Despite the controversy surrounding Affirmative Action (AA), relatively little research has appeared about attitudes towards these programs. In this research, an exploratory approach is implemented to assess the support of personnel managers for the theory of AA as well as the mechanisms designed to carry it out. Also, the relationship to Supreme Court decisions, relevant legislation, and numerous demographic, attitudinal, and organizational variables are examined for their impact on Affirmative Action attitudes. A questionnaire was utilized to assess support for AA and its correlates. The majority of personnel managers indicate support for both AA in theory and the mechanisms required to carry these programs out. This research indicates either very small or no differences exist between support for AA concepts versus AA mechanisms, support for gender -based versus race-based AA, or support reported by private sector versus public sector personnel managers for AA. How personnel managers perceive the impact of Court Decisions and the 1991 Civil Rights Act on AA implementation, although small, was found to be a significant correlate of AA attitudes. The race of the respondent was found to be the most significant determinant of AA attitudes. Although minorities were found to be more supportive than nonminorities, both were found to register support for these programs.

Thesis (LLM. (Law and Development)) -- University of Limpopo, 2011

Thesis ( LLM.) --University of Limpopo, 2014 / The Enforcement of the right to housing is one of the greatest challenges facing South African Government. The slow rate of housing delivery has forced society to suspect corruption. Communities from different provinces have demonstrated, through strikes and protest to their local municipalities, to register their discontent about the slow pace of housing delivery. The study focuses more on groups of people who are unable to address their emergency housing needs from their own resources, such as, minors heading households, children without parents, elderly, disabled and unemployed people. The study further discusses the possible remedies to these vulnerable people when their right of access to adequate housing has been infringed, especially during eviction.

This dissertation is a social and legal history of one of Iowa's most controversial sex discrimination cases. The study examines the 1979 civil rights complaint of Linda Eaton, Iowa City's first woman firefighter--a white, working-class, single mother who did not consider herself a feminist. Eaton made national news and became the focus of an intense local debate when she was threatened with dismissal for breastfeeding her baby at the fire station. The president of La Leche League spoke out on her behalf, while the local chapter of NOW established a legal defense fund and spearheaded a year-long campaign of support. Mining the personal documents of community members, and using oral history interviews, manuscript collections, and legal documents, this study elevates the importance of grassroots action by demonstrating that local women's sex discrimination complaints and lawsuits were central to the dramatic transformation of workplace policies that began across the U.S. during the 1970s. This study foregrounds the relationship of Eaton's case to Iowa City's vibrant 1970s feminist community, and to national politics. The controversy over Iowa's breastfeeding firefighter reflected and contributed to national struggles over the meaning of gender equality, particularly the complex debates about affirmative action and the Equal Rights Amendment. Because she drew support from both the feminists of NOW and the maternalists of LLL, Eaton's case highlights the problematic intersection of paid and domestic labor in women's lives, especially those of working-class women. Eaton's case critiques the masculine ideal worker standard and makes a bid for working conditions that accommodate women's biosocial role in reproductive labor. This project draws upon previously unavailable records to offer an historical account of the first career women firefighters in the U.S. that identifies the resistance these women met as they encountered the masculine culture of firefighting in the 1970s. It highlights both the strengths and weaknesses of using law to eliminate sex discrimination in the workplace by constructing a vivid portrait of women's slow and painful struggle for full economic citizenship.

In the 1960s, a group of blind activists, led by a charismatic young blind leader, attempted to take control of a residential school for the blind in Vinton, Iowa. The group of activists belonged to the Iowa Association of the Blind, the state affiliate of the National Federation of the Blind (NFB); the leader was Kenneth Jernigan, the first blind director of the Iowa Commission for the Blind; and the school was the Iowa Braille and Sight-Saving School (IBSSS), a venerable institution founded in the mid nineteenth century, and a cornerstone and iconic institution in the small northeast Iowa farming community of Vinton. Through the decade of the 1960s, Iowa was the central front of a civil rights movement, led by blind people determined to implement a new philosophy of blindness against what they perceived to be the entrenched power of sighted rehabilitation and education professionals. For ten years the Iowa Commission for the Blind and the Braille School were at odds with each other as both institutions fought for the hearts and minds of blind adults and children. Constant friction marked relations between the director of the Commission and the superintendent of the school, the former a blind activist administrator, the latter a sighted professional educator of the blind. The former, along with the organized blind whom he led, were not willing to let professionals speak for them, but insisted on speaking for themselves. The blind came to see the Braille School as the biggest obstacle to achieving their goals of advancing the civil rights of the blind in Iowa and beyond. The solution was to seek to take control of the school from the University Board of Regents and put it under the authority of the Commission for the Blind. The effort nearly succeeded, but the cost grew too high, and the battle for the Braille School would mark the beginning of the end of Jernigan's time in Iowa and set back the blind movement in ways not recognized until much later. Blind citizens in the 1940s and 50s faced widespread and entrenched discrimination. The ability to work, to own one's home, to travel independently on public transportation, to serve on trial juries, to vote, to adopt children, to raise families, were rights that no law guaranteed. The Architectual Barriers Act, Rehabilitation Act, Education of All Handicapped Children Act, and the Americans with Disabilities Act were all still decades in the future. It was the hope of Kenneth Jernigan and the blind whom he led to use the vocational rehabilitation program for the blind in Iowa to secure some of the rights the blind lacked, and to advance a new vision of what it meant to be blind.

