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1
Werling, Mark. "Knowledge of Indiana school law possessed by Indiana public secondary school teachers." Virtual Press, 1985. http://liblink.bsu.edu/uhtbin/catkey/458831.
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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.
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Philbert, Robert E. "A survey of selected teacher spokespersons regarding Indiana Public Law 217." Virtual Press, 1987. http://liblink.bsu.edu/uhtbin/catkey/516209.
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The purpose of this study was to determine the level of satisfaction of selected teacher spokespersons toward Indiana Public Law 217, the collective bargaining law for teachers.A survey instrument consisting of forty-six items in five Likert-response categories was mailed to 125 randomly selected teacher spokespersons in Indiana. Space was provided for respondents to write comments or rationale for their answers. Fifty-seven teacher spokespersons responded to the survey.The following rank order was utilized for each of the sections of Indiana Public j 217 ranging from (5) highly dissatisfied, (4) somewhat dissatisfied, (3) neutral, (2) somewhat satisfied to (1) highly satisfied based on the mean scores.Findings1. Selected teacher spokespersons rated four section items between 4.00 and 5.00.2. Of the forty-six section items that were surveyed, seventeen sections were rated between 3.00 and 3.99.3. Negotiators for the teachers ranked seventeen sections of Indiana Public L&7_ between 2.00 and 2.99.4. Eight section items were rated between 1.00 and 1.99 by the teacher spokesperson.Conclusions1. Teacher spokespersons were dissatisfied with the inability to strike and the penalities for unlawful strikes.2. Teacher spokespersons were dissatisfied with the procedures and restrictions governing bargaining and discussions.3. Teacher spokespersons were dissatisfied with the provisions and procedures of fact-finding, arbitration and maintaining a status quo contract.4. Teacher spokespersons were dissatisfied with the sections of the law dealing with the rights of the employer5. Teacher spokespersons were dissatisfied with the stated intent of the law.6. Teacher spokespersons were dissatisfied with the structure and powers of the Indiana Education Employment Relations Board.7. Teacher spokespersons were satisfied with the definitions of certificated employees and exclusive representative.8. Teacher spokespersons were satisfied with the procedures of unfair practices as stated in the law.9. Teacher spokesperson were satisfied with the procedures of dues deductions as stated in the law.
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Stuelpe, Bonnie J. "A comparative analysis of the impact of public laws 209 and 390 on Indiana textbook rental programs." Virtual Press, 1989. http://liblink.bsu.edu/uhtbin/catkey/720334.
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The purpose of the study was to analyze the impact of the financial assistance for textbooks and related instructional materials portion of Public Law No. 390 (1987) on textbook rental programs in public school corporations across Indiana. The results of the analysis were compared with data from the financial assistance program prescribed in Public Law No. 209 (1979). The Indiana Department of Education's Textbook Cost Survey was designed to collect financial information about textbook rental programs for the school years 1984-85 through 1986-87 when P.L. 209 was in effect. A questionnaire, modeled after the Textbook Cost Survey, was developed to collect similar information for the school year 1987-88 when P.L. 390 came into effect. This survey was sent to the 209 school corporation that had responded to the Department of Education survey. Percentage distributions and mean per pupil financial data were ascertained for the data obtained from the two instruments. Based on information gained from the study, a comparative analysis of the impact of Public Laws 209 and 390 on Indiana textbook rental programs was made.Data collected supported the following conclusions:1. Because Indiana law requires the adoption of some new textbooks each year, mean per pupil textbook rental billings will continue to increase annually, as mean per pupil textbook rental billings did from 1984-85 through 1987-88, the four years included in this study.2. The overall percentage of mean per pupil textbook rental billings collected each year from parent/guardians or emancipated minors will continue to decrease as did the overall percentage of mean per pupil textbook rental billings collected during the four years (1984-1988) included in the study.3.Because of the inclusion of standardized financial eligibility criteria and allocation of sufficient funding for total reimbursement of eligible financial assistance billings from individual school corporations, the financial assistance portion of P.L. 390 is an improvement over P.L. 209.4. Because of the specific delineation of textbook rental