Matching Items (4)

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Arizona Dram Shop Civil Liability

Description

Arizona’s Dram Shop Statute, specifically ARS 4-311, was enacted in 1986 to hold liquor licensees financially responsible for any injuries or deaths that arise from the service and consumption of

Arizona’s Dram Shop Statute, specifically ARS 4-311, was enacted in 1986 to hold liquor licensees financially responsible for any injuries or deaths that arise from the service and consumption of alcohol by customers of their establishment. The intent of such policies was to mitigate instances of driving under the influence of alcohol. However, evidence shows that such statutes have little to no effect on incidents of drunk driving in the State of Arizona, yet are detrimental to the viability of local restaurants and bars. The full liability that businesses in this industry face has an adverse effect on the following:

• The ability of establishments to obtain and maintain insurance coverage
• Limits the number of insurance carriers in Arizona, which increases the cost of such coverage.
• Expensive insurance directly affects business profitability:
o restricting their ability to make capital purchases
o limiting their ability to make local investments
o reduces state income tax revenue
o the need to reduce their staff or close their doors completely
o less money that any local business can bring to their bottom line is less money that they are able to
o reinvest in their community, their city, and in their state

In an effort to reduce the burdens imposed on Arizona’s restaurant and bar industry, I propose legislative changes to Arizona Revised Statute 4-311. These legislative changes would not only aid these small businesses in their efforts to be profitable and serve their communities, but would be beneficial to local cities and the State of Arizona alike. I would propose the following:

• Place a burden of proof on the plaintiff that a customer was served in an “obviously intoxicated” state as defined in A.R.S 4-311 (D), diminishing the ability to file suits based solely on the driver’s BAC of .08 or above.
• Strike all claims with basis on “known or should have known” judge made and judge applied common law standard that has not been incorporated in to the Arizona Dram Shop Statutes through legislation.

With these changes to Arizona Dram Shop Statutes, local restaurants and bars could contribute not only to their local economies, but also to support deterrence of the crime through a .5% tax on liquor sales generated through the sale of such in a liquor licensed establishment. This tax would amount to approximately $27* million dollars annually for the State of Arizona. This additional tax revenue would go directly to their local police departments to specifically fund increased efforts to deter instances of drunk driving. This deterrence could be achieved through increased police presence, hiring and training officers in the specialty of detecting drunk drivers, and/or conducting additional sobriety checkpoints throughout the state. Currently, a few other states (MD 9%, MN 2.5%, ND 7%, D.C 10%) have implemented a small tax on retail sales of liquor in addition to the various excise tax imposed at the wholesale and/or manufacturing level.

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Created

Date Created
  • 2016-12

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Global Perspectives on Juvenile Justice: Implementing A Restorative Approach

Description

This thesis is the culmination of the Barrett Honors Intercontinental Study Award. For this scholarship, I created a comparative legal study of the approaches to juvenile justice in Norway, Germany,

This thesis is the culmination of the Barrett Honors Intercontinental Study Award. For this scholarship, I created a comparative legal study of the approaches to juvenile justice in Norway, Germany, Malawi, and Japan, focusing on their compliance with international norms of restorative justice practices advanced by the United Nations (UN) in the Convention on the Rights of the Child (CRC). Before commencing my comparative study, I traveled to Switzerland and Belgium to speak with restorative justice theorists at the UN and the International Juvenile Justice Observatory about the enduring relevancy of the CRC and international juvenile justice efforts. In the process, I examined how these international norms of restorative justice come to be incorporated in domestic legal systems. From this, I gained an understanding of the reasons some countries successfully adapt international norms while others struggle to uphold even the most basic human rights. My goal throughout this process has been to cull best practices for international norm creation and domestic norm implementation from this research, and further study how best to promote restorative juvenile justice in countries that do not meet international standards, beginning with the United States. For the purpose of this thesis, I will focus my analysis on Norway and Malawi.

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Created

Date Created
  • 2017-05

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Microfinance: A Better Design

Description

My interest in this topic began last summer when I was fortunate enough to travel to Tomatin, Honduras on a microfinance mission with the organization Global Brigades. Microfinance previously an

My interest in this topic began last summer when I was fortunate enough to travel to Tomatin, Honduras on a microfinance mission with the organization Global Brigades. Microfinance previously an unknown concept to me, but once I saw the effect it had on the lives of those in need, I was immediately sold on its effectiveness. Microfinance stems from the field of developmental aid. While generally understood as one of the most powerful weapons in the fight against poverty, question as to which methods and techniques are the most effective are still unanswered. It is the goal of my thesis to examine the research in the area of microfinance, reveal the most effective methods, and apply these findings to improve the structure of the Global Brigade microfinance institution in Tomatin.

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Created

Date Created
  • 2014-05

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The International Lethal Injection Drug Boycott and Its Effects on the Death Penalty in the United States

Description

In the last seven years the practice of capital punishment in the United States has been shaken by one of the most unlikely suspects- the prescription drug market. The practice

In the last seven years the practice of capital punishment in the United States has been shaken by one of the most unlikely suspects- the prescription drug market. The practice of capital punishment has gone from fervent support to abolishment and back again throughout the nation's history. Over time the process of capital punishment has evolved from public hangings to a secretive medical procedure. The American people have become detached from the act because it is no longer right in front of their face, but often occurs in a small prison room with a viewing window for a select group of witnesses. The modern method of capital punishment is lethal injection- a three-drug protocol that is accepted as the most humane means of executing criminals. The protocol has faced criticism and legal challenges for years. This is in part because the United States stands alone as one of the last westernized democratic nations to regularly execute convicted criminals. European activist groups and government agencies have been fighting for abolishment in the United States for years with little progress. Recently, the activist groups discovered a novel way to make an impact on the capital punishment system in the United States that had not been attempted. The groups appealed to the drug manufacturing companies in Europe and exposed their supply chains to the public. When it was revealed that the drugs these companies produced were ending up in U.S. prisons for executions the companies eventually stopped all sales of execution drugs to U.S. corrections facilities. This led to the European Union banning all exports of drugs for lethal use in 2011. This study will analyze the effects of the lethal injection drug boycott on the death penalty in the United States. Since the ban, death penalty states have been scrambling in order to procure enough drugs to carry out their future executions. They have attempted to obtain the drugs illegally, trade between each other, reinstate older methods of execution, and entirely change their three-drug protocol to incorporate new drugs or less drugs. Executions have dropped both in the number of death sentences handed down and the number of executions. Also, polls analyzing acceptance of the death penalty have shown decreasing support for the practice domestically. Although there are other factors that may have contributed to the decline of capital punishment in the United States, it seems as though the international lethal injection boycott has made the most progress in the shortest amount of time and has the potential to drastically change the future of the death penalty in the United States.

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Agent

Created

Date Created
  • 2016-05