Golden Gate University

Golden Gate University School of Law: Digital Commons
Not a member yet
    7044 research outputs found

    EXAMINING THE INTERNATIONAL CRIMINAL COURT AND ITS JURISDICTION IN AFRICA: DARFUR AS A CASE STUDY

    Full text link
    The International Criminal Court (ICC) was established as a permanent, independent institution to prosecute individuals who have orchestrated and executed the most serious crimes of international concern, including war crimes, crimes against humanity, genocide, and crimes of aggression. The Rome Statute is explicit on the role of the ICC in exercising criminal jurisdiction over perpetrators of these crimes. African countries were actively involved in creating the ICC and played a crucial role at the Rome conference when the Rome Statute was drafted and adopted. Africa currently represents the largest regional grouping of countries within the ICC’s Assembly of State Parties. However, the relationship between Africa and the ICC is currently characterized by distrust and the ICC’s foundation of restoring peace and justice seems to have been significantly weakened in Africa. One distinct exercise of the ICC’s jurisdiction in Africa is Darfur\u27s situation. The situation in Darfur is distinguished because although Sudan is a non-ratifying state to the Rome Statute, the ICC intervenes in the crisis in Darfur. The ICC draws its jurisdictional mandate in Darfur from Resolution 1593 adopted by the United Nations Security Council in 2005, based on Article 13 (b) of the Rome Statute. The situation in Darfur tests the relationship between the ICC and the African Union (AU) which has grown considerably thin. In examining the ICC and its jurisdiction in Africa, this dissertation traces the evolution of the ICC and analyses its jurisdiction as provided under the Rome Statute of the International Criminal Court. It examines the history between the ICC and Africa, especially concerning the ICC’s jurisdictional interventions in Africa. The dissertation conducts a secondary data analysis of available scholarship on the subject matter, identifying patterns and gaps in academic research. Using emerging African cases in Darfur, it analyses the ICC’s jurisdiction in Africa and the ongoing impasse, highlighting challenges and actionable recommendations for the future

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

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

    How Immigration Policies Have Contributed to the Exploitative Labor Practices in the City of Austin TX.

    Full text link
    Immigration policies on labor relations between employers and undocumented immigrants as employees is a historical issue that draws attention from academics and policymakers alike. This research proposal strives to explore how immigration policies influence labor market relations in Austin, Texas, with a particular focus on reducing the exploitation of undocumented immigrants. The study will employ a mixed methods approach that entails qualitative and quantitative data. In collecting qualitative data, key online surveys will be utilized. The survey data will be quantitatively analyzed through SPSS software. In analyzing and transcribing the qualitative data, thematic analysis will be used. A comparison and integration of emerging trends and patterns from both quantitative and qualitative data will offer comprehensive insights into the impact of immigration policies on exploitative tendencies by employers of undocumented immigrant workers in the city of Austin. Relevant literature on immigration policies and exploitative labor markets will inform the study findings

    Effectiveness of the Implementation of Multidisciplinary Telehealth Services to Decrease Wait Times at the San Francisco VA Medical Center – CA

    Full text link
    This study evaluates the effectiveness of implementing multidisciplinary telehealth services within the largest administration of the Department of Veterans Affairs (VA), the Veterans Health Administration (VHA), to decrease patient wait times. Wait times for healthcare services, particularly for mental health and specialized care, have been a persistent challenge affecting veterans’ health outcomes, and the introduction of telehealth has been proposed as a strategic solution. This research employs a mixed-methods approach, combining quantitative data analysis of wait time records with qualitative interviews/surveys with healthcare providers and patients. The research focuses on key aspects of reducing wait times for post-telehealth implementation, patient satisfaction, and accessibility of telehealth technologies across multiple disciplines. The quantitative analysis involves a comparative assessment of wait times before and after telehealth integration, using statistical methods to ascertain significant differences. Qualitatively, the study captures feedback from both providers and veterans regarding their experiences and the perceived impact of telehealth on accessibility and quality of care. This study provides critical insights into the scalability of telehealth services within the VHA and offers recommendations for optimizing telehealth practices to enhance healthcare delivery to veterans of the San Francisco VA Health Care System. The findings are expected to contribute to policy adjustments and operational strategies to improve the overall efficacy of the VA healthcare system in the San Francisco area

