The purpose of this work is to construct the argument for the continuing application of the Royal Proclamation of 1763 to British Columbia and to examine its legal force and effect in relation to pre-Confederation colonial legislation. This has important implications as to the continued existence of aboriginal title in British Columbia. In Canada the existence of a sui generis, aboriginal legal interest ("aboriginal title") is no longer in doubt.(1) Scattered judicial statements have not fully addressed the sui generis nature of the interest but have focused solely on its 'common law' source(2) and have held it, like other common law rights, to be subject to legislative abrogation.(3) That is not to say extinguishment will be lightly implied.(4) Aboriginal rights are now recognized and confirmed in the Constitution Act.(5) To the extent that the aboriginal right is declared and confirmed in the Royal Proclamation of 1763(6) a different argument can be made.(7) The Royal Proclamation is a Prerogative instrument. The "Indian provisions" come towards the end of the Proclamation and address a series of diverse issues. Confusion exists as to the geographic scope of the provisions concerning Indian lands and particularly regarding their application to British Columbia. It is here argued that it is misleading to focus solely on the geographic scope as explained in the document itself. The Royal Proclamation of 1763, as a law of constitutional significance and manifestly universal application, it is argued, applied to British Columbia, if not as of its enactment in 1763, then either upon the assertion of British Sovereignty over that area or by virtue of the Colonial Laws Validity Act, 1865. Further it is argued that the Proclamation enjoyed the force and effect of an Imperial statute in the colonies to which it applied. The Indian rights therein declared or confirmed thus became statutory rights. This has important implications regarding the susceptibility of the articulated rights to colonial legislative derogation. In order to understand fully the import of the Royal Proclamation in the colonies it is necessary to understand British constitutional rules governing the nature and exercise of the Sovereign's prerogative legislative and executive powers in newly acquired territories and the rules governing the Imperial laws to which the colonies are subject. Whether or not the Royal Proclamation extends to after acquired colonies depends in part upon the category of Prerogative to which the Proclamation belongs. Basically "minor" prerogatives operate in those territories in which the British common law operates and are freely alterable by the colonial legislative bodies. "Major" Prerogatives, however, exist in all British territories whether or not the British common law is in force and operate to bind and limit colonial legislatures. The argument is made that the Indian land provisions of the Royal Proclamation of 1763 should be classified as major Prerogative legislation on the grounds that: (1) they are constitutional in nature having to do principally with limitations on the powers of Governors to acquire unsurrendered tribal lands, or (2) as legislation governing the procedure to be adopted for Crown alienation of Indian lands they fall within the King's peculiar authority. Further that as major Prerogative legislation the Indian Land provisions enjoyed the force and effect of an Imperial statute with the necessary intendment for the colonies within the meaning of the Colonial Laws Validity Act, 1865. Further that by virtue of such Act the provisions of the Royal Proclamation of 1763 (at least up until the passing of the Statute of Westminster, 1931) operated to void colonial legislation (or for that matter Dominion or Provincial legislation) repugnant to any of its provisions to the extent of any such repugnancy. (1) Guerin v. R^, [1984] 6 W.W.R. 481 (S.C.C.). (2) Hamlet of Baker Lake v. Minister of Indian Affairs and Northern Development, [1980] 1 F.C. 518 (F.C.T.D. 1979) at p. 568. (3) A.G. of Ontario v. Bear Island Foundation (1984), 15 D.L.R. (4th) 321 (Ont. H.C.). (4) Simon v. The Queen (1985), 23 C.C.C. (3d) 238 (S.C.C.). (5) Constitution Act, 1867 30 & 31 Vict., c. 3 as am. by item 1 of Sched. to the Constitution Act, 1982, Sched. B of the Canada Act, 1982, c. 11 (U.K.). (6) R. v. White and Bob (1965), 52 W.W.R. 193 (B.C.C.A.). (7) v. White and Bob (1965), 52 D.L.R. (2d) 481 (S.C.C.). / Law, Peter A. Allard School of / Graduate

