This study provides a comparative analysis of attitudes of high school principals toward the First Amendment in the schoolplace in 2004 and 2007. It builds on the seminal work done in 2004 by Connecticut researchers Ken Dautrich and David Yalof. It also rigorously examines their 2004 data for the first time. An analysis of the 2004 data and my own 2007 findings revealed that principals in 2007 reported being less likely to support the expression of unpopular opinions and more likely to think the First Amendment goes too far in the rights it guarantees. While principals strongly agreed that professional newspapers should be able to publish without interference from authorities, they were significantly less likely to say the same about high school newspapers. This study includes interviews with 10 randomly selected administrators who took the 2007 survey. Their comments verified the key quantitative findings. / Department of Journalism

How much the writer of this thesis is blazed on the subject of religion can be determined accurately only in his own mind. However, there must be the recognition that a person's background, especially his religious training and church affiliation, has its influence no matter how objectively a religious question is approached in a study. Even though this thesis is concerned with the legal concepts within the oases of the Supreme Court of the United States, the question of religious bias probably has its place, large or small„ Let it suffice to state that the writer is of a Protestant faith, specifically the Presbyterian denomination. The degree that has biased the treatment of the study should be a consideration of the reader, keeping in mindthe reader's own bias.

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.

From colonies to nation, this work identifies and emphasizes the influence of interdependent communal relationships on the ascent of the charter school movement. These ideals were made manifest in colonial social covenants that were then compromised by the conformist republican mandate of the common school. These ideals were recovered incrementally as education was affected by broader historical forces, most notably the implementation of court-sanctioned racial apartheid during the Plessy era, the reaction to the underwhelming impact of Brown, and, beginning in the 1980s, the rise of legislation that prepared the way for charter schools. Moreover, this work challenges the assumption that charter schools have proven popular with American citizens due solely to promises of superior academic results. Alternatively, this work suggests that charter schools have prospered because they have challenged the state monopoly in K-12 education, and have thus returned balance to the dynamic between the individual and the state. Finally, this work troubles the idea that charter schools are balkanizing American education, suggesting that the right of citizens to form charter schools, in an effort to sustain unique communities, justifies and is in fact endorsed by the American metanarrative. Research on American charter schools lacks a coherent historical framework. This work provides the charter school movement with an historical narrative that argues for the movement’s legitimacy based on its consistency with the American Republic’s founding philosophy. / Graduate / 0323 / 0337 / 0520 / smg32@duke.edu

Elevated concentrations of mercury (Hg) in aquatic systems can be a threat to ecosystems and human health. Mercury-bearing sediment particles from eroding riverbanks can be an ongoing source of bioavailable Hg to aquatic ecosystems. Hyporheic zones in particular can be important sources of both inorganic and organic-complexed Hg, which can be rapidly transported to adjacent surface waters. The objective of this study was to investigate the release and treatment of dissolved and particle-bound Hg in water derived from the riverbank sediments of the South River, Virginia. The solid-phase forms of Hg in riverbank sediment samples were characterized by sequential extraction and synchrotron based techniques. The analyses suggest that 79-93% of Hg in the sediment samples is in the form of insoluble sulfides (βHgS metacinnabar); however significant masses of more-soluble Hg phases (0.4-33 μg/g) are also present. Simulated erosion events resulted in elevated concentrations of Hg in the river water up to 80 μg/L. There was no correlation between the mass of water-soluble Hg in the sediment and the concentrations of Hg released in the river water following sediment suspension. Column transport experiments were conducted to assess Hg release from the sediment under water:sediment ratios typical of those that might occur at the bottom or in the banks of the river. Concentrations of Hg in the 0.45 μm-filtered fraction of the effluent varied from 0.15 μg/L for samples collected from the base of the riverbank to 8 μg/L for samples collected from the top of the riverbank. Filter size-fractionation of water column effluent suggested approximately 50% of the leached Hg was present in the dissolved phase, with the remainder in particulate form. Riverbank sediments were amended with various types of reactive material including complexing agents, reductants and charcoals. Batch experiments indicate that the mass of Hg released from the sediment could be lessened by 64-99% with the addition of reactive media, and that aerating and re-wetting the sediment amendments resulted in equal or greater removal of Hg from the water. The greatest removal of Hg was observed when more amendment was added to the sediment, however the greatest Hg uptake capacity (Hg captured per mass of material) was observed for the lowest doses of reactive media. The Hg uptake capacities ranged from 35-500 ng/g and were greatest for treatment of water with elevated concentrations of Hg. The Hg uptake capacities were a function of the Hg concentrations in the untreated water, and were generally lower relative to values reported in the literature. Column studies were used to simulate the flow of river water containing elevated concentrations of Hg through a reactive zone containing a charred hardwood material. The concentration of filtered Hg was < 120 ng/L for treated effluent from columns, resulting in > 98% removal of Hg from the water. Assuming that the majority of removal occurred within the initial 2-3 cm along the length of the column, the calculated uptake of Hg2+ ranged from 1.2-7.7 μg/g. The uptake capacity for charred hardwood material was much greater for the column experiments relative to the batch experiments, suggesting that the uptake capacity is limited by Hg loading. The chemical composition of the treated column effluent was similar to the South River water, and suggests the material did not add or remove significant constituents during the course of these experiments.

