; as such, it is a critical component in the examination of state's compliance behavior. In order to examine the question of compliance within the European Union a researcher is forced to look at an alternative variable. Compliance is not measurable in a direct fashion and thus some proxy measure must be constructed in order to research it. The conduct of the Commission with regards to suspected and actual Member State violations of treaty obligations offers such a variable. Using data drawn from a variety of sources including the European Commission itself and a framework of research drawn from Mbaye's Why National States Comply with Supranational Law (2001) this thesis finds that no single explanatory variable is responsible for Member State compliance with the rules and laws of the European Union. Rather several factors are at work and must be looked at. This thesis finds moderate support for several hypotheses sourced from the extant literature on the subject of compliance through the models proposed herein. Other hypotheses do not hold up as well under scrutiny.
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Date Issued: 2005
Identifier: CFE0000539, ucf:46431
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFE0000539

Title: THE LASTING EFFECTS AND ANALYSIS OF THE SUPREME COURT'S DECISION IN: THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS.
Creator: Esposito, Devin, Wood, Robert, University of Central Florida
Abstract / Description: The purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper...
Show moreThe purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper will then discuss the background of the Affordable Care Act, the procedural history of the case, and the majority's analysis supporting its decision. The concurring and dissenting opinions of the other justices will be discussed to present the various viewpoints regarding the proper role of the federal government and the implications this case may have on federal/state conflict. The Supreme Court ruled in favor of the Department of Health and Human Services. The 5-4 decision was extremely close and the opinions given by each Justice highlighted the various flaws and benefits of the Act it was looking to uphold. Further research of Supreme Court cases in our country's history reveal the trend of augmenting and diminishing state's rights. This thesis will examine the constitutionality of the aforementioned decision, the effects it will have on each of the states within the United States, and the impact the citizens will experience.
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Date Issued: 2013
Identifier: CFH0004372, ucf:45012
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFH0004372

Title: CONSTITUTIONALITY OF DRUG POSSESSION AS A STRICT LIABILITY CRIME: AN ANALYSIS OF FLORIDA'S DRUG STATUTE.
Creator: Watson III, Davis, Cronon, Chad, University of Central Florida
Abstract / Description: The United States has a drug issue that is perpetually problematic. Efforts are being made on every level of government to reduce drug use and deter current and potential future users. Some of these efforts however are putting citizen's rights at risk in a manner that threatens the United States Constitution that hails over both the state and federal governments. My thesis will examine Florida's avant-garde approach to simplifying drug convictions through unprecedented legislation that has...
Show moreThe United States has a drug issue that is perpetually problematic. Efforts are being made on every level of government to reduce drug use and deter current and potential future users. Some of these efforts however are putting citizen's rights at risk in a manner that threatens the United States Constitution that hails over both the state and federal governments. My thesis will examine Florida's avant-garde approach to simplifying drug convictions through unprecedented legislation that has already been ruled unconstitutional on its face by the United States District Court for the Middle District of Florida. The decade long struggle will soon culminate in the Florida Supreme Court, and if found unconstitutional, could potentially impact thousands of inmates among other legal consequences. Through literature review and case study I will discuss the history of this issue and conclude by discussing possible rulings of the Florida Supreme Court in State v. Adkins, SC11-1878 (2D11-4559, 2nd DCA). In addition, I will analyze the case timeline that led to the legislative action which is being called into question in Adkins. I hypothesize that the ruling in Adkins will declare Florida's drug statute unconstitutional; however, I further presume that the currently incarcerated defendants will continue to serve their sentences virtually unaffected by the ruling, with some extraordinary exceptions. First, I will discuss the underlying legal premises, succeeded by an analysis of all pertinent case law and literature to assess the constitutionality of Florida's drug statute to further support my hypothesis. My goal for this thesis is to give perspective to the layperson as well as contribute to the statewide legal community through my organization of the subject, and analysis of case law.
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Date Issued: 2012
Identifier: CFH0004255, ucf:44929
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFH0004255

