The purposes of the study were to determine the scope and background of student due process policies and procedures utilized within Indiana school corporations, and to analyze the content of due process policies and procedures utilized within Indiana school corporations in comparison with standards recommended by legal and educational authorities.An Initial Survey form was mailed to the superintendent of each school corporation in Indiana. Superintendents reporting written, school board adopted policies and procedures for student due process were requested to send a copy for the content analysis portion of the study.A Background Survey instrument was mailed to each superintendent providing a copy of due process policies and procedures. Information was sought relative to the formulation, implementation, and utilization of student due process policies and procedures.Recommended standards and guidelines for procedural due process for students, from both legal and educational sources, were reviewed. The standards and guidelines were organized into a recording instrument to help facilitate a content analysis of the policies and procedures.Major findings of the study were:1. Superintendents from 43 of 280 Indiana school corporations reported written, school board adopted policies and procedures outlining student due process in effect as of December 1, 1971.2.The total number of school corporations with written, school board adopted due process policies and procedures has increased annually since 1969.3, The persons most directly affected by discipline and due process--students, teachers, and parents--were not involved in the formulation of policies and procedures.4. Approximately 71 per cent of the students involved in due process hearings were reported to have been suspended or expelled. Approximately 29 per cent of the students involved were reported to have been reinstated.5. The building principal was most often specified as the hearing officer. The school board was most often specified as the hearing board.6. In most instances, the student and parents received the required information in the notice of the charges; however, most notices lacked an explanation of the procedural mechanics of the hearing.7. The amount of time allowed the student to prepare a defense was arbitrary or not specified in most policies.8. As a group, the due process policies were most often lacking ini (a) including a provision for students and/or parents to give a written waiver of formal hearing procedures; (b) including a provision guaranteeing the student prior inspection of documents and evidence; and (c) Including a provision guaranteeing student protection against self-incrimination.9. The type of hearing record most often reported consisted of fill-in forms or written narrative summaries.10. Appeals were most often directed to the superintendent.Major recommendations of the study were:1. Students, parents, and teachers be involved in the formulation of due process policies and procedures.2. Humanistic aspects of the student-institutional relationship be emphasized in teacher education and school administration courses.3. In-service education relative to student due process be provided for both professional and non-professional personnel in school districts. 4. After September 1, 1972, when the Indiana student conduct and due process law becomes effective, a follow-up study be conducted to determine what changes have occurred in the scope, background, and content of student due process policies and procedures.

The importance of the role of civil servants in the process of state governance is determined by their special status as mediators between politicians and society. In organizing implementation of the political decisions, the competence, responsibility, professionalism of civil servants is of great significance. Seeking to create strong and professional civil service it is very important to adopt necessary legal acts and to determine clearly the legal status of officials, their duties, rights and responsibilities. Lithuanian state, which declared its independence in 1918, had to deal with this important task. The aim of this graduation paper is to define the legal status of civil servants in Lithuania in years 1918 – 1940, to describe its development and peculiarities. The content of legal acts of Republic of Lithuania is analyzed. The general problems of the creation of Lithuanian legal system, which are related with the civil service, are presented. The formation of legal base of civil service is described. The various aspects of the legal status of civil servant are defined, including admission, hierarchical system and categories, duties, wage, development of skills, pensions, allowances, vacations, responsibility and dismissal. The proposed reforms seeking to modernize and rationalize the Lithuanian civil service are presented and discussed.

This thesis aims to contribute to current discussions on citizenship and transnationalism by analyzing the circumstances of Paraguayan, Bolivian and Peruvian immigrants in Argentina. More precisely, I examine the impact that state-promoted criminalizing discourses had on the lives of these immigrants in La Plata city in the late 1990s. On the one hand, their access to public services and resources was importantly constrained, submerging many into increasingly pauperized conditions. On the other hand, new distinctions were created within these nationally defined groups as a result of discursive and residential strategies deployed by many of these immigrants.

Over the past 30 years the transportation of goods has developed beyond recognition. The transportation infrastructure is sophisticated and relatively efficient and it is not unusual for goods to be shipped by more than one mode of transportation. Unfortunately, private law has not kept pace with these infrastructure changes. Therefore, a different liability regime applies to every unimodal type of transportation. Though, each unimodal regime is usually based on similar principles they are sufficiently different, from each other, to create a great deal of uncertainty when trying to assess the liability of the participants, in the transportation venture. Such uncertainly is highlighted, for example, when the exact time of the loss or damage cannot be ascertained---which liability regime is applicable? / An individual who engages a forwarder will not be particularly concerned with the above and generally assumes that by dealing with a forwarder, the forwarder will be liable for any loss or delay. Unfortunately, this is not always the case and depending on the terms upon which the forwarder contracts i.e. as agent, principal, carrier etc., and the application of any mandatory liability regime the forwarder may limit or escape liability altogether. Thereby leaving the customer without an effective remedy. / In this thesis we have examined the common law evolution of the freight forwarder from their traditional role as agents to their modern sophisticated role, as a "one stop shop," which more closely resembles that of principal. With particular emphasis on how forwarders' have coped with the advent of multimodal transportation and its legal uncertainty.