No description available.

This thesis examines the possibilities for building a reconciliatory jurisprudence for the protection of indigenous rights under the Australian Constitution. The thesis first examines what could be meant by the term ???reconciliation??? in a legal context and argues that it requires (1) acknowledgement of and atonement for past wrongdoing, (2) the provision of recompense, and (3) the establishment of legal and constitutional structures designed to ensure that similar wrongs are not repeated in the future. The thesis focuses on the last of these three requirements. It is further argued that developing a reconciliatory jurisprudence first requires the courts to free themselves from the dominant paradigm of strict positivism so that they are liberated to pay due regard to questions of morality. Given this framework, the thesis then sets out to examine the purpose and scope of the race power (section 51(xxvi)) of the Australian Constitution, with particular regard to the case of Kartinyeri v Commonwealth in which the High Court directly considered the power. The thesis concludes that the majority of the Court had not, for various reasons, properly considered the nature of the power. An appropriate ruling, it is argued, should find that the power does not enable Parliament to discriminate adversely against racial minorities. The thesis then proceeds to consider whether there are implied terms under the Constitution that protect fundamental rights. It is argued that these rights are indeed protected because the Constitution is based upon the rule of law. In addition constitutional provisions are to be interpreted subject to the presumption that its terms are not to be understood as undermining fundamental rights unless a constitutional provision expressly states otherwise. The thesis also considers whether there is an implied right to equality under the Constitution. The conclusion drawn is that such a right exists and that it is both procedural and substantive in nature.

Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.

Canada has actively incorporated human security into its foreign policy framework ever since the first articulation of human security in the 1994 United Nations Development Programme (UNDP) Annual Report. The Canadian Government has been at the forefront of promoting the concept internationally, thereby identifying Canada as one of the leading 'humanist-activist' states. This thesis, however, takes a more skeptical approach towards the emancipatory claims of Canada's human security discourse. It argues that, despite its overarching humanistic tone, the question of who is secured through the language and operationalization of human security remains problematic. In examining Canada's human security discourse in reference to this central question, this thesis analyses the promotion and operationalization of human security within Canada and abroad. The central argument of this thesis is that with its overwhelmingly statist and liberal language, Canada's interpretation of human security is far from being a challenge to the traditional ontological claims of security as being the provider of political order. The Canadian human security agenda is driven by a traditional fear of national insecurity. It aims to secure national unity and identity in Canada, and its national and economic security abroad, by promoting the ideals of liberal democratic peace. Drawing upon the insights of critical security studies and post-structuralist approaches to international relations, this thesis reveals several meaning-producing effects of Canada's human security discourse. First, domestically, it perpetuates the truth claims of the discourse of Canadian identity by naturalizing the idea of Canadian goodness. Canada's human security discourse enhances the social control of the population by masking 'human insecurities' within Canada. Second, by framing 'failed' and 'fragile' states as a threat to Canadian security and liberal international order, the Canadian Government perpetuates the constant struggle between the zones of peace and the zones of chaos, and overcodes human security with simultaneously a statist and universalist language that aims to control as well as emancipate the 'borderlands' Third, while Canadian discourse on human security claims to encourage a bottom-up approach to security, it works ironically as an elitist policy which endorses an ideal form of governance in Canada and abroad.

Communitarianism is an internationally contentious anti-liberal theory which is becoming increasingly popular in political philosophy. It commonly is employed to motivate and legitimate �identity politics� - a politics which is used to defend the rights of disadvantaged aboriginal minorities to maintain their traditional ways. Recently �identity politics� has been exploited in mainstream poltical/educational academic literature in New Zealand, especially in literature that deals with Maori issues. This is significant because in the recent history of New Zealand, liberal political theory has been dominant. Notions of rights and of fairness are fundamental to communitarianism and to liberalism, but communitarians and liberals hold very different ideas about what these notions involve. My PhD thesis compares their ideas and relates them to New Zealand. It views certain social and political issues in New Zealand, by way of liberal and then communitarian theories. It examines how liberalism and communitarianism have been, and can be, used to support and to legitimate particular policies and practices in terms of �fairness� and �justice�. My work considers the explanatory and the practical application of communitarianism and liberalism with respect to their conceptions of human nature, political ideals, rights and rationality. It defends liberalism against the communities the protections they �need� in order to flourish. With respect to New Zealand it recognises that Maori have been treated unjustly by the crown, but argues that much of the injustice happened, not because of liberalism, but because liberal values were not upheld. The thesis concludes that liberalism is better equipped than communitarianism to describe Maori and Pakeha relations, and to formulate a framework for positive and constructive trans-cultural policies that will respect both Maori and Pakeha cultures.