The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written (Rossum et al. 4). The Living Constitution, or evolutionist approach to constitutional interpretation, contends that the meaning of the Constitution evolves with the standards of society, and the purpose or intent behind the Constitution or an amendment is as important, if not more so, than the literal language when interpreting a Constitutional amendment as it applies to actual cases as they arise (8). These two approaches are fundamentally oppositional, and Justices Scalia and Breyer are the very embodiment of these approaches on the Supreme Court today; each man avidly defends his respective approach in his opinions and other written works, and each exhibits the logic of these approaches in his decisions. The purpose of choosing a case that is undecided (at the time of this writing) is to explore and flesh out the actual decision-making process of both Justices and their constitutional theories, rather than merely critiquing their decisions and holdings in a case that has already been adjudicated. This exploration is particularly useful because it allows one to decipher how these approaches are similar and different in interpreting the Constitution.

After the failed experiment of Prohibition in the early 20th century, the 21st Amendment was passed to repeal the 18th Amendment as well as grant the power of alcohol regulation to the states. Within this power is the three-tier distribution system, where alcohol suppliers are required to sell their products to a wholesaling company, who later sell to a retailer. This system makes alcohol easy to regulate as well as encourages competition within the alcohol market. Today however, companies are finding ways through new legislation and court cases to bypass this three-tier system by shipping their products directly. This gives these companies a competitive advantage against others that have to sell their products through the three-tier system, and as a result the three-tier system is slowly starting to fade away.

ABSTRACT STUDENT ACCESS TO HIGHER EDUCATION A HISTORICAL ANALYSIS OF LANDMARK SUPREME COURT CASES MISSOURI EX. REL. GAINES V. CANADA, REGISTRAR OF THE UNIVERSITY OF MISSOURI, 1938, AND GRUTTER V. BOLLINGER, 2003 by Ansley Knox Daniel The purpose of this study is to identify primary themes related to student access to higher education and establishing diversity in higher education classrooms through a comparative analysis of the 1938 Gaines v. Canada case and the 2003 Grutter v. Bollinger case. Both of these Supreme Court opinions have significantly impacted student access to higher education. The landmark ruling in Gaines inaugurated a new and ground-breaking series of legal victories that opened minority student access to higher education and eventually to secondary education. In Grutter, the Supreme Court upheld the use of race as one of many factors that can be used to consider in the student admissions process in higher education to encourage diversity in student populations and in leadership opportunities. Using a methodology of historiography of education law, the intention of this study is to expand the historical and legal implications of the Gaines and Grutter cases, focusing on the application of the Equal Protection Clause of the Fourteenth Amendment and the relationship between the outcomes of the cases and the judicial interpretation employed by the justices. In Grutter, while considering narrow-tailoring and strict scrutiny to check for the legal development and implementation of affirmative action policies, the justices prioritize providing equal access to higher education for all students and ensuring meaningful diversity in university classrooms for an extended, but still limited, time period. It is valuable for historians of the law and members of the legal profession to consider the notion of active liberty articulated by Justice Stephen Breyer (2005) when developing their interpretation of the Equal Protection Clause and how it should be applied.

Although previous scholars have addressed the legislative parameters of the Equal Rights Amendment debate in non-ratifying states, analysis of amendment supporters’ rhetoric has been limited. Examining the public and private writings of activists, This thesis presents the argument that pro-ERA coalitions in Georgia addressed the concerns of their opponents and developed rhetoric that deemphasized connections to the radical women’s liberation movement and argued that the ERA would enact legal, rather than social, change. While the educational materials produced by pro-ERA coalitions presented a logical analysis of the amendment’s legal ramifications, the personal discourse of Georgia activists presented an emotional defense of the amendment that has often been overlooked in previous studies.

Den 1 juli år 2009 trädde en lagändring i kraft i SoL 5 kap. 10 § som innebär ett förtydligande i att Socialnämnden ska erbjuda stöd eller hjälp för att underlätta för de personer som vårdar en närstående som är långvarigt sjuk eller äldre eller stödjer en person som har funktionshinder. Syftet med denna studie var att undersöka hur implementeringen av SoL kap 5 § 10 ser ut i två kommuner. För att besvara detta använde vi oss utav kvalitativa intervjuer med nyckelpersoner med kunskap inom anhörigstödsarbete. Dessa nyckelpersoner har valts ut i två kommuner med olika organisationsform. De två kommunerna vi valt befinner sig i olika stadier i utvecklingen av implementeringen gällande anhörigstöd. Ur vårt resultat fick vi fram tre olika teman och dessa blev sedan grunden till vår analys och diskussion. Resultatet visar att de två kommunerna organisationsform skiljer sig betydligt åt vilket i sin tur spelar en avgörande roll för hur implementeringen och arbetet med anhöriga ser ut. Resultatet visar även på olika brister som de två kommunerna har, bland annat tid, projekttrötthet och bristande kunskap i vad anhörigstöd faktiskt innebär. Detta resultat analyserade vi med vissa teoretiska utgångspunkter som implementeringsteori och organisationsteori. Resultatet och analysen diskuteras sedan av oss där vi lyfter både de utmaningar och de möjligheter vi kan se i de båda kommunerna.

