The primary purpose of the study was to determine if the funding and revenue conditions which existed prior to the passage of the Tax Relief Amendment of 1978 continued after the enactment of public school finance legislation by the Sixty-Sixth and Sixty-Seventh Texas Legislatures. Analyses of four research questions were used to accomplish the purpose of the study.

Academic freedom has gone through three distinct eras yet each era overlaps a great deal with the one following it. The first era was the bureaucratic. It was exemplified by the negotiations between administrators and professors in the 1920s. The American Association of University Professors and the American Association of Colleges began cooperating and a hierarchical structure emerged, with the tenured professor at the top of the faculty. The second era was the political era and it was mainly a result of loyalty oaths, which began after the first World War and then escalated again during the 1930s when communism became a major concern. The political era then gave way to the legal era when the first academic freedom cases went to the United States Supreme Court in the 1950s. The first cases were the result of political pressures that became legal pressures. Most of the early court cases were based on communism. The legal era has produced changes. There are now more rights; for students and teachers of all levels, including pre-college levels, are guaranteed some academic freedom rights. However, the First Amendment and academic freedom are not synonymous because a professor usually cannot win a case based solely on his free speech rights under academic freedom. It is only when academic freedom is guaranteed through some form of due process, custom or contract—and that guarantee has been violated—that a professor normally wins a suit. There are times, too, when a professor's free speech rights have been violated and she can then win a suit based on the First Amendment, but academic freedom is not always a part of the decision. Many times academic freedom is simply used as dictum in a decision that is, in fact, based on a different part of law such as contract law, public employee law, or a First Amendment violation. Academic freedom has been recognized by the courts but standing alone it is not usually sufficient to win a suit.

Substantive due process has been of great importance to the decision of many Supreme Court cases since its beginning. Since its inception in Lochner v. New York,[1] the Supreme Court has used the theory of substantive due process in order to grant numerous rights to individuals and this theory has been interpreted differently by each Justice that has crossed its path. This thesis will explain how recent changes in the composition of the United States Supreme Court make it likely that judicial opinions involving substantive due process will be decided differently. The United States Supreme Court’s future substantive due process jurisprudence will narrow the reach of Substantive Due Process. Justices and their past opinions as well as statements on their analysis of substantive due process will be scrutinized in order to come to this conclusion. This thesis will examine the evolution of substantive due process as well as how each Justice’s distinct views affect it within the Supreme Court’s composition. By determining how the Supreme Court is most likely to proceed and examining the rights already granted through substantive due process this thesis will come to a determination on whether the protection of the rights granted to individuals would be maintained. [1] Lochner v. New York, 198 U.S. 45, 25 S. Ct. 539, 49 L. Ed. 937 (1905)

One of the most hotly contested topics in the world today revolves around an object. An object that has caused debate among all members of society both in the United States, and all across the globe. But how could an object, something that on its own does nothing, spur such heated argument? This object is the evolution of invention and the product of fighting amongst each other. This object changes the way people think and how they act. This object can be used for both good and bad. This object is a gun. This research project will explore the Second Amendment of the United States Constitution in the 21st century, providing an in depth examination of firearm freedoms and their relationship with public safety and interests. This research is integral to our society, both politically and publically. Firearms are a significant aspect of our country, a longstanding right that many people view as one of the most essential rights of a United States citizen. The research presented will examine vital aspects of the debate regarding firearm rights, and analyze the relationship between firearm freedoms and public safety. This thesis will examine the benefits and detriments regarding firearm freedoms and their relationship with public safety. This thesis will first establish the necessary background information, including general information, legislation, and statistics, in order to analyze the aforementioned relationship. The next step in the analysis is to examine the benefits of firearm freedoms, as well as the problems with having unlimited firearm freedoms. This thesis will also examine other essential areas regarding this debate, including political impact, public opinion, and global comparisons. The thesis will conclude with possible alternatives for legislation regarding firearms, and an analysis of the likely proper path upon which to proceed.

