The existing rights paradigm in Aboriginal law accepts Crown sovereignty claims grounded in ethnocentric conceptions of terra nullius and discovery, and views Aboriginal rights as arising out of prior occupation. The Supreme Court of Canada has shaken this paradigm by characterizing Crown sovereignty as merely de facto until reconciled with Aboriginal sovereignty and legitimated by a treaty, by developing the duty to consult, and by characterizing reconciliation as a process that is part of a generative constitutional order. The moves the Court toward a new paradigm rooted in the principle of the equality of peoples in which treaties provide a framework for sharing sovereignty. As part of the Canadian federation, Aboriginal sovereignty can strengthen Canadas territorial integrity and contribute to Canadas economic development.<p> In the past, courts allowed the act of state doctrine to shield Crown assertions of sovereignty from scrutiny. This doctrine protects Canadas territorial integrity, but does not shield the Crowns actions from legal and constitutional scrutiny. The fundamental constitutional principle of rule of law and the de facto doctrine will protect interests that relied on assumptions of Crown sovereignty that lacked constitutional legitimacy.<p> The transformation in the fundamental principles of Aboriginal law has parallels to Thomas Kuhns description of a paradigm shift in the natural sciences. The rights paradigm is in a crisis with moral and practical dimensions. It is incommensurable with the equality paradigm, and therefore the choice of paradigms will depend on normative criteria. Fundamental principles of the Canadian constitution, international standards of human rights and the perspectives of growing numbers of practitioners in the field that are of Aboriginal ancestry are all forces that will complete the shift to the equality paradigm.<p> An equality paradigm will result in the abandonment of some Aboriginal law doctrines, and the modification of others. Aboriginal title is inconsistent with an equality paradigm because it assumes the legitimacy of the Crowns claims to sovereignty, gives the Crown a superior title, and limits Aboriginal nations to a burden of only limited and subordinate rights. The fiduciary relationship rooted in the honour of the Crown will grow into a non-hierarchical relationship with reciprocal obligations.<p> Decisions of courts can play a supporting role, but only negotiations and treaties can build a genuine partnership, effective and equitable sharing of sovereignty and ultimately reconciliation between Aboriginal and non-Aboriginal peoples in Canada.

The existing rights paradigm in Aboriginal law accepts Crown sovereignty claims grounded in ethnocentric conceptions of terra nullius and discovery, and views Aboriginal rights as arising out of prior occupation. The Supreme Court of Canada has shaken this paradigm by characterizing Crown sovereignty as merely de facto until reconciled with Aboriginal sovereignty and legitimated by a treaty, by developing the duty to consult, and by characterizing reconciliation as a process that is part of a generative constitutional order. The moves the Court toward a new paradigm rooted in the principle of the equality of peoples in which treaties provide a framework for sharing sovereignty. As part of the Canadian federation, Aboriginal sovereignty can strengthen Canadas territorial integrity and contribute to Canadas economic development.<p> In the past, courts allowed the act of state doctrine to shield Crown assertions of sovereignty from scrutiny. This doctrine protects Canadas territorial integrity, but does not shield the Crowns actions from legal and constitutional scrutiny. The fundamental constitutional principle of rule of law and the de facto doctrine will protect interests that relied on assumptions of Crown sovereignty that lacked constitutional legitimacy.<p> The transformation in the fundamental principles of Aboriginal law has parallels to Thomas Kuhns description of a paradigm shift in the natural sciences. The rights paradigm is in a crisis with moral and practical dimensions. It is incommensurable with the equality paradigm, and therefore the choice of paradigms will depend on normative criteria. Fundamental principles of the Canadian constitution, international standards of human rights and the perspectives of growing numbers of practitioners in the field that are of Aboriginal ancestry are all forces that will complete the shift to the equality paradigm.<p> An equality paradigm will result in the abandonment of some Aboriginal law doctrines, and the modification of others. Aboriginal title is inconsistent with an equality paradigm because it assumes the legitimacy of the Crowns claims to sovereignty, gives the Crown a superior title, and limits Aboriginal nations to a burden of only limited and subordinate rights. The fiduciary relationship rooted in the honour of the Crown will grow into a non-hierarchical relationship with reciprocal obligations.<p> Decisions of courts can play a supporting role, but only negotiations and treaties can build a genuine partnership, effective and equitable sharing of sovereignty and ultimately reconciliation between Aboriginal and non-Aboriginal peoples in Canada.

The main task of this master's dissertation is to create an outline of various translation strategies of French film titles into Czech language and to identify their statistic significance. It contains films distributed into the Czech republic from 1990 to 2006. It is divided into two main parts. The first part deals with typology and translation of titles, development of French cinematography from it`s beginning to the present day, institutions promoting French films in France and in the Czech republic as well as the appreciation of French cinematography by Czech audience. The second part contains classification of films from the above mentioned era according to their title translation followed by an analysis of every single category, which leads to nine strategies and their percentage analysis.

Using a survey and case study formats, this study focused on the level of understanding and implementation of Title IX relating to Texas public school students. The survey focused on the degrees of principal understanding and the compliance with the statute. Additional areas of study analyzed the impact of such factors as principal gender and school level on understanding and implementation. The case study examined the degrees of implementation for a district that had experienced civil rights action and one that had not.

The purpose of this study was to compare the Title IX compliance trends of high school sports in Florida over the past two decades (1985-2005) against national trends. The literature review discusses: the historical events leading to Title IX, the administrative implementation of Title IX, the legal perspective of Title IX, and the impact of Title IX on gender equity in sports. The study was conducted between January and June, 2007. The data focused on: male and female participants in high school sports in Florida, the numbers of male and female participants in high school sports across the nation, and enrollment figures of high schools in both Florida and the nation. The results indicate there was no significant difference between national Title IX compliance trends and Florida Title IX compliance trends in high school sports during 1985 through 2005. In fact, there was widespread non-compliance with the substantial proportionality of Title IX, with some improvements in compliance over time. Future research should focus on other strategies to comply with Title IX.

