published_or_final_version / Social Work and Social Administration / Doctoral / Doctor of Philosophy

published_or_final_version / Politics and Public Administration / Master / Master of Public Administration

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This dissertation examines inequality in school funding in North Carolina from 1964 to 1997. It highlights local, county and state decisions about the distribution of educational funds, and shows that public officials have created and maintained school funding mechanisms that exacerbated inequalities between racial groups to preserve White capital and advantage White communities. Discriminatory taxation schemes, district-line gerrymandering and voter suppression ensured White control of school boards and boards of county commissioners, which presided over school budgets, resulting in uneven revenue distribution. I analyze these mechanisms as instances of theft—theft of civil rights and financial resources—within a tradition of kleptocracy in the state.I first focus on four case studies, including two rural and two urban and suburban counties, where I examine the correlation between financial inequities and racial segregation through quantitative and qualitative analysis. I ask how historical actors have addressed educational inequalities over time, and how local governments, courts and legislatures responded to these intertwined challenges. This study investigates the discrepancy between the legacies of Jim Crow in school finance and racially neutral arguments in education reform and school finance litigation. All four case-study counties became involved in the 1994 Leandro v. State lawsuit, which challenged the state’s school funding formula. The urban-rural plaintiff coalition highlighted contradictions in arguments about the root causes of resource inequalities in public schools. The Leandro case did not address racial discrimination, and I question and historicize this silence.

This study focuses on the representative nature of the Senate Judiciary Committee in relation to the Senate as a whole. Three definitions of representation (descriptive, symbolic and instrumental) were used in order to assess the degree to which the Senate Judiciary Committee represented the Senate in the area of civil rights from 1957 through 1968. Results show that the Committee was not representative in the descriptive (regional) sense, but it was representative of the Senate in terms of its over-all descriptive (orientations) nature. In terms of symbolic representation, the study whows that the Senate Judiciary Committee has been labeled by the Senate as being "resistant" in the area of civil rights. This was interpreted as being a negative classification of symbolic representation. In the instrumental sense the Committee was not found to represent the Senate. The reasons for this overall lack of representation were attributed to two factors: (1) the lack of any institutionalized form of elections as sanctions for the lack of representation; and (2) the degree of social pluralism that is reflected in the membership of the Committee as a result of the type of issue at hand. / Master of Arts

The purpose of this study was to compare the underlying rationales found in selected Supreme Court cases and briefs of counsel justifying or condemning legal classification by sex and legal classification by race. Political strategies have been developed based on the assumption that racism and sexism are analogous. Yet, in recent years, anti-discrimination law, when used in sex discrimination cases, often has been interpreted and implemented quite differently from cases involving race discrimination. This study, using a content analysis based on "grounded theory," compared per- ceptions of racism and sexism as found in the opinions and briefs of counsel of the United States Supreme Court. The data showed that until the 1970's women were seen as wives and mothers whose place was in the home. Women were perceived as having certain inherent characteristics which made them more vulnerable than men. Special laws for women, therefore, were perceived as justified. On the other hand, there were those who argued equity for women based on fundamental ideals and the notion that women should be seen as individuals, not as a stereotypical composite of womanhood. The efficacy of segregation was argued on the grounds of a perceived belief in a natural antipathy of the races and a fear of violence if there were to be integration. Those advocating integration argued the deprivations caused by segregation. There was a gravity surrounding the race cases that was missing from the sex cases. The race decisions! also, were firmly grounded in the Constitution, which was not true for the sex cases. Fundamentally, blacks and whites were seen as having the same rights even during segregation when they were "separate but equal." Women were never perceived as being the equal of men. They were different and they functioned under a different law. Also, the role of women in the home was primary, not her status in the world outside the home. For blacks, role was never an issue. Rather, for blacks status was the central concern. Finally, the blacks' struggle was perceived as a fight to secure their place in the wider society. The women's place was perceived as in the domestic domain, outside the purview of public concerns. / Ed. D.

Thesis (MA)--University of Stellenbosch, 2000. / ENGLISH ABSTRACT: This thesis examines the relationship between law and justice. Firstly, it is argued that the concept of justice tends to be defined too narrowly as distributive justice or as a mechanism to maintain social order. It is argued that Jacques Derrida's understanding of justice not only gives a richer and broader understanding of the concept, but also on its complex relationship with the law. Lastly, some of the possible implications for jurisprudence (with specific reference to Critical Legal Studies, Critical Race Theory and Drucilla Cornell) are examined. / AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek die verhouding tussen geregtigheid en die reg. Daar word eerstens geargumenteer dat geregtigheid te maklik gedefinieer word as distributiewe geregtigheid of as In meganisme om sosiale orde te bewerkstellig. Daar word geargumenteer dat Jacques Derrida se verstaan van die konsep nie aileen 'n breer en ryker verstaan moontlik maak nie, maar dat dit ook fokus op die komplekse verhouding met die reg. Laastens word sommige van die moontlike implikasies vir regsfilosofie (met spesifieke verwysing na Critical Legal Studies, Critical Race Theory en Drucilla Cornell) ondesoek,

There have been a number of studies that examine how public relations practitioners respond during a crisis. Many researchers have examined the various response strategies and the success or failure of theses methods. Because a crisis can have legal ramifications, it is important that a good working relationship between the legal staff and public relations staff exists. To better understand the relationship between the two groups and the response strategies generated during a crisis, more research in this issue is needed. This study focused on response strategies used during a racial discrimination lawsuit. The objectives of the study were to determine which strategies were used most often, and how the influence of legal staff and public relations staff determined the responses.A content analysis of newspapers found in a NexisLexis search, during the crisis period, was used to gather responses made by spokespersons. The search yielded twenty-seven usable newspaper articles and sixty-two responses from company spokespersons.Coders were trained to identify the response strategies that were defined as traditional public relations strategy, traditional legal strategy, mixed strategy and diversionary strategy. A chi-square test was used to test the hypothesis. The findings supported a balance between the use of traditional public relations strategy and traditional legal strategy.Further analysis identified a significant increase in the use of traditional public relations strategy when a public relations firm was retained to remedy the crisis situation. The study also supported a collaborative working relationship between public relations and legal counsel. / Department of Journalism

The purposes of this study were: (1) to present data resulting from an analysis of the ninety-seven published grievance-arbitration awards involving issues of racial discrimination occurring between April 1, 1974, and December 31, 1980? and (2) to determine from the data how labor arbitrators have reacted to Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974) . The Supreme Court held that labor arbitration was a "comparatively inappropriate" forum for the resolution of employment discrimination disputes. However, the Court said that an arbitral award could be "accorded great weight" by a lower court when certain relevant factors are present in an award. The cases were analyzed to determine the extent to which arbitrators responded to the factors set forth in the Gardner-Denver decision.

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