The advancement of medicine around the world is happening at a rapid speed. There is not a day that one does not hear about a disease being cured or a wonder-drug being developed. Medicine has always been a field that treated a sick patient to bring that person back to “normal” function, which could be said to be the state he or she was in before acquiring the disease in question. However, due to scientific breakthroughs humanity is in a position that historically it has never been before. A place where a person can increase their mental and physical performance using pharmaceuticals to a level where genetics and upbringing alone would not have allowed. Pharmaceuticals have been created which can do for the brain what has been done for the body. These drugs provide an avenue in which a person’s cognitive functions can be increased beyond what was otherwise possible. The ethical and legal dilemmas posed by prescribing or allowing people to use nootropics is hotly debated. Greely, a leading figure in the bioethical debate, in connection with nootropics, has stated that the ethical concerns comprise three main aspects: safety, fairness and coercion., It is clear that these three aspects cover a wide ambit. The arguments for and against nootropics will not merely be rehashed but rather placed into the South African context to ascertain how best to provide for the ethical concerns relevant to South Africa. The ethics of nootropic use will be examined through the lens of the Beuchamp Childress model which determines ethical problems using the principles of autonomy, justice, beneficence and non-maleficence. The aim and contribution of this thesis will be to build a legal framework for the use of nootropics in South Africa, to create this one must ascertain what the current legal position is. Law is built from precedent in context of case law and legislation. The current law will be examined to see what can be used, what may need to be discarded and what would need to be added. A layered approach is used to determine what the legal position in South Africa currently is. A layered approach looks at the constitution and proceeds to legislation, case law, and legal articles and books. A major aspect around the use of nootropics will be informed consent and how it relates to the use of nootropics especially with regards to adolescents i.e. under 18 years of age. This thesis follows an MPhil in Medical Law and Ethics which outlined the doctrine of informed consent in South Africa and thus allows for the application of this doctrine to a pressing issue in South African society. / Thesis (PhD)--University of Pretoria, 2019. / Public Law / PhD / Unrestricted

This paper analyzes the socio-legal challenges relating to the return and reintegration of refugees. Using Rwanda as a case-study, it focuses on the conditions or factors necessary for a sustainable return and reintegration and the positive impact of the implementation of Rwanda’s post-conflict socio-legal framework. Also suggests practical solutions to addressing the challenges so as to achieve a durable return and re-integration of Rwandan refugees. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Kwadwo Appiagye-Atua, Faculty of Law, University of Ghana. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Please read the abstract in the dissertation / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The idea of the social contract has in many ways always been primarily concerned with the distribution of freedoms and powers between the State and legal subjects. It has effectively become trite that the State may, through legislation, limit if not extinguish the liberty of individuals. At the same time, there appears to be widespread agreement that the law is at least also relevant to the protection of the individual’s freedom to self-determine their own affairs. One school of thought, libertarianism, elevates the recognition and protection of individual rights, including private property rights, to the main, if not the sole, purpose of law. Another, distinctively South African school that may be referred to as Transformationism, does not, and appears willing if not eager to sacrifice individual freedom on the altar of wide-ranging socio-economic and political change in society. In this study, three broad, multi-faced objectives are pursued, each roughly corresponding to Chapters 2, 3, and 4 respectively. First, the legal-jurisprudential component of libertarianism is extracted from its political-philosophical discourse and described and considered in detail. This includes, primarily, a determination of what libertarianism’s approach to the individual’s place in society entails, how the individual’s inalienable rights were brought about, and how and why the law must protect those rights. Some of the legal implications of this state of affairs are also identified. Second, the emerging ideological basis of new South African law, mostly in the form of legislation and superior court judgments, called “Transformationism”, is considered. Some of the latent undercurrents of this school of thought, including so-called “Critical Legal Studies”, “Critical Race Theory”, and “transformative constitutionalism”, and how certain ideas from these currents have made their way into the law are also discussed. Third, key aspects of Transformationism are selected for a theoretical reply by libertarianism. Those aspects are the Transformationist aversion toward the freedom of the individual (particularly when it comes to private property rights), the emphasis on so-called substantive equality in legal policy, and the subversion of constitutionalism, understood to be a doctrine aimed at limiting the scope and exercise of government power. The study concludes that the best account of law is that it exists chiefly for the recognition and protection of individual liberty, and that third parties, including the State, may not interfere uninvitedly in the affairs of individual persons unless they themselves are interfering in the affairs of others. In other words, the law’s role is fixed and protective, not creative and offensive. South African law (indeed all law), particularly having regard to the contemporary influence of Transformationism, should therefore be developed in favorem libertatis. / Dissertation (LLM)--University of Pretoria, 2020. / Public Law / LLM / Unrestricted

Tesis

Problem: The problem of this study was to: (1) identify those laws, court decisions, legal opinions of the Office of the Attorney General of the State of Utah, the legal opinions and policies of the Office of the State Superintendent of Public Instruction of the State of Utah, trends and extra legal practices of local school boards in the State of Utah with respect to teaching personnel, (2) organize such data into topical categories in terms of subject matter , and (3) develop some suggested guidelines and recommendations for local school board policies and legislative enactments in the State of Utah. Summary: A portion of the summary was as follow s: (l) The Office of the State Board of Education in Utah has the sole power to issue teaching certificates and may revoke them for immoral or unprofessional conduct. (2) Local school boards may require additional qualifications of certificated teachers such as areas of training, experience, and health. (3) Written contracts may be entered into with teachers for terms not to exceed five years, providing that they may be terminated for cause at any time. (4) It is not unlawful to employ a certificated teacher who is closely related to a school board member. (S) Utah has no teacher tenure laws, but local school boards may provide for tenure, continuing contracts, and orderly dismissal procedures for teachers through district policy. (6) Local school boards are financially liable for the full term of a teacher' s salary. (7) Local school boards may either insure in the state insurance fund or pay compensation directly to a teacher injured on the job. (8) Immunity from legal suit of local school boards has been waived for certain of their own acts and negligent acts of teachers when performing in their official capacity. (9) Local school boards may insure teachers against individual liability if they are judged negligent in the performance of their duties. Major recommendations: The Utah Legislature should: (1) delete outdated and obsolete statutes pertaining to teaching personnel from the Utah Code Annotated, (2) pass a Professional Negotiation and Tenure Law for teachers, and (3) make it mandatory that local school boards purchase liability insurance for the protection of teachers. The Utah State Board of Education should: (l) withhold State Uniform School Funds from local school boards who continue to employ non-authorized, non -certificated teachers, (2) require a financial penalty of teachers who break their contracts illegally with local school boards, and (3) prohibit local school board members from originally appointing their close relatives as teachers. The Utah School Boards Association should increase its leader ship role with local school boards in such areas as legislation, negotiations, general school operation, and inservice training for newly elected school board members. Additional areas of study suggested by this research were: (1) District court cases in Utah with respect to teaching personnel which have not been taken to the Appellate Courts, (2) Updating of the Utah Code Annotated in all respects in those statutes involving schools, and (3) Reasons why some local school boards in Utah operate extra legally.

This paper explores and delineates the legal environment for the practice of landscape architecture in Utah. The national, state, and local (city and county), codes that apply to landscape architecture and the related professions of architecture, engineering, and land surveying are documented, as is pertinent case law. Figures allow comparisons to be made between the various government levels to demonstrate contradictions and congruencies, as well as the clarity of the ordinances. Major findings include significant differences among the city and county regulations of landscape architecture and the related professions, and weaknesses in the state law for landscape architecture. Major recommendations include the pursuit of a practice law, and other methods of clarifying and increasing the authority of landscape architects in the state.

Questions of jurisdiction over Indian lands between tribal and state governments constitute some of the most vexing problems in federal Indian law. The Ute jurisdiction case captures, in one instance, the complexities that surround this important body of law. Many cases concerning Native American jurisdiction rights center on disputed interpretations of antiquated federal laws. In the Ute case, both the State of Utah and the Ute Indian tribe contested the meaning of a series of congressional acts that opened Ute lands to white settlement at the turn of the century. The protracted litigation that marked the Ute case revealed many of the inconsistencies and contradictions that plague the federal courts in their attempts to resolve jurisdiction controversies. This thesis examines the particulars of the Ute ii lawsuit and, using it as a vehicle, investigates the limits of the law in deciding Indian/white jurisdiction disputes.

As more students cross the threshold of higher education in Mississippi community and junior colleges, an increase in legal disputes inevitably will occur. Two important skills can help college administrators anticipate legal issues that may occur on their own campuses. The first is the ability of administrators to scan the broad legal environment. The second is their growing awareness of legal issues in all aspects of their own enterprise. In order to prevent causes of action from being initiated in a complaint, proceeding to discovery, and then possibly leading to trial, college administrators must recognize the importance of knowing what the law is and how to spot a potential legal issue before it grows and becomes more problematic. This study utilized a survey instrument to ascertain the levels of legal knowledge, including constitutional legal issues and federal statutory legal matters, held by full-time administrators at Mississippi’s public two-year colleges. The study examined whether there were significant differences in knowledge based on personal characteristics of the administrators, such as educational attainment and years of higher education experience. Additional differences based on whether the administrators had or had not received legal training were measured. The results of this research suggest that community and junior college administrators do not demonstrate a high degree of knowledge of higher education law.

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