Thesis (Ed. D.)--University of Montana, 2007. / Title from title screen. Description based on contents viewed Oct. 12, 2007. Includes bibliographical references (p. 257-264).

Thesis (Ed. D.)--University of Montana, 2007. / Title from title screen. Description based on contents viewed Aug. 8, 2007. Includes bibliographical references (p. 119-138).

Thesis (Ed.D.)--Boston University

No description available.

In this dissertation, I examined the construction, function, and consequences of causal attributions in all British Columbia sexual assault trial judgements available through Quicklaw from 1986-1994. Most judgements contained causal attributions, that is, the judge discursively constructed an explanation of the assault. These attributions were analyzable as internalizing versus externalizing (i.e., under the individual's control or not); situating or saturating (i.e., situated in a particular time and place versus abstracted and pervasive), and as violent or nonviolent (i.e., caused by a choice or tendency to be violent versus a choice or tendency to use alcohol, to be sexually inappropriate, etc.). The preponderance of attributions for persons guilty of sexual assault cast the cause as something other than violence. This suggests that, despite laws which defined sexual assault as violent per se, judges are not treating these offenses as violent. These attributions along with two other sets of factors (case parameters identified by Ruby, 1994, and stranger versus nonstranger status) were then tested to determine which factors were related to sentencing. Causal attributions were significantly correlated with sentence. In particular, nonviolent attributions were significantly related to lower sentences. Only the relatively rare violent and internalizing attributions (e.g., "he chose to be violent") were significantly correlated with higher sentences. Most case parameters were either not associated with sentence or were actually correlated in the opposite direction. For example, breach of trust was negatively associated with sentence: judges gave offenders who assaulted children in their care systematically lower sentences. Stranger status was significantly correlated with the offender receiving a higher sentence, even when the stranger had not physically touched the victim. Overall, these findings illustrate the usefulness of examining judges' discourse as well as the facts of the case. When judges discursively constructed an assault as nonviolent, the sentence was lower. When they attributed the assault to violent causes and cast the offender as responsible, the sentence was higher. Moreover, the results suggest that the judges are not dealing with sexual assault and other sexualized offenses in the way that is consistent with the relevant legislative laws and sentencing principles. In particular, the legal system fails to protect children from those charged with their care and protection. / Graduate

Thesis (MTech (Construction Management))--Cape Peninsula University of Technology, 2017. / Delays are frequent and recurring in construction projects, mostly in developing countries. Several factors pertaining to modes of operation in the local construction industry contribute to construction delays. Contractual claims are integral and an important feature of construction project's life. Often times, delay-related contractual claims in construction projects is a controversial issue that often leads to disputes and conflicts between contractual parties due to its ambiguity and complexity. Literature have shown over the last decade a range of problems that have consistently resulted in construction delay and significant costs to all contractual parties due to contractual claims in almost all types of construction projects. Therefore, to achieve more time efficiency on construction projects, comprehensive studies on common problems resulting in routine delays due to contractual claims is essential. Such studies need to pinpoint the most relevant causes of delay that have to be monitored carefully in order to avoid the construction delays. Thus, this study adopted a quantitative research method. Closed ended and open ended questions were designed in the quantitative instrument for the quantitative survey. Descriptive and Principal Component Analysis was employed for data analysis to develop an operational framework for evaluating delay related claims in the South African construction industry. Findings from the analysis of data revealed several factors through which, when appropriately evaluated will reduce the incidence of contractual claim to minimum if not completely eliminated in construction project. The study has found that delay-related claims are increasingly emerging and have become the most common and costly problem in construction projects which not only deny the client timely access to the completed facility but disrupt the overall performance of the building project. This study also concludes that the contractual claims that often lead to dispute during execution of building projects are; Change order claim, Variation order claim, Cost and expense claims and Dayworks claim. Therefore, evaluation of these claims must be given careful assessment during the construction phase of a building project to forestall its attendant consequence on project performance. Inconsistencies in the operational dealings with contractual claims in the South African construction industry showed that; release of payment emanating from claims, quality of management and design coordination, nonavailability of specified materials and change in micro economic policy are the most significant in evaluation factors which must be considered in evaluation of accurate and undisputed contractual claims. This study also affirmed that the three principal components that lead to claim and dispute when combined explained 49% of the total variance. Also, it was concluded that arbitration is most appropriate for dispute due to; shortage of materials, claims in fluctuation of the materials price, physical environmental consideration, and conflict of interest among the project team. Litigation is most appropriate to resolve dispute due to access to the construction site. While mediation is most suitable for dispute due to; inability of the client to understand design, the choice of the procurement process, delay in release of payment emanating from claims, lack of prompt delivery of materials by the suppliers, interference with utility lines and extreme weather condition. Lastly, Negotiation is most suitable for dispute arisen from constructability of the design and non-availability of specified materials.