Elevated concentrations of mercury (Hg) in aquatic systems can be a threat to ecosystems and human health. Mercury-bearing sediment particles from eroding riverbanks can be an ongoing source of bioavailable Hg to aquatic ecosystems. Hyporheic zones in particular can be important sources of both inorganic and organic-complexed Hg, which can be rapidly transported to adjacent surface waters. The objective of this study was to investigate the release and treatment of dissolved and particle-bound Hg in water derived from the riverbank sediments of the South River, Virginia. The solid-phase forms of Hg in riverbank sediment samples were characterized by sequential extraction and synchrotron based techniques. The analyses suggest that 79-93% of Hg in the sediment samples is in the form of insoluble sulfides (βHgS metacinnabar); however significant masses of more-soluble Hg phases (0.4-33 μg/g) are also present. Simulated erosion events resulted in elevated concentrations of Hg in the river water up to 80 μg/L. There was no correlation between the mass of water-soluble Hg in the sediment and the concentrations of Hg released in the river water following sediment suspension. Column transport experiments were conducted to assess Hg release from the sediment under water:sediment ratios typical of those that might occur at the bottom or in the banks of the river. Concentrations of Hg in the 0.45 μm-filtered fraction of the effluent varied from 0.15 μg/L for samples collected from the base of the riverbank to 8 μg/L for samples collected from the top of the riverbank. Filter size-fractionation of water column effluent suggested approximately 50% of the leached Hg was present in the dissolved phase, with the remainder in particulate form. Riverbank sediments were amended with various types of reactive material including complexing agents, reductants and charcoals. Batch experiments indicate that the mass of Hg released from the sediment could be lessened by 64-99% with the addition of reactive media, and that aerating and re-wetting the sediment amendments resulted in equal or greater removal of Hg from the water. The greatest removal of Hg was observed when more amendment was added to the sediment, however the greatest Hg uptake capacity (Hg captured per mass of material) was observed for the lowest doses of reactive media. The Hg uptake capacities ranged from 35-500 ng/g and were greatest for treatment of water with elevated concentrations of Hg. The Hg uptake capacities were a function of the Hg concentrations in the untreated water, and were generally lower relative to values reported in the literature. Column studies were used to simulate the flow of river water containing elevated concentrations of Hg through a reactive zone containing a charred hardwood material. The concentration of filtered Hg was < 120 ng/L for treated effluent from columns, resulting in > 98% removal of Hg from the water. Assuming that the majority of removal occurred within the initial 2-3 cm along the length of the column, the calculated uptake of Hg2+ ranged from 1.2-7.7 μg/g. The uptake capacity for charred hardwood material was much greater for the column experiments relative to the batch experiments, suggesting that the uptake capacity is limited by Hg loading. The chemical composition of the treated column effluent was similar to the South River water, and suggests the material did not add or remove significant constituents during the course of these experiments.

Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which prescribe severe mandatory sentences for a large number of serious offences like murder, rape and armed robbery. This legislation come into effect on 1 May 1998 and was to have effect for two years. The President could with the concurrence of Parliament by proclamation extend its operation for one year, that was in fact done. The latest extension of the Criminal Law Amendment Act 105 of 1997 was for a further two years making the minimum sentence provisions valid until 30 April 2005. The Courts did not like these mandatory sentences because of the limitation it places on judicial discretion and dealt with this legislation that limited their judicial discretion restrictively in order to defend their sentencing discretion. Although the Criminal Law Amendment Act of 105 of 1997 was held not to be unconstitutional the Courts stll sought to give it a narrow interpretation. This research paper include an outline of the Criminal Law Amendment Act / the Constitutional challenges that were brought against the Criminal Law Amendment Act / the judicial interpretation of the Criminal Law Amendment Act as well as the applicability of the Criminal Law Amendment Act to District Courts and juvenile ovenders / the procedural requirements that must be complied with in the Criminal Law Amendment Act and its consequences if not complied with. This paper examined how the Courts defined substantial and compelling circumstances, the approaches adopted by the Courts and when deviation from the Criminal Law Amendment Act can take place. It also include the challenges posed by mandatory minimum sentence legislation as well as recommendations for the improved implementation of the Criminal Law Amendment Act.

This thesis examines the historical development and current state of amendment law in the Australian patent system. Initial research on modern amendment cases immediately showed that the confused, inconsistent and complex state of the law is a significant problem. There is a plethora of different analytical tools and legal tests being applied to assess an amendment, yet they were developed in a different area of patent law, that of fair basing. Such tools and tests are ill equipped to provide any real assistance to decision-makers faced with assessing an amendment. In fact, they seem to lead decision-makers away from applying the correct investigation as set out in the amendment provisions of the legislation. The thesis examines the history of amendment law so as to place its discussion of the current problems in context and provide a better understanding of why the problems arose. Four major events are discussed in the thesis. Together, these events have shaped Australian amendment law over the past century: (i) the development and introduction of the “substantially larger than or substantially different from” test into the British and Australian statutory amendment provisions; (ii) the development and introduction of the concept of fair basing into British and Australian patent law; (iii) the development and introduction of the modern British and Australian statutory test for amendments and the tiered amendment scheme; and (iv) the analogies drawn in modern British and Australian cases between fair basing and amendment that ultimately led to fair basing tests being cross-applied in Australia to assess the allowability of amendments. The thesis shows how the very harsh early British treatment of requests for amendment ultimately led to statutory change. It also locates, for the first time, the common law origins of the notion of “fair basing.” The 1949 British legislation implemented a new and different statutory test that was intended to liberalise the whole area of amendment law. It also added the requirement of “fair basing” into the legislation. However, the thesis shows that this last development occurred via well-intentioned legislators with a significant misunderstanding of patent law. The notion of fair basing injected a great deal of uncertainty into an area of law that was previously settled. Theoretically, and in practical application, it caused problems. Then, when decision-makers sought guidance on the new amendment provision, they applied the tests developed in fair basing cases to assess amendments, with the consequent deleterious effects. The Australian experience largely mirrored the British experience until 1977 when the British Act changed. The significance of the thesis is that it clearly demonstrates that the currently accepted dogma – that fair basing is equivalent to the “in substance disclosure” statutory test for amendments, so fair basing tests can be used to assess amendment – is unsound. The thesis isolates the problems inherent in the dogma and the examination of relevant case law confirms the main hypothesis that the current approach should be rejected. It simply operates to the prejudice of inventors, their competitors, the public and the patent system itself. Most importantly, the thesis shows that reform is urgently needed. Some possibilities for reform are suggested.

