As American schools moved into the twentieth century and beyond, they encountered an increasingly litigious society. While many school districts and their employees have enjoyed protections from tort liability via some form of state tort claims act or exemption, this immunity varies from one state to another. The variations in these laws have made it difficult for educators and school districts to understand how state legislation impacts their daily activities inside and outside the classroom. In this environment, it has become imperative for educators to understand state and federal laws related to tort liability. By focusing specifically on tort claims filed against school boards and educators in the state of Alabama under the Alabama Sovereign Immunity Act, this dissertation adds to a growing body of research on state tort laws as they apply to local school boards and their employees. From over one hundred cases reviewed, fourteen were selected for in-depth analysis of the ways in which Alabama courts have interpreted sovereign immunity statutes and the specific limits on those protections. This study found that courts in Alabama have recognized local boards of education as state agencies and their employees as state agents, making them subject to the doctrine of sovereign immunity so long as they are operating within the scope of their assigned roles and responsibilities.

This paper analyzes the socio-legal challenges relating to the return and reintegration of refugees. Using Rwanda as a case-study, it focuses on the conditions or factors necessary for a sustainable return and reintegration and the positive impact of the implementation of Rwanda’s post-conflict socio-legal framework. Also suggests practical solutions to addressing the challenges so as to achieve a durable return and re-integration of Rwandan refugees. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Kwadwo Appiagye-Atua, Faculty of Law, University of Ghana. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Recent years have seen a growing scholarly interest in the conditions of emergence of regional trade agreements in Africa. These analyses have advanced our knowledge on a range of technical issues, from specific institutional transformation of regional economic communities such as the Economic Community of West African States (ECOWAS) to broad legal issues relating to the provisions of the regional trade agreements. Most literature on ECOWAS is, however, informed by legal formalism that interprets the text of the treaties strictly and without context, leading to a dominant interpretation of failure. By contrast, this thesis adopts a socio-legal approach and argues that the dominant narrative’s conceptualization of ECOWAS is narrow and under-representative of the broader contexts of the social relations in which ECOWAS Treaties and their implementation are embedded. The failure narratives do not adequately account for the complex social, historical, and political factors that shape the implementation of the ECOWAS Treaties. By combining socio-legal approach with insights from International Relations on new regionalism, the thesis reconceptualizes regionalism in ECOWAS as a social phenomenon. It approaches the ECOWAS Treaties as embedded in the socio-political relations, power struggles, and social structures of the Community. To differentiate the thesis from existing research on ECOWAS, it incorporates national, regional, and international factors in illuminating the complex and multifaceted confluence of circumstances that shape the implementation of the ECOWAS Treaties. Simultaneously, the thesis enriches our understanding of the theories of new regionalism by deepening the analysis in relation to ECOWAS. Seen from this perspective, the thesis concludes that ECOWAS cannot be regarded as a straightforward failure and that its achievements are not to be found primarily in economic integration but in other socio-political factors that it enabled. Finally, the analysis opens new opportunities for future normative analyses that interrogate the effectiveness of ECOWAS by taking into account the socio-political contexts in which it is embedded.

The current study examines judicial discourse about BDSM activities within decisions rendered in Canada during the past 20 years. A recent uprise in popular culture representation has resulted in a greater uptake of Bondage / Discipline / Dominance / Submission / Sadism / Masochism (BDSM) in the sexual lives of Canadians. Little research to date has been completed to analyze the implications that the uprise may have on the legal system when BDSM cases are presented. In particular, the legal system is being tasked with interpreting many different consent standards through the narrow affirmative-based definition found under Section 273.1 (1). The current study employed a qualitative analysis of all Canadian criminal court cases and appeals available in legal software that dealt with the issues of consent and BDSM (n=23) over a 20-year time frame. The study found that judges must interpret 4 different types of consent found within sexual relationships: affirmative consent, advanced consent to unconscious acts, consent to bodily harm and mistaken consent. Finally, the current study found that the way judges interpreted BDSM consent standards reflects a wider shift in governance from legal moralist thinking to a neoliberal paternalist governance.

