Thesis (MA)--University of Stellenbosch, 2000. / ENGLISH ABSTRACT: This thesis examines the relationship between law and justice. Firstly, it is argued that the concept of justice tends to be defined too narrowly as distributive justice or as a mechanism to maintain social order. It is argued that Jacques Derrida's understanding of justice not only gives a richer and broader understanding of the concept, but also on its complex relationship with the law. Lastly, some of the possible implications for jurisprudence (with specific reference to Critical Legal Studies, Critical Race Theory and Drucilla Cornell) are examined. / AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek die verhouding tussen geregtigheid en die reg. Daar word eerstens geargumenteer dat geregtigheid te maklik gedefinieer word as distributiewe geregtigheid of as In meganisme om sosiale orde te bewerkstellig. Daar word geargumenteer dat Jacques Derrida se verstaan van die konsep nie aileen 'n breer en ryker verstaan moontlik maak nie, maar dat dit ook fokus op die komplekse verhouding met die reg. Laastens word sommige van die moontlike implikasies vir regsfilosofie (met spesifieke verwysing na Critical Legal Studies, Critical Race Theory en Drucilla Cornell) ondesoek,

Research evidence indicates that hearing aids and auditory trainers worn by school children routinely malfunction. Ensuring properly functioning amplification is a preferred educational practice and is required by PL 94-142 regulations. Research was needed to determine if schools were complying with the regulations and recommended educational procedures. This study described and evaluated procedures used by educational agencies to monitor and maintain amplification units worn by hearing-impaired students. Two examiner-developed survey intruments were mailed to residential and public day school teachers and administrators to collect data and answer 11 research questions pertaining to: (1) monitoring and maintenance procedures, (2) relationships between demographic, personnel, and placement characteristics and preferred monitoring and maintenance practices, and (3) monitoring and maintenance practices compared with a model of preferred practice. Personnel were surveyed in one residential school for the deaf in each state and a stratified random sample of 200 public day schools. A total of 310 (63%) surveys were returned from 164 (65.6%) administrators and 146 (58.4%) teachers. Results indicated that the majority of programs had some system of monitoring and maintaining amplification units, but only 54.1% (73) performed daily checks of hearing aids and 58.3% (67) performed daily checks of auditory trainers. Teachers in 76.9% of the sample reported that electroacoustic analysis was available as one part of audiologic evaluation, but not usually scheduled on a routine basis. Teachers were responsible for monitoring activities in over 75% of programs, regardless of the educational model: self-contained, resource, or itinerant. Significant positive relationships were found between (1) program size and one preferred monitoring and maintenance variable, (2) full-time audiologist and three preferred variables, (3) residential school placement and four preferred variables, (4) inservice training and three preferred variables, (5) full-time audiologist and program size and (6) full-time audiologist and residential school placement. These and additional findings suggest that while some improvement in monitoring and maintenance practices has occurred since the implementation of PL 94-142, full compliance by employing preferred professional practices has not been achieved. Recommendations are made for improving personnel preparation, monitoring and maintenance practices, and research.

This study examines the groundwater controversy in U.S.-Mexican relations and the role domestic political structures are likely to play in shaping a bilateral agreement apportioning transboundary groundwater. The study shows that waterpolicy making in the United States takes a distributive form while policy making in Mexico resembles a mobilization style of policy formation. It is argued that these dissimilar national water policy systems affect the way both nations engage the other in bilateral water disputes and are relvant to ascertaining the prospects for resolving the groundwater controversy. The study surveys the relevant hydrological, historical and economic context bearing on the groundwater dispute, then examines the moles of domestic policy making in each country. It follows with an analysis of how national differences in policy making are witnessed in previous bilateral water conflicts. Water policy patterns pertaining to the United States and Mexico respectively strongly influence the making of foreing policy in this sogere. Domestic policy making affects the manner of politization, objectives sought by each nation, and the diplomatic style seen in the adjustment of bilateral water agreements. Patterns seen in previous water conflicts, it is suggested, may obtain in the groundwater case. Nevertheless, the groundwater controversy is substantially different from earlier surface water disputs. Hydrological variation between problem situations is apt to fragment political interests in the United States. Nor is there a firm basis for approaching a settlement in international law. These conditions frustrate extrapolation of past political patterns to the groundwater situation. The study concludes analyzing various methods for resolving the groundwater conflict in light of political limitations. Of these alternatives, a case by case, ad hoc approach to settling the groundwater conflict is indicated as the most feasible approach. Attainment of a fully comprehensive groundwater treaty as now envisioned by the International Boundary and Water Commission (IBWC), is not likely to be achieved. However, formal comprehensiveness can be had by conferring on IBWC comprehensive authority to seek case by case solutions.

