The purpose of this study was to examine the Indigenous Navigator partnership through its Bésiro project in Bolivia to find out whether the partnership approach can enhance Indigenous participation in global education. In the short term, enhancing the participation of Indigenous peoples in global education may help them maintain their unique identity and culture. In the long term, it may enable Indigenous peoples to actively decide on policy that concerns them. The objective of the research was to help policymakers and those working in the field of international and comparative education to secure Indigenous peoples’ right to determine their own education development. In the 19th and 20th centuries, after the creation of nation-states in Latin America, national education efforts sought to unify populations through assimilationist policies. Those policies used the dominant language as the language of instruction, and the content of curricula responded to the national vision of those in power. Indigenous peoples held on to their culture and language despite the external pressure to assimilate and the lack of recognition and support. In the second half of the 20th century, a global Indigenous movement took place that claimed Indigenous peoples’ collective rights within the nation-state, including the right to self-determine their education. This movement succeeded in garnering international attention, which led to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. This declaration served as a framework upon which states were expected to model their laws. While this helped put the plight of Indigenous peoples in the international spotlight, some countries have implemented the Declaration to a greater extent than others. As a result, many Indigenous peoples remain stripped of the power and legal authority to ultimately decide on the education (and other) issues that concern them. The power asymmetries that have been affecting them in international education politics persist. A global education system that does not count on the continuous participation of Indigenous peoples as collective actors fails to meet the goals of inclusion and equality that it intends to achieve. Against this background, the following questions remained unanswered: Who is entitled to participate in global education and in what capacity? How are Indigenous peoples currently participating in global education? Why and how should the United Nations Educational, Scientific and Cultural Organization, which is the international agency tasked with promoting peace through international cooperation in education, science, culture, communication, and information, enhance Indigenous participation in its education politics? Driven by the questions above, I carried out a qualitative case study involving a multistakeholder partnership–the Indigenous Navigator. The Indigenous Navigator partnership includes Indigenous and non-Indigenous nongovernmental organizations, civil society organizations, and other international and national stakeholders. This partnership developed a framework and a set of tools to produce Indigenous data and track progress toward the fulfillment of Indigenous human rights. When applied to education, the Indigenous Navigator partnership translates the data collected into projects designed by Indigenous peoples for their own purposes. The Indigenous Navigator partnership offers an alternative approach for global education to enhance Indigenous participation in education policy. The Indigenous Navigator partnership’s project that became the case study was called Revitalization and Vitalization of the Bésiro Language of the Monkox Nation. This project was designed by the Monkox, a people indigenous to Bolivia. The Monkox utilized the Indigenous Navigator’s framework and set of tools, and focused on revitalizing their Bésiro language. This Bésiro project was implemented between 2019 and 2020 in Lomerío, in Bolivia’s lowlands. The case of the Monkox within Bolivia stands out because even though the Monkox are small in number, they have a long history of defending their language and their education. Bolivia, in turn, has drawn regional and international attention because it adopted Indigenous human rights into its political constitution and has come forth with a unique education model based on intraculturality, interculturality and plurilingualism, and in which Indigenous peoples are seen not only as individuals with a right to education, but also as peoples with collective education rights. To analyze the effectiveness of the Indigenous Navigator partnership and the Bésiro project, I spent 7 months observing the functioning of the Indigenous Navigator partnership prior to fieldwork, then spent another year interviewing 42 key stakeholders, out of whom at least 17 were Indigenous. I also analyzed relevant documents related to Indigenous education in Bolivia, global education, and enhanced participation. The results of the study offer a glimpse into present-day Indigenous education in Bolivia; an analysis of the Indigenous Navigator partnership and the Bésiro project; and a comparison between local, national, and international power dynamics that interacted throughout the project and can further impact education politics in Bolivia and beyond. The results show that the Indigenous Navigator partnership operated through what I call multisphere Indigenous ownership (i.e., the capacity of each partner to contribute from their own area of expertise while reducing the stratification of power) to ensure the Monkox’s self-determination in the Bésiro project. The analysis also shows that interculturality is difficult to reach if intraculturality, or the reaffirmation of a people’s identity, culture, and politics, has not been strengthened. To reaffirm intraculturality, the active participation of Indigenous peoples in their own education policy processes is vital. Only then will Indigenous peoples be able to achieve sustainable education along with national efforts. Lastly, the case study revealed that the Indigenous Navigator partnership worked through tacit interculturality between the European Union and Latin America, that is, the implicit reciprocity of two Indigenous systems in both parts of the world. As an outcome of this analysis of the Indigenous Navigator partnership and the Bésiro project, it is suggested that the global education community, guided by the United Nations Educational, Scientific and Cultural Organization, implement multistakeholder Indigenous ownership to allow Indigenous peoples, as collective stakeholders, to participate in education policy processes that concern them. This study closes with a policy and research agenda that contributes to achieving sustainable, quality education for Indigenous peoples.

