Magister Legum - LLM

This dissertation is a study of the effect of Texas's charter high schools on diploma graduation and General Educational Development (GED) attainment. Utilizing data from the Texas Schools Project at the University of Texas at Dallas, the study follows a cohort of Texas students enrolled as 10th graders in the fall of 1999 and tracks their graduation outcomes through the summer of 2002 when they were expected to have completed high school. The analysis uses case study research and probit regression techniques to estimate the effect of charter school attendance on graduation and GED outcomes as well as the effect of individual charter school characteristics on charter students' graduation outcomes. The study's results indicate that charter school attendance has a strong negative effect on diploma graduation and a strong positive effect on GED attainment. In addition, the study finds that charter schools that offer vocational training, open entry/exit enrollment options, and charters that are operated in multiple sites or "chain" charters have positive effects on charter students' diploma graduation outcomes. Charters that offer accelerated instruction demonstrate a negative effect on diploma graduation. The study finds that charter school graduation outcomes improve as charters gain experience and that racially isolated minority charter schools experience reduced graduation outcomes. The study's results also indicate that Texas's charter high schools may be providing district schools with a means through which to offload students who may be difficult to educate. The analysis finds that districts may be pushing low-performing high school students with attendance and discipline problems into charter schools in order to avoid the effort of educating them and to improve district performance on accountability measures related to standardized test scores and graduation rates. This finding suggests that that competition from charter high schools will not provide much incentive for districts to improve their programs, undermining a central premise of school choice initiatives.

The research sought to objectively evaluate the effectiveness of Texas standard AP open-enrollment charter school campuses and to discover independent variables that may be utilized to predict effective charter school campuses. The literature review was designed to enhance the current understanding of charter schools and therefore facilitate a more effective evaluation of them. A basic knowledge and understanding of the origins, characteristics and purposes of charters allow for a more objective analysis. The literature review covered the history of charters including their founders, characteristics, and growth patterns. The data items used in the analyses were downloaded from the 2007-2008 Academic Excellence Indicator System (AEIS), which contains a variety of data from all Texas public schools. Multiple statistical analyses were utilized including chi-square, ANOVA, multiple regression and discriminate analysis. In order to evaluate Texas standard AP open enrollment charter campuses, their accountability ratings were compared with those of standard AP traditional public school campuses. The research evaluated twelve independent variables for charter schools to determine their relationship to accountability ratings, thereby providing charter operators indicators or predictors of accountability ratings to facilitate better academic quality. By analyzing the same variables for traditional public schools as charter schools, a baseline model was developed to compare the similarities and differences with the results of the charter school analyses.

Educators have regarded building leader-member relationships using collaboration as a fundamental component to successfully improve students' academic achievement. Ineffective collaborative leadership practices may lead to achievement deficits particularly for many urban charter schools operated by educational management organizations. The purpose of this case study was to explore collaborative leadership practices educational management organization leaders need to assist school principals in low-performing K-12 urban charter schools to improve academic achievement. Guided by Fiedler's contingency theory, this case study explored the successful collaborative leadership practices of educational management organization leaders and school principals in a midwestern urban charter school to improve academic achievement. Data collection included semistructured interviews with 3 educational management organization leaders and 5 urban charter school principals and reviewing archival company documents. Data analysis involved coding and theming significant phrases and emerging patterns related to successful collaborative leadership practices until reaching data saturation. The emerging themes revealed included collaborative practices; academic achievement; implementation to change; school improvement; professional development; compliance and regulations; organizational culture, and community involvement. Findings from this case study resonated with Fiedler's contingency theory and indicated the significance of collaborative leadership practices. A significant positive social change implication is that the awareness of collaborative leadership practices in low-performing K-12 urban charter schools can enhance student academic achievement.

This thesis explores the process of implementation of the FA's Charter Standard scheme in England. The football development scheme, for schools and clubs, is the first nationally led initiative to attempt instantiate structures and minimum standards of practice at the junior level of football in England. Implementation of the scheme has taken place within the context of New Labour s modernising drive for sport. Moreover, the area of grassroots football has escaped any sustained analysis in academia. Therefore, the thesis aims to provide insights into this area and re-dress the balance somewhat from the pre-occupation of analysing the elite levels of the game. The nature of implementation is complex and multi-faceted, and a primary aim of the study is to identify and analyse the dynamics of implementation in three distinct geographical areas (or clusters) of grassroots football. The study focuses on the meso level of analysis, which centres on the structures and dynamics of relationships between County FA personnel, grassroots football volunteers, teachers and sport development professionals whose responsibility it is to implement the Charter Standard. The macro level of analysis is also briefly considered, where the primary concern is to highlight how such individuals are constrained or facilitated in implementing the Charter Standard, and the relative positions of power they occupy. A qualitative methodology is utilised to elicit data in respect of implementation, generating themes and issues specific to each of the three case studies (or clusters), allowing for general comparisons. Within the case study approach, the dialectical approach to policy networks is applied to provide a framework in which to analyse and discuss theories and processes of implementation. This has proved useful in highlighting conflict and ambiguity between individuals regarding the ethos, and criteria within, FA Charter Standard criteria. Indeed, it is evident that implementing the Charter Standard is problematic for both professionals and volunteers within the context of modernisation. The study concludes by noting changes in the practice of grassroots football. Volunteers have been drawn into football development work which has altered their experience from a largely spontaneous, leisurely activity of choice, to one in which they are expected to conform to professionalised practices in order to implement, and gain Charter Standard accreditation for their club or school.

