Thesis--Wisconsin. / Includes bibliographical references (leaves 145-162).

Thesis--University of Missouri. / Vita. Includes index. Photocopy of typescript. Ann Arbor, Mich. : University Microfilms International, 1979.--22 cm. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 415-421).

Thesis (Ph. D.)--University of Wisconsin--Madison, 1981. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 513-545).

Thesis (M.S.)--University of Wisconsin--Madison, 1969. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (M.A.)--University of Wisconsin--Madison, 1965. / eContent provider-neutral record in process. Description based on print version record. Bibliographical essay: l. 132-139.

782 f. / Submitted by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2013-05-24T20:22:19Z No. of bitstreams: 1 JOSÉ MARCELO BARRETO PIMENTA.pdf: 989794 bytes, checksum: 91fcc554cb84ce989e611b13c35afb5a (MD5) / Approved for entry into archive by Ana Valéria de Jesus Moura(anavaleria_131@hotmail.com) on 2013-05-24T20:22:52Z (GMT) No. of bitstreams: 1 JOSÉ MARCELO BARRETO PIMENTA.pdf: 989794 bytes, checksum: 91fcc554cb84ce989e611b13c35afb5a (MD5) / Made available in DSpace on 2013-05-24T20:22:52Z (GMT). No. of bitstreams: 1 JOSÉ MARCELO BARRETO PIMENTA.pdf: 989794 bytes, checksum: 91fcc554cb84ce989e611b13c35afb5a (MD5) Previous issue date: 2013 / A presente dissertação visa tratar da construção denominada reserva do possível e a possibilidade de sua superação no ordenamento jurídico brasileiro, permeado que é pela força dirigente dos direitos fundamentais sociais. É sabido que a Constituição Federal de 1988, também chamada Carta Cidadã, em alusão à sua feição social, enquadrou uma série de direitos antes relegados à ordem social e econômica como autênticos direitos fundamentais: os chamados direitos fundamentais sociais, daí advindo uma série de consequências, como a aplicabilidade imediata de tais direitos, uma eficácia dirigente que obriga todos os poderes públicos a concretizá-los, uma eficácia irradiante, no sentido de se interpretar as demais normas jurídicas do ordenamento de acordo com os direitos fundamentais sociais, dentre outras, revelando, assim, que o Estado deixou sua posição de protetor das manifestações individuais, tornando-se o fomentador da igualdade. Acontece que, para isso, é preciso recursos, que, por sua vez, são finitos, ao contrário das necessidades, que são infinitas. Nessa senda, desponta o argumento da reserva do possível como a tábua de salvação da Administração Pública, que não titubeia em sustentar tal construção para tentar justificar sua omissão ou prestação deficiente no campo social. A construção alemã original da reserva do possível surgiu atrelada à razoabilidade e à proporcionalidade. Entretanto, aqui no Brasil, ela relegou tais valores para segundo plano, priorizando, em contrapartida, a questão dos custos dos direitos e da escassez de recursos, que passaram a ser vistos como praticamente insuperáveis. Essa nova roupagem deve-se à importação acrítica e desordenada de sua construção, bem como pela influência ideológica neoliberal. É preciso, portanto, contextualizar a reserva do possível no ordenamento jurídico brasileiro, colocando lado a lado a escassez de recursos e a razoabilidade e proporcionalidade, visando, assim, cumprir a Constituição naquilo que ela tem como essência: a dignidade humana. Com efeito, a reserva do possível tem a natureza de restrição a direitos fundamentais, admitindo, entretanto, ser restringida, haja vista não haver direitos absolutos, como também restrições absolutas. Nesse sentido, e como consequência da teoria das restrições às restrições, surgem como possibilidades de superação da reserva do possível a proporcionalidade, a razoabilidade, a vedação do retrocesso e o mínimo existencial. O estudo de tais institutos permite enfrentar a reserva do possível, desvendando o falso mito de insuperabilidade por conta da realidade econômica, evitando-se, assim, sua superavaliação em detrimento dos direitos sociais. Tal posicionamento justifica-se, pois, independente da convicção política do intérprete (liberal, social-democrata ou neo-liberal), a Constituição de 1988 assumiu claramente a feição social, de sorte que não cabe discutir acerca da conveniência de tal modelo, cabendo apenas a discussão de como efetivá-la. Nesse contexto, embora não se desconsidere as dificuldades de ordem econômica para a efetivação dos direitos fundamentais sociais, buscou-se trazer a questão da reserva do possível a dimensões constitucionalmente adequadas. Dessa forma não se ignora, mas se evita uma superestimação do elemento econômico em detrimento do elemento humano, finalidade última dos direitos e garantias fundamentais, ponto principal do sistema constitucional de países civilizados. / Salvador