fee components eligible for financial assistance reimbursement under P.L. 390, implementation of the law brought about changes in the components some school corporations included in textbook rental billings.5. In an attempt to make up some of the difference between actual textbook rental billings and eligible financial assistance billings sent to the Department of Education for reimbursement, an increasing percentage of school corporations switched from annual recovery of 20 percent of textbook costs to annual recovery of 25 percent of costs after implementation of P.L. 390.6. School corporations who ask parent/guardians or emancipated minors approved for financial assistance to pay the difference between the actual amount of textbook rental billings and the amount of financial assistance reimbursement received from the state face a difficult public relations situation.7. The data from 1987-88 appear to indicate P.L. 390 has had a positive impact on the mean per pupil amounts of unpaid textbook rental billings pursued for collection.8. The mean per pupil costs for pursuing collection of unpaid textbook rental billings through small claims court or other collection methods are not truly representative of actual costs because personnel costs were frequently omitted.9. Textbook rental funds which are, theoretically, designed to be self-supporting cannot continuously absorb the loss of income resulting from exclusion of some components normally included in textbook rental billings from financial assistance reimbursement, exclusion of students qualifying after November 1 each year from financial assistance reimbursement, and reimbursement at a different percentage of costs than the percentage normally charged in textbook rental billings.10. After implementation of the financial assistance portion of P.L. 390, those school corporations who indicated expenditures for components normally included in textbook rental billings but excluded from financial assistance reimbursement would be paid from the general fund, or who indicated the general fund would be used to reimburse textbook rental funds for the losses of income incurred through implementation of P.L. 390 have provided only a temporary solution.
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Black, Andrew C. "DTV Implementation: A Case Study of Angola, Indiana." Bowling Green State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1404217922.
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Mola, James H. "A longitudinal study of the changes in staff development and professional growth opportunities as reflected in the master contracts of the public school corporations of Indiana, 1982-1983 and 1988-1989." Virtual Press, 1991. http://liblink.bsu.edu/uhtbin/catkey/833000.
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The purpose of the study was to determine if the language of the negotiated agreements of Indiana School Corporations was reflected in professional growth and staff development activities. Collective bargaining agreements during 1982-1983 and 1988-1989 from 289 Indiana School Corporations were compared to identify the existence, if any, of (a) a trend in the acknowledgement of professional growth and staff development-related statements found in the contracts, and (b) policy statements delineating how staff development activities and curriculum-related activities were to be conducted in schools. Contract language in which comparisons appeared to be significant were subjected to the Friedman Two-way Analysis of Variance (Friedman ANOVA) to determine whether or not comparisons were statistically significant at the .05 level. Such statistically significant comparisons also helped to determine whether or not school corporations incorporated contract language, which gave instructional staff a legal position in decisions which affected teacher professional growth and participation in curriculum-related matters.Conclusions1. Compared to small enrollment Indiana School Corporations (3,000 students or less), large enrollment Indiana School Corporations (3,001 or more students) were more likely than statistically expected to provide salary compensation for higher levels of teacher education training and sabbatical leave compensation at statistically significant levels of .05 or less, based upon use of the chi-square statistic.2. The research findings failed to support movement toward greater Indiana School Corporation contract language in 1982-1983 and 1988-1989 in most of the specified staff development factors under investigation in the research. Therefore, contrary to the literature which claimed that collective bargaining would be used as a vehicle for staff development change, collective bargaining has not provided structural support for such change among Indiana School Corporations.Department of Educational Leadership
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Decman, John M. "Effects of state deregulation on the quantity and adequacy of school facilities." Virtual Press, 2000. http://liblink.bsu.edu/uhtbin/catkey/1191105.
