Rights to possess and/or use the foreshore of New Zealand are not clear, and are even cloudier in relation to Maori freehold land that is on the coast. This thesis investigates the law pertaining to rights in the foreshore, and the facts pertaining specifically to the use of the Otakou Maori Reserve foreshore. In particular, the research question is this: what does aboriginal title mean in 1996 for Otago Maori? Examining the legal issues, searching individual titles and gathering oral history are the methods used to answer this question. First, the law. In New Zealand the Crown is prima facie the absolute owner of the foreshore. This can be displaced by proof to the contrary. The doctrine of aboriginal title recognises the legal continuity of tribal property rights upon the Crown�s acquisition of sovereignty over their territory. Aboriginal title can be divided into two categories - territorial and non-territorial. Territorial title represents a tribal claim to full ownership, and non-territorial title to rights that are less than absolute ownership, such as the right to cross land, to fish and to collect flora and fauna. It is this doctrine of aboriginal title as it relates to the foreshore that can displace the Crown�s absolute ownership of the foreshore. Second, the facts. 99% of the coastal land parcels of Otakou Maori Reserve are described in written documentation as to the line of mean high water. This 99% is made up 17% Maori freehold land, 49% general land and 33% vested in the Crown or the Dunedin City Council. The remaining 1% is Maori freehold land that does not have its boundary at mean high water, but has a fixed upland boundary. Oral history facts from the takatawhenua identify that the foreshore continues to be used for access, travel, and the collection of kai moana and sea resources. The findings reveal that Kai Tahu ki Otakou have never extinguised their territorial and non-territorial aboriginal title to the foreshore of Otakou Maori Reserve. Suggested areas for future research include an investigation of other Maori reserves in Otago, and examining the doctrine of aboriginal title as it relates to the beds of watercourses.

In this thesis I analyze the Dutch frontispiece to Francois Valentijn?s 1726 book Oud en Nieuw Oost Indien and demonstrate that it is a significant artistic statement, original in its rich and imaginative iconography and emblematic program. I describe and explain the image and its iconographic program and emblematic structure. I compare the frontispiece to many other Dutch frontispieces and artworks that likewise feature the four continent allegories and other iconographic elements. I demonstrate the ways in which the frontispiece superbly and comprehensively summarizes and visualizes the text, which is the primary purpose of frontispieces. I also show how the image emulates early eighteenth-century Dutch culture by reflecting the period?s nostalgia for Golden Age styles and subjects. In conclusion I clarify the way in which the image functions emblematically and explain the twofold meaning of the emblem and proving that the image is exceptional and unique within the context of the historiography of Dutch frontispieces.

In July 1997 Selkirk First Nation Citizens or Selkirk First Nation Peoples in the community of Pelly Crossing, Yukon signed the Selkirk First Nation Final Land Claims Agreement (Modern Day Treaty) and the Selkirk First Nation Self-Government Agreement with the Government of Yukon and the Government of Canada. Prior to 1997 they were under the auspices of the Department of Indian and Northern Affairs (DIAND) and did not have the autonomy to create policy and law for land management. Rather, they were required to adhere to regulations that were mandated by the Yukon Wildlife Act and other institutions created by the Yukon or Federal Governments. The methodology employed in this study was aimed at providing an accurate assessment of change while at the same time ensuring that Selkirk First Nation perspectives remained uppermost. To achieve this, community and personal insights were gained through interviews, family group discussions and the observation of community activities. To ensure that these perspectives were positioned in an accurate historical and political context an examination of public, private, and government records were also undertaken. This research has provided the platform upon which I formed my conceptualizations that Selkirk First Nation Peoples are benefiting both culturally and traditionally. The significance of this research will provide alternatives for other First Nations who pursue land claims and who are building their hunting and fishing laws or Wildlife Acts upon cultural values and traditional pursuits that are distinct from those mandated federally, provincially, or territorially. It is also anticipated that First Nations who are in the process of negotiating Comprehensive Land Claims Agreements acknowledge that certainty regarding Aboriginal rights and title go above and beyond what is defined by the dominant Governments and the Courts.

ABSTRACT DECISION MAKING IN INTERCOLLEGIATE ATHLETICS: ONE INSTITUTION’S JOURNEY TO MAINTAIN TITLE IX COMPLIANCE by John Rowland The allocation of resources and participation opportunities in intercollegiate athletics has been a debate among researchers for nearly 40 years. Title IX and traditionally male-dominated budgeting practices continue to be opposing forces that shape the financial and gender makeup of university athletic departments. In fact, the need to be Title IX compliant often dominates discussions when structural changes occur in athletic departments. This case study analyzed the decision making process of distributing resources and participation opportunities at Division I University from 1998 to 2007 based on John Rawls’ arguments about distributive justice. Division I University administrators focused on the substantiality proportionality clause of the three-part test as the only method to comply with Title IX. The Equity in Athletics Disclosure Act and other gender equity reports completed during certification play an important role in the decision making process. The analysis of the decision making process showed that Title IX was used as a political tool to deflect the controversy of program elimination. This analysis also showed that program elimination was not necessary in order to maintain Title IX compliance. Thus, the decision to eliminate sports was a violation of Rawlsian justice.