Title: FLORIDA NONPARTISAN TRIAL COURT ELECTIONS: AN ANALYSIS OF VOTER TURNOUT AND BALLOT ROLL-OFF.
Creator: Fagan, Shannon L, Jewett, Aubrey, University of Central Florida
Abstract / Description: This research explains the variance in voter turnout and ballot roll-off in county and circuit nonpartisan judicial elections in Florida from 2014 and 2016. Based on theory, a collection of constituent (demographic and socioeconomic), candidate, competition, and contextual variables is gathered to construct four regression models. Two full regression models were constructed for turnout and roll-off and analyzed using SPSS software, in addition to two best regression models analyzing five...
Show moreThis research explains the variance in voter turnout and ballot roll-off in county and circuit nonpartisan judicial elections in Florida from 2014 and 2016. Based on theory, a collection of constituent (demographic and socioeconomic), candidate, competition, and contextual variables is gathered to construct four regression models. Two full regression models were constructed for turnout and roll-off and analyzed using SPSS software, in addition to two best regression models analyzing five statistically significant variables found within each full model. Presidential year elections and higher populations age 65 and up had positive impacts on voter turnout, while primary elections, campaign expenditures, and populations of minor (other) party registered voters had statistically significant negative effects on turnout. Increases in ballot roll-off were associated with presidential year elections, and populations with more college degrees, higher median household income, and higher percentages of voters registered with no party affiliation or minor political parties. Roll-off decreased in primary elections. While various contextual, competition, and constituent variables had significant impact on both turnout and roll-off in Florida judicial elections, candidate characteristic variables had no significant impact on differences in voter turnout and ballot roll-off.
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Date Issued: 2018
Identifier: CFH2000296, ucf:45840
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFH2000296

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

Title: STUDY OF WHETHER UNITED STATES SUPREME COURT SEX-DISCRIMINATION JURISPRUDENCE IS WELL-GROUNDED IN FOURTEENTH AMENDMENT LEGISLATIVE HISTORY.
Creator: King, Jerrell, Slaughter, David, University of Central Florida
Abstract / Description: The purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the...
Show moreThe purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the statutes, codes, and amendments are ambiguous or unclear, judges and justices should use the legislative history to ascertain the intent of the framers of the legislation. The methodology that was employed for this thesis was through the researching of all relevant United States Supreme Court cases as to what was written by the Justices in their opinions. Research was conducted into the relevant law review articles on the subject of legislative history of the Fourteenth Amendment, Supreme Court sex-discrimination jurisprudence, and the historical impact of Court decisions on the law relative to sex-discrimination. After extensive research, it was discovered that the United States Supreme Court has established over 144 years' worth of sex-discrimination jurisprudence. The law review article research revealed that the lack of legislative history research by the Court has not gone unnoticed by the legal community or the women's rights community since the Fourteenth Amendment was originally drafted. The research and analysis of the sources of sex-discrimination from cases, law review articles, and books on the subject, led to the conclusion that no Fourteenth Amendment legislative history was ever used by the Supreme Court of the United States as part of its development of sex-discrimination jurisprudence.
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Date Issued: 2013
Identifier: CFH0004327, ucf:45045
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFH0004327

Title: THE DUALITY OF FLORIDA'S CRIMINAL PRETRIAL DIVERSION PROGRAMS:A SEPARATE TREATMENT COURT FOR VETERANS.
Creator: Van Zandt, David, Milon, Abby, University of Central Florida
Abstract / Description: This thesis examines two issues facing Florida's young and fledgling Veteran Treatment Courts. First is whether or not a separate hybrid court of already existing mental health and drug courts is needed exclusively for veterans; and second, funding and efficiency of such courts as compared to traditional criminal institutions.
Date Issued: 2012
Identifier: CFH0004189, ucf:44843
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFH0004189