Bibliography: pages 77-83. / This thesis describes some of the communal land tenure systems pertaining to Namibia. Understandably, lands held under communal land tenure have tended to be neither fully documented nor legally and explicitly formalised; communal land tenure systems have been through the mercy of arbitrary action by the state, private individuals or other institutions (S.A Government, 1996: 43). The study attempts to examine the issues involved in the design of a communal land tenure information system for Namibia. It therefore seeks to examine the possibility of using information technology to plan and manage customarily held land, the requirement for an effective design and implementation of such a system and the method of designing such an information system to make room for continual improvement and the addition of finer detail. The research begins with an in-depth literature review of the communal land tenure systems in Namibia and a description of similar information systems. This is followed by the research methodology, which describes the technique used for collecting, analysing and presenting the results of the study. The needs analysis and the data structure contained in the atlas are outlined. The fundamental concepts of database design and the various steps taken by the author to design and construct the land tenure database model for the dissertation are also discussed. The pilot project is analysed, taking into account the capability of the system, its success in terms of a needs analysis, and the adequacy of the data. It specifically analyses the design in the light of social relationships, person or group interests and the spatial component of communal land tenure systems with respect to each area. In addition, it seeks to answer the question whether the tool fits the communal land tenure system, discusses the strengths and weaknesses of the overall system design and the implementation strategies. It is envisaged that, with the provision of the information system in union with its database, this will help to identify and document a communal land tenure system. For the rural dweller or farmer, this system will provide a pictorial image of what is really happening on the ground. The information system could later be upgraded and fully implemented, enabling individuals to effectively plan activities around the existing circumstances and conditions. The recommendation that came out from the study was that given the limited information available on communal land tenure systems, more effort should be spent to study and gather data on the system. It is strongly recommended, therefore, that research into conditions in the communal areas be regarded as a top pri01ity by the Government of Namibia. This could lead to a richer information base in the communal areas to be utilised to improve the lifestyle of the rural communities. Thus, the prototype project designed in this thesis should be implemented fully and later developed and incorporated into an information system which, in the past, has lacked communal land tenure input. The research could not touch on all the communal land tenure areas in Namibia. It is therefore advised that the rest should be investigated in more detail. The inheritance and conflict resolution mechanism which were not modelled effectively should also be reinvestigated.

This study deals with the tenure of teachers of the fifty-nine rural schools of San Joaquin County that have from one to twenty teachers each. The problem is to find and record the factors that influence teachers to continue teaching over a period of years in certain rural schools of San Joaquin County, rather than moving about.

It is necessary to address the nature of board composition in the South African economy because boards of directors are the lead indicator of whether or not the transformation initiatives put in place since 1994 are effective in bringing about meaningful change in the society within which we live. Companies are a microcosm of society. A hundred randomly selected companies were used to provide demographic data which was used in the analysis for this study. The aim was to identify what constitutes a typical board of directors for a Johannesburg Securities Exchange listed company by measuring dimensions of gender, race, tenure, independence and board size attributes. Findings from this research will help companies to better understand the role they can play in leveling the playing field by enabling more black people and white females to fulfil their potential and become directors of companies. Copyright / Dissertation (MBA)--University of Pretoria, 2010. / Gordon Institute of Business Science (GIBS) / unrestricted

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A great deal of time, money, and effort can be expended on hiring community college presidents without any assurance that they will remain in their new positions a substantial amount of time. Building on decades of literature reporting the continuing decrease of presidential longevity, this study examined the methods most successful in selecting presidents with relatively greater longevity and what relationship exists between the type of presidential search used and the length of tenure. An original 18-question survey was e-mailed to 904 community college and two-year institution presidents to capture information about both current and previous presidencies. Participants returned 224 valid responses for a response rate of 24.8%. Results of a generalized linear model (GLM) yielded a statistically significant result showing a positive relationship between the variable Q7STDT1(type of presidential searches in current position) and length of tenure of selected candidates (F = 3.41, p = .006).No significant relationship was found between the selection process used in the immediately previous presidential positions and selected candidates’ longevity in those positions. Information from this study can be used to decide what types of selection process should be used and to indicate further topics of inquiry in this area.

The purpose of this study is to determine the present status of the principals in Texas secondary school having an enrollment of 250 or more. The data were gathered from 147 principals in Texas high schools having an enrollment of 250 or more and the study made recommendations that are needed as found by comparison with the standards set up by eminent authorities.

This discussion begins with an introduction by faculty presenters currently on the journey toward tenure and those recently tenured. The panelists intend to cover topics including tips for surviving the first year, finding time for research, planning and preparing for your tenure review, and managing balance. How might faculty carve out the necessary time to cultivate an active research program, especially at teaching institutions? What materials should faculty collect for presentation in their tenure case file? How might faculty manage success in various professional expectations with regard to research, teaching, and service? How might faculty deal with the potential pitfalls of departmental and institutional politics? Ideas, experiences, and questions from discussion attendees are more than welcome.

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