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The general purpose of this study was to determine whether deregulation in Indiana via Public Law 25-1995 has had an adverse effect on either quantity or adequacy of new school construction. Data for projects approved during the three years preceding deregulation (1992-1994) were compared with data for projects approved during the three years following deregulation (1996-1998).Data for the projects were obtained from state agencies. They included the number of projects approved, the cost of each project, the size of each project, and school district enrollment, and the assessed valuation of each school district in each of the years studied. Major findings included: (a) The annual average number of approved projects prior to deregulation was 14 and the annual average following deregulation was 13. (b) The size of approved elementary level projects did not change following deregulation (it remained at 138 square feet per student). The size of approved middle level projects decreased from 196 square feet per student to 170 square feet per student after deregulation (a 14% decrease), and the size of middle schools became less uniform. The size of approved high school projects decreased from 230 square feet per student to 209 square feet per student after deregulation (a 9% decrease). (c) The average cost per square foot of approved elementary school projects declined from $113 to $109, and the average cost per square foot of approved high school projects declined from $119 to $107 after deregulation. The average cost per square foot of approved middle level projects increased from $105 to $110. (d) School district wealth did not have a significant effect on either the quantity of projects or the size of projects. (e) School district size did not have a significant effect on either the quantity of projects or the size of projects.Recommendations include additional long-term studies to address not only the effects of deregulation on school facilities, but also the effects of deregulation on educational programming.Department of Educational Leadership
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Nehl, Eric J. "A comparison of selected personal variables of Indiana state legislators and their voting records on tobacco issues." Virtual Press, 2001. http://liblink.bsu.edu/uhtbin/catkey/1266139.
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The purpose of this study was to examine the relationship between personal demographic variables of Indiana's legislators and their voting records regarding laws associated with tobacco regulation. Personal demographic data of the legislators who were in office in either 1997 and/or 1998 were compared with their voting records on tobacco issues during that same time period. The evidence suggests that Democratic legislators appear to be more in favor of tobacco control than their Republican counterparts and legislators that are members of the House of Representatives are more supportive of tobacco control than their counterparts in the Senate. Conversely, the evidence suggests that there were no statistically significant differences on tobacco voting records when the legislators were grouped by representation of a tobacco district, level of education the legislator has attained, holding an office in their respective chambers, or their occupations other than being a legislator.The results of this study can be used to better educate legislators on the consequences of tobacco use and the benefits of voting for pro-tobacco control legislation. Future studies should include attempts to form a profile of a pro-tobacco control or pro-tobacco industry legislator at both the state and national level.Department of Physiology and Health Science
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Beal, Marsha Poucher. "History of road development, Knox County, Indiana, from 1840 to 1860." Virtual Press, 1994. http://liblink.bsu.edu/uhtbin/catkey/917824.
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Much general research has been done on the early history of Knox County, Indiana, but little has been done on the history of road development in the county. The main purpose of this study is to contribute to original research about Knox County road development from 1840 to 1860.In the early years of Indiana's history, lines of travel were rivers, animal pathways, and Indian trails. Most of the early routes were in the southern part of the state which was one of the first areas inhabited by white settlers. The region around Vincennes was an important trade center and a central meeting place for a variety of Indian Groups with many pathways crossing there.As the population grew in southern Indiana, Knox County which encompassed a very large area, was divided into townships. Local governments, first the Court of Quarter Sessions, then the County Commissioners and Township Trustees had power over roadbuilding. Townships were divided into road districts and road supervisors were appointed/elected to maintain the roads within each district. Individuals requested private roads, cartways, township roads, county roads and changes and vacations of each.In Knox County, Indiana, most early routes were established to connect citizens with Vincennes, the county seat. However as settlers moved into the countryside, roads were needed to reach river crossings, mills, churches, railroads, and other sites.There were objections to proposed road, change and vacation petitions for a variety of reasons. Usually the objectors thought they would suffer property damage, or they wanted to cultivate parts of their land that were cut off by the roadways. Another concern was whether a road was of public use. This was an important issue because male citizens between the ages of 20 and 50 were required by state law to work the roads every year. They were assigned to a road district, and it was there that any additional road taxes could be worked off with labor on the roads.Knox County citizens followed the same state guidelines as all Hoosiers in regard to roadbuilding. There were no examples of roadbuilding that would make Knox County appear to be different than any other county, except perhaps in the local residents' zeal to maintain Vincennes as an important crossroads between Louisville and St. Louis and Chicago and points south.Department of History
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Jones, Curtis J. "Supported employment : predictors of initial success and cost." Virtual Press, 1999. http://liblink.bsu.edu/uhtbin/catkey/1137474.
