Changes in the health sector in South Africa have been widespread since 1994 with restructuring ofthe public sector being the focal point of legislation. The limelight has recently shifted focus to the health sector with the Medicine and Related Substances (MRSCA) Amendment Act, 59 of 2002 in which generic substitution was finally promulgated, after disputes in the international arena about patent rights, due to the government's policy on parallel imports. Section12 ofPharmacy Act 90, which forms part of the Act is an attempt to further regulate the industry, that eventually became effective this year. This legislation addresses issues of sampling and perverse incentives and calls for the establishment of a Marketing Code for the pharmaceutical industry. The South African government has, as part of the amendment, called for input from all stakeholders including: trade associations, the pharmaceutical industry and the medical profession. All role players were invited to be part of the decisionmaking process as to what should constitute the Marketing Code and its' regulatory body. The Society of Psychiatrists (SASOP), an affiliate of the South African Medical Association (SAMA), has not yet prepared a response to SAMA for submission to government with regard to the Marketing Code, in the field of central nervous system (CNS) products. The impact of the banning of samples on psychiatric private practice is not known and there is insufficient data available about the marketing activities of drug companies and the link to the prescription habits of medical professionals. Further, to date, there has been no canvassing of opinions with regard to the impact of the legislation on the consumer. In this case study analysis, an evaluation of the impact of legislative changes in the South African pharmaceutical industry is made. Recommendations as to what should constitute a Marketing Code for the pharmaceutical industry are highlighted. restructuring ofthe public sector being the focal point of legislation. The limelight has recently shifted focus to the health sector with the Medicine and Related Substances (MRSCA) Amendment Act, 59 of 2002 in which generic substitution was finally promulgated, after disputes in the international arena about patent rights, due to the government's policy on parallel imports. Section12 ofPharmacy Act 90, which forms part of the Act is an attempt to further regulate the industry, that eventually became effective this year. This legislation addresses issues of sampling and perverse incentives and calls for the establishment of a Marketing Code for the pharmaceutical industry. The South African government has, as part of the amendment, called for input from all stakeholders including: trade associations, the pharmaceutical industry and the medical profession. All role players were invited to be part of the decisionmaking process as to what should constitute the Marketing Code and its' regulatory body. The Society of Psychiatrists (SASOP), an affiliate of the South African Medical Association (SAMA), has not yet prepared a response to SAMA for submission to government with regard to the Marketing Code, in the field of central nervous system (CNS) products. The impact of the banning of samples on psychiatric private practice is not known and there is insufficient data available about the marketing activities of drug companies and the link to the prescription habits of medical professionals. Further, to date, there has been no canvassing of opinions with regard to the impact of the legislation on the consumer. In this case study analysis, an evaluation of the impact of legislative changes in the South African pharmaceutical industry is made. Recommendations as to what should constitute a Marketing Code for the pharmaceutical industry are highlighted. / Thesis (MBA)- University of Natal, 2003.

No abstract available / Thesis (M.A.)-University of Natal, Durban, 1976.

Dominant theories of aboriginal rights articulate the relation between rights and identity in terms of a logic which treats identity as an irreducible good and rights as the instrumental means of its protection. However, identity claims and legal claims emerge in our use of language. Identity and the institutions in which identities are expressed and experienced are constituted in speech. A close analysis reveals the degree to which law and identity are a systemic imbrication of normative claims characterized by an innate indeterminacy. This indeterminacy renders all rights and identity claims contingent on their reception and validation by others.

There is no abstract available for this dissertation.

The purpose of the study was to determine if the language of the negotiated agreements of Indiana School Corporations was reflected in professional growth and staff development activities. Collective bargaining agreements during 1982-1983 and 1988-1989 from 289 Indiana School Corporations were compared to identify the existence, if any, of (a) a trend in the acknowledgement of professional growth and staff development-related statements found in the contracts, and (b) policy statements delineating how staff development activities and curriculum-related activities were to be conducted in schools. Contract language in which comparisons appeared to be significant were subjected to the Friedman Two-way Analysis of Variance (Friedman ANOVA) to determine whether or not comparisons were statistically significant at the .05 level. Such statistically significant comparisons also helped to determine whether or not school corporations incorporated contract language, which gave instructional staff a legal position in decisions which affected teacher professional growth and participation in curriculum-related matters.Conclusions1. Compared to small enrollment Indiana School Corporations (3,000 students or less), large enrollment Indiana School Corporations (3,001 or more students) were more likely than statistically expected to provide salary compensation for higher levels of teacher education training and sabbatical leave compensation at statistically significant levels of .05 or less, based upon use of the chi-square statistic.2. The research findings failed to support movement toward greater Indiana School Corporation contract language in 1982-1983 and 1988-1989 in most of the specified staff development factors under investigation in the research. Therefore, contrary to the literature which claimed that collective bargaining would be used as a vehicle for staff development change, collective bargaining has not provided structural support for such change among Indiana School Corporations. / Department of Educational Leadership

The purpose of this study was to determine the level of satisfaction of selected teacher spokespersons toward Indiana Public Law 217, the collective bargaining law for teachers.A survey instrument consisting of forty-six items in five Likert-response categories was mailed to 125 randomly selected teacher spokespersons in Indiana. Space was provided for respondents to write comments or rationale for their answers. Fifty-seven teacher spokespersons responded to the survey.The following rank order was utilized for each of the sections of Indiana Public j 217 ranging from (5) highly dissatisfied, (4) somewhat dissatisfied, (3) neutral, (2) somewhat satisfied to (1) highly satisfied based on the mean scores.Findings1. Selected teacher spokespersons rated four section items between 4.00 and 5.00.2. Of the forty-six section items that were surveyed, seventeen sections were rated between 3.00 and 3.99.3. Negotiators for the teachers ranked seventeen sections of Indiana Public L&7_ between 2.00 and 2.99.4. Eight section items were rated between 1.00 and 1.99 by the teacher spokesperson.Conclusions1. Teacher spokespersons were dissatisfied with the inability to strike and the penalities for unlawful strikes.2. Teacher spokespersons were dissatisfied with the procedures and restrictions governing bargaining and discussions.3. Teacher spokespersons were dissatisfied with the provisions and procedures of fact-finding, arbitration and maintaining a status quo contract.4. Teacher spokespersons were dissatisfied with the sections of the law dealing with the rights of the employer5. Teacher spokespersons were dissatisfied with the stated intent of the law.6. Teacher spokespersons were dissatisfied with the structure and powers of the Indiana Education Employment Relations Board.7. Teacher spokespersons were satisfied with the definitions of certificated employees and exclusive representative.8. Teacher spokespersons were satisfied with the procedures of unfair practices as stated in the law.9. Teacher spokesperson were satisfied with the procedures of dues deductions as stated in the law.

The focus of this study is on the criteria and processes used by the South African Revenue Services (SARS) in recognising spouses in permanent, unmarried unions. In theoretically positioning this focus, four possible areas of tax benefits were reviewed . These include: (i) donations tax, (ii) capital gains tax, (iii) estate duty tax and (iv) transfer duty. Also , the focus of this study was positioned relative to South African taxation acts. Specifically, three Acts were selected for review, viz.: (i) the Income Tax Act, No. 58 of 1962, the Estate Duty Act, No. 45 of 1955, and the Transfer Duty Act, No. 40 of 1949. These Acts may be understood relative to the South African Constitution's framing of notions like equality - given that these Acts signal the legislation's intention to honour the constitutional rights of its tax-paying citizenry. Furthermore, a theoretical framework that highlights official and espoused perspectives of practice is reviewed as it provides a theoretical frame for this study. Given this legislative and theoretical background the following aims were focussed: (1) To identify the official and espoused criteria used by the South African Revenue Services to recognise unmarried partners as spouses, and (2) To identify the official and espoused processes used b~ the South African Revenue Services to recognise unmarried partners as spouses. The chosen methodology is an explorative descriptive methodology, as situated within a qualitative framework. Data sources are described as constituting the three tax Acts, a senior SARS official, and SARS helpdesk personnel. Data selection criteria are described , and convenience and purposive sampling are the stated data selection techniques. Document analysis and interview schedules were used to collect data. Data was managed and analysed via the use of several data analysis techniques. Results are presented and discussed. Significantly, SARS has non-specific criteria that are nebulous, and open to interpretation. Furthermore, processes are poorly stated and provide insufficient guidance to the taxpayer. Given these outcomes, this study also offers two South African legal cases that cogently illustrate criteria and processes for recognising a spouse. Each of these cases are analysed regarding the criteria and processes used to determine the definition of 'spouse'. These cases, while dealing with issues of same-sex adoption and same-sex partner's rights to remuneration benefits serve to highlight factors that may be of use to SARS. Furthermore, international case exemplars are also discussed. Specifically, Canada's taxation laws were focussed. Canada's criteria and processes used to define common-law partners (read as spouse for purposes of this study) serves as an informative case exemplar, relative to other countries also investigated in this study, viz .: the United States of America , Belgium and other European countries. Finally, several recommendations are stated , and an evaluation of the study is provided. / Thesis (M.A.)-- University of Durban-Westville, 2002

In Nixon v. Vancouver Rape Relief Society, a legal case involving the exclusion of a male-to-female transsexual from a volunteer position with a women-only organization, the question of what a woman is one of the central questions being addressed. Questions of this kind place significant limits on cases like Nixon that involve women-only organizations and transgendered persons, since they can only address the place of women, and not the transgendered, in an organization like Rape Relief. This thesis examines two of the decisions that have emerged from Nixon v. Vancouver Rape Relief Society and Vancouver Rape Relief Society v. Nixon - in order to account for their shared investment in determining what a woman is. It then utilizes select writings of Jacques Derrida, Michel Foucault and Emmanuel Levinas to consider how the discussion taking place in Nixon might be recast in a manner that better accounts for the claims of women and the transgendered, enabling a responsive encounter between the one and the other.

Since 1982. the Canadian Constitution has "recognized and affirmed the Aboriginal and treaty rights of the Indian, Inuit, and Métis peoples of Canada," peoples that hold their unique status within the federation by virtue of their prior social organisation. The author argues that, when Aboriginal rights are invoked, analysis should focus on the community in which the right is said to reside. Contemporary rights-holding communities are those linked to the normative orders that preceded and survived those of the later arrivals: in this regard, the Métis are not dissimilar from the other recognised Aboriginal peoples. It is the community's capacity to determine the norms applicable to its members' lives that is important, not the actual content of that order at a particular time: Aboriginal societies must be afforded the latitude to pursue their own aims and ambitions, and their rights must not be limited to activities that appear objectively 'Aboriginal".

Some scholars, in examining the debate which led up to the Midwives Act of 1902, have portrayed the conflict as a struggle between the monolithic medical profession and midwives. However, this thesis demonstrates that the late nineteenth-century medical profession was still very much divided on the issue of midwifery. There were tensions between various branches and between elite members and general practitioners. Further, the British Medical Association, the General Medical Council, the Lancet and the British Medical Journal all competed for the right to speak for the profession as a whole. In the course of the debate the medical profession caricatured the "mythical" untrained midwife while seeking to impress upon the public their own identity as skilled and caring practitioners. The 1902 Midwives Act, which reveals that Parliament, accepted some, but not all, of the medical profession's claims, signifies both the extent and the limits of the medical profession's influence.