From 1945 to 1960 Canada began to move into what has been called “the age of rights.” At the end of the Second World War the nation paid lip service to “British liberties,” but both the state and private individuals frequently violated the libertarian rights of political radicals as well as the egalitarian rights of certain unpopular ethnic and religious minorities. By 1960 a discourse of human rights had largely replaced the British liberties approach, and the country enjoyed a far higher level of respect for minority rights, in part because of a number of legal changes—Supreme Court decisions, anti-discrimination legislation, and a Bill of Rights. This dissertation examines this shift, focussing upon the activities of members of the Canadian “human rights policy community.” Relying largely upon primary resources, it presents a number of case studies, demonstrating how human rights activists dealt with the deportation of Japanese Canadians, the Gouzenko Affair, the problem of discriminatory restrictive covenants, the Cold War, the need for an effective fair accommodation law in Ontario in general and the town of Dresden in particular, and the struggle for a bill of rights. In presenting these case studies, this dissertation also focusses upon the activities of a number of key interest groups within the human rights community: the coalition known as the Cooperative Committee on Japanese Canadians, the Canadian Jewish Congress, the Jewish Labour Committee, and a number of civil liberties organizations (especially the liberal Civil Liberties Association of Toronto and the communist Civil Rights Union). Attention is paid to the reasons for their successes and failures; within the general context of economic, social, and cultural changes, special attention is paid to the way in which these interest groups made their own history, using their own history, using the resources available to them. / Graduate

This thesis discusses the impact of the Cold War on the Long African American Civil Rights Movement in the US from 1945 into the early 1970s. I seek to address the historiography that argues that the Cold War was an animating or galvanizing force behind the Civil Rights movement. I argue that black strategies of activism and black thought during the long civil rights era were directly or indirectly influenced by Cold War politics. Strategies towards freedom and equality were manipulated, altered, and transformed due to anticommunism in America.