Disproportionality in special education is a long-standing issue. Some scholars have proposed group or universal screening for emotional and behavioral risk in schools as a method of addressing disproportionality. Considering previous case law, questions exist as to the legality of such screening programs in public schools. The purpose of this inquiry was to apply critical discourse analysis (CDA) to the federal case of Rhoades v. Penn-Harris (2008) to explore how court discourse reflects issues of social power and multidisciplinarity in the context of a school mental health screening program. CDA is usually interdisciplinary and focuses on explaining discourse structures related to social problems and may be applied from various theoretical frameworks and methodologies. This study used a discourse-historical approach to address the questions regarding the court’s discussion of relative power relationships, its use of argumentation strategies, and the knowledge base(s) accessed in formulating its arguments. Case study findings indicated that the court's use of various argumentation strategies in its discourse on student mental health screening presented varying potential duties and liabilities for entities and individuals involved in such programs. Additionally, although mental health screening in public schools requires an interdisciplinary approach, the court's discussion of the program litigated in Rhoades used a centrist, law-based perspective, suggesting that attempts to facilitate a pluralist or an integrationist approach to such cases may require efforts particular to legal, as opposed to clinical, practice. Recommendations for developing school mental health screening programs sensitive to issues addressed by Rhoades are provided.

Thesis ( LLM.) --University of Limpopo, 2019 / For decades, land reform and land redistribution have been tensely contested issues across the entire African continent. It is particularly worse in countries that experienced the wrath of colonisation, and imperialism, and apartheid in the case of South Africa. This is because the historical dispossessions of land resulted in major displacements, disenfranchisements, underdevelopment, socio-economic vulnerabilities, and thus, poverty in the end. To a large extent, such abysmal experiences of land dispossessions are responsible for the present pervasive social and economic inequalities besieging majority of proletariat masses. Worth noting is the fact that even after the passing of the Universal Declaration of Human Rights Convention of 1948, human rights violations against the native people of South Africa continued unabated. Against this backdrop, this mini-dissertation set out to conduct a critical analysis on whether expropriation of land without compensation is practicable, at least constitutionally speaking, especially within the context of rights-based approaches to property law, juxtaposed with the post 1994 truth and reconciliation initiatives, and the Constitution’s so-called transformative agenda. It is appreciated that section 25 of the Constitution, 1996 in its present does not prohibit expropriation of land. However, it is asserted that to enhance necessary impetus to the law, the decision of the National Assembly (legislature) to embark on a process of amending section 25 is justified. This is because there is a need to expressly insert a clause or sub-clause which shall, with absolute certainty, enable expropriation of land without compensation in order that the post-1994 dispensation does not get caught on the wrong side of constitutional supremacy system of governance. The fact that the legislature embarked on a process that seeks to conform to the rule of law is commendable, because it confirms a widespread commitment of transforming the country’s social, legal and political realities, within the confines of the Constitution

Thesis (LLM. (Labour Law)) --University of Limpopo, 2014 / This mini-dissertation discusses the application of the principles of corporate governance in the Musina Local Municipality. It further discusses the legislative framework and the institutions of government which are responsible for the effective implementation of corporate governance in the local government sphere. It further discusses the challenges faced by Musina Local Municipality which are ranging from fraud and corruption and poor financial management and this result in poor service delivery.

Thesis (LLM. (Labour Law)) --University of Limpopo, 2014 / This mini-dissertation discusses the application of the principles of corporate governance in the Musina Local Municipality. It further discusses the legislative framework and the institutions of government which are responsible for the effective implementation of corporate governance in the local government sphere. It further discusses the challenges faced by Musina Local Municipality which are ranging from fraud and corruption and poor financial management and this result in poor service delivery.