The development and implementation of municipal smoking-control bylaws in British Columbia during the 1990s was characterized by polarity and confrontation. Health sector professionals, members of the hospitality industry, community activists, and municipal politicians disagreed over the need for bylaws, types of establishments that should be regulated, and the degree of restriction. This research used narrative policy analysis to understand the factors that influenced the development of these bylaws in order to delineate a less confrontational process and ensure a more stable resolution. Narratives were collected from representatives of the main policy sectors in four communities throughout British Columbia. Victoria and Vancouver represented urban communities that were updating existing bylaws. Professional staff headed their top-down bylaw processes. In the rural communities of Squamish and Kimberley community volunteers attempted to introduce new bylaws through a bottom-up process. The narratives proved to be a rich source of information that would have been difficult to capture in any other manner. They offer a novel and fruitful means of engaging in policy analysis. The provincial government's tobacco-control strategy served as a backdrop for all policy processes, although it was experienced unequally in the four communities. Urban centres were more aware of provincial tobacco-control initiatives and accessed provincial resources to a greater extent than did Kimberley and Squamish. Each policy sector was led by champions, but the nature of these groups and individuals greatly influenced their success. Those who were credible, persistent, and had access to decision makers were most likely to influence the policy-making process. The antagonism that distinguished the bylaw process was itself a determinant. In all communities, the discord reached a level where it precluded a fair and inclusive process. The bylaw debate was framed and reframed by different sectors. The ability of champions to reach policy makers and frame the debate in a way that was compelling played a significant role in the outcome. Finally, the narratives indicate that each community's “readiness” for policy change is a factor that must be considered. Community readiness was seen to comprise seven main components: (1) each policy sector's belief that a policy is worth adopting and their ability to successfully influence the public and policy makers; (2) the nature of a community—its size, demographics, and social norms; (3) the politicians involved and the ability of champions to understand the political process and reach policy makers; (4) the type of policy under consideration and its relationship to both previous statutes and social norms; (5) the ability of media to reflect sectoral interests and influence public knowledge and attitudes; (6) the temporal context in which the policy change was considered; and (7) a process that fits the needs and resources of the community. / Graduate

No description available.

M.Sc. / The South African Water Act (Act 54 of 1956) was promulgated in 1956. Section 21 of this Act required the permitting of all effluent dischargers, including sewage works. The General and Special Standards were subsequently published in the Government Gazette in 1984 in accordance with this Act, which set effluent discharge quality limits for such discharges. This was the Uniform Effluent Standard approach. However, this approach did not take into account the assimilative capacity of the receiving water, or limitations thereof. This resulted in a decrease in the water quality in the nations' water resources (DEAT 1999). The White Paper on Water Policy in South Africa was published by the Department of Water Affairs and Forestry in 1997. This paper identified this concern and suggested a change in the way water quality was managed in the country. The National Water Act (Act 36 of 1998) was subsequently promulgated in 1998, and provided the tool to effect these changes. This Act adopted the Receiving Water Quality Objectives (RWQO) approach. This approach takes into account the impacts on the receiving water as well as the impacts on other water users. This mini-thesis compared SA legislation regulating the discharge of wastewater, and more specifically sewage effluent, into the environment, by comparing it to first world legislation performing the same function. The effectiveness of the implementation of the SA legislation was also investigated. This study concluded that the promulgation of the National Water Act of 1998 (Act 36 of 1998) brought SA legislation on par with first world trends. This is an advanced piece of legislation, the effects of which are only now beginning to be felt. Much of the changes required by this Act are still being initiated and may take years to fully implement. Most dischargers still have valid permits issued in terms of the Water Act of 1956 (Act 54 of 1956), and these permits must be replaced by licenses issued in terms of the National Water Act of 1998 (Act 36 of 1998). An important conclusion from this study is that the legislation is not prescriptive in terms of specifying discharge license conditions, but instead allows the relevant authority, the Department of Water Affairs and Forestry to adjust the stringency of such licenses to suite the degree of impacts resulting from such discharges. Discharge licenses are therefore very site-specific and tailored to suite the type of discharge and impacts on the receiving water and other water users. In this way the requirements of all water users, including the aquatic ecosystem of the receiving water body, are taken into account, and protected. One suggested improvement to the SA legislation however, is to regulate industrial dischargers to sewer using national legislation. This is currently regulated by the by-laws of the relevant local authority, but is often insufficient to protect the sewage works and ensure the proper functioning of these works, which is largely dependant on the quality of raw sewage intake. Further research is required to determine the impact of industrial dischargers to sewer, and investigate how to regulate such discharges using national legislation. This study additionally assessed the implementation of SA legislation and the effectiveness of control over sewage dischargers. Enforcement of this legislation is not necessarily uniform, since much of the responsibility to enforce discharge permits and licenses lie with various officials within the Department of Water Affairs and Forestry. One way to ensure uniformity would be to require regular auditing by higher levels and management within this Department. Another important aspect of enforcement of these permits and licenses is that all permit and license holders, including Local Authorities, should be treated in the same way.

