In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ???native title??? had survived the acquisition of sovereignty over the Australian continent and is ???recognised??? by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ???recognition???. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis is the nature of that relationship and of the legal interest of native title. It is contended that this relationship can be understood and ordered as a matter of jurisdiction. This thesis seeks to recuperate a substantive concept of jurisdiction, and specifically of a particular jurisdiction, that of the common law, and to demonstrate how the interest of native title results from the jurisdictional relationship between common law and indigenous law. Part I is a genealogy of native title, drawn out through a history of ideas about common law jurisdiction. It is an account of the legal practice of jurisdiction, through a conceptual elaboration of a particular jurisdiction: the common law. This part traces the history of the common law from its origins in a pluralistic, fragmented, jurisdictional landscape, to its current position as the ???law of the land???. It considers the traditional mechanisms and techniques through which the common law has ordered its relationships with other jurisdictions, and how it has appropriated matters traditionally within the purview of other jurisdictions, accommodating them within the common law as ???custom???. The thesis demonstrates that the same gestures and practices can be seen in modern native title decisions, and contends that the ordering which underpins both native title, and the Australian legal system, is jurisdictional. Part II examines the practice of jurisdiction through an examination of three technologies of jurisdiction, all of which contributed to the construction of the legal entity of native title as an act of jurisdiction: mapping, accommodation and categorisation.

ABSTRACT SCHOOL SIZE, SCHOOL POVERTY AND SCHOOL-LEVEL MOBILITY: INTERACTIVE THREATS TO SCHOOL OUTCOMES by Sharon M. Thompson School-level mobility is the flow of students moving in and out of schools and has been defined as the rate of student entries and withdrawals per 100 students enrolled in a school during the year (Pike & Weisbender, 1988). Stakeholders report that school mobility disrupts the delivery, pace and effectiveness of classroom instruction, causes problems associated with classroom adjustment, and renders long-term negative effects on schools’ Adequate Yearly Progress rankings (Bruno & Isken, 1996; GAO, 2007; Kerbow, 1996; Lash & Kirkpatrick, 1990; Rhodes, 2005; Sanderson, 2003). Despite these findings very few studies have been conducted to determine the effects of mobility (particularly at the school level) and how it combines with other school-level factors such as school size and school poverty to create threats to positive school outcomes. Of the few relevant studies (e.g., Bourque, 2009; Rhodes, 2007), little attention has been given to understanding mobility’s relationships to achievement in the context of size of student enrollment, degree of poverty and longitudinal examination of achievement across multiple years. To address these gaps in the research literature, this study investigated the effects of school-level mobility on middle school reading achievement after controlling for the effects of school enrollment and poverty. Findings from regression analyses indicated significant relationships between school-level mobility and reading achievement over and beyond the relationships between school size or school-level poverty with achievement. A repeated measures procedure was used to analyze long-term effects on eighth grade reading achievement for Title I middle schools that focused on three, key variables: degree of school mobility (e.g., high versus low rate), size of student enrollment (e.g. big versus small school), test administration year(s) (e.g., 2006, 2007 and 2008) and interactions between these variables. There were significant main effects for school size, school-level mobility as well as for the year of test administration. Reading test scores rose significantly from one year to the next, big schools out-performed small schools , and highly mobile schools performed significantly lower than low mobile schools in reading achievement over a three-year period. No significant interaction effects were found. Results are discussed in terms of research and policy implications.

This study examines the coverage of women's athletics at USF provided through photographic representations on the university's Athletics Internet home web page during the 2009-2010 academic year. Findings revealed that, consistent with recent research on coverage of female athletes and women's athletics on university web pages, women, compared to men, were underrepresented in the majority of the five areas of the home page analyzed. Studies such as this can be beneficial because, if gender coverage inequities are brought to the attention of university administrators and Athletics personnel, actions could be take to reduce the inequities, thereby setting the tone for how we see and think about female athletes.