Through the evolution of international human rights law and policy, gender has become a prohibited ground for persecution. However the international definition of a refugee contained in the Convention Relating to the Status of Refugees does not explicitly include gender as an enumerated ground on which persecution can be feared. This omission has required women who fear gender-based persecution to use the Convention's "membership in a particular social group" provision. Traditionally, judicial interpretation of criteria establishing a "particular social group" was not consistent in cases alleging gender-based persecution. In 1993, Canada developed guidelines that attempt to establish a coherent and consistent application of the "particular social group" category. This represents a state policy initiative to recognize the international evolution of policy on gender as a basis for persecution. Although the guidelines challenge theories of state sovereignty in the design and execution of domestic policy, they demonstrate that a coherent and consistent framework for granting asylum status to women who fear gender-based persecution can be developed in such policy.

This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Armenian millet's legal structures were perhaps exaggerated or misunderstood by previous scholars. The second is that Islamic law was not as unfavourable to dhimmis as presumed and that the shari'a courts were adequate for their needs. Finally, the way the courts applied Islamic law was sometimes advantageous to certain dhimmis.

<p>This paper sought to discuss the questions whether refugees have the right to return to their country of origin and whether their participation in the political life of that country may be used as a means to realise their right to return.</p>

<p>Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not only recognises the fact that like all other members of society, children are capable of being bearers of human rights but emphasises also the special position of children in society by granting them specific rights in the Constitution. Health rights are particularly important for children as the entitlements and obligations created by such rights are necessary for children to realise their full potential. In this thesis the entitlements and obligations attached to children'shealth service rights in the COnstitution are explored.</p>

Bibliography: leaves 309-330. / x, 330 leaves : map ; 30 cm. / Title page, contents and abstract only. The complete thesis in print form is available from the University Library. / Thesis (Ph.D.)--University of Adelaide, Dept. of Politics, 1996

synopsis This dissertation examines the erosion of minority rights in Malaysia through the implementation of special measures in favour of the majority Malays. This dissertation will consider the appropriateness, effectiveness and legitimacy of these special measures under cunent international law standards. This involves a comparison of Malaysia's constitutional, legislative and statutory provisions with international principles of customary and treaty law, and applicable regional declarations. This dissertation will conclude by recommending appropriate policy and legislative reform, if such measures are found to be appropriate in the circumstances. Preamble Malaysia achieved independence fiom Britain on 31 August 1957. The Merdeka Independence Proclamation declared that the nation was to be 'founded upon the principle of liberty and justice and ever seeking the welfare and happiness of its people'. Insightful words for a nation built upon by racial, cultural and religious separatism, as the term 'its people' was presumably meant to encompass both the majority Malays as well as all ethnic minorities.' Unfortunately, the sentiment expressed in the Merdeka proclamation was marred by ethnic polarisation and its resultant ethnocentric legal and political system. The reasons for this will be explored in chapter one, which considers Malaysia's historical and cultural development and the eventual mass pluralisation of Malaysia without a unifying national identity. An understanding of the formation of Malaysia's cultural hegemony, and its subsequent ethnic polarisation, is required to appreciate the current status of Malaysia's ethnic minorities. Part A will consider in detail the preferential policies in favour of Malays introduced by the government following the 1969 race riots and the resulting effect this had on the economic, social and cultural rights of non-Malays. The introduction of these policies also led to the implementation of race based quota systems in the education, employment and business sectors. Correspondingly, the socio-economic position of non-Malay minorities have been affected. The legal implications of these policies are discussed in the proceeding chapters and the reasonableness of these policies will be measured against international law standards. To undertake this assessment, Part B discusses the role of international law and examines its implications to Malaysia. It should be noted fiom the outset that although Malaysia is a member State of the United Nations, it has elected not to ratify significant human rights treaties. Given this, chapter two considers the role of customary law as a part of international law and its implications to the observance of fundamental human rights. This chapter aims to establish that Malaysia as a member of the United Nations, and by virtue of customary law, is bound to recognise fundamental human rights. As this dissertation discusses Malaysia's observance of minority rights at international law, part C examines the availability of fundamental human rights to Malaysia's minorities. Part C reconciles Malaysia's pro-Malay preferential policies with minority rights and considers whether minority rights in Malaysia have been eroded through such policies pursuant to international law standards. Chapter four determines whether the language rights of Malaysia's non-bahasa speakers, who also constitute the ethnic minorities, are recognised and protected by Malaysia's national language policy. This chapter also assesses the impact of Malaysia's national language policy and planning on the education and employment rights of non-Malays given the introduction of language based quota systems in both sectors. Chapter five examines the role of Islam in Malaysia and considers the extent of religious freedom available to non-Muslims in Malaysia Chapter six deals with Malaysia's restrictive laws and how these laws were relied on to revise and modify Malaysia's legal system and policies to benefit Malays whilst simultaneously impacting on the civil, political, economic, social and cultural rights of non-Malay minorities. Chapter six also considers the potential risks associated with the government's continued reliance on these restrictive laws to 'control' interethnic tensions. On the assumption that Malaysia has breached relevant international law standards in some instances, part D recommends possible methods of legislative and policy reform which may be adopted by the government to remedy these breaches. Part D is the concluding chapter of this dissertation. In concluding, this dissertation examines the impact of ethnic divisions on social and political policies in Malaysia and considers the extent of government intervention in the economy based on race which has ultimately impacted on the protection and implementation of minority rights in Malaysia. It is the writer's opinion that the source of ethnic conflict lies within the introduction of legal doctrines which are purposellly detrimental to the rights of minorities. Accordingly, the concluding chapter recommends reforms to Malaysia's legal system and policies to rninirnise the risk of an eruption of inter-ethnic tensions. The aim of this dissertation is to demonstrate that Malaysia's politicisation of competing ethnic interests has resulted in the maintenance of preferential policies detrimental to minority rights and contrary to international law.