"Thèse présentée à la Faculté des études supérieures en vue de l'obtention du grade de doctorat en droit (LL.D.)" / Depuis l'enchâssement constitutionnel de la Charte canadienne des droits et libertés, le contrôle judiciaire de constitutionnalité subit d'importantes critiques. Pour contester la légitimité démocratique de ce contrôle, des politologues et des juristes invoquent notamment le fait que les juges ne sont pas élus, qu'ils ne représentent pas la population, alors qu'ils imposent leurs préférences et leurs interprétations aux législateurs et gouvernements. En réponse à ces critiques, des théories de la légitimité de la justice constitutionnelle ont été élaborées. Ce débat doctrinal influence la jurisprudence de la Cour suprême du Canada, ce qui se traduit par l'élaboration de différentes normes de contrôle judiciaire de constitutionnalité. Ce choix entre l'activisme et la retenue judiciaires est déterminant dans le résultat d'un contrôle constitutionnel sous la Charte. Alors que les critiques du contrôle judiciaire de constitutionnalité témoignent d'une conceptualisation insuffisante du jugement juridique, les attitudes de retenue et d'activisme semblent également problématiques au plan philosophique et théorique. Devant cette situation, la justice constitutionnelle doit être placée dans la perspective de la démocratie délibérative. Il est de plus possible de préciser la fonction du contrôle judiciaire de constitutionnalité dans un système juridique. Se renouvelle ainsi l'explication des opérations d'interprétation et de limitation des droits et libertés ainsi que celles de sanction et de réparation en cas de violation. En adoptant une dimension contextuelle et systémique, le contrôle judiciaire de constitutionnalité prend la forme d'une institutionnalisation de la critique interne du système juridique et sert ainsi d'instance d'autoreproduction du droit. / Judicial review has been the object of substantial criticism since the enshrinement of the Canadian Charter ofRights and Freedoms. Political scientists and lawyers have contested the democratic legitimacy of judicial review by notably invoking that although judges are not elected and do not represent the population, they nevertheless impose their preferences and interpretations on legislators and governments alike. In response to this criticism, theories have been developed addressing the legitimacy of constitutional justice. The jurisprudence of the Supreme Court of Canada has been influenced by this ideological debate, which has in turn, established different norms ofjudicial review. The choice between judicial activism and restraint is a determining factor resulting in judicial review under the Charter. While the criticisms ofjudicial review suffer from an inadequate conceptualization of legal judgment, attitudes of judicial restraint and activism seem equally problematic with respect to theoretical and philosophical issues. Under these circumstances, constitutional justice must be considered from the perspective of deliberative democracy. Moreover, it is possible to specify the function ofjudicial review within a legal system. This can generate renewed understanding of the approaches to interpretation and limitation of rights and freedoms, as well those applying to sanctions and reparation in case of a violation. The adoption of a contextual and systemic approach institutionalizes judicial review as an internaI review of the legal system and thus serves as an authority for the self-reproduction of the law.