Disability rights laws in the United States have been designed to promote integration through a “mainstreaming” model—integrating disabled people into mainstream society. In contrast, this dissertation documents and analyzes the emergence of a different integration model—inverse integration—which involves situations in which nondisabled people enter disability-focused settings or participate in disability-focused activities. As this dissertation demonstrates, inverse integration is surprisingly popular. For example, in contemporary U.S. society, nondisabled students study in “special education” programs, nondisabled people reside in housing projects for disabled individuals, hearing actors perform in Deaf theatres, and nondisabled athletes compete in wheelchair sports. By looking outside the mainstream, this dissertation tests the normative underpinnings of conventional integration. For example, by analyzing the integration of nondisabled children into special education classrooms, the dissertation provides an explanation for why interactions between disabled and nondisabled students in schools have so far failed to shift attitudes toward disability. Similarly, by examining the reasons behind nondisabled people’s desire to play wheelchair basketball or learn sign language, it sheds new light on disability rights law’s limitations in promoting relationships. Finally, by pointing to the differing ways in which elite sports organizations treat athletes’ physical injuries, on one hand, and mental health issues, on the other, this dissertation exposes another angle of the stigma surrounding mental health in the mainstream discourse. In terms of methodology, this dissertation has taken a socio-legal approach, using empirical and theoretical work in the areas of sociology, anthropology, history, and social psychology. In one chapter, I conducted an empirical study (systematic content analysis) of legal decisions. Influenced by disability studies, this dissertation has also drawn upon the personal experiences of disabled people and references memoirs of disabled athletes, scholars, and activists, as well as personal narratives featured in blog posts, op-eds, and legal scholarship. The dissertation is divided into three chapters. The first chapter, Reversing Reverse Mainstreaming, documents and criticizes the practice of “reverse mainstreaming,” whereby nondisabled children are integrated into classes for disabled students. Using a historical account and systematic analysis of hundreds of administrative decisions, this chapter describes the circumstances that gave rise to reverse mainstreaming and analyzes the practice’s normative underpinnings. In doing so, this chapter exposes a conundrum: On one hand, educators and judges have long justified reverse mainstreaming by pointing to its potential to reduce prejudice through structured interactions between disabled and nondisabled students. On the other hand, reverse mainstreaming often treats disabled students as inferior to their nondisabled peers and imposes mainstream norms at the expense of disability culture. Thus, rather than reducing prejudice, such structured interactions may perpetuate the very stigma and misconceptions they are designed to eradicate. Moreover, as this chapter details, reverse mainstreaming can lead to distributional inequality when it comes to scarce resources. Combining insights from social psychology and disability studies, this chapter proposes guidelines for legal and policy reform aimed at ensuring that intergroup interactions in educational settings take more egalitarian forms. The second chapter, Inverse Integration and the Relational Deficit of Disability Rights Law, takes a broader perspective. It develops a typology of inverse integration practices and analyzes the interaction of such practices with existing U.S. disability law. It shows that legal and social norms generally hinder the involvement of nondisabled people in disabled spaces or activities. Against this backdrop, the seeming popularity of inverse integration is a puzzle. What is driving this practice? The answer has to do with relationships. Combining insights from sociology, anthropology, social psychology, disability studies, and law, this chapter demonstrates how inverse integration allows disabled and nondisabled people to share experiences, interests, and common language with family members, friends, and intimate partners. These interactive features of inverse integration stand in stark contrast to disability rights laws’ general failure to protect, facilitate, and reinforce interpersonal relationships. In a society where in-person interactions are becoming less and less common, these relational advantages of inverse integration seem particularly exigent. Drawing upon instances of inverse integration, this chapter imagines what a more relational disability rights regime would look like and proposes specific interventions. The third chapter, Gambling on disability Rights, identifies a barrier for inclusion of disabled athletes in elite sports: the regulation of sports betting. It argues that recently adopted rules of elite sports organizations, which ban the disclosure of material information that might be used for betting (“anti-tipping rules”), have a detrimental effect on athletes with psychosocial impairments (e.g., general anxiety disorder, bipolar disorder). Because psychosocial impairments may significantly affect the ability of athletes to perform at the highest levels, anti-tipping rules prohibit athletes from disclosing their impairments. This forced secrecy, in turn, may adversely affect athletes’ mental health and might prevent them from claiming protections to which they are entitled under disability rights laws. Perhaps most importantly, given that athletes are public figures who serve as role models for many, these rules might perpetuate the stigma surrounding mental health in society at large. The chapter proposes strategies to resolve this problem by drawing on the rule against insider trading in securities law.