M.Phil. / Past apartheid policies promoted separate development and inevitably affected the economic and social growth of the majority of the South African population. Furthermore, the massive inequalities in income, unemployment, education, health, housing, roads, water and sanitation and the status created by these policies also affected social cohesion, undermined efficiency and economic growth and contributed to a higher level of social unrest and crime, which in turn undermined democracy and development. Two years into the democratic dispensation, the government felt obliged to constrain the pursuit of its ambitious programme and to adhere to the imperatives of a stabilization programme, which restricted the degree to which government proactively pursued a social reform agenda and developmental strategy. A number of reasons are offered for the fundamental shift in policy from the pre-1994 developmental state-led agenda to the post- 1996 market-based approach to both social and economic policy. Even today, the legacy of apartheid is still visible as it was during the height of the apartheid era, and this is reflected in the mushrooming of informal settlements and the illegal occupation of some land demarcated for other purposes. Even now the concepts of providing social security and the obligation of South African government to provide for social security are still new. The issue of social security has developed rapidly since the latter part of the 20 th century. In most democratic states, the obligation to provide social security is entrenched in their constitutions. Before it was entrenched it was up to the individual and the family to provide adequate protection for their families, but today things have changed. The problem with the current South African social security system is that it does not cover rural and urban poor, non-citizen migrant workers and the informally employed. The informally employed and the urban and rural poor do not enjoy any social security protection, unless they are able to meet the most stringent qualifying conditions for any of the social grants. Non-citizen migrant workers also fall largely outside the social security framework that exists in South Africa. Due to the lack of definition, presently there is no uniform definition of social security and this has resulted in various international definitions being used. On the other hand, in an attempt to address the disparity, the South African White Paper for Social Welfare defines social protection as "policies that ensure adequate economic and social protection during unemployment, ill health, maternity, child rearing, widowhood, disability and old age". Social security is one of the means by which people circumvent destitution: it provides for their basic needs when their income stream has ceased, has been disrupted or has not developed sufficiently. The concept of social security has been defined as the "body of arrangements shaping the solidarity with people facing (the threat of) a lack of earnings (i.e. income from paid labour) or particular costs"'. Moreover, it embraces the sphere of complete protection against human damage, an adequate standard of living and social safety net against destitution through preventative measures. In light of the above challenges, it is important that we should have a comprehensive integrated social security structure. This is so because the traditional approach or the Western-oriented approach is used in South Africa and as a result it does not cover the characteristics of the African context efficiently. This includes, among other things, the formal sector-based orientation of the traditional social security model and the risks to which many Africans are exposed. It is of great importance for South Africa to develop its own definition of social security for historical reasons and the country's unique social and economic characteristics. The general objective of this dissertation is to look at possible amendments to the present system in order to provide for a more comprehensive scope of coverage of the present social security. It is also important for South African purposes, and/or in accordance with latest developments internationally, to adopt a wider social protection approach rather than rely on a more limited social notion. Therefore, this dissertation will develop a global analysis of the position of non-citizen migrants in South Africa social security law and its impact on employment relations and labour law in South African. This will provide the basis for developing a future strategy for extending higher levels of protection to non-migrant workers who are entering the country and to meet international social security obligations by introducing changes to national legislation. This will also include possible scenarios for improving the position of many people in South Africa. The dissertation will also cover the issue of how our courts have dealt with these violations. The other aim of the study is to analyze the position of the rural and urban poor and the informally employed from a comparative and empirical point of view. This will offer indigents the prospect of a future strategy for extended levels of protection by the creation of specific mechanisms and by introducing changes in national legislation. Finally, the lack of a coherent approach in South Africa social security is clearly discernible and needs to be researched properly and rectified. The present system suggests an archaic and rigid distinction between social insurance and social assistance. In light with the above challenges, it is important that we should have a comprehensive integrated social security structure. This is so because the traditional approach, or the Western-oriented approach, is used in South Africa and as a result it does not cover the characteristics of the African context efficiently.