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This study was designed to identify correlates of success in Supported Employment (SE) programs for persons with psychiatric disabilities. Indiana policy-makers are seriously considering a managed care, or "capitated," system of payment to make SE provider programs more efficient economically. However, many agencies are concerned about providing services to more severely impaired individuals because of the potentially higher costs of serving these individuals. Two studies are included in this project. The goals of the first study were to identify SE consumer (clinical) characteristics that predict (1) successful outcomes, defined as whether the consumer achieves gainful work, and (2) program costs, defined as the amounts of SE service hours utilized by consumers who obtain work. In two large samples of SE consumers with serious mental illness, no clinical characteristics (e.g., diagnosis, rated functioning, hospitalization history) were associated with vocational outcome or service costs. The goal of the second study was to describe the types and amounts of services utilized by SE consumers who obtain work. Specific service categories associated with obtaining work were travel, training, and advocacy that was unrelated to the consumer's job. The implications of these findings are discussed in the framework of the debate over clinical versus empirical prediction. The need for a theoretical model of SE services that allows the use of predictive clinical and consumer driven services is also discussed.Department of Psychological Science
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Lindley, Michael R. "The home schooling movement in the state of Indiana as perceived by public school superintendents." Virtual Press, 1985. http://liblink.bsu.edu/uhtbin/catkey/437424.
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The purpose of the study was to ascertain and report current attitudes of public school superintendents in Indiana regarding the problems associated with home schooling, and, to recommend solutions to the problems identified. To facilitate reporting the data the study was written in five chapters. Chapter I included an overview that delineated the purpose for the study and organization for subsequent chapters.Chapter II presented a review of related research and literature directly pertaining to the study. Constitutional issues related to the First, Ninth, and Fourteenth Amendments to the United States Constitution were reviewed. The issue of individual rights versus the police power of the state was found to be a balancing act which required careful scrutinization in the courts to protect the rights of individuals and the rights of the state to an educated citizenry.Chapter III contained an explanation of the methods and procedures employed to derive the necessary data. The chapter contained a description of the population, sources of data, methods used in the development of the questionnaire, procedures for collection of the data, and, methods for analysis of the data.Chapter IV presented an analysis of the data collected. The superintendents indicated a 64.83 percent increase from 1982-1985 in home schoolers and future growth was probable. The respondents indicated all home schoolers should be required to register with the Department of Education with hours of attendance, curriculum, and proof of learning monitored by the state.Chapter V provided a summary of the study, findings, conclusions, and recommendations. The findings support the following conclusions:1. Public school superintendents need to recognize the legitimacy of home schools as a legal alternative to public schooling.2. Courts will not support public school superintendents in Indiana when prosecuting home schooling parents for violation of compulsory attendance statutes unless definitive proof exists that no structured education has been provided.3. Compulsory attendance statutes as stated provide for a wide variation of interpretations and may lead to unnecessary litigation.4. Requiring parents to prove teaching competency and establishing minimum state guidelines for home schools would assist in meeting the legislative intent of the compulsory attendance statute.
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Jones, Thomas G. "Religion in Indiana's public high schools." Virtual Press, 1998. http://liblink.bsu.edu/uhtbin/catkey/1117121.
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Osborn, Elizabeth R. "The influence of culture and gender on the creation of law in antebellum Indiana, Ohio, and Kentucky." [Bloomington, Ind.] : Indiana University, 2004. http://wwwlib.umi.com/dissertations/fullcit/3162255.
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Thesis (Ph.D.)--Indiana University, 2004.Source: Dissertation Abstracts International, Volume: 66-01, Section: A, page: 0313. Director: Michael Grossberg. Title from dissertation home page (viewed Oct. 12, 2006).
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Barnett, Turman Zachary. "A study of selected Indiana solid waste management districts." Virtual Press, 1999. http://liblink.bsu.edu/uhtbin/catkey/1137651.
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Faust, Robert E. "The development of the nature preserves system in Indiana : giving life to the land ethic." Virtual Press, 1993. http://liblink.bsu.edu/uhtbin/catkey/864907.