Title: INTEGRATING THEORY, PRACTICE AND POLICY: THE TECHNICAL EFFICIENCY AND PRODUCTIVITY OF FLORIDA'S CIRCUIT COURTS.
Creator: Ferrandino, Joseph, Wan, Thomas T.H., University of Central Florida
Abstract / Description: In 1998, Florida voters approved Article V, Revision 7, which changed the funding mechanism of the state circuit court system from a county/state mix to state responsibility. The change was implemented as planned in the 2004/05 fiscal year. Although increased efficiency was a key goal of Revision 7, to date no published studies exist on the impacts of Revision 7 on circuit or system efficiency and/or productivity. This work analyzes Revision 7, integrating the larger debate of increasing...
Show moreIn 1998, Florida voters approved Article V, Revision 7, which changed the funding mechanism of the state circuit court system from a county/state mix to state responsibility. The change was implemented as planned in the 2004/05 fiscal year. Although increased efficiency was a key goal of Revision 7, to date no published studies exist on the impacts of Revision 7 on circuit or system efficiency and/or productivity. This work analyzes Revision 7, integrating the larger debate of increasing judgeships or improving efficiency.The study is a full performance analysis of the Florida circuit courts from 1993 through 2008 that can benchmark the system's future efficiency and productivity. In that respect, top performers are identified. The study follows the evolution of court studies from their rational origins to the more recent orientation of open-natural systems. Resource dependency and institutional theory, two open-natural system frameworks, are utilized to predict that Florida's circuit courts have become more efficient over the period since the implementation of Revision 7. The efficiency outcomes are expected to be unequal across circuit sizes. Integrating a Florida debate to a larger one that transcends time and culture, productivity changes are expected to be a function of the number of judges that a circuit adds within a given year, controlling for other factors. The results of the study methodologies--data envelopment analysis, Malmquist Productivity Index, hierarchal regression analysis and analysis of covariance--reveal that only 3 of 300 DMU's in Florida are technically efficient; the mean IOTA score is .76. The Florida circuits did not improve efficiency and productivity as expected, in fact becoming significantly less efficient over time as a function of Revision 7. Small and medium-sized circuits lost efficiency, large circuits showed no change and there was a significant interaction between circuit size and Revision 7 period. Within the system overall, productivity fell by 2.7%, most noticeably in the small and medium-sized circuits. The number of judges a circuit added explained 32.2% of the variance in total factor productivity change. The largest system productivity losses followed both Revision 7 intervention years and the addition of the most judges in a single year. Analysis of covariance revealed that productivity increased only when no judges were added to a circuit, regardless of circuit size or time period (+2.6%). The addition of a single judge reduced average productivity by 8.6%; adding two judges reduced productivity by 10.5% and adding 3 or more judges reduced productivity by 16.2%. As judges were added, productivity declined in circuits of all sizes, but the drop was more pronounced in the small and medium-sized circuits. None of the circuits showed an increase in productivity from 1993 to 2008. Revision 7 has not increased circuit court efficiency or productivity in Florida. It is recommended that efficiency and productivity analyses be included in resource allocation decisions such as adding judgeships. More data on court structures and process are needed. Efficiency and productivity measures show that the current level of circuit court judgeships is sufficient.
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Date Issued: 2010
Identifier: CFE0003457, ucf:52888
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFE0003457

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

Title: THE FORGOTTEN THIRD BRANCH: THE SUPREME COURT, PUBLIC OPINION, AND THE MEDIA.
Creator: Pitchman, Adrien, Schmidt, Cynthia, University of Central Florida
Abstract / Description: The three branches of government rely on public engagement for the prosperity of the nation. Moreover, informed public opinion is a fundamental tenant of democracy. With that in mind, this paper aims to explore the relationship between the Judicial Branch and the public. Specifically, this paper examines and questions the Supreme Court's efficacy communicating with the public. American constituents are inundated on a daily basis by the clamor of D.C. politics. The twenty four hour news cycle...
Show moreThe three branches of government rely on public engagement for the prosperity of the nation. Moreover, informed public opinion is a fundamental tenant of democracy. With that in mind, this paper aims to explore the relationship between the Judicial Branch and the public. Specifically, this paper examines and questions the Supreme Court's efficacy communicating with the public. American constituents are inundated on a daily basis by the clamor of D.C. politics. The twenty four hour news cycle has given way to politicized headlines and exaggerated pundit commentary on contentious national issues. In a technological age where information is instant and the public has become accustomed to soundbites for education, the Supreme Court is left out of place. Both the Executive Branch and Legislative Branch converse directly with the public when necessary. Politicians frequently address their constituents or discuss complicated issues with voters first hand. However, the Supreme Court has rejected this strategy and instead relies almost exclusively on the press to relay their decisions. The judicial branch is the only third of our government without constant communication to the American people. As a result, the judiciary is relatively ignored by its citizens. By discussing a number of landmark cases since the turn of the century, this paper aims to analyze how those decisions were both announced to the public by the media and how the public received them. The Court has certainly adopted the press as an agent of communication. But is the media truly the proper outlet for the Court's rulings?
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Date Issued: 2015
Identifier: CFH0004771, ucf:45392
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFH0004771

