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Strong private property rights to land are recognised as fundamental to the economic growth of a country's legal system. Legal reform of inadequate and inefficient property rights laws is therefore essential. My thesis aims to address the lack of legal reform of the laws governing property rights to land in Nigeria. It does this by critically examining the Land Use Act set up as the primary body of legislation governing property rights in Nigeria.The thesis seeks to offer meaningful insights by proposing an institutional analysis of the limitations to reform of existing laws governing property rights to land in Nigeria. Several approaches of new institutionalism are explored in analysing identified constraints which exist within formal and informal institutions. Explanations of the absence of legal reform are addressed through themes examining formal and informal institutional structures which limit reform. Analyses of institutional structures highlight the significant role played by institutions in the etablishment and development of property right laws in Nigeria. An in-depth look at Nigerian private property laws and legally recognised interests on land exposes fundamental limitations to private property rights protection of individuals within the Nigerian state. The thesis provides valuable insights and addresses institutional limitations through consideration of strategies which would enable and assist legal reform of Nigeria's property rights laws. The study concludes by exploring three aspects. First, it offers reform proposals and analyses the functionality of the proposed reform suggestions. Second, it highlights principles of policy-making redesign within formal institutions. Finally, it offers strategies to assist reform within informal instituional structures.In short, the thesis focuses on enabling legal reform of Nigerian property rights laws to ensure the amendment, modification or excision of bad, inefficient laws in order to offer better protection of individuals' property rights to land.

My research explores what laws, such as laws surrounding immigration, child custody, and divorce, negatively affect polyamorous individuals in the U.S. and how people's perceptions of barriers differ along lines of gender-sexual-racial-class identities. My applied research is conducted for my client, a CNM-friendly attorney in D.C. I investigate the experience of polyamorous people that use lawyers they perceive as consensually non-monogamous (CNM)-friendly. I probe what it means to be "CNM-friendly," how one promotes oneself as a CNM-friendly lawyer to potential clients and the world at large, and the relationship between being a CNM-friendly lawyer and activism.

Text in Afrikaans, abstract in Afrikaans and English / Die regsposisie van die deelgenote tot 'n de facto huwelik word krities ondersoek met inagneming van die huidige Suid-Afrikaanse regsposisie, oorsigtelike regsvergelyking, die morele argument, en die invloed van die Grondwet van Suid-Afrika. Die verskillende vorme van de facto huwelike in sy bree interpretasie word in oenskou geneem en die volgende verbindings word bespreek: saamwoonverhoudings; inheemsregtelike huwelike; huwelike voortspruitend uit godsdienstige tradisies; en homoseksuele huwelike. Dit word gevind dat die Suid-Afrikaanse regsposisie tans baie onbevredigend is. Sekere voorstelle vir wysigings word aan die hand gedoen, en daar word gewys op die unieke kenmerke van die Suid-Afrikaanse situasie wat in ag geneem moet word in die vorming van 'n nuwe benadering. Dit word bepleit dat die regslui die uitdaging moet aangryp en met innoverende denke 'n nuwe bestel vir die Suid-Afrikaanse reg moet skep wat buigbaar en soepel is, maar terselfdertyd regsekerheid bevorder. / The legal status of the parties to a de facto marriage is investigated, taking into consideration the present South African position, legal comparison, the moral argument, and the influence of the Constitution of South Africa. The different forms of the de facto marriage in its wide interpretation are reviewed and the following relationships are discussed: cohabitation relationships; customary marriages; marriages resulting from religious traditions; and homosexual relationships. It is found that the present South African legal position is very unsatisfactory. Several suggestions for amendments are made, and the unique characteristics of the South African situation to be taken into consideration in forming a new approach, are highlighted. It is pleaded that the legal profession accept the challenge to create, with innovation, a new system for South African law which will be flexible, but, will at the same time ensure certainty in law. / Private Law / LL. M.

Text in Afrikaans, abstract in Afrikaans and English / Die regsposisie van die deelgenote tot 'n de facto huwelik word krities ondersoek met inagneming van die huidige Suid-Afrikaanse regsposisie, oorsigtelike regsvergelyking, die morele argument, en die invloed van die Grondwet van Suid-Afrika. Die verskillende vorme van de facto huwelike in sy bree interpretasie word in oenskou geneem en die volgende verbindings word bespreek: saamwoonverhoudings; inheemsregtelike huwelike; huwelike voortspruitend uit godsdienstige tradisies; en homoseksuele huwelike. Dit word gevind dat die Suid-Afrikaanse regsposisie tans baie onbevredigend is. Sekere voorstelle vir wysigings word aan die hand gedoen, en daar word gewys op die unieke kenmerke van die Suid-Afrikaanse situasie wat in ag geneem moet word in die vorming van 'n nuwe benadering. Dit word bepleit dat die regslui die uitdaging moet aangryp en met innoverende denke 'n nuwe bestel vir die Suid-Afrikaanse reg moet skep wat buigbaar en soepel is, maar terselfdertyd regsekerheid bevorder. / The legal status of the parties to a de facto marriage is investigated, taking into consideration the present South African position, legal comparison, the moral argument, and the influence of the Constitution of South Africa. The different forms of the de facto marriage in its wide interpretation are reviewed and the following relationships are discussed: cohabitation relationships; customary marriages; marriages resulting from religious traditions; and homosexual relationships. It is found that the present South African legal position is very unsatisfactory. Several suggestions for amendments are made, and the unique characteristics of the South African situation to be taken into consideration in forming a new approach, are highlighted. It is pleaded that the legal profession accept the challenge to create, with innovation, a new system for South African law which will be flexible, but, will at the same time ensure certainty in law. / Private Law / LL. M.

The present interview discusses about the new Public Procurement Law and some of the more relevant changes occurred in the matter. In that line, focusing the discussion on the management by result new approach of the law, the role of the public official and the inclusion of the Dispute Boards, the interviewee gives us his authorized opinion about the propose of this reform. / La presente entrevista versa sobre la nueva Ley de Contrataciones del Estado y algunos de los cambios más importantes que presenta la misma. En ese sentido, enfocándose en el principio de gestión por resultados que inspira la reforma, en el rol del funcionario público en la nueva norma y en la inclusión de la Junta de Resolución de disputas, el entrevistado da su autorizada opinión sobre el objetivo deseado por la norma.

xv, 322 p. : ill. A print copy of this thesis is available through the UO Libraries. Search the library catalog for the location and call number. / This dissertation examines formal and popular campaigns against collaborators during the second Sino-Japanese war of 1937-1945, considering the role of these campaigns in the political struggles of the Nationalist (Guomindang) government, the interplay between discourses of law and morality, and the interactions of legal professionals, intellectuals, and commoners in the development of Chinese nationalism and anti-imperialism. During the Sino-Japanese war, the Japanese army occupied vast areas in China and sponsored puppet regimes at central and local levels in areas under its occupation. These regimes variously attracted, persuaded, or forced a large number of Chinese officials, intellectuals, and local elites to work in their administrations. The Nationalist government under Chiang Kai-shek, which was the central Chinese government since 1928, retreated to the inland city of Chongqing to organize resistance against Japan. The Nationalist government labeled collaborators as hanjian , "traitors to the Han." The word became widely used in legal regulations, popular literature, and newspapers and became the most derogatory and politically disastrous title possible for a Chinese citizen. Individuals designated hanjian were exposed to public humiliation, confiscation of land and property, and the threat of assassination. Chiang Kai-shek's government also called for the common people to expose hanjian . Most such accusations were then transformed into legal procedures. These accusations resulted in varying and often unfair sentences. Designed by the Nationalist government to harness the force of popular nationalism and to restore justice, the anti- hanjian campaigns instead inadvertently exposed the corruption and incompetence of the Nationalist government and damaged the post-war construction effort. / Committee in charge: Bryna Goodman, Chairperson, History; Andrew Goble, Member, History; Ina Asim, Member, History; Tze-lan Sang, Outside Member, East Asian Languages & Literature

Magister Artium (Social Work) - MA(SW) / This is an evaluative research study which was undertaken to establish whether the legal reforms, through the establishment of the Special Sexual Offences Courts, have been effective in reducing secondary traumatisation. In attempting to examine this crucial area, I focused specifically on the perceptions of professionals who are involved in child sexual abuse matters in the Special Sexual Offences Courts at Wynberg (Court G) and Cape Town (Court 32). The study employed qualitative research methodology, in the form of individual and group interviews, structured questionnaires and participant observation, to collect data. The respondents included magistrates, prosecutors, both victims support services coordinators within the court system, social workers who work with child abuse matters, Child Protection Unit investigating officers who investigate matters of this nature and attorneys who have defended offenders of child sexual abuse. The results indicate a marked disparity in physical appearance, location and an overall sense of child-friendliness between the two Special Sexual Offences Courts; a need for joint training of inter-disciplinary professionals, and a need for a more effective multidisciplinary team approach to the problem of child sexual abuse. The findings also indicate a need for regular contact between the professionals involved at the two Special Courts to ensure uniformity in terms of service provision, and a need for the restructuring of the job description of the co-ordinator. The findings reported and discussed, suggest that the legal reforms promulgated are but one aspect to the entire area of child protection. The overall success of these legal reforms depends upon the involvement, commitment and development of a common philosophy in child protection by, the medical, social, legal and police service systems. It is hoped that this report will act as a catalyst to urgently address the shortcomings which have been identified by the respondents, and that the recommendations reported will contribute to measures which will result in the development and implementation of effective child protective policies and practices.

This study was undertaken to establish whether the legal phenomenon known as a contract exist in indigenous legal systems and in particular, among the Swazi. As the underlying aims and consequences of indigenous contracts differ not only between indigenous peoples but is also affected by the degree of westernisation that has taken place, a micro study has been done in semi-rural areas in the Kingdom of Swaziland to establish if the existing value systems are altered or replaced when western legal institutions are introduced. Data was obtained by way of interviewing a panel of experts and compared with available literature. Through the process of gathering information, the legal principles were described and the functioning of social processes noted. Different indigenous contracts and general principles were identified. It must, however, be noted that a contract is more than a device for establishing the economic and legal implications of a transaction. Most contractual disputes are resolved outside the courts through negotiated settlements to restore harmony in the community. Although the Swazi law of contract is showing clear signs of adapting to new developments, there is proof that established legal principles and Swazi values are being retained. This study will not only be useful as a source of information for both Swazi courts and administration, but could also serve as a basis for codification intended by the Swazi Government. For that purpose, a memorandum has been compiled for consideration by the Swazi authorities. The compatibility of Swazi law and custom with a Bill of Rights was also evaluated and suggestions were made for possible law reform in the Kingdom of Swaziland. / Jurisprudence / LL.D.

Austria's aim to provide equitable education to its citizens is an ongoing process. In 1747 a decree opened schools to all children. From 1891 to 1941 schooling was compulsory for children between 6 and 14. In 1955 the Austrian Constitution guaranteed Austrian minority groups equal access to education. In 1966 and 1976 legislation further guaranteed minority groups' right to be taught in their home language subject to certain provisos. Currently minority groups are supposed to be taught in their horne language for the frrst three years of school and school is compulsory for nine years. This study wished to establish whether minority groups are, in fact, provided with education as provided for by law, and examined the situation in the United States of America, the United Kingdom and Canada as well. If Austria is successful, Zimbabwe or South Africa could adapt her policies in their educational situation. / Educational Leadership and Management / M Ed. (Educational Management)