Submitted by Gustavo Gomes (gustavolascasas@gmail.com) on 2013-09-02T14:34:12Z No. of bitstreams: 2 Inova????o institucional no federalismo brasileiro p??s 1988.pdf: 7877703 bytes, checksum: 352870d4cda1f54756250179e56bc530 (MD5) license_rdf: 22192 bytes, checksum: 16508d913bcfe515c0f9e2bdf06ca16d (MD5) / Approved for entry into archive by Roger Guedes (roger.guedes@fjp.mg.gov.br) on 2013-09-02T17:30:31Z (GMT) No. of bitstreams: 2 Inova????o institucional no federalismo brasileiro p??s 1988.pdf: 7877703 bytes, checksum: 352870d4cda1f54756250179e56bc530 (MD5) license_rdf: 22192 bytes, checksum: 16508d913bcfe515c0f9e2bdf06ca16d (MD5) / Made available in DSpace on 2013-09-02T17:30:31Z (GMT). No. of bitstreams: 2 Inova????o institucional no federalismo brasileiro p??s 1988.pdf: 7877703 bytes, checksum: 352870d4cda1f54756250179e56bc530 (MD5) license_rdf: 22192 bytes, checksum: 16508d913bcfe515c0f9e2bdf06ca16d (MD5) Previous issue date: 2008 / Funda????o Jo??o Pinheiro / O objetivo desta tese ?? investigar os efeitos da Emenda Constitucional n. 29, de 2000 (EC n.29) nas decis??es alocativas dos governadores estaduais relativas aos gastos com sa??de, buscando identificar os seus condicionantes. Dois argumentos anal??ticos principais guiaram a an??lise. O primeiro foi o de que as institui????es, entendidas como regras formais, orientam o c??lculo e a intera????o dos atores. O segundo foi o de que, para investigar seus impactos ?? preciso considerar a import??ncia da ag??ncia humana e que as escolhas refletem a intera????o entre institui????es e condi????es. De fato, ap??s a aprova????o da Emenda a grande maioria dos estados aumentou o percentual da receita aplicada na sa??de, diferentemente do que se observou no per??odo imediatamente anterior. Constatou-se, tamb??m, que o comportamento dos estados variou significativamente. Essa variabilidade das respostas dos governadores instigou a investiga????o dos poss??veis condicionantes de seus comportamentos Mesmo reconhecendo que a rela????o condicionantes???tomada de decis??es seja extremamente complexa, o pressuposto foi o de que, a partir da associa????o entre vari??veis capazes de refletir a diversidade dos estados brasileiros nos aspectos pol??tico, econ??mico e social e as respostas dos governadores em termos do gasto com sa??de, fosse poss??vel responder ?? indaga????o principal proposta. Os resultados do modelo ajustado mostraram que a vari??vel indicadora emenda para a aprova????o da EC n. 29 mostrou-se altamente significativa, confirmando que a sua aprova????o induziu os governadores a elevarem o percentual da receita aplicado na sa??de. Entre as vari??veis de contexto, apenas a receita l??quida per capita e o perfil ideol??gico do partido do governador mostraram-se significativas. No entanto, os resultados encontrados permitem afirmar que tais vari??veis condicionam apenas marginalmente o efeito substantivo da Emenda nos estados. O que se pode concluir ?? que a introdu????o de uma regra como a EC n.29 foi capaz de induzir os governadores a adotarem comportamentos independentemente das vari??veis de contexto aqui consideradas. Ainda que as vari??veis selecionadas possam compor o contexto das escolhas, as suas influ??ncias, mediadas pelos mais diversos interesses e circunst??ncias, n??o puderam ser captadas numa abordagem dessa natureza. O estudo buscou chamar a aten????o ainda para o fato de que, ao mesmo tempo em que induziu o aumento dos gastos com sa??de, a EC n.29 passou a estimular outros jogos envolvendo disputas relacionadas ao conceito de ???a????es e servi??os de sa??de??? e quanto ?? base de c??lculo para a defini????o da participa????o da Uni??o. Nesse sentido, o estudo confirmou a pertin??ncia do argumento neo-nstitucionalista de que as institui????es n??o podem ser consideradas apenas como ???coer????es herdadas??? e, portanto, ex??genas ao processo pol??tico, mas que atores racionais tendem a buscar participar da elabora????o/altera????o das regras, de modo a favorecer suas escolhas. A investiga????o tamb??m lan??ou luzes sobre os desafios postos ao compartilhamento de responsabilidades pela engenharia federativa. Embora a Emenda tenha sido, de certa forma, bem sucedida no sentido de impor uma dada dire????o aos gastos com a sa??de, constatou-se que alguns estados reduziram o percentual da receita aplicado na sa??de quando deveriam t??