This thesis is concerned with two central questions. The first is theoretical and asks, "Can a direct appeal be made to the foundational principles of liberalism to support collective rights?" The second question is practical and asks: "Would such a defense serve the interests of contemporary Canadian Aboriginal claims to special constitutionally recognized collective rights known as the Aboriginal Right?" I utilize Will Kymlicka's defense of minority rights as the theoretical framework in assessing this first question and in assessing the latter, I refer to various reported Aboriginal conceptions of the so-called Aboriginal Right which have been formalized by Aboriginal people themselves through constitutional addresses, Royal Commission hearings, discussion papers and legal claims. Part I of the thesis involves an enquiry into the nature of the revisions that Kymlicka proposes to make to liberal theory, and asks whether, in making such changes, he is able to retain identification with the so-called "modern" liberals, with whom Kymlicka identifies himself, and consistently defend the kind of group minority rights of the sort actually being claimed in Canadian society today. I conclude that Kymlicka argument fails in two respects: it fails to do the work required of it by modern liberals and it ultimately fails to do the work required by the standards of Kymlicka own theory. In Part II, I argue that even if it were theoretically possible to protect the good of culture in the way that Kymlicka hopes, such a defense of collective rights fails in the most important respect: that is, it cannot do the work required of it by the Aboriginal people for whom it was designed.

Within the past three years, men's track and field teams were being eliminated in the Mid-American Conference (MAC). Gender equity legislation, namely Title IX, was being blamed for those cuts. By probing the beliefs and opinions of coaches and administrators, a more accurate representation of gender equity could be drawn. The focus of this study was to gain a greater understanding of how gender equity is perceived by Mid-American Conference (MAC) athletic administrators and coaches.Q-methodology was chosen as the most relevant method to achieve the desired outcome. This method would take the subjective opinions and beliefs of the subjects and transform them into numbers that could be analyzed. The resulting information would create factors, or groups,which would help draw some conclusions on the true impact of gender equity legislation in the MAC.The subjects of this study provided two distinct factors labeled: "Title IX Defenders" and "Title IX Amenders." Title IX Defenders felt adamant that Title IX should not be altered. They primarily wanted to protect the integrity of the legislation. Title IX Amenders felt that Title IX should be altered to prevent further damage to men's non-revenue athletes, while continuing to protect female athletes. / Department of Journalism

In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ???native title??? had survived the acquisition of sovereignty over the Australian continent and is ???recognised??? by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ???recognition???. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis is the nature of that relationship and of the legal interest of native title. It is contended that this relationship can be understood and ordered as a matter of jurisdiction. This thesis seeks to recuperate a substantive concept of jurisdiction, and specifically of a particular jurisdiction, that of the common law, and to demonstrate how the interest of native title results from the jurisdictional relationship between common law and indigenous law. Part I is a genealogy of native title, drawn out through a history of ideas about common law jurisdiction. It is an account of the legal practice of jurisdiction, through a conceptual elaboration of a particular jurisdiction: the common law. This part traces the history of the common law from its origins in a pluralistic, fragmented, jurisdictional landscape, to its current position as the ???law of the land???. It considers the traditional mechanisms and techniques through which the common law has ordered its relationships with other jurisdictions, and how it has appropriated matters traditionally within the purview of other jurisdictions, accommodating them within the common law as ???custom???. The thesis demonstrates that the same gestures and practices can be seen in modern native title decisions, and contends that the ordering which underpins both native title, and the Australian legal system, is jurisdictional. Part II examines the practice of jurisdiction through an examination of three technologies of jurisdiction, all of which contributed to the construction of the legal entity of native title as an act of jurisdiction: mapping, accommodation and categorisation.

Name: The acquisition of ownership My dissertation deals with the area of the acquisition of ownership, more precisely acquisition of title. I chose this topic after consulting my supervisor at the beginning of my course in 2010. During the course of my studies, however, a new Civil Code (Act no. 89/2012 Coll.) was adopted and came into effect in January 2014. This therefore presented an opportunity to compare the existing regulations contained in Act no. 40/1964 Coll. (now designated as the old Civil Code) with the new regulation, as well as with other regulations such as Act no. 141/1950 Coll. (designated as the middle Civil Code), the government draft of the Civil Code dating from 1937 which was never adopted due to the developments in the political situation and the General Civil Code which was adopted from the Austrian law known as the ABGB (Allgemeines bürgerliches Gesetzbuch ). Some institutions of original acquisition have also been compared with the German BGB (Bürgerliches Gesetzbuch) or the new Russian Civil Code. The dissertation initially deals with the area of the acquisition of title in general, i.e. the terms possessory title and ownership and their associated institutions, such as limitations to possessory title, the area of possession and the terms main thing, component part of a thing and...