In July 1997 Selkirk First Nation Citizens or Selkirk First Nation Peoples in the community of Pelly Crossing, Yukon signed the Selkirk First Nation Final Land Claims Agreement (Modern Day Treaty) and the Selkirk First Nation Self-Government Agreement with the Government of Yukon and the Government of Canada. Prior to 1997 they were under the auspices of the Department of Indian and Northern Affairs (DIAND) and did not have the autonomy to create policy and law for land management. Rather, they were required to adhere to regulations that were mandated by the Yukon Wildlife Act and other institutions created by the Yukon or Federal Governments. The methodology employed in this study was aimed at providing an accurate assessment of change while at the same time ensuring that Selkirk First Nation perspectives remained uppermost. To achieve this, community and personal insights were gained through interviews, family group discussions and the observation of community activities. To ensure that these perspectives were positioned in an accurate historical and political context an examination of public, private, and government records were also undertaken. This research has provided the platform upon which I formed my conceptualizations that Selkirk First Nation Peoples are benefiting both culturally and traditionally. The significance of this research will provide alternatives for other First Nations who pursue land claims and who are building their hunting and fishing laws or Wildlife Acts upon cultural values and traditional pursuits that are distinct from those mandated federally, provincially, or territorially. It is also anticipated that First Nations who are in the process of negotiating Comprehensive Land Claims Agreements acknowledge that certainty regarding Aboriginal rights and title go above and beyond what is defined by the dominant Governments and the Courts.

The aim of this essay is to analyze the relationship between the title and the music in a selec-tion of piano pieces by Torsten Petre. Based on the work list, a categorization of the piano titles has been made and the categories have been named ”emotions, moods and minds”, ”na-ture”, ”mankind”, ”dances and similar titles”, ”supernatural beings, fairy creatures and popu-lar belief”, ”foreign countries and foreign culture”, ”nationalism and tradition”, ”artifacts”, and ”miscellaneous”. Two pieces from the category ”emotions, moods and minds” Skizzer för piano, third series Op. 38, 1905 have been chosen: no 2 Svikna drömmar and no 6 Mörka stunder. See appendix 1 for the work list and appendix 2 for the categorization. As a background to the analysis, a biography about Torsten Petre as a musician and composer has been written. The background also consists of a description of the bourgeois salon, an environment in which his music was played, as well as of salon music as a genre. As there is no established method for analyzing the relationship between title and music, I have based the analysis on Benestad´s thoughts about how we perceive music. I have carried out the analysis using the piano and playing the piano pieces repeatedly until I felt that I could describe the relationship. The analysis shows that using the title as a guideline there is a clear recognition between the title and music, which can be described thoroughly, almost like a story.

This study examined the influence of social workers placed at the elementary school level, who work with low-socioeconomic families. The intent of the study was to examine the role of the social worker, at identified Title I elementary schools, on parent involvement. Research Question 1 asked, “What influence do the family specialists have in family involvement as reported by parents and family specialists at the identified Title I elementary schools in the North East ISD, in San Antonio, Texas?” The results of this study strongly support that the family specialist on the campus did have a positive influence on parents getting involved at their child’s school. Research Question 2 asked, “What selected variables influence parental involvement as reported by parents and family specialists, who are participants of the Parent Academy at the selected Title I elementary schools in the North East ISD, in San Antonio, Texas?” The results of this study strongly supported that the variables of open communication between home and school and the school being inviting to parents are positive factors in getting parents involved. Research Question 3 asked, “What influence do community agencies have in assisting with the needs of families, as reported on the end-of-year summary sheets by the family specialists at the selected Title I elementary schools in the North East ISD, in San Antonio, Texas?” The results of this study showed that data procedures were inconsistent among the family specialists in the North East ISD. Data concerning the use of social service agencies was incomplete. No standard procedures are in place for tracking services provided to families. Research Question 4 asked, “What influence do parents have on determining the classes set forth for the Parent Academy, as reported by the parents and family specialists who are participants of the Parent Academy at the selected Title I elementary campuses in the North East ISD in San Antonio, Texas?” The results of this study strongly suggested that both parents and family specialists feel the parents have a voice in choosing the classes provided for them by the family specialists.

The purpose of this study was to examine the legal strategy of utilizing Title VII of the Civil Rights Act of 1964 to compel change to the racial composition of head coaches at NCAA Football Bowl Subdivision institutions. To accomplish this, the researcher examined the guidelines for bringing a Title VII case, researched statutory requirements and case law precedents, and compiled and analyzed the outcomes of prior employment discrimination cases. In addition, the researcher investigated the proposition that Title VII could do for minority football coaches what Title IX did in athletics for girls and women. Investigation of Title VII procedural guidelines revealed that plaintiffs are disadvantaged when pursuing a claim. This is due in part to the fact that plaintiffs must exhaust administrative remedies prior to filing a complaint with a court. As a result, the Title VII remedy requires a protracted process. In addition, review of salient sport and non-sport cases revealed that courts are highly deferential to employers when evaluating the employers’ proffered hiring criteria. Analysis of prior Title VII case outcomes revealed a significant disparity in plaintiff and defendant success rates. During 1998-2006, plaintiffs succeeded in opposing motions for summary judgment only 1.84% of the time in U.S. District Courts. Plaintiffs were more successful if they were able to get their cases heard by a court. Plaintiffs prevailed in 37.9% of jury trials and in 26.7% of bench trials. It was also determined that Title VII is unlikely to provide results similar to Title IX. This is asserted for two main reasons. First, unlike Title IX, Title VII complaints cannot be filed directly in a court without exhausting administrative remedies. Second, because standing is not an issue in filing a Title IX complaint with the Office for Civil Rights, the investigation of an institution can commence upon the filing of a complaint by an interested party. Thus, a coach or administrator does not have to be directly involved. It was concluded that for these and other reasons, it is unlikely that Title VII litigation can affect change. Minority coach advocates should instead try less adversarial approaches.

This study examined the influence of social workers placed at the elementary school level, who work with low-socioeconomic families. The intent of the study was to examine the role of the social worker, at identified Title I elementary schools, on parent involvement. Research Question 1 asked, "What influence do the family specialists have in family involvement as reported by parents and family specialists at the identified Title I elementary schools in the North East ISD, in San Antonio, Texas?" The results of this study strongly support that the family specialist on the campus did have a positive influence on parents getting involved at their child's school. Research Question 2 asked, "What selected variables influence parental involvement as reported by parents and family specialists, who are participants of the Parent Academy at the selected Title I elementary schools in the North East ISD, in San Antonio, Texas?" The results of this study strongly supported that the variables of open communication between home and school and the school being inviting to parents are positive factors in getting parents involved. Research Question 3 asked, "What influence do community agencies have in assisting with the needs of families, as reported on the end-of-year summary sheets by the family specialists at the selected Title I elementary schools in the North East ISD, in San Antonio, Texas?" The results of this study showed that data procedures were inconsistent among the family specialists in the North East ISD. Data concerning the use of social service agencies was incomplete. No standard procedures are in place for tracking services provided to families. Research Question 4 asked, "What influence do parents have on determining the classes set forth for the Parent Academy, as reported by the parents and family specialists who are participants of the Parent Academy at the selected Title I elementary campuses in the North East ISD in San Antonio, Texas?" The results of this study strongly suggested that both parents and family specialists feel the parents have a voice in choosing the classes provided for them by the family specialists.

The purpose of this study was to (1) examine the academic and demographic characteristics of 6th-grade instrumental music students attending selected public schools of contrasting socioeconomic backgrounds, (2) examine the retention patterns of students who were required to enroll in 6th-grade instrumental music compared to those who elected to do so, and (3) construct a predictive model of student retention in middle school instrumental music programs. Individual student data (N = 1052) were gathered from beginning instrumental 6th-grade programs at selected schools in a large, urban school district in Texas. Data included students’ 5th and 6th standardized test results, 7th-grade class schedules, and demographic information. Data were analyzed according to the 6th-grade campus the students attended (Title I/non-Title I) and the type of school (elementary school with required music programs or middle school with elective music programs) to identify demographic and academic factors associated with 6th-and 7th-grade music participation. I examined students’ schedules for retention patterns associated with individual school scheduling and academic remedial policies. I used logistic regression to develop predictive models of retention based on the following factors: gender, ethnicity, special education, at-risk, gifted, 5th and 6th-grade standardized test results, 5th-grade campus and pre-AP enrollment. Only the 6th-grade standardized tests, either math or reading, predicted retention in instrumental music in all of the school settings. Ethnicity, at-risk, and 5th-grade standardized tests did not predict retention in any school setting. Each school setting was unique in the factors that predicted instrumental music retention. For example, in the Title I setting, giftedness and 6th-grade reading test results predicted retention whereas in the non-Title I setting, gender, pre-AP enrollment and 6th-grade math results predicted retention. I also observed that 6th-grade required music programs were, by default, more inclusive than elective programs, and that the diversity in the student population of the 6th-grade required programs was maintained during the 7th-grade when music became elective. Results from this study suggest that offering only one elective choice per year may exclude access to music education for low academic achievers and reduce enrollment in music ensembles. / text