The purpose of this study was to trace the development of case law regarding sexual harassment in elementary and secondary public schools through a survey of state, circuit, and federal court districts, and United States Supreme Court decisions. To trace these laws, the study examined nationwide sexual harassment court decisions from 1988 to present. Sexual harassment is a critical problem in the school environment. Recent surveys indicate that sexual harassment has reached epidemic proportions in our schools and classrooms. Sexual harassment occurs daily on buses, in hallways, gymnasiums, classrooms, and on the playgrounds. Oftentimes, sexual harassment goes unreported by students. More importantly, when sexual harassment is reported, the school does virtually nothing to assure studetns that their complaints will be taken seriously. Sexual harassment can contribute to serious harm to the victim, their families, other classmates, the school, and the school district. A review of related literature reveals that students who are sexually harassed suffer from behavioral, emotional, academic, and physical consequences. Without the support and intervention of school officials, students may not be able to overcome the impact of sexual harassment. Several therories and models were reviewed in the study to examine possible explanations for incidence of sexual harassment in public schools. It should be noted that no single theory or model offered a precise explanation of the reasons students are harassed in schools. Several landmark and key court cases regarding sexual harassment in public school were reviewed. Also, key federal legislative statutes and guidelines that provide the framework for judicial decisions on sexual harassment in public schools were reviewed. It was determined that four U. S. Supreme Court cases set precedence for lower courts to follow in adjudicating decisions of sexual harassment in public schools. The judicial decrees protect students in the school environment and are specific about the roles and responsiblities of the school district, administrators, and teachers. Additionally, the courts have taken important and significant steps towards making school districts officials liable for not effectively addressing sexual harassment in the schools. Based on the broad scope of the study and the conclusions, several educational, prevention, and intervention strategies were recommended for students, parents, teachers, administrators, school districts, the community, and stakeholders. If these recommendations are implemented in school districts nationwide, the incidence and prevalence of sexual harassment in public school should decrease significantly.

The High Court decision in Mabo v Queensland (No 2) was interpreted by some as bringing to an end a history of discrimination and dispossession of indigenous peoples' lands. In this respect it was located within the new history movement in Australia - a movement which has raised awareness of the impact that colonisation has had on indigenous peoples in Australia. ln this thesis the extent to which Mabo was in fact a product of the new history movement in Australia is examined. An analysis of the results in the more recent High Court cases on native title such as Western Australia v Ward and Members of the Members of the Yorta Yorta Aboriginal Community v Victoria reveals that the promises that came with native title recognition in Mabo have not been fulfilled. ln Ward the native title claim was partially accepted; in Yorta Yorta lhe claim was completely rejected. But as the analysis further reveals the shortcomings of the native title regime as demonstrated by these cases can be partly located in the Mabo decision itself. One of the contributions that some new historians have made to the writing of Australian history has been to reveal how the perceived differences between indigenous peoples and the colonists resulted in the perception of indigenous peoples as inferior beings. In turn, such perceptions worked to legitimise their dispossession in the native title context, indigenous peoples are no longer to be perceived as inferior (the rejection of the terra nullius doctrine in Mabo was an acknowledgement that indigenous peoples did have their own laws and social organisation) However the perception that they are different remains in the way that laws for them are constructed: native title may be recognised by the common law, but it is not part of the common law. As it is argued in this thesis the perceived differences in the origins of native title and the Australian common law has resulted in the inferior r treatment of native title. Potential solutions are canvassed in the thesis. Included among them is the need to give recognition to Aboriginal sovereignty However, it is concluded that if any change is to take place it must involve changing perceptions of indigenous peoples so that the protection of their interests may be more broadly construed as being in the interests of Australia.

This thesis engages in a critique of the concept of Australian native title law as a 'recognition space'. It doing so, it treats native title law as a form of identity politics, the courts a forum in which claims for the recognition of identity are made. An overview of multicultural theories of recognition exposes what is signified by the use of recognition discourse and situates this rhetoric in political and theoretical context. A critique of native title recognition discourse is then developed by reference to the insights of sociolegal scholarship, critical theory, critical anthropology and legal pluralism. These critiques suggest that legal recognition is affective and effective. This thesis highlights native title law's false assumptions as to cultural coherence and subject stasis by exploring law's demands and indigenous claimant engagement with these demands. In this analysis, law's constitutive effect is emphasized. However, a radical constructivist approach is eschewed, subject engagement explored and agency located in the limits of law's constitutive power. The effects of legal recognition discourse, its productive and enabling aspects, are considered best understood by reference to Butler's notion of provisional 'performativity'. Ultimately, claimant 'victories' of resistance and subversion are considered not insignificant, but are defined as temporary and symbolic by virtue of the structural context in which they occur.

Thesis (MA (AborStud))--University of South Australia, 1994

Thesis (doctoral)--Universität Greifswald. / Bibliography, p. 5-6.

No description available.

No description available.

This study examines the relationship between gender roles and habitus in service industry occupations. It draws primarily from the works of Pierre Bourdieu and Judith Butler. Data includes an exploratory focus group, non-participant observations and interviews with women currently or formerly employed as bartenders, bar backs, servers, or hostesses. The main themes that emerged included how habitus is affected by views of employment, drug and alcohol use, the naturalization of gender roles, and the effect of appearance standards. This study supports previous feminist works that posit that gender as a performance, not a biological trait. Further this performance is used to navigate specific social experiences such as those in a workplace. This paper also comments on current enforcement of Title VII with reference to gender discrimination.

Masters Research - Master of Philosophy (Law) / In Yorta Yorta, it was expressly found that native title law could not support a ‘frozen in time’ approach. It was held that the rights making up native title could not be considered static and archaic instruments, but must be given reign to adapt. However the question must be asked whether, in its examination of the requirements of native title, Yorta Yorta has in the same breath re-introduced the ‘frozen in time’ approach, albeit in a different form. Specifically, it is a question of whether the continuity of connection requirement means that the evolution of rights is frozen and claimants are burdened with the task of proving they relate to land in exactly the same manner as their ancestors did, over 200 years ago. That is the question which this thesis attempts to answer. It will do so by examining in detail not only the requirement of continuity of connection as espoused in Yorta Yorta, but the evidentiary analysis which was performed under that requirement. It is the nature of this analysis in which the effect of continuity of connection on the nature of native title rights is revealed. This thesis will also examine the effect of Yorta Yorta on subsequent cases, particularly how subsequent Courts have interpreted the continuity of connection requirement and how it has affected the questions of proof they felt the claimants were required to answer. Particularly highlighted will be the cases of Larrakia and Single Noongar, two cases which have brought about starkly different outcomes for the claimants. The approach taken will be to discuss whether the requirements of native title in Yorta Yorta have produced a native title system which equitably and in justice recognises traditional owners’ rights to land in modern times, or whether they consign native title to being an historical relic, of little utility in reflecting the modern-day relationships of traditional owners to their land. In other words, was Yorta Yorta ‘the great re-freezing’?

Much of the existing academic discourse surrounding opening title sequences suggests that they function primarily by providing viewers with information concerning a program’s characters, settings, genre and themes. Such accounts seemingly fail to recognize more nuanced concurrent functions. Utilizing the concept of paratexts originally proposed by Gerard Genette in combination with a neoformalist approach to analysis, this project identifies patterns, narrative components, stylistic elements and various industrial and authorial characteristics within the field of American televisual opening title sequences in order to explore some of these underlying concomitant functions, and classify the segments that perform them accordingly.