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The development of the certification of teachers in ArizonaStephens, Arley C., 1900- January 1939 (has links)
No description available.
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Legal provisions for delinquent and unfortunate children in the various states of the UnionPerry, Elwood Everett, 1906- January 1937 (has links)
No description available.
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Understanding indigenous rights : the case of indigenous peoples in VenezuelaFrías, José. January 2001 (has links)
On December 15, 1999, the people of Venezuela approved a new Constitution, which is the first Venezuelan constitution to entrench the rights of indigenous peoples. The purpose of this thesis is to analyze the different theoretical issues raised by the problem of rights for indigenous peoples. It is argued that indigenous rights are collective rights based on the value of cultural membership. This implies both an investigation of the value of cultural membership and of the criticisms that the multicultural perspective has offered against that point of view. / Indigenous peoples have the moral right to preserve their cultures and traditions. It is submitted that indigenous peoples have a double moral standing to claim differential treatment based on cultural membership, because they constitute cultural minorities and they were conquered and did not lend their free acceptance to the new regime imposed upon them. Therefore, they constitute a national minority, with moral standing to claim self-government and cultural rights.
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Polygamy in South Africa : an exploratory study of women's experiences.Hendricks, Shariefa. January 2004 (has links)
Four Muslim senior wives, 35 years and older, were interviewed about their experiences in a
polygamous marriage. The Theory of Gender and Power was used to understand some of the
emerging themes in the gendered relationships between men and women in polygamous
relationships. Thematic content analysis revealed the overarching theme of power. The women
expressed helplessness in the face of a practice that they consider objectionable on the one hand,
but that they feel compelled to tolerate because their religion permits it. In order to cope with their
pain there was a need to assign blame for their husband's remarriage. Blame was attributed to
both internal and external causes. Senior wives equate polygamy with "infidelity" and therefore
perceived it as an act of betrayal, Consequently, this led to feelings of anger, rejection, pain and
jealousy, and subsequently the nonacceptance of the junior wife into the marital dyad. The women
reported feelings of loss with regard to the marital relationship, such as loss of financial support,
trust, self esteem, identity, dignity and sense of self. For these senior wives, polygamy resulted
in loss of sexual exclusivity, shared intimacy and security, which was accompanied by feelings of
humiliation and degradation. The women believed that polygamy resulted in straining the
relationship between children and their fathers. Children were reported to have experienced
emotional, behavioural and academic problems. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.
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Aboriginal fishing rights, Sparrow, the law and social transformation : a case study of the Supreme Court of Canada decision in R. v. SparrowSharma, Parnesh 11 1900 (has links)
Aboriginal rights, and aboriginal fishing rights in particular, are topics which elicit a
variety of responses ranging from the positive to hostile. In British Columbia, fish is big
business and it is the fourth largest industry in the province. The stakes are high and the
positions of the various user groups and stakeholders are clearly demarcated. The fight over fish
has pitted aboriginal groups against other aboriginal groups as well as against the federal
government and its department of fisheries and oceans - however, the fight becomes vicious,
underhanded, and mean spirited when the aboriginal groups are matched against the commercial
industry.
In an attempt to even the odds the aboriginal peoples have turned to the courts for
recognition and protection of what they view as inherent rights - that is a right to fish arising out
of the very nature of being an aboriginal person. Up until the Supreme Court of Canada decision
in R. v. Sparrow aboriginal rights had been virtually ignored by both the courts and the state.
However Sparrow changed all that and significantly altered the fight over fish. And that fight
has become a virtual no-holds barred battle.
The Sparrow decision remains to this day one of the most important Supreme Court
decisions pertaining to aboriginal rights. This thesis is a case study of Sparrow - it will examine
the decision from a perspective of whether subordinate or disadvantaged groups are able to use
the law to advance their causes of social progress and equality. The thesis examines the status and nature of aboriginal fishing rights before and after the
Sparrow decision. The thesis will examine whether the principles of the decision have been
upheld or followed by the courts and the government of Canada. Data will consist of interviews
with representatives of the key players in the fishing industry, namely, the Musqueam Indian
Band, the Department of Fisheries and Oceans, and the commercial industry.
In brief, the findings of my research do not bode well for the aboriginal peoples - the
principles of the Sparrow decision have not been followed by the government of Canada and
aboriginal fishing rights remain subject to arbitrary control. The thesis will examine why and
how this happened.
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Dreamcatcher 22 : commissions of inquiry and Aboriginal criminal justice reformsSchlecker, Regan Dawn 11 1900 (has links)
The last decade has seen the development of an unprecedented profile for
aboriginal concerns over the inadequacies of the criminal justice system. This thesis
examines the major commissions of inquiry that were established to address criminal
justice reforms for aboriginal Canadians. Through a comparison of these inquiries, it is
my intention to provide a greater understanding as to why some commissions have had a
more positive role to play in initiating policy change, while others have been less than
satisfactory in promoting the needs of aboriginal persons.
Analysis reveals that commissions of inquiry are most often established to address
more general concerns about the impact of the criminal justice system on aboriginal
peoples, rather than to investigate specific cases in which there was a miscarriage of
justice. My findings also reveal that the current criminal justice system can and should be
improved, without in any way detracting from the movement toward the larger social,
political and economic goal of self- determination. Due to the fact that autonomous
solutions remain prevalent in the academic literature, future inquiries will be required to
acknowledge this perspective. An appreciation of the variety of concerns held by
aboriginal individuals can only be made possible through extensive consultation with
aboriginal communities and utilizing creative and innovative means of gathering
research. By providing an open process, commissions will be able to encompass views
that may not be prevalent in academic circles, but accepted at a grass roots level.
On the much larger question of the policy impact of commissions of inquiry, they
have been useful institutions for opening up the policy debate in regards to criminal
justice reforms for aboriginal Canadians. Frequently these inquiries have been faulted
because their specific recommendations are not accepted. However, inquiries are valuable
because they provide one of the few occasions for defining public issues, including
debate about reformist and radical conceptions of the issues. Consequently it is more
useful to assess commissions of inquiry for their role in the development of policy
debate.
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Through the eyes of Convention Refugee claimants : the social organization of a refugee determination systemLokhorst, Augusta Louise 11 1900 (has links)
The social organization of Canada's inland refugee determination system is explored in
this institutional ethnographic study. First listening to refugee claimants' experience from their
vantagepoint on the margins of society, the research then explicates the complementary social
relations of the refugee determination system in order to examine the contributing social
organization and underlying ideology of the politico-administrative system.
Three adult, English-speaking single Nigerian men, seeking Convention refugee status or
permanent resident status, were interviewed. Phenomenological methods were utilized to analyze
the data. An initial explication of the social relations of the system was conducted through the
observation of refugee determination hearings and interviews with knowledgeable informants.
Through these interviews and textual analysis, ideology at the politico-administrative level was
explored.
The findings reveal a contradiction between refugees' expectations based on Canada's
international reputation in refugee protection and support of democratic rights, and their
reception in Canada. Refugee claimants spoke of their dual experience as characterized by
exclusion and marginalization from Canadian society at the very time that they needed to
reconstruct their sense of self and adapt; of being held suspect as 'criminals' and 'illegals' by the
refugee determination system until proven 'genuine'. Inclusion depended on success in the
socially, culturally, and politically constructed Canadian refugee determination system; a process
that was foreign to them. Comprehension and successful participation in this process depended in
part on the support, resources, and information they accessed during their initial settlement
period.
The organization of the refugee determination system with a focus on the Immigration
and Refugee Board (IRB) revealed complex independent decision-making in a highly
decentralized, but hierarchical and non-transparent administrative system. Inconsistencies in
decision making and in the degree to which refugees had the opportunity to relate their
experience in refugee determination hearings were articulated and observed. Aspects of the
system such as selection of members, institutional culture, independence of the IRB, and
discourse on refugees in the Canadian media and society were indicators of how the social
relations of the system were organized by an underlying ideology. Implications for the profession
of social work and for social change were examined.
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Doing the "right" thing : aboriginal women, violence and justiceKoshan, Jennifer 11 1900 (has links)
This thesis focuses on Aboriginal women as survivors of intimate violence, and as
participants in debates about justice and rights in the academic, political and legal spheres.
While several federal and provincial reports have documented the adverse impact of the
dominant criminal justice system on Aboriginal peoples, most of the reports fail to consider
the impact of the dominant system, and of reform initiatives on Aboriginal women, who
engage with such systems primarily as survivors of violence. Although feminist legal
scholars and activists have focused on survivors of violence in critiquing the dominant justice
system, such discourses have also tended to ignore the needs and concerns of Aboriginal
women in recommending reforms to the dominant system, as well as in theorizing the causes
and sites of intimate violence.
Using feminist methods, I explore how the writings of Aboriginal women have begun
to fill these gaps. In focusing on gender and racial oppression, Aboriginal women have
complicated theories on and reforms around intimate violence, and have demanded that they
be included in the shaping of public institutions in both the Canadian legal system, and in
the context of Aboriginal self-government. While Aboriginal women largely support the
creation of Aboriginal justice systems, some have expressed concerns about the willingness
of Aboriginal and non-Aboriginal leaders to include women in the process of creating,
implementing and operating such systems. The Canadian Charter of Rights and Freedoms,
as well as Aboriginal rights under the Constitution Act, 1982 have been advocated as means
of achieving Aboriginal women's participation in this context.
This gives rise to a number of fundamental questions which I examine in my thesis.