[pt] Há dois séculos, o Brasil se tornava independente pela via do constitucionalismo, um período controverso em que diversas propostas em forma normativa, além do projeto da Constituinte e do Conselho de Estado, foram apresentadas para a constituição do Império brasileiro. O objetivo desta dissertação é analisar esses projetos e bases constitucionais datados entre 1822 e 1824 e comparar suas estruturas de governo e as liberdades individuais sob uma ótica teórica contemporânea aos fatos, especificamente as ideias do publicista franco-suíço Benjamin Constant. Para isso, foram empregados os métodos dedutivos e da Nova História, considerando a perspectiva de António Manuel Hespanha, e preceitos e técnicas do Direito Comparado. A pesquisa se justifica pela ausência de estudos exploratórios das demais formulações normativas publicizadas e a necessária adição de outros elementos e novas leituras para a melhor compreensão do debate público em torno da história constitucional brasileira. / [en] Two centuries ago, Brazil became independent through constitutionalism, a controversial period where several proposals in normative form, in addition to the project of the Constituent Assembly and the Council of State, were presented for the constitution of the Brazilian Empire. The objective of this dissertation is to analyze these projects and constitutional basis dated between 1822 and 1824, comparing their government structures and individual liberties from a theoretical perspective contemporary to the facts, specifically the ideas of the French-Swiss publicist Benjamin Constant. For this, deductive and New History methods were used, considering the perspective of António Manuel Hespanha, and precepts and techniques of Comparative Law. The research is justified by the absence of exploratory studies of other published normative formulations and the necessary addition of other elements and new readings for a better understanding of the public debate around Brazilian constitutional history.