This thesis examines the practical implications of the acceptance of "traditional British liberties" in a particular Canadian city and period. The city of Toronto was chosen because it was here that one found the loudest professions of admiration and reverence for "things British." The period, 1929-1935, the early years of the Great Depression, commended itself because the economic chaos and social tension of these years brought to the fore questions as to the meaning and relative value of liberty and authority. Consideration of the problem of liberty and authority from 1929-1935 also enables one to examine the less statistical, less tangible impact of the Great Depression on a segment of Canadian society. An attempt is made to examine the attitudes toward liberty and authority among particular groups in Toronto, and to analyse the basic assumptions and thought patterns that their attitudes appear to express. The thesis makes no attempt to consider specific issues from a purely legalistic or judicial point of view. Certain problems are endemic in an undertaking of this kind. The chief problem is the absence of any precise technique for evaluating objectively the impact of ideas.as motivating forces in history. An attempt is made to calculate the degree of support for particular opinions, such as those presented by the major newspapers, but only in a general fashion. What appear to be of more value and interest to the historian are the underlying assumptions behind the ideas expressed, in so far as they reflect the social, political and economic attutudes of a particular period. Thus, the main emphasis is upon the representative quality of the opinions expressed, rather than upon the discovery of the attitude of every sector of the city. Four specific cases involving the respective limits of liberty and authority are examined--the policy of the Toronto Board of Police Commissioners in prohibiting certain kinds of meetings in the streets, parks and halls of the city, 1929-1933; Section 98 of the Criminal Code, and the conviction in Toronto, under Section 98, of eight Communist leaders in November, 1931; the sedition trial of A. E. Smith, secretary of the Canadian Labor Defence League in March, 1934; and the response to the Regina Riot of July, 1935. The reaction to these controversies was complex and diverse within Toronto. Large and important sectors of the city, of which the Globe, the Telegram, and the Mail and Empire were the chief spokesmen, saw no question of the invasion of "traditional British liberties," but only the need for authority in the face of disorder and instability. The soap-box controversialists of Hyde Park might be acceptable in England, a country with thousands of years of tradition, but not in Canada, a new country in the midst of economic chaos—a new country with "foreign" elements in the midst of its population. For much smaller numbers of Torontonians, of whom the Star, the Canadian Forum and the C. C. F. Party were the chief representatives, the cases examined clearly raised questions about the liberty of the individual in the face of the authority of the state. In fact, the attitudes expressed by different sectors of the population reflected contradictory views of the potency and quality of the Russian Communist threat to Canadian society, of the needs dictated by the economic dislocation of the Great Depression, of the possibility and desirability of change and readaptation in the Canadian economic, political and social structure. Further, the attitudes expressed on liberty and authority revealed assumptions about the position of the intellectual in public affairs and the changing nature of government activity in the life of the nation. Even among those who could at least agree that an invasion of the rights of the individual had occurred, there was little consensus as to the precise methods to be employed so as to effect a change in governmental policy. Close examination of the problem of civil liberties in Toronto reveals that no real consensus existed as to the precise meaning and implications of "traditional British liberties," and the issue failed to emerge as a black-and-white political question. In part, the phrase "traditional British liberties" served as an umbrella term for the expression of class attitudes toward liberty and authority, but its use was far more complex than a simple class interpretation would imply. The phrase "traditional British liberties" served to express particular attitudes and assumptions towards liberty and authority that reflected peculiarly Canadian needs and conditions. In effect, both sides of the controversy were attempting to define "Canadianism." Examination of the question of liberty and authority in Toronto further reveals that the major Canadian response to the Great Depression weighted the scales heavily on the side of authority; however, a critical spirit, characteristic of modern urban communities did gain momentum during the Depression, and through its assertion on such occasions as the sedition trial of A. E. Smith and the conviction of the eight Communist leaders, it served to widen the practical limits of liberty in Canada. / Arts, Faculty of / History, Department of / Graduate

Thesis advisor: R. Shep Melnick / In what seems like the blink of an eye, transgender rights has catapulted from a nonissue in American politics to the peak of the culture wars. Scholarship on the transgender rights movement has proliferated rapidly in recent years, most of it sympathetic to the cause but some of it critical. Missing from this literature, however, is a serious examination of how courts and agencies have justified their efforts to advance what Vice President Joe Biden in 2012 called “the civil rights issue of our time.” This dissertation tries to fill that gap. Through an in-depth analysis of court precedents and agency pronouncements, and an examination of the assumptions behind regulators’ redefinition of male and female, it suggests that noble intentions have led civil rights institutions into a thicket of interpretive difficulties and regulatory dilemmas. First, judges and administrators have declared biological sex a “stereotype,” but have offered virtually no explanation for why this is so. This has resulted in regulatory peculiarities, including: courts relying on “stereotypes” when invalidating policies that they deem stereotypical; agencies instructing schools to adopt conflicting definitions of male and female; and government officials unable or unwilling to explain why separating restrooms and athletic teams by a non-physical understanding of sex is necessary in the first place. The deeper reason for these peculiarities, I argue, is a failure to articulate a coherent account of what makes us sexed beings. Second, civil rights officials have argued that their interpretation of federal law finds unambiguous support in a body of court rulings that condemn stereotyping. The problem with this argument, I suggest, is that the precedents that are cited actually say the opposite of what they are made out to say. They say that sex is biological, and that transgender women are biological men who fail to live up to social expectations about maleness. By invoking the abstract notion “stereotype,” regulators hide their break with precedent from citizens and perhaps also from themselves. Transgender regulation thus raises important questions about legal interpretation in relation to constitutional government, and about the role of the legal profession within liberal democracy. This dissertation challenges two dominant narratives about transgender rights. According to one, transgender rights is part and parcel of a broader postmodernism that is tearing through American institutions and weakening the foundations of Western societies. According to the other, transgender rights is a logical extension of the original civil rights revolution and a fulfillment of liberalism’s deeper humanitarian impulses. I argue that transgender regulations are more “conservative” than those who decry (or hope for) postmodernism believe, but more postmodern than those who appeal to liberal equality seem willing to acknowledge. / Thesis (PhD) — Boston College, 2020. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Political Science.