Indiana University-Purdue University Indianapolis (IUPUI) / Grounded theory analysis, informed by a socio-cultural lens, was applied to the narratives of eighteen motorcycle riders in order to understand, from the rider’s perspective, receptivity to warning messages regarding motorcycle helmet use. This study relied upon narrative analysis to identify patterns in communication that surround motorcycle riders’ experiences. Socio-cultural cues identified importance in the process of interest development in motorcycle riding, search for information regarding motorcycle riding, response to danger within the motorcycle riding experience, and attitude toward protection messages. Narratives specific to danger, or experiences of motorcycle accidents were analyzed for comparison with fear appeal theory. Special focus was applied to Terror Management Theory (TMT) and applied to the communication surrounding the real experiences of motorcycle accident and the perceived threat of danger while motorcycle riding. Communication evidencing relational influence was examined for examples of socially constructed interpretation of social identity and an individual rider's perspective of their lifeworld. The analysis revealed evidence of the TMT concept of burying or denying thoughts of danger. The TMT concept of lifeworld influence on behavior was evidenced in riders who did not accept warning messages involving helmet use. Examples of attitude and behavior change where present in two study participants’ narratives that described experience of severe injury and also the death of a friend. The riders cited these occurrences as experiences that inhibited their previous behavior of placing thoughts of motorcycle injury and death in the back of mind. Although small in number, this participant group offered multiple categorizations of rider descriptions. The narratives offered distinction in time of life when riding interest developed. As well, motorcycle training facilities were often noted as a source of communication from which riders obtained influence on their future behaviors. From this information insight was gained to offer suggestions for future research on time of message delivery. Riders who develop interest in riding as adults represent a category on which to focus preliminary educational messages. Individuals who have not yet developed an interest in motorcycle riding may benefit from societal cues that demonstrate safe riding behavior. Future research in mass media appeals focused on motorcycle riders are suggested, as is development of educational programs for delivery to high school audiences.

The purpose of this research is to analyze the relationship between the executive and legislative branches of American federal government, during periods within which these two branches are led by different political parties, to discover whether the legislative branch attempts to independently legislate and enact foreign policy by using “the power of the purse” to either appropriate in support of or refuse to appropriate in opposition to military engagement abroad. The methodology for this research includes the analysis and comparison of certain variables, including public opinion, budgetary constraints, and the relative majority of the party that holds power in one or both chambers, and the ways these variables may impact the behavior of the legislative branch in this regard. It also includes the analysis of appropriations requests made by the legislative branch for funding military engagement in rejection of requests from the executive branch for all military engagements that occurred during periods of divided government from 1946 through 2009

The traditional narrative of political party development in the United States of America during the latter half of the 1790s ascribes the decline in popularity of the Federalist Party in the Election of 1800 to that party's passage of controversial legislation, specifically the Sedition Act of 1798, prior to the election. Between the passage of the Sedition Act and the Election of 1800, however, the midterm elections of 1798-1799 transpired and resulted in a significant increase in Federalist popularity in four states – North Carolina, South Carolina, Georgia, and Virginia. This study seeks to ascertain why these four states increased their support for the Federalist Party in 1798-1799, despite the passage of the Sedition Act by the Federalist Party. By examining newspapers and election results, this study analyzes the reaction of these four states to the passage of the Sedition Act and finds that generally, these states did not react strongly against the Sedition Act in the immediate aftermath of its passage. Instead, all four states urged national unity and emphasized the need to support the national government because the United States faced the threat of war with France. This study employs a state-by-state formula to determine each state's individual reaction to the Sedition Act and the Quasi-War, finding that ultimately, the Sedition Act did not have as significant of an impact in these states as the popular narrative holds.

Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed. Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices. The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices. Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices. Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access. South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges. As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright. / Jurisprudence / LL.D.

The thesis investigates the concept of trademark dilution under international and regional trademark law, and under the laws of selected jurisdictions; namely, the United States of America, Germany, the United Kingdom and the Republic of South Africa. The investigation includes measures undertaken to prohibit the internet-based dilution of famous marks through the registration of confusingly similar domain names. It is noted that dilution is imprecisely formulated under international trademark treaty law. In fact, the term "dilution" does not appear in international trademark treaties. To fill the gap of international trademark treaties, various policy initiatives, or `soft law' have been developed, which to some extent clarify both the concept of dilution, the type of mark protected from dilution, and the scope of such protection. The problem is that the policy initiatives are non-binding on States, so that different States have adopted different common law and statutory approaches to the protection of marks against dilution. This is demonstrated, for example, by the fact that the European Union and its Member States provide protection from dilution to "marks with a reputation", while the United States of America provides such protection only to "famous" marks, and the Republic of South Africa protects "marks which are well-known in the Republic" from dilution. The thesis analyses the protection granted in these jurisdictions, to determine the similarities and differences of approach, and to make appropriate law reform proposals to achieve uniformity of protection. In the final analysis, it is concluded that the burden of enforcing dilution provisions rest on the judiciary. This being so, the judiciary is urged to engage in a balancing exercise in deciding dilution cases. The courts should recognize that dilution provisions are powerful tools at the disposal of owners of trademarks with advertising value. At the same time, the courts should be steadfast in ensuring that protection from dilution does not stultify freedom of trade, or create absolute monopolies or a form of copyright in a trademark. / Jurisprudence / LL.D.

