The problem of the investigation was to determine the legal status of public sector school oriented professional negotiations in the fifty states of the United States. Available data dealing with the status of public sector school oriented professional negotiations between boards of education and teacher organizations proved to be disorganized in terms of providing readily available, complete, and accurate information.The attorney general of each state was contacted by letter for the purpose of completing a questionnaire. The secondary source of information was the executive secretary of each state school board association.Thirty states have statutes mandating negotiations between boards of education and teacher organization representatives. Within each state statute information was gathered concerning (1) statutory inclusion, (2) impasse procedures, (3) grievance procedures, (4) scope of negotiations, (5) employee rights, (6) employer rights, and (7) strikes and penalties.Findings included:1. Thirty state legislatures have mandated negotiations between boards of education and teacher organizations.2. All state legislatures in the Northwest area of the United States mandate professional negotiations between boards of education and teacher organizations.3. One state legislature in the Southeast area of the United States mandates professional negotiations between boards of education and teacher organizations.4. One state statute prohibits boards of education from recognizing teacher organization representatives for the purpose of collective bargaining.5. All thirty state statutes mandating collective bargaining between boards of education and teacher organizations provide teachers with exclusive representation,6. All thirty state statutes mandating collective bargaining between boards of education and teacher organizations provide as negotiable items such matters as salaries, hours, and working conditions.7. All thirty state statutes mandating collective bargaining between boards of education and teacher organizations provide for settlement of impasse by mediation, factfinding, or arbitration.Conclusions were:1. Negotiation rights for teachers have come about more slowly than for most government employees.2. Increased organized efforts to formalize the negotiation procedures have continued to be faced by boards of education in all states.3. Teacher strikes are increasing in spite of anti-strike legislation in most states.4. Statutes have given priority to teacher rights in terms of the rights of teachers and boards of education.5. The passage of legislation is no panacea for problems stemming from board of education and teacher organization relationships and legislation will not eliminate the possibility of court cases, attorneys general opinions, and teacher strikes.Recommendations are:1. Periodic studies should be undertaken in order to update professional negotiation procedures.2. Specific statutory provisions should be studied in depth to determine if such provisions are fulfilling the needs of both parties.3. Attention should be given to professional negotiations within states to determine how legislation is being implemented and how the legal status is developing in states where no guidelines are provided.4. Further study should take place to determine the impact of statutory enactments on both parties.

　　　1 January 2010 was a milestone for the survivors and victims of same-sex domestic violence in Hong Kong. After a hard fought legislative battle, the Domestic and Cohabitation Relationships Violence Ordinance (DCRVO) was extended to cover cohabitation relationships irrespective of sexual orientation. 　　　With the inclusion of same-sex cohabitants in the legislation, gay survivors are provided the same legal protection as different sex couples. It is believed that equality has been achieved for gay victims, in theory at least. Indeed, the topic of same-sex domestic violence seemed to vanish from the public sphere as soon as the Ordinance was enacted. Nevertheless, considering the cultural and social obstacles experienced by gay victims of domestic violence, e.g. social perception of homosexuality and the fear of being ‘outed’ by reporting the incidents, coupled with a lack of supplementary support services available to people with alternative sexual orientations, it is uncertain how effective this amendment will be to Hong Kong sexual minorities in practice. Therefore, the primary research question for this thesis is to what extent the DCRVO is effective in protecting in practice. 　　　This research question will be answered by a combination of qualitative and quantitative empirical research methods. This paper focuses on three areas particularly - the awareness amongst the gay community in Hong Kong of the legislation; the availability of same-sex domestic violence support services; and the subsequent complementary policies provided by the government. This study argues that without adequate complementary policies, the DCRVO will always remain to be a piece of work in progress, and not the ultimate solution for gay victims in Hong Kong. / published_or_final_version / Law / Master / Master of Philosophy

Corporate governance of Thailand has been developed and reformed, particularly after 1997 Asian financial crisis. However, problems regarding director’s responsibilities are still entrenched in company law and corporate practices. The challenges of Thai corporate governance on director’s responsibilities are found in the areas of director’s accountability and minority shareholders protection. Legal provisions on director’s fiduciary duties and director’s duty of care and skill are unable to regulate director’s misbehaviors. Directors are not fully aware of their proper responsibilities to the company. They tend to act for their own interest or interest of their group, the controlling shareholders. In addition, legal enforcement on director’s responsibilities is not effective in practice. Shareholders litigation or other actions against directors who are in breach of their duties is rare, though there is derivative action provided as remedy for minority shareholders. In finding solutions for those problems, all relevant aspects should be brought into consideration. Corporate governance on director’s responsibilities is related to law, business and ethics. Director’s responsibilities are matters concerning human conducts, actions, behaviors as well as practices. They are related to ethics of each company director and ethics of the board members as a whole. In addition to legal and business aspects, ethical aspect should also be considered in the reform of corporate governance on director’s responsibilities of Thailand. This thesis is the study of Thai corporate governance on director’s responsibilities and ethics in order to find appropriate ethical theory where good corporate governance principles will be built on. Among relevant ethical theories i.e. utilitarianism, Kantian ethics, virtue ethics and contractualism, virtue ethics of Aristotle is the most appropriate ethical theory to be applied to corporate governance on director’s responsibilities of Thailand. It is suitable for the nature of corporate governance on director’s responsibilities, the conditions underlying its problems, and the understanding and practices of people in Thai society. Virtues and means of virtue ethics should be applied as complements to fiduciary principles for enhancing director’s accountability. The doctrine of mean of virtue ethics should be applied as complement to derivative action for enforceability and effectiveness of minority shareholders protection. In this regard, some related regulations and codes of best practices will be prescribed by adopting appropriate virtues or means, and the relevant regulators i.e. the Securities and Exchange Commission (the SEC) and the Stock Exchange of Thailand (the SET) will be given authority to interpret and apply such regulations and codes of best practices on a case by case basis. / published_or_final_version / Law / Master / Doctor of Legal Studies

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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.