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The movement to conserve natural resources in the United States began as a response to the perceived inefficiency which governed resource allocation. The subsequent environmental movement served to expand the definition of conservation to include not only the efficient use of resources, but also the preservation of land in its natural state. In Indiana, this supposed deficiency in conservation led some environmentalists to establish the Indiana Nature Preserves System which locates remnants of the Indiana wilderness and protects them from development. The Indiana Nature Preserves System is symbolic of the Land Ethic proposed by the early ecologist Aldo Leopold, who believed that man was but one component of the "land community." To alter all natural areas, Leopold and Indiana preservationists argued, was both an assault on ecological stability and on the right of nature to exist for its own sake.Department of History
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McKinney, Joseph R. "An analysis of the legal rights and responsibilities of Indiana public school educators." Diss., This resource online, 1991. http://scholar.lib.vt.edu/theses/available/etd-07282008-135225/.
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Chegeni, Mohammad. "The impact of a public smoking ban in Delaware County Indiana on hospital admissions for myocardial infarction : a pre-post study." CardinalScholar 1.0, 2010. http://liblink.bsu.edu/uhtbin/catkey/1562870.
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The purpose of this study was to determine the impact of a public smoking ban on the hospital admissions due to acute myocardial infarction in Delaware County, Indiana.
The study population consists of all the patients admitted to Ball Memorial Hospital during three 22-month periods with a primary or secondary discharge diagnosis code of acute myocardial infarction (ICD-9-CM) immediately prior to the implementation of the ordinance. Chi-square was conducted for the three 22-month periods of hospital admissions. A significant drop occurred in the number of admissions among nonsmoking patients in Delaware County. The changes in the number of smoking-patient admissions before and after the ban were not significant.Access to thesis and accompanying PDF permanently restricted to Ball State community only
Department of Physiology and Health Science
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Neilan, Judith A. "Desktop publishing and photo manipulation : a survey of Indiana high school publications advisors." Virtual Press, 1999. http://liblink.bsu.edu/uhtbin/catkey/1137674.
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Donovan, Brian. "The common law basis of Aboriginal entitlements to land in Canada, the law's crooked path." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62720.pdf.
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Harrison, Regina. "Rhetorical use of the Great Law of Peace at Kahnawake : a measure of political legitimacy in a Mohawk community." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26276.
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The past is often used by political figures in the present in order to achieve political goals by manipulating a feeling of identity, based upon a shared history, among their followers. The extent to which a political leader may alter narratives of the past to meet his or her own needs is governed by certain constraints and laws of structure, as Appadurai and Sahlins have argued (Appadurai 1981; Sahlins 1985). However, the credibility of a leader is affected by such factors as how well that leader fills the cultural construct of a leader's role and adheres to the community's expectations. At Kahnawake, a Mohawk community near Montreal, I found that the amount of authority granted to individual factional leaders in their interpretation of the Iroquois Confederacy's Great Law of Peace reflected the degree to which each leader behaved as a Confederacy chief or orator should, and also reflected the degree to which the leader obeyed social norms, particularly that of not advocating violence against fellow Mohawks. My findings add to the growing body of anthropological literature on the uses of the past by demonstrating in a specific case study how interpersonal relationships between leaders and a community affect the leaders' credibility and authority over the past.
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Orique, David Thomas 1959. "The unheard voice of law in Bartolome de Las Casas's "Brevisima relacion de la destruicion de las Indias"." Thesis, University of Oregon, 2011. http://hdl.handle.net/1794/11616.
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xiv, 485 p.The organizing principle of this dissertation is that Las Casas's most famous work, the Brevisima relacion , is primarily an intricately reasoned legal argument against the excesses of early Spanish colonialism rather than a fiery polemical diatribe by the "first human rights activist." Contrary to such anachronistic (though enduringly popular) characterization, this study employs a historical perspective to view this influential text as belonging to the genres of the early modern juridical tradition. Accordingly, this investigation begins by examining the historical matrix of fifteenth-century and early sixteenth-century Spain to properly contextualize Las Casas's early life and certain initial colonial institutions of the Spanish Indies. Similarly, his juridical expertise is firmly rooted in an explication of his contemporaneous formation in canon law and theology. From these foundational strands of his life and work, his maturing juridical voice spoke most decisively in certain of the major debates among Spanish jurists, theologians, and politicians--as well as in the Brevísima relación --in the wake of the Iberian "discovery" of what was for all concerned a physical as well as philosophical "New World." The combined focus of subsequent chapters elucidates the fundamentally juridical dimensