No description available.

No description available.

The intensification of Canadian amerindian self-determination movements, combined with the recent publication of a series of government reports detailing the mistreatment of amerindians in the Canadian criminal legal system, has placed the creation of separate, amerindian criminal legal systems at the centre of many self-determination campaigns. As alternatives to involvement in the Canadian legal system, many of these proposed alternative structures purport to embody a return to traditional modes of dispute resolution which are offered as both rationale and blueprint for their modern counterparts. Focusing upon proposals for a separate, traditional legal system offered by two groups within the Kahnawake Mohawk Nation of Quebec, the dissertation juxtaposes these proposals with the traditions of dispute resolution extant in the period of initial contact between Iroquois and European. The early traditional lifestyle of the Kahnawake Mohawks is examined, as is the chronicle of contact and acculturation which eroded their original traditional structures. Replete with gaps, the documented history and "legal traditions" of these Mohawks are revealed to differ significantly from those histories postulated by the competing factions, each of which adopts a history which reinforces both its own position on "legal traditions" and in the proposed "post-internal colonial" context. To the degree that these histories and the "traditions" they legitimate and empower are consciously manufactured, their legitmacy in the eyes of Kahnawake people and the Canadian state is diminished. Concentrating upon what appears to be a consciously manufactured, rather than genuine, link between the "old" and "new" traditions, the proposed traditional legal systems are examined through Hobsbawm's theory of the invention of tradition. This examination leads to the conclusion that, while these "traditional systems" and their supporting histories do contain some invented elements and may thus be criticised as invented rather than genuine, such invention need not constitute a fatal compromise to the integrity of the modern traditional legal form nor to the self-determination aspirations of their proponents.

No description available.

The purpose of the study was to conduct an analysis of due process held by selected Indiana secondary school principals. Specifically, the study was to provide an overview of the following:1. The current status of secondary school principals in regard to due process.2. The desired status of secondary school principals in regard to due process.3. The procedures necessary for secondary school principals to obtain due process.Data for the study were obtained through a survey questionnaire which was developed and mailed to 100 randomly selected Indiana secondary school principals. Information for the questionnaire was obtained through the study of instruments reared by professional associations, a review of literature, and known concerns of a select panel of secondary school principals. The information was then embodied into the 31 item questionnaire. Ninety-two useable questionnaires were received and used in the study.Major findings of the study were:1. Forty-three principals were contracted for one year while sixteen principals held three year contracts.2. Thirty-four principals reported that notification or renewal or non-renewal of contracts was received on or before April 30th.3. Fifty-five principals indicated they did not administer under a written job description.4. While 25 principals indicated a written evaluation of their job was received, 57 principals indicated the evaluation of performance was verbal or non-existent.5. Thirteen of the principals indicated the non-renewal of a contract had been experienced and twelve of the thirteen indicated a school board hearing was not granted, an opportunity to defend decision was not given, nor were written reasons for the non-renewal of the contract received by the principal.Major conclusions of the study were: Current Due Process1. The Indiana secondary school principal lacks statutory recognition that provides for early notice of the renewal or non-renewal of contract.2. The majority of the principals lack a written job description and two thirds were not involved in the development of the job description.3. The majority of the principals are not involved in the development of the evaluation instrument.4. The principals usually are not given a hearing nor an opportunity to defend administrative decisions when faced with non-renewal of the contract.5. Principals are usually dismissed without receiving the reasons in writing.Desired Due Process1. Indiana secondary school principals solidly indicated that the most important requirement for due process is sound personnel procedures to channel complaints and the right to provide a fair response.2. Indiana secondary school principals want the right of early notification when faced with the non-renewal of the contract.3. The principals want the opportunity to a fair and impartial hearing before the school board prior to receiving a dismissal notice.4. Principals want the right to be furnished with written, documented charges when faced with dismissal.The following recommendations are based upon the evidence established by research findings and conclusions in this study:The Indiana secondary school principal:1. Should belong to the Indiana Association of Junior and Senior High School Principals for professional support in the position.2. Should initiate and support strong legislation which will aid in establishing the entity of the principal and provide a legal basis for clearly marking out the bounds of principal rights and responsibilities and asserting his authority.3. Should be involved in developing a written job description of performance objectives and criteria which will provide a more objective and less subjective review of the work of the principal.4. Should be given a yearly evaluation in writing based upon a professional evaluation instrument.5. Should be given early notice based on Indiana principal law when faced with the non-renewal of a contract.6. Should be given the opportunity for a fair and impartial hearing before the school board to defend administrative decisions when faced with the non-renewal of a contract.7. Should be given written, documented reasons, non-arbitrary and non-capricious, when faced with the non-renewal of a contract.8. Should be given a multiple year contract, renewal each year, to provide stability and security in the principalship.

This thesis has explored the professional responsibilities of the certified public accountant in rendering opinions on financial statements. Of major concern were the effects of third party litigation upon the accountant's audit responsibility. An analysis of third party litigation revealed the Ultramares precedent and its significance upon the development of changes in the accounting profession. British precedents were paralleled with their counterparts in the United States in order to illustrate the similarities in judicial rulings.In addition to the economic and legal ramifications involved, the implications of "generally accepted accounting principles" were also reviewed. Specific cases were selected on the basis of their relevance to third party litigation. Other sources included both primary and secondary information. Direct correspondence was made with the members of the so-called "Big 8" CPA firms for the purpose of obtaining their respective attitudes toward specific policies which were alluded to in this study.

The purpose of the study was to assess the general knowledge of Indiana school law possessed by Indiana public secondary school teachers. The population consisted of three hundred and thirty randomly selected Indiana public secondary school teachers.A researcher developed assessment instrument comprised of thirty items from Indiana school law in the areas of teacher tenure, pupil control, and tort liability was utilized. One statistical hypothesis and six statistical subhypotheses were analyzed with a Z test. The five percent level of significance was established as the probability level for non-acceptance of the hypothesis and subhypotheses.Conclusions1. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of pupil control, and tort liability is likely between seven and fifteen.2. There is no significant difference in the level of knowledge of Indiana school law possessed by Indiana public Indiana school law in the combined areas of teacher tenure, secondary school teachers when grouped according to years of teaching experience, location of their teacher education training, and inclusion of instructional units on school law in their teacher education training.3. The percentage of Indiana public secondary teachers who possess a fair or better level of knowledge of Indiana school law in the area of teacher tenure is likely between four and twelve.4. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of pupil control is likely between twenty-two and thirty-four.5. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of tort liability is likely between seventeen and twenty-seven.

This social work research study explores whether members of the legal profession are aware of the unique characteristics of a child witness that one must take cognisance of when interviewing them. This is explored by means of a questionnaire to determine if and what training needs exist with members of the legal sector with regards to the child witness. The following themes were identified from the questionnaire where members of the legal profession require further training on: child development, children's language development, children's normal sexual development, process of disclosure in sexual abuse, interviewing skills, rapport building skills, minimum age for testifying, factors determining credibility of the child witness, children's statements and report of events, truth vs. lie testing and interview protocols. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2009.

The prime focus of this dissertation consists in exploring constitutional jurisprudence in the Supreme Court of Venezuela over the last five decades, making use of arguments drawn from Venezuelan history and the existing jurisprudential approaches to theories about the general character of law as integrated in numerous public law cases. This study offers a new approach, one that focuses on ensuring that fundamental constitutional principles are aligned with the concrete objectives (purposes) that the Constitution sets out to achieve. This account is developed through a theoretical framework comprising of: I. A historical overview from independence (1811) to democratization (1947 and beyond), emphasizing the fundamentals of the Constitutions of 1961 and 1999, to portray a vivid and accurate picture of the origins of Venezuela’s constitutional democracy; II. A survey, of constitutional cases that illustrates the evolution of the Venezuelan constitutional jurisprudence under the overt or subliminal use of certain default legal theories, namely, legal positivism in the era of the 1961 Constitution, legal realism and Ronald Dworkin’s adjudication theory in the era of the 1999 Constitution III. An insightful discussion of the main arguments of Ronald Dworkin’s principled theory and Justice Aharon Barak’s purposive theory, in an effort to build theorectical support, which links the various points of their respective theories in order to articulate one in the context of the Venezuelan jurisprudence; IV An original attempt to build a theoretical approach based on the Venezuelan constitutional system, history, culture, and identity to bring together the priorities of formalism, particularly the written principles of the Constitution and the priorities of functionalism and social welfare. This is to ensure that the Supreme Court decides accordingly with the constitutional principles as much as their underlying purposes to provide solutions to legal conundrums.

This social work research study explores whether members of the legal profession are aware of the unique characteristics of a child witness that one must take cognisance of when interviewing them. This is explored by means of a questionnaire to determine if and what training needs exist with members of the legal sector with regards to the child witness. The following themes were identified from the questionnaire where members of the legal profession require further training on: child development, children's language development, children's normal sexual development, process of disclosure in sexual abuse, interviewing skills, rapport building skills, minimum age for testifying, factors determining credibility of the child witness, children's statements and report of events, truth vs. lie testing and interview protocols. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2009.