abstract: Treating the Pro-Life Movement as a monolithic entity creates a blind spot regarding the cognitive effect of the fetal personhood rhetorical framework. This study applies an interpretive lens, using legal and discourse analysis as tools, to provide a critical analysis of personhood laws and web content to shed light on how linguistic patterns construct, and are informed by, worldview. Examining variations in proposed Human Life Amendments—and asking how, or if, proposed bills achieve their specified aim—reveals tension in state and federal jurisdiction of abortion regulations. It also exposes conflicts concerning tactical preferences for attaining fetal personhood and ending abortion that are useful to differentiating the Pro-Life and Personhood Movements. Framing and discursive practices of the Personhood Movement reflect a ‘black and white’ mentality and an overly-simplified worldview. Movement cognition is shaped by patterns of omission and exclusion, inclusion, repetition, troubling phrases, and the power of labels. The linguistic choices demonstrate, constitute, and reinforce the dominant narratives of the movement and are integral to advocacy, praxis, and legislative efforts. While the struggle to pass personhood-compliant legislation has not been successful, the rhetorical practices and representational framework of the Personhood Movement have succeeded in altering the national discourse surrounding beginnings of life and abortion. The extreme views of the Personhood Movement reconstitute the middle—making tactics of the mainstream Pro-Life Movement seem moderate and reasonable by comparison, which allows dangerous legislation to slide by under the radar. / Dissertation/Thesis / Masters Thesis Social Justice and Human Rights 2018

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / This work investigates the dynamics of the classes of land use and cover in the hydrographic subbasin of Arroio Arenal - RS, through the representation of spacetime processes. Spatial analysis of a distinct time series among the dates of October of 1995, May of 2000 and January of 2005 through a set of multisensor images was performed. It has generated representative landscape information and related them to different socioeconomic, politic and enviromental aspects inherent to the Subbasin in question. The spatial analysis starts from the LEGAL language implemented in a Geographic Information System, which became possible the application of image processing and digital classification techniques and the generation of thematic maps, such as cartographic base and slope which have complemented the representation of scenes of the studied area. The digital classification of the satellite images was carried out in the supervised mode, using the Bhattacharya classifier algorithm. The generated data had supported the spatial analysis of the land use and cover, in which had been defined the main parameters to evaluate the dynamics of the studied area: forest evolution, agricultural evolution and regeneration evolution. Among the main results, it is highlighted the predominance of the fields in the regional landscape, occupying 63.71% of the area and the great agricultural advance on these areas, quantified at the end of the period in 8.830,163 ha and still the addition of forest areas in 6.276,749 ha. From the mapping of the Permanent Preservation Areas and the environmental conflicts caused by the agricultural practices in inadequate places, 1,719.957 ha had been delimited as priority reforestation areas. It is concluded that the intensity of the exploratory activities in the subbasin is responsible for many changes occured during the analyzed period. / Este trabalho investiga a dinâmica das classes de uso e cobertura da terra na subbacia hidrográfica do Arroio Arenal RS, através da representação de processos espaço-temporais. Por meio de um conjunto de imagens multi-sensores, realizou-se a análise espacial de uma série temporal distinta entre as datas de outubro de 1995, maio de 2000 e janeiro de 2005, gerando informações representativas da paisagem e relacionando-as a diferentes aspectos sócio-econômicos, políticos e ambientais inerentes a sub-bacia em questão. A análise espacial parte da linguagem LEGAL implementada em um Sistema Geográfico de Informação, que possibilitou ainda o emprego de técnicas de processamento e classificação digital de imagens e a geração de mapas temáticos, tais como base cartográfica e declividade que complementaram a representação de cenários da área de estudo. A classificação digital das imagens de satélite foi realizada do modo supervisionado, utilizando-se o algoritmo classificador Bhattacharya, os dados gerados neste processo embasaram a análise espacial do uso e cobertura da terra, na qual foram definidos os principais parâmetros para avaliar a dinâmica da área de estudo: evolução florestal, evolução agrícola e evolução da regeneração. Entre os principais resultados, destaca-se a predominância dos campos na paisagem regional, ocupando 63,71% da área, e o grande avanço agrícola sobre estas áreas, quantificado no fim do período em 8.830,163 Ha, e ainda o acréscimo de áreas florestais em 6.276,749 Ha. A partir do mapeamento das Áreas de Preservação Permanente e dos conflitos ambientais ocasionados pelas práticas agrícolas em locais inadequados, foram delimitados 1.719,957 Ha como sendo áreas de reflorestamento prioritário. Conclui-se que a intensidade das atividades exploratórias na sub-bacia são responsáveis por várias mudanças ocorridas durante o período analisado.