This study1 addresses the key information technology issues of the age and its unintended consequences. The issues include social control by businesses, governments, and information age Star Chambers. The study focuses on a comparative analysis of data protection, data security, and information privacy (DPSIP) laws, regulations, and practices in five countries. The countries include Australia, Canada, South Africa, the United Kingdom, and the United States. The study addresses relevant international legal standards and justifications. This multidisciplinary analysis includes a systems thinking approach from a legal, business, governmental, policy, political theory, psychosocial, and psychological perspective. The study implements a comparative law and sociolegal research strategy. Historic, linguistic, and statistical strategies are applied. The study concludes with a next step proposal, based on the research, for the international community, the five countries in the study, and specifically, South Africa as it has yet to enact a sound DPSIP approach. / LL.D. (Laws)

Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed. Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices. The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices. Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices. Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access. South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges. As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright. / Jurisprudence / LL.D.

The thesis investigates the concept of trademark dilution under international and regional trademark law, and under the laws of selected jurisdictions; namely, the United States of America, Germany, the United Kingdom and the Republic of South Africa. The investigation includes measures undertaken to prohibit the internet-based dilution of famous marks through the registration of confusingly similar domain names. It is noted that dilution is imprecisely formulated under international trademark treaty law. In fact, the term "dilution" does not appear in international trademark treaties. To fill the gap of international trademark treaties, various policy initiatives, or `soft law' have been developed, which to some extent clarify both the concept of dilution, the type of mark protected from dilution, and the scope of such protection. The problem is that the policy initiatives are non-binding on States, so that different States have adopted different common law and statutory approaches to the protection of marks against dilution. This is demonstrated, for example, by the fact that the European Union and its Member States provide protection from dilution to "marks with a reputation", while the United States of America provides such protection only to "famous" marks, and the Republic of South Africa protects "marks which are well-known in the Republic" from dilution. The thesis analyses the protection granted in these jurisdictions, to determine the similarities and differences of approach, and to make appropriate law reform proposals to achieve uniformity of protection. In the final analysis, it is concluded that the burden of enforcing dilution provisions rest on the judiciary. This being so, the judiciary is urged to engage in a balancing exercise in deciding dilution cases. The courts should recognize that dilution provisions are powerful tools at the disposal of owners of trademarks with advertising value. At the same time, the courts should be steadfast in ensuring that protection from dilution does not stultify freedom of trade, or create absolute monopolies or a form of copyright in a trademark. / Jurisprudence / LL.D.

This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her property. Private defence of property is available when a person uses force to defend an interest in property, for example; to prevent a would-be thief from taking his own, or another’s property, to prevent someone from damaging his own or another’s property, to prevent an intruder from entering his own or another’s property. When an accused pleads private defence, his claim is that his harm-causing conduct was, in the circumstances, lawful. The reasonable use of force (short of deadly force) in the private defence of property is not disputed. However, the use of deadly force in protection of property is controversial, especially in a constitutional state such as South Africa where life should be prized above property. One should however also consider that there is a close link between the private defence of defending life and of protecting property. In many cases, an assault on property also involves a threat on life. However, there are cases of private defence of property where no threat to bodily integrity exists. These situations will be examined in all three jurisdictions and measured against the various constitutional imperatives. Conclusions and recommendations are made as regards the legal framework on the defence of property in the criminal law of the various jurisdictions. / Criminal and Procedural Law / LL. M.

This study1 addresses the key information technology issues of the age and its unintended consequences. The issues include social control by businesses, governments, and information age Star Chambers. The study focuses on a comparative analysis of data protection, data security, and information privacy (DPSIP) laws, regulations, and practices in five countries. The countries include Australia, Canada, South Africa, the United Kingdom, and the United States. The study addresses relevant international legal standards and justifications. This multidisciplinary analysis includes a systems thinking approach from a legal, business, governmental, policy, political theory, psychosocial, and psychological perspective. The study implements a comparative law and sociolegal research strategy. Historic, linguistic, and statistical strategies are applied. The study concludes with a next step proposal, based on the research, for the international community, the five countries in the study, and specifically, South Africa as it has yet to enact a sound DPSIP approach. / LL. D.