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

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

    Implementing a Specialized Housing Assistance Program for Veterans

    Full text link
    The distinctive needs of veterans, especially mental health and unstable housing during their transition to civilian life—a dedicated housing aid program plays a vital role. This study applied a Mixed-Methods research approach to assess the viability and impact of such a program. Surveys and interviews with 165 veterans yielded data (n = 150 quantitative, n = 15 qualitative). Financial planning services were approved by 76% of respondents, job training programs were endorsed by 90.7% and mental health counseling was stressed by 39.3%. All veterans (100%) concurred that having stable housing would greatly enhance their general and mental health. The study revealed how crucial comprehensive support services were to improving veterans’ long-term housing stability and mental health outcomes. This study intended to identify hurdles and establish more efficient techniques for providing veterans with housing information by examining outreach and communication strategies. The creation of future programs to assist veterans of the 9/11 attacks could be influenced by comparative evaluations of different housing programs and the experiences of veteran families

    Evaluating the Elected Officials’ Transition & Training Plan Impacting Monterey County Productivity

    Full text link
    A formal transition and training plan is important for elected officials serving in public office. This research paper focuses on evaluating the impact of a formal transition and training plan for the County of Monterey Board of Supervisors. Supervisors are elected to office and do not receive training, plus there is no set standard for transitioning materials or information from the previous Supervisor. Academic literature will be used to show how transition plans and training are critical for the continuation of public services through the work of a County Supervisor when an incoming Supervisor enters public office. The research will use a mixed-methods research (MMR) approach to collect up to ten qualitative units from 1:1 interviews with subject matter experts and approximately 50 quantitative data units from key stakeholder survey results, which will be analyzed to accept or reject the hypothesis. Based on this study\u27s findings, it can improve collaboration between incoming and outgoing Supervisors, may better prepare the incoming Supervisor, and improve transparency of supervisorial district offices

    San Francisco Police Department Response to the Tenderloin State of Emergency

    Full text link

    Assessing Public Support for Generative AI Legislation in California

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

    Addressing Legal Loopholes to Prevent Child Marriages in San Francisco County and Other Counties in California

    Full text link
    Child marriage, defined as the union of at least one person under the age of 18, remains a pressing issue in the United States despite modern legal standards. In California alone, an estimated 23,588 children were married between 2000 and 2018, with most cases involving young girls marrying significantly older men (Unchained At Last, 2021). Child marriage often leads to increased risks for minors, including sexual exploitation, poverty, and limited educational opportunities. This study focuses on the legal loopholes in California that continue to allow child marriages despite the state’s legal age of consent being 18. These loopholes permit exceptions for minors to marry with parental consent or judicial approval, inadvertently supporting a system that places young individuals at risk. This research evaluates public perceptions of child marriage legislation through a survey of 125 residents of California and interviews that provide qualitative insights. The findings indicate strong public support for legal reforms, particularly for amending Family Code Section 302 to establish a minimum marriage age of 18 without exceptions. The study\u27s Theory of Change posits that closing these legal loopholes could reduce child marriage rates by 80%, decrease child exploitation by 50%, and alleviate the social and economic consequences faced by child brides. Quantitative results strongly support these hypotheses; however, qualitative findings suggest that additional measures, such as public education and enforcement mechanisms, are also essential. The study concludes with recommendations for policy reform and further research on the socioeconomic impact of child marriage in California

    6,599

    full texts

    7,044

    metadata records
    Updated in last 30 days.
    Golden Gate University School of Law: Digital Commons
    Access Repository Dashboard
    Do you manage Open Research Online? Become a CORE Member to access insider analytics, issue reports and manage access to outputs from your repository in the CORE Repository Dashboard! 👇