Title: BULLYING: OUT OF THE SCHOOL HALLS AND INTO THE WORKPLACE.
Creator: Cooney, Lucretia, Huff-Corzine, Lin, University of Central Florida
Abstract / Description: The primary purpose of this study is to identify those people at most risk of being bullied at work. While much research is being conducted on school bullying, little has been conducted on workplace bullying. Using data gathered from a 2004 study conducted by the National Opinion Research Center for the General Social Survey, which included a Quality of Work Life (QWL) module for the National Institute for Occupational Safety and Health (NIOSH), linear regressions indicated significant...
Show moreThe primary purpose of this study is to identify those people at most risk of being bullied at work. While much research is being conducted on school bullying, little has been conducted on workplace bullying. Using data gathered from a 2004 study conducted by the National Opinion Research Center for the General Social Survey, which included a Quality of Work Life (QWL) module for the National Institute for Occupational Safety and Health (NIOSH), linear regressions indicated significant findings. As predicted, workers in lower level occupations, as ranked by prestige scoring developed at National Opinion Research, are more likely to be victimized. Data also suggest that being young, Black, and relatively uneducated may contribute to being bullied in certain situations. Future research is needed to examine influences of socio-economic, legal, and other demographic factors that may predict the chance of being bullied.
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Date Issued: 2010
Identifier: CFE0003235, ucf:48512
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFE0003235

Title: BRAVE NEW WORLD RELOADED: ADVOCATING FOR BASIC CONSTITUTIONAL SEARCH PROTECTIONS TO APPLY TO CELL PHONES FROM EAVESDROPPING AND TRACKING BY THE GOVERNMENT AND CORPORATE ENTITIES.
Creator: Berrios-Ayala, Mark, Milon, Abby, University of Central Florida
Abstract / Description: Imagine a world where someone's personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. Government entities have been doing this for years; they never cared if they were breaking the law or their moral compass of human dignity. Every day the Federal government blatantly siphons data with programs from the original ECHELON to the new series like PRISM...
Show moreImagine a world where someone's personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. Government entities have been doing this for years; they never cared if they were breaking the law or their moral compass of human dignity. Every day the Federal government blatantly siphons data with programs from the original ECHELON to the new series like PRISM and Xkeyscore so they can keep their tabs on issues that are none of their business; namely, the personal lives of millions. Our allies are taking note; some are learning our bad habits, from Government Communications Headquarters' (GCHQ) mass shadowing sharing plan to America's Russian inspiration, SORM. Some countries are following the United States' poster child pose of a Brave New World like order of global events. Others like Germany are showing their resolve in their disdain for the rise of tyranny. Soon, these new found surveillance troubles will test the resolve of the American Constitution and its nation's strong love and tradition of liberty. Courts are currently at work to resolve how current concepts of liberty and privacy apply to the current conditions facing the privacy of society. It remains to be determined how liberty will be affected as well; liberty for the United States of America, for the European Union, the Russian Federation and for the people of the World in regards to the extent of privacy in today's blurred privacy expectations.
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Date Issued: 2014
Identifier: CFH0004537, ucf:45187
Format: Document (PDF)
PURL: http://purl.flvc.org/ucf/fd/CFH0004537

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