The ratification of the Bill of Rights in 1791 brought freedom of the press into the sphere of constitutional legitimacy such that it could not be nullified by the whims of elected officials. Traditionally the guarantee of a free press has been treated as an adjunct of the Speech Clause with little, if any, independent status. Recently, however, that traditional conception has come under increasing attack. Many attorneys, judges and academicians have argued for a separation of the Press and Speech Clauses. For example, former U.S. Supreme Court Justice Potter Stewart has stated his belief that the Press Clause is a structural guarantee which provides greater First Amendment protection to the press than that generally accorded the public. Therefore, the U.S. Supreme Court's decision in Zurcher v. Stanford Daily (1978) that ratified searches of non-suspect, third-party newsmen exemplified for these supporters the nadir of press freedom in recent years. In this study the importance of the Zurcher decision to public policy, public law and legal studies is examined in detail. The study utilizes the systems model popularized by David Easton to observe the events leading up to the decision and both the judicial and legislative responses to that decision. In addition, a new theory of press freedom is presented which analogizes the Press Clause to the Free Exercise of Religion Clause. This theory suggests that the Press Clause should be separated from the Speech Clause in the same way as the Free Exercise Clause has been separated. This would establish the Press Clause as an independent clause granting a special status to the press: a status which the author believes to be warranted by the language of the First Amendment and the absolute necessity for a press free of governmental intrusion and regulation.

Det internationella inflytandet är stort inom kommersiella avtal, vilket inte minst märks när det kommer till formulering av avtalsklausuler. Även avtal mellan två svenska parter inspireras ofta av angloamerikansk avtalsformulering och innehåller inte sällan så kallade boilerplateklausuler som stipulerar bland annat formkrav för ändringar eller tillägg till avtalet. Tvister om tolkning av dessa avtal och ändringar i strid mot avtalade formkrav blir allt vanligare och frågan uppstår då vilken rättsverkan denna typ av avtalsklausuler har för avtal som regleras av svensk avtalsrätt. Området är relativt oreglerat eftersom vår över hundraåriga avtalslag är tämligen kortfattad och istället blir det de avtalsrättsliga principerna, vilka framgår bland annat i praxis, som får ge vägledning i hur frågan ska besvaras. Till skillnad från andra rättsområden där specifika situationer är reglerade i lag och rättsfakta kan påvisas, en rättsregel kan åberopas och rättsföljden någorlunda bestämmas handlar det här istället om att väga olika intressen och ge dem olika prioritet beroende på olika omständigheter. Uppsatsens syfte är att besvara frågan genom att ge exempel på de situationer och omständigheter som är avgörande för när avtalsklausulerna får rättsverkan och när muntliga utfästelser eller andra tillitsgrundande ageranden får avgörande betydelse. Slutsatsen är att det inte går att besvara frågan om en avtalsklausul har verkan utan istället blir svaret när den har det och varför.

This thesis attempts to answer the following questions: (1) has Hugo Black abandoned his philosophy of the "absoluteness" of the First Amendment which has long been his basis of decision-making in problems involving the First Amendment, and (2) has he ceased to maintain his strong position for individual liberties?

For sustained production, organic agriculture depends on plant needs being synchronized with the release of nutrients from organic amendments during decomposition within the soil. Because decomposition is strongly dependent on soil moisture and temperature, nutrient needs may not always be met as planned or synchronous with plant need. Unlike conventional agriculture, fast acting amendments are not readily available. Much of the evidence that vermicompost benefits crop production comes from studies on seed germination and production of starts in greenhouses. Yet, there is a dearth of information derived from field studies. Soil, soil and water nitrogen, plant development, and marketable yield were investigated by implementing field plot trials with both starts grown in greenhouses (Experiment 1) and directly seeded (Experiment 2) crops to test hypotheses on fertility, economics and environmental impacts. Results from Experiment 1 showed that plant production was dramatically increased both in the greenhouse as well as subsequently in the field for vermicompost treatments and directly correlates to economic differences. Results from Experiment 2 show that plant production differences between compost treatments vary by site. There was no significant difference in soil and soil water NO3-N, NH4-N and Total Inorganic Nitrogen (TIN) among treatments, site or experiment. The timely rate of plant development in greenhouse started VC treatments shows great potential to be the first to market with fresh produce when other treatments are still waiting to transplant.

Master of Science / Department of Horticulture, Forestry, and Recreation Resources / Cheryl R. Boyer / Pine bark (PB) has been the principal component of nursery crop substrates in the United States for more than 60 years. Substrate material used for the purpose of growing ornamental plants in the Great Plains is generally shipped a great distance, primarily from the Southeastern U.S., due to a lack of pine plantations in this region. Eastern redcedar (Juniperus virginiana L.; ERC), an aggressively weedy tree species, has been identified as a possible alternative to PB for nursery substrates. The objective of this thesis was to evaluate the establishment of Miscanthus sinensis N.J. ‘Little Kitten’ (dwarf maiden grass), Rosa (L.) ‘Radtkopink’ (Knockout® rose), Ilex glabra (L.) A. Gray ‘Compacta’ (holly), Ulmus parvifolia Jacq. ‘Emer II’ (Allee® lacebark elm), Sedum telphium L. ‘Autumn Joy’ (sedum), Hosta Tratt. ‘Sum and Substance’ (hosta), and Hemerocallis L. ‘Charles Johnston’ (daylily) in three substrate mixes. These substrate mixes consisted of 80% PB: 20% sand, 80% ERC: 20% sand, and 40% PB: 40% ERC: 20% sand. At the end of the production phase differences in growth were observed in maiden grass, holly, lacebark elm, and sedum. At the end of the landscape establishment phase, no differences in growth were observed in any species except holly and hosta. To attempt to overcome the sub-optimal physical properties of ERC (high air space and low container capacity), cyclic irrigation was used to evaluate growth of Sedum spectabile Boreau ‘Autumn Fire’ (sedum), Rudbeckia fulgida Aiton ‘Goldstrum’ (black-eyed susan), and Hibiscus moscheutos L. ‘Luna White’ (hibiscus) in the same 3 substrates. The objective of this study was to evaluate the affect of irrigation frequency (1x, 2x, 3x, or 6x per day) and substrate ERC content on plant growth. Sedum had the greatest growth index (GI) shoot dry weight in PB and when irrigated 1x and 2x per day had the greatest root dry weight regardless of substrate. Irrigation frequency had no significant difference for GI and shoot dry weight Black-eyed susan had the greatest GI and shoot dry weight when grown in PB. Irrigation frequency only had an impact on shoot dry weight of black-eyed susan; plants irrigated 1x, 2x, and 3x per day had the greatest growth. Hibiscus had greatest growth in PB: ERC mix. Irrigation frequency had no impact on growth of hibiscus. Cyclic irrigation does not overcome low water holding capacities in these three species. Overall, ERC can be used as a partial replacement to PB (up to 50%). However, further research evaluating effects of different fertility regimes on ERC substrate is warranted.

Master of Regional and Community Planning / Department of Landscape Architecture/Regional and Community Planning / Katherine Nesse / In November of 2012, the state of Colorado officially ended an 80 year national prohibition of recreational marijuana by voting to pass Amendment 64. This shift in state policy generated a multitude of economic opportunities for jurisdictions throughout the state. However, the location and volume of production and sale that is authorized is ultimately determined at the city and county level. Localities in Colorado are charged with regulating the new industry in the same manner as they do other locally unwanted land uses (LULUs) such as sex-oriented businesses, halfway houses and liquor stores. This paper examines community planning approaches involving the legalization of recreational marijuana in rural Colorado. The goal of this report is to serve as a document that can be used by jurisdictions that are poised to legalize in the future, as a reference when examining best practice for the regulation of a new recreational marijuana industry. I collected data through one-on-one interviews with city and county planners throughout Colorado. The focus of the research is two-fold: to determine what approach the planning staff took towards managing recreational marijuana in their jurisdiction and to determine why the planning staff chose the approach that they did. Through the course of this research, I have found that conservative communities are treating recreational marijuana shops as nuisance or vice businesses and are using there zoning and regulatory powers to push the shops outside of city limits. Progressive communities have taken a more inclusive approach and in return are profiting from the new market. The struggle between state law and local public perception in these jurisdictions may be the major reason why some communities are not benefiting from the public revenue being generated by Amendment 64.