This thesis analyzes the legal history of the Supreme Court’s Fourth Amendment case law as it relates to the police practice of Stop and Frisk which shifted drastically in 1968 with the creation of the “Terry Stop”. From that decision, it analyzes the broader role that both the Judiciary and Law Enforcement, as fundamental American institutions, played in the creation of the Carceral State. This research draws on archival Supreme Court records to demonstrate that the decision to reinterpret the Fourth Amendment’s prohibition on warrantless searches and seizures was made in full view of the politicization and racialization of crime. Further, it shows that the Supreme Court both faced and succumbed to the immense pressure that Law Enforcement, lobbyists, and the United States Department of Justice placed on it. In response, the Court created a semantic carveout of the Fourth Amendment that permitted the practice of racially motivated Stop and Frisk, and the confiscation of contraband found during such frisks as evidence of a crime. In doing so, the Court demonstrated its allegiance to Law Enforcement—in the face of significant evidence to the contrary—by continually dismissing arguments that police practices were motivated by negative stereotypes. In legalizing the Stop and Frisk in 1968, the Court empowered Law Enforcement to practices to gradually shift away from the racially motivated police harassment from the Vagrancy Regime of the Jim Crow era to a constitutionally permissible Stop and Frisk regime. This thesis situates the advent of that change in Police Power which brought about this new regime as a primordial cornerstone in the creation of the Carceral State which was characterized by police as the agents who gathered Black bodies from American streets into the justice system.

The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious to racist thought. Analyzing German Southwest Africa, there is the application of racist pseudoscience, and finally, in Nazism, a mixture of both, but also an evolution of colonial discourse. At the end, I proved the existence of colonial discourse in the Nuremberg Laws, demonstrating how earlier colonialisms influenced the Holocaust.

No description available.

The role of the African Canadian pastor transcended the responsibilities of a religious leader of a local church to become the leader of the African Canadian community and its emissary to the larger white community. Through his exemplary Christian faith and practice, William Andrew White Jr. became a central figure in the African Canadian community. His role in African Canadian life was fluid and adaptive to the adversities of slavery, segregation, discrimination, and racism; over the years his role grew from spiritual leader providing care, self-esteem, and protection for his local church to also becoming one of polemicist, activist, and protest leader for the African Canadian community in general. Overall, this dissertation argues that the experiences gained by William Andrew White Jr. during the periods of Reconstruction and Redemption in the United States and the discrimination and racism he incurred in Canada, were foundational in shaping White’s theology. Additionally studying his influences and motivations assists in understanding White’s theology and his praxis for race relations and social justice; it is a theology that sought to foster racial harmony through black economic uplift and black socio-political engagement that laid the groundwork for the Canadian Civil Rights Movement. Ultimately, this dissertation argues that William White was a progenitor of the Canadian Civil Rights Movement and, while his national presence among the white community was not that of Martin Luther King Jr.’s, he did have a prominent presence among the black community in the Maritimes and, had he lived longer, may have become a significant national figure in Canada. Furthermore, the role he played setting the foundation for the Canadian Civil Rights Movement was similar to that of the leaders of the Civil Rights Movement in the United States.

No description available.

Equal Employment Opportunity laws are a relatively new construct within the framework of American legal history. This area of law, however, has experienced significant development within a relatively short span of time. Over the last half-century, the Supreme Court of the United States has handed down several landmark decisions, clarifying the law as to what constitutes sexual harassment, and in which circumstances employers can be held liable for the harassing actions of employees. The purpose of this thesis is to examine this development, and to assess the question of whether the awards given to male victims of workplace sexual harassment are comparable to the awards given to female victims.

The attacks of September 11, 2001 (9/11) caused thousands of deaths, national and global panic, and immediate action by the federal government to protect the borders of the United States of America (USA) from terrorism. In response to these attacks, the United States (U.S.) government enacted laws for law enforcement agencies to protect against terrorist activities. Law enforcement agencies are effective in combating terrorism, but their measures contain a major flaw - the improper use of race in profiling to address national security and public safety concerns. Racial profiling is an ineffective measure for preventing terrorism. There are solutions to correct this flaw through reconstructing training and implementing policies for all law enforcement agencies. The intent of this thesis is to discuss the history and the effectiveness of profiling in U.S. post-9/11 counterterrorism through theoretical research of peer-reviewed journals and articles, relevant laws, and United States Supreme Court cases to offer solutions to the problems racial profiling presents. The discussion will generate a search for new ways law enforcement agencies could conduct daily counterterrorism operations.