What is the historical basis for the participation of Aboriginal women in the political process,
and for survivors of violence in both the dominant and Aboriginal justice systems? What is
the significance of the absence of Aboriginal women from dominant discourses on justice and
intimate violence? Might a broader level of participation for survivors of violence, both
Aboriginal and non-Aboriginal, ameliorate the problematic aspects of the dominant justice
system? Does the Canadian Charter of Rights and Freedoms provide a vehicle for survivors
of violence who seek a greater level of protection and participation in the dominant justice
system? Can the Charter, or Aboriginal rights under the Canadian constitution, assist
Aboriginal women in establishing a right of participation in the processes leading to the
creation of Aboriginal justice systems, and their participation in such systems once they have
been created? What are the limitations of rights discourse in this context?
My analysis suggests that the Supreme Court of Canada's conservative approach to
rights, as well as more fundamental limitations in rights discourse, make constitutional
litigation within the dominant system a sometimes necessary, but not ideal strategy for
Aboriginal women in defining their involvement in the political and justice arenas. On the
other hand, there is potential for rights discourse to bear more fruit once Aboriginal decision
making fora are in place, in keeping with holistic approaches to interpretation, and the
traditional roles of Aboriginal women and survivors of violence in justice and in the
community.
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Challenging the monologues: toward an intercultural approach to aboriginal rightsDuncan, Emmet John 11 1900 (has links)
The author critiques various strands of liberal moral and political theory as they relate to
Aboriginal rights. In particular, he rejects the formulation of liberal theory by philosopher Will
Kymlicka, as failing to respond to the unique realities and perspectives of First Nations. He then
draws on the insights of philosophers Charles Taylor and James Tully to argue for a new
approach to Aboriginal rights, premised on principles of dialogue, recognition and the
willingness to engage in an "intercultural journey" in which a middle ground of law, informed by
Canadian and indigenous norms, is created.
In chapters two through four, the author employs Wittgenstein's "perspicuous contrast" in
order to reveal the dialogical basis of Gitksan and Wet'suwet'en legal and political structures, as
well as to reveal the dominant role that "monologues" play in the Canadian law of Aboriginal
rights. He identifies three monologues: discovery, sovereignty and the "authentic Indian," by
which Canadian law marginalizes and subjugates First Nations and their legal systems. Such
monologues depend for their coherence and success upon Aboriginal silence.
In chapter five, the author argues that notwithstanding the persistence of monologues,
Canadian law can be open to dialogue and to the broadening of understanding that is required for
the construction of an intercultural legal middle ground. He issues a strong call for the legal
system to turn to Aboriginal law as a major source for the middle ground, and argues that doing
so will help preserve the ability of First Nations to participate in the intercultural dialogue in their
own voices and ways of knowing, which is essential to the successful deployment of the
approach argued for in chapter one.
The author concludes that the middle ground will best be achieved through treaties,
backed by an intercultural legal duty on all parties to negotiate in good faith. He also argues that
a rethinking of sovereignty is necessary, in order to preserve the ability of First Nations to
participate in intercultural dialogue secure in their autonomy and self-determination. To that end,
he argues that courts can provide a useful "backdrop" to the intercultural middle ground, by
continuously identifying intercultural legal norms which respect bedrock principles of each
community's legal system in order to preserve the autonomy and self-determination of each.
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Treaty-making from an indigenous perspective : a ned’u’ten-canadian treaty modelMcCue, Lorna June 11 1900 (has links)
This thesis argues that the Ned'u'ten, an indigenous people, have the right to decolonize
and self-determine their political and legal status at the international level. The Ned'u'ten are
currently negotiating a new relationship with Canada and are considering various treaty models
to achieve this goal. This thesis advocates principles for a peace treaty model that accomplishes
both Ned'u'ten decolonization and self-determination.
The first chapter of this thesis demonstrates that indigenous perspectives in legal culture
are diverse and not homogeneous. My Ned'u'ten perspective on treaty-making contributes to
these perspectives.
The second chapter challenges the legitimacy of the Canadian state, over Ned'u'ten
subjects and territories. This is accomplished through the rejection of dispossession doctrines that
Canada has used to justify colonial and oppressive practices against the Ned'u'ten.
Decolonization principles are prescribed in this chapter.
The third chapter takes a historical view of the right to self-determination and shows how
state practice, indigenous peoples' participation, and international scholars have attempted to
articulate the scope and content of this right in the contemporary context of indigenous self-determination.
A Ned'u'ten self-determination framework is proposed based on indigenous
formulations of the right to self-determination. Self-determination principles are also prescribed
in this chapter.
The final chapter compares two cases where indigenous peoples in Canada are attempting
to create a new relationship with the state: the James Bay Cree and "First Nations" in the British
Columbia Treaty Commission Process. This comparison will show that the degree of
participation that indigenous peoples have in implementing their rights to self-determination, will
determine the parameters of any new relationship that indigenous peoples create with the state.
Negotiating principles are prescribed for a Ned'u'ten-Canada relationship as well as a peace
treaty process to accomplish this goal.
It is my thesis that the Ned'u'ten and Canada can achieve a peaceful and balanced
relationship through the peace treaty model I propose.
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