Scholars have often seen the interpretation of the Son of Man as crucial in discovering Jesus’ self-understanding, given that the expression occurs so frequently and almost exclusively on Jesus’ lips. After ascertaining the authenticity of the Son of Man sayings, I carry out the exegesis in the Gospel of Mark using a methodology consisting of examining Biblical passages within the context of the Bible as a whole and of historical-critical and philological perspectives. Also, the narrative context of the saying is taken into account. I show that the Son of Man is a Messianic title derived from Daniel 7:13, and that the book of Daniel’s content and themes were used as a basis for the Son of Man sayings themselves. In addition to using the Son of Man as a Messianic title, Jesus used the title as a claim for divinity.

abstract: Nearly seven decades ago, the US government established grants to the states for family planning and acknowledged the importance of enabling all women to plan and space their pregnancies, regardless of personal income. Since then, publicly-funded family planning services have empowered millions of women, men, and adolescents to achieve their childbearing goals. Despite the recognized importance of subsidized family planning, services remain funded in a piecemeal fashion. Since the 1940s there have been numerous federal funding sources for family planning, including the Title V Maternal and Child Health Services Program, Office of Economic Opportunity grants, Title XX Social Services Program, Title X Family Planning Program, Medicaid, and the State Children’s Health Insurance Program, alongside state and local support. Spending guidelines allow states varying degrees of flexibility regarding allocation, to best serve the local population. With nearly two billion dollars spent annually on subsidized family planning, criticism often arises surrounding effective local program spending and state politics influencing grant allocation. Political tension regarding the amount of control states should have in managing federal funding is exacerbated in the context of family planning, which has become increasingly controversial among social conservatives in the twenty-first century. This thesis examines how Arizona’s political, geographic, cultural, and ethnic landscape shaped the state management of federal family planning funding since the early twentieth century. Using an extensive literature review, archival research, and oral history interviews, this thesis demonstrates the unique way Arizona state agencies and nonprofits collaborated to maximize the use of federal family planning grants, effectively reaching the most residents possible. That partnership allowed Arizona providers to reduce geographic barriers to family planning in a rural, frontier state. The social and political history surrounding the use of federal family planning funds in Arizona demonstrates the important role states have in efficient, effective, and equitable state implementation of national resources in successfully reaching local populations. The contextualization of government funding of family planning provides insight into recent attempts to defund abortion providers like Planned Parenthood, cut the Title X Family Planning Program, and restructure Medicaid in the twenty-first century. / Dissertation/Thesis / Masters Thesis Biology 2018

abstract: Through the disciplines of art education, anthropology and psychology the researcher examined research-based traits and characteristics of the creative process among a second year Title 1 urban high school art class. Within the theoretical framework of social justice, this micro-ethnographic study explored exactly what teaching and learning to be creative implies and proposes a potential resolution for art teachers learning how to enhance teaching children how to think creatively. The research proposition is that student creativity occurs as a function of a series of interrelated factors including a nurturing classroom context, strong teacher-student dialogue, strategic questioning, purposeful incorporation of visual culture, and manipulation of content in favor of student interests within the culturally situated context of the art classroom. Navigating teacher-student relationships at moments of creative origination produced results indicating that the art teacher alone is the single most influential factor for enhancing creative outcomes in a classroom. Through incorporation of a variety of collaborative activities and comparative analysis of dissimilar content-driven projects generated evidence that artistic skills and creativity do not necessarily go hand-in-hand. The study finds that the artworks produced evidence based nuances of the creative traits of originality, fluency, flexibility, and elaboration in which profoundly varied in character depending on the content and the context. The study concludes that creativity cannot be strictly taught or learned, but rather that it can be enhanced through teacher nurturing and manipulation of content to encompass a socially intelligent uptake in the culture of art-making. Broader implications are suggested focusing on the significance of creative education and the impact it can have for educational systems, schools and undergraduate programs in art education. The researcher proposes an art education curriculum model that fosters both creative thinking and the unique learning needs of Title 1 urban students. The curriculum suggests the art teacher begin initial instruction by teaching students about the traits, characteristics and obstructions of creativity prior to teaching artistic skills sets to serve as a foundation of creative awareness from the start. / Dissertation/Thesis / Ph.D. Curriculum and Instruction 2014