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maître en droit option Droit des biotechnologies". Ce mémoire a été accepté à l'unanimité et classé parmi les 10% des mémoires de la discipline. / La science génétique tend de plus en plus à identifier des maladies génétiques et à associer des comportements humains au bagage génétique. Or, ces applications peuvent servir à exclure et stigmatiser des individus. Cela crée parfois ce qu'on appelle de la discrimination génétique. Le domaine de l'emploi est particulièrement propice à voir surgir cette forme de discrimination. Nous voulons ici déterminer dans quelle mesure les chartes des droits de la personne canadienne et québécoise protègent les travailleurs contre la discrimination génétique. Nous regardons d'abord si la lutte contre la discrimination génétique est compatible avec les objectifs de la règle anti-discrimination. Ensuite, nous examinons la prohibition de la discrimination basée sur le handicap afin de voir si celle-ci peut empêcher la discrimination génétique des travailleurs. Finalement, nous tentons de voir si les caractéristiques génétiques pourraient constituer un motif analogue de discrimination prohibé par la Charte canadienne. / Increasingly, the genetic science tends to identify sorne genetic diseases and to associate the human behaviors to the genetic code. This uses can serve to exclude and stigmatize the individuals. This sometimes creates what is called the genetic discrimination. The workplace is particularly favorable to see emerging this form of discrimination. We try to determine in what way the human rights charters protect the workers against the genetic discrimination. First, we scrutinize if the struggle against the genetic discrimination is well-suited with the objecti ves of the principles of the non-discrimination. Secondly, we examine if the prohibition of the disability discrimination could prevent the genetic discrimination against the workers. Finally, we try to establish if the genetic characteristics could constitute an analogous ground of discrimination prohibited by the Canadian Charter.

The problem with which this study is concerned is the development of a plan to reform the structure of the current system of Iranian higher education, both quantitatively and qualitatively. These goals have been set by the Charter of Educational Revolution and coincide with the Development Plans of the nation which have aimed to bring about a fundamental change in society. Educational history of Iran since ancient times is discussed, with special emphasis on higher education, and the religio-cultural influences in shaping the organization of educational institutions and curricula are overviewed. The nation developed one of the world's oldest scholastic centers of higher learning, Gondi-Shapur Academy, whose international faculty contributed significantly to the advancement of knowledge. Iranian culture was exposed to Islam following the Arab invasion; and Islamic doctrine, which has been opposed to secular education, has dominated the educational philosophy of the country. Western education came to Iran through military institutions and religious institutions. Modern schools increased during the last decades of the nineteenth century; however, their progressive development can be traced only from the reign of Reza Shah, beginning in 1925. The first modern university of Iran was established forty years ago. The provincial universities and other institutions of higher learning came into existence in following years. After adopting the Charter of Educational Revolution in 1968, Iran experienced a rapid expansion of its institutions of higher learning. The percentage of total student enrollment in these institutions has never exceeded 0.37 per cent of the population, however, because the institutions could not expand rapidly enough to accommodate the students who applied for admission. Graduate education is also in the primary stages of development, currently comprising 2.4 per cent of the college students of the nation. To cope with these shortcomings, the study has come to the following conclusions: 1. The system of higher education in Iran should develop qualified graduate schools to educate highly advanced professionals and scholars to fill the positions which the nation, until the present time, has had to award to personnel who have received their education abroad.

This thesis explores the intersection of freedom of expression (as protected in the Canadian Charter of Rights and Freedoms (Charter)) and copyright in Canada. In this thesis, I argue that both lower Canadian courts and the Supreme Court of Canada (SCC) should reconsider their approaches to this intersection. Lower Canadian courts have consistently rejected arguments that provisions of Canada's Copyright Act unjustifiably infringe the Charter right to freedom of expression. The SCC, on the other hand, has consistently interpreted provisions of the Copyright Act in such a manner as to result in expanded protection for the expression interests of non-copyright owning parties. It has done so not by relying explicitly on the Charter right to freedom of expression, but through a process of statutory interpretation. I argue that both approaches merit reconsideration. Specifically, I argue that the approaches adopted by lower Canadian courts to the intersection of the Charter right to freedom of expression and copyright are based on now-invalidated approaches to both copyright and to freedom of expression, and are thus themselves invalid; that to the extent to which the SCC's approach to this intersection assumes that the Charter right to freedom of expression can be protected, in the context of copyright, through statutory interpretation alone, that it fails to adequately protect the Charter right to freedom of expression; that other leading national courts from which the SCC has previously sought assistance have explicitly engaged with this intersection, and that the SCC should follow suit; and that the SCC's own copyright and freedom of expression jurisprudence suggests that provisions of the Copyright Act may unjustifiably infringe the Charter right to freedom of expression. These four arguments, taken together, suggest that the time is ripe for reconsideration of this intersection.

The primary objective of the study is to identify the extent to which the current school choice policy in New Orleans has afforded students in underserved neighborhoods or city planning districts the opportunity to attend quality schools elsewhere in the city. Though all students in New Orleans have access to schools outside their neighborhood, more than two-thirds (68%) of public school students attended a school within their planning district or in the adjacent planning district in the 2011-12 school year. In staying close to home, just one-fifth (22 percent) of students attended a quality school. A clear relationship existed between a planning district’s service level and its socio-economic and racial make-up as well as the performance level of its students’ schools. The results of this analysis suggest that the lack of quality schools in low-income and minority areas significantly limits those families’ access to quality schools even under New Orleans’ far-reaching school choice policy.