Tree transplanting practices influence plant survival, establishment, and subsequent landscape value. The inability to adequately quantify effects of inappropriate tree planting and transplanting practices threatens long-term viability and productivity (sustainability) of trees within terrestrial ecosystems. Tree planting depth, i.e. location of the root collar relative to soil grade, is of particular concern for tree growth, development, and performance in the landscape. A series of model studies was conducted to investigate effects of planting depth, container production methods, and transplanting practices on landscape establishment of container-grown trees. Studies included determining the effect of planting depth and soil amendments on live oak (Quercus virginiana Mill.) and baldcypress (Taxodium distichum (L.) L. Rich.), the effect of planting depth during container production and subsequent landscape establishment of lacebark elm (Ulmus parvifolia Jacq.), the effect of planting depth and irrigation practices on landscape establishment of sycamore (Platanus occidentalis L.), and the effect of planting depth and transplant season on landscape establishment of baldcypress. Optimum planting depth varied among species and was dependent on cultural practices and/or environmental conditions. Overall, live oak and baldcypress growth was better when planted with root collars at grade in sand in raised beds compared to planting below grade in control soils. Lacebark elm growth was greater when planted at grade during the initial container production phase and below grade in the second container production phase. Subsequent landscape establishment was variable, but planting at grade to 5 cm above grade produced greater growth. Sycamore trees planted below grade had increased mortality and decreased growth compared to trees planted at grade or above grade, while irrigation had no effect. Baldcypress planted above grade had reduced growth compared to those planted at or below grade, while transplant season had no effect. Species and cultivars within species may differ markedly in their response to environmental/cultural stresses, including planting depth. Each tree species originating from a specific environment may represent an ecotype adapted to that particular environment. Therefore, tree survival and performance may depend on the difference between the environment from which the tree was grown and the experimental system into which it is introduced.

The purpose of this study is to examine the status of academic freedom and, more specifically, intramural and extramural speech at universities in the U.S. since 2000. Court opinions and briefs from benchmark court cases and the faculty's perspective of current academic freedom issues are analyzed to determine dominant trends and themes that have evolved since 2000. While others have studied the relationship between the First Amendment and academic freedom, this analysis brings current the discourse concerning the effect First Amendment court decisions have on the faculty speech. The central research question is to determine the effect court decisions have on the intramural and extramural speech of faculty and specifically to study how federal, state, and local events since 2000 have affected (a) the academic freedom of faculty in general, (b) the way universities handle faculty intramural speech, (c) the way universities handle faculty extramural speech when they speak both as a citizen and a public university employee, and (d) the ability of faculty to defend their academic freedom. Using post-modern theory, the two-phased mixed methods study deconstructs and analyzes (a) the six First Amendment court opinions and briefs and (b) the 19 interviews of public university faculty members. The first phase identified 11 dominant themes, which were used as the basis for the coding and the 19 interviews of public university faculty members. The interview coding and analysis identified 15 themes. Based on the Pearson Correlation Coefficient, four themes were identified in the court opinions and six in the interviews are discussed. The second phase also included surveys of the faculty interviewed and a quantitative analysis of the responses in order to classify the sample. The study found that public universities have complete control over academic freedom, and that it is a privilege granted to faculty based on their scholarly association with the university, not a right. Public university administrators, general counsels, deans, department chairs, and faculty will benefit from the study as it provides an intensive analysis of post-2000 court case logic and the current perceptions and apprehensions that faculty have concerning their intramural and extramural speech rights. / text

This dissertation offers a novel argument for the democratic importance of political parties and campaign finance. Taking issue with the United States Supreme Court's campaign finance and political party jurisprudence, which tends to value campaign spending and party activity for the role that they play in expanding voter choice, my account seeks, instead, to emphasize the role that these forms of political participation can play in countering the sense of political disenchantment which characterizes the political attitudes of a large number of American citizens today. I argue in this project that by subjecting their preferences to continuous contestation and challenge, parties and campaign finance can help instill an appreciation for compromise, as well as tolerance for political diversity and disagreement, among the disenchanted. This, in turn, has many beneficial implications for enabling good governance on the part of the American state. In the course of the dissertation, I also specify the many ways in which contemporary parties and campaign finance regimes need to be reformed in order for them to be able to perform this role. Questions of institutional design thus occupy an extremely prominent place in the project. / Government

Where parties are married in community of property, debts are incurred by the parties and not by the joint estate. Each spouse is liable for debt incurred by either spouse. A creditor is, therefore, entitled to claim from joint estate of both spouses (as co debtors). Such an estate includes not only the spouse's undivided interest in the joint estate but also any and all separate property that falls outside the joint estate. Once the joint estate is sequestrated, both spouses become "insolvent debtors" and consequently the property (including separate property) of both spouses is available to creditors. The lnsolvency Act, as opposed to the Matrimonial Property Act, makes no provision for the recognition or sequestration of 'separate property". Although an estate is sequestrated, it is the debtor who is insolvent. A debtor (married in community of property) who possesses "separate property" is on sequestration of the joint estate insolvent in relation to both his or her undivided interest in the joint estate as well as any "separate property". But is this correct? Ample provision is made by various statutes for the exclusion of certain property from an insolvent estate. Does this not mean that a debtor might be insolvent in relation to one estate and not insolvent in relation to the other? The estate of a partnership is, for purposes of sequestration, deemed to be a separate entity from the partners' private estates. Where the partnership fails, creditors first have recourse against the estate of the partnership where after any shortfall may be claimed from the private estates of the partners. Although the estates of partners are sequestrated simultaneously with the estate of the partnership, creditors of the partnership may not proof their claims against the estate of a partner and vice versa. Is it just and equitable that a spouse who owns separate property is treated differently from a partner who does not possess a separate estate in law from the partnership estate? A partner only has one estate - a private estate that includes his or her interest in the partnership. It is concluded that despite the judgment of the Supreme Court of Appeal in Du Plessis v Pienaar, a sense of dissatisfaction still prevails regarding the status of separate property. It is furthermore suggested that in view of the lack of provisions in the insolvency Act regarding separately owned property, the said Act be amended to provide for the specific exclusion of separate property from an insolvent joint estate. It is more advisable to provide for the exclusion of separate property from the insolvent joint estate than to provide for the simultaneous sequestration thereof. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2004.

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