Darbe pateikiama įvairiais aspektais išnagrinėta L. S. Černiauskaitės romano Kvėpavimas į marmurą kalbinė raiška. Analizuojamas antraštės ir kūrinio bei atskirų jo dalių santykis, aptariama romano leksika, semantinės stiliaus figūros, sinonimiškai vartojamos kalbos priemonės. Dėmesys skiriamas ir romano sakinių įvairovei: aiškinamasi, kokiomis laiko formomis konstruojamas pasakojimas, kokios struktūros sakiniai dominuoja, kaip jie siejami, aptartos ir sintaksinės figūros. Romano tekstas yra ne tik prasmiškai ir formaliai siejamas, bet ir skaidomas – aptariama kompozicinė ir stilistinė teksto segmentacija. / Linguistic expression of the novel Kvėpavimas į marmurą (Breatning into Marble) by Laura Sintija Černiauskaitė analyzed from various aspects which presented in the thesis. The relation of the title and separate part of the novel are analyzed, the vocabulary, semantic stylistic devices, linguistic means used synonymously are discussed. The attention is paid also to variety of the novel sentences: the tenses constructing the narration are analyzed, the dominating sentence structures, their relation, syntactical figures are discussed. The text of the novel is related not only meaningfully and formally, but is also separated – compositional and stylistic segmentation of the text is discussed.

Sectional ownership has introduced several new concepts of property that differ significantly from prevailing as well as common-law concepts of property. The right of extension with regards to sectional titles is one such concept. The right entails a subtraction from the dominium of sectional owners and is widely regarded as a limited real right. It is submitted that the right cannot be categorised into any common-law category. The right is a statutory limited real right sui generis that has its own characteristics with regards to the way it is established, transferred, alienated, burdened or lapses. The right should also be recognised as constitutional property. The study concludes with an investigation into selected aspects relating to the right as an estate asset and points to problems relating to the valuation of the right for purposes of estate, capital gains and donation tax. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014

This was a multi-faceted mixed methods study that investigated several aspects associated to class size and the perceived effects on student achievement in Title I elementary schools. The data collection in this study was conducted through two separate phases. The first qualitative phase was a case study that was comprised of teacher interviews and classroom observations. The case study took place at a Title I school in Central Virginia, chosen for its diverse representativeness of the student population. Classroom interactions were coded during five-minute segments in each full-day classroom observation, as well as field notes made for specific types of instructional methods being used within each Title I classroom: individualized instruction, small group instruction, connecting personally with students, and incorporating technology into daily instruction. While a majority of the interactions within each classroom were positive, patterns emerged within the negative interactions that occurred. Interview responses indicated that the perceived ideal class size for Title I schools is 12-18 students, as well as provided explanations behind the perceived effects of class size on student achievement. Findings from the first phase were used to create a survey that was distributed during the second qualitative phase of this study. This survey was distributed to the larger Title I teacher population within the same school district to generalize the findings from the case study. Finally, systematic student assessment data was collected to compare the perceived effects of class size to the observed effects of class size on student achievement data. Although the findings from the student achievement data were inconclusive, there were several factors associated to class size that are discussed to explain the observed effects on student achievement data in the case study Title I school.

Title IX was enacted over 40 years ago, and although there have been marked increases in the number of girls and women participating in athletics at every level, gender equity in athletics continues to be a concern. This is especially evident at the community college level. Title IX requires equity in the areas of opportunities for participation, opportunities for financial aid, and equity in benefits and services. This study sought to ascertain perceptions of equity held by community college coaches of women’s teams. A cross-sectional design was used to survey coaches from all regions of the NJCAA who were listed in the National Directory of in regard to their perceptions of equity in opportunities for participation, opportunities for scholarships, awareness and understanding of Title IX and related compliance issues, including whistleblower protection, and their level of comfort in discussing gender equity issues with supervisors. Multivariate analysis of variance revealed significant differences in perceptions regarding gender equity in terms of opportunities for participation, opportunities for financial aid by means of athletic scholarships, benefits and services, awareness and understanding and level of comfort in discussing perceptions regarding gender equity issues or Title IX non-compliance based on gender, years’ experience coaching, sport coached and region, although effect sizes for each analysis were determined to be small. Without question, women are in a better position to recognize gender inequities in athletics on college campuses. It is essential that women are recruited and hired into leadership positions in athletic departments and into executive positions in educational administrations at community colleges. Without a voice at the decision-making levels, the pace at which community colleges move toward equity will continue to lag.

Security transfer of ownership Abstract The subject matter of this thesis is the security transfer of ownership as a means of debt security in the Czech Republic. Within five chapters, the thesis analyses the law applicable to the security transfer of ownership while considering the difficulties arising out of its interpretation that were identified by courts, experts and legal practice. The main purpose is to present the difficulties related to the use and interpretation of the security transfer of ownership in a critical manner. The first chapter aims to put the security transfer of title in the context of the law of obligations, to place it among other types of debt securities and to capture its substance. Subsequently, the thesis describes the roots of this type of debt security in Roman law and the evolution of the security transfer of title in the Czech territory. There is a comparative mention of the use of the security transfer of title in Germany and France at the end of the first chapter. The second chapter analyses the security transfer of title under Act No. 40/1964 Coll., the Civil Code and identifies problems related to the imperfect legislation. This chapter also analyses the case law that had fundamental impact on the interpretation of this debt security and that were reflected in the...