-lo aumentado e que poucos estados conseguiram atingir o percentual m??nimo de 12% em 2004, conforme estipulado. Portanto, ainda que a a????o coletiva em pa??ses federativos possa ser favorecida por meio de regras, seus efeitos plenos podem ser retardados ou, mesmo, n??o serem atingidos caso o consenso em torno delas mostre-se fr??gil. No caso da EC n.29, essa fragilidade manifesta-se nos percal??os enfrentados pela sua regulamenta????o e implementa????o. / The purpose of this thesis is to investigate the effects of Constitutional Amendment 29 (EC n.29), of 2000, on the decisions of state governors related to the allocation of funds for the health sector, aiming at identifying its conditioning factors. Two main analytical arguments guided the analysis. The first: institutions, understood as formal rules, orientate the calculations and the interaction of actors. The second: in order to investigate its impacts, it is necessary to consider the importance of human agency and that choices reflect the interaction between institutions and conditions. In fact, after the passing of Amendment 29, the great majority of the states increased their revenue percentage invested in the health sector, differently from what was seen in the previous period. It was also a fact that the behavior of the states significantly varied. Such variability regarding the governors?? responses instigated the investigation into the possible factors that condition their behavior. Even recognizing that the relation between conditioning factors and decision-making is extremely complex, the assumption was that, based on the association between variables capable of reflecting the diversity of Brazilian states concerning political, economical and social aspects and the governors?? responses regarding expenditures on health, it would be possible to answer the main proposed question. The results of the adjusted model showed that the variable amendment indicating the passing of EC n.29 was highly significant, confirming that its passing induced governors to raise the revenue percentage invested in the health sector. Among context-related variables, just the net per capita revenue and the ideological profile of the governor??s party were significant. However, the overall results allow to state that such variables only marginally condition the substantial effect of the Amendment on the states. What can be concluded is that the introduction of a rule such as EC n.29 was capable of inducing governors to adopt behaviors despite the context-related variables considered herein. Although the selected variables may compose the context of choice, their influences, mediated by all sorts of interests and circumstances, could not be captured in such an approach. The study also attempted to call attention to the fact that, while inducing the increase in the expenditures on health, EC n.29 started to stimulate other games involving disputes related to the concept of ???health actions and services??? and concerning the calculation basis that define the participation of the federal entity. In this regard, the present study confirmed the pertinence of the neo-institutionalism argument which states that institutions can not be considered only as ???inherited coercions??? and, thus, exogenous to the political process, but that rational actors tend to seek the participation in the elaboration/alteration of rules, so as to favor their choices. The investigation brought light as well to the challenges of responsibility sharing set by federative engineering. Although the Amendment was, in a way, well-succeeded in the sense that it imposed a certain direction to expenditures on health, it was possible to see that some states reduced the revenue percentage invested in the health sector when it should have been increased, and that only a few states managed to reach the established minimum of 12% in 2004. Therefore, even though collective actions in federative countries can be favored by means of rules, their full effects may be delayed or even not be reached if consensus on them turns out to be fragile. In case of EC n.29, such fragility is manifested by the drawbacks faced in its regulation and implementation. / Governo e Pol??tica

The present article seeks to show the aplication of the mutability principle in amendments on concession contracts that are made on the legal frame of public-private partnership, giving a doctrinaire vision and also the Peruvian normative treatment. / El presente artículo busca dar luces de la aplicación del principio de mutabilidad en la modificación de los contratos de concesión que se realizan bajo el marco jurídico de asociaciones público-privadas, dando una reflexión doctrinaria y su contraparte normativa en el sistema peruano.