Three historic communities with varying levels of social, economic and historic preservation issues are studied in the following chapters to determine motivations for negotiating community benefits agreements (CBAs), and to determine motivations for the specific benefits outlined within each community’s respective CBA. The case study research examines the historic preservation language within each CBA as well as how the development itself and the other benefits prescribed in the CBAs will positively or negatively impact each community. The case study communities demonstrate that CBAs can be used as historic preservation planning and implementation tools. By including thoughtful and transparent community benefits language, a community will be able to use the tools – i.e. financing, technical assistance, advice and guidance, etc. – provided to them within the CBA to successfully carry out the benefits promised within the CBA. / Department of Architecture

The purpose of this study is: to explore and analyze the Communication Assistance for Law Enforcement Act of 1994 (CALEA), to identify problems related to CALEA, to identify solutions devised by other countries to overcome problems similar to CALEA's, and to propose feasible solutions to CALEA problems.

The purpose of this study was to determine the degree to which existing aquatic facilities in the North Texas metroplex complied with the 1991 Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the proposed Americans with Disabilities Act Accessibility Guidelines: Recreation Facilities (ADAAG supplement). Fifty-two aquatic facilities were evaluated based on: parking lot, ticket counter, gate/entry, restroom, dressing area, drinking fountain, pathway, and pool entry method structural domains. Physical measurements and a few direct observations were recorded on the survey instrument. Surveys were then reviewed and facility scores were tabulated. No facility was found to be 100% compliant with ADAAG and the ADAAG supplement. Aquatic facilities are already struggling to catch up with the 1991 ADAAG, but when the United States Department of Justice approves the proposed ADAAG supplement, aquatic facilities will fall even further behind.

This study examined perceptions of student legal issues confronting metropolitan institutions of higher education. The data for the study were collected using a modified version of Bishop's (1993) legal survey. The sample for the study consisted of 44 chief student affairs officers and 44 chief legal affairs officers employed with the 44 institutions affiliated with the Coalition of Urban and Metropolitan Universities. Frequency counts and percentage distributions were employed to analyze the data. Chief student affairs officers and chief legal affairs officers have very different perception as to the most likely student legal issues to be litigated in the next ten years. Chief student affairs officers found few student legal issues highly likely to be litigated in the next 10 years. Affirmative action, sex/age discrimination, fraternities and sororities, and disabled students were the only student legal issues at least 20 percent of chief student affairs officers believed to be highly likely of litigation in the next ten years. Chief legal affairs officers believed many student legal issues would be litigated in the next 10 years. At least 20 percent of the chief legal affairs officers believed admission criteria, affirmative action, reverse discrimination, sex/age discrimination, athletic tort liability, Title IX, defaulting student loans, defamation, negligence, academic dismissals, academic dishonesty, cyberspace issues, and disabled students to be highly likely of litigation in the next ten years. Chief student affairs officers and chief legal affairs officers prepare very similarly for future student legal issues they may confront in the future. There is a large amount of crossover between professional conferences of chief student affairs officers and chief legal affairs officers. Student affairs and legal affairs officers will attend professional conferences of both groups in order to stay abreast of student legal issues. It appears chief student affairs officers are not prepared to confront many of the student legal issues highly likely to be litigated in the next ten years.

The problem of this study was to determine the extent of agreement or disagreement by public school principals in the State of Texas with fifty selected court decisions. The population of the study consisted of all the public school principals in the State of Texas. From this population, a subject of 600 potential respondents was chosen for participation in the study upon the recommendation of the doctoral advisory committee using a random sampling technique. The instrument used in this study was a law questionnaire that was developed in conjunction with Dr. Roosevelt Washington of North Texas State University. The first part of the law questionnaire requested background information from the respondents which was used for the independent variables of the study. The second part of the law questionnaire contained fifty summarized court decisions to which principals were asked to indicate their level of agreement or disagreement.

Inclusion of home ownership in national housing policy indicates that home ownership should be available to everyone. National housing policy is assumed by the author to be contained in the Housing Act of 1949: a decent home and suitable living environment for all Americans. Findings are that preferential treatment of homeowners embodied in the U.S. tax and financial structure conflicts with restrictive monetary policy and with a full employment fiscal policy. Home ownership does not meet the needs of contemporary lifestyles or of low income families. Fiscal zoning restricts access to housing for low income families. The conclusion of this thesis is that home ownership is not available to all Americans under the present federal housing programs, and therefore should not be included in national housing policy.

During the years following Brown v. Board of Education, the U.S. district courts assumed the burden of implementing that decision across the country. The purpose of this study is to examine the role of the district court judges in the Fifth Circuit Court of Appeals in that effort. The primary sources used are the district, appellate and Supreme Court opinions. This study concludes that many background variables used to study judicial behaviour are ineffective in this geographical area because of the homogeneity of the judges' backgrounds. But, as indicated by the Johnson appointments, a president can select judges that have a particular attitude toward an issue such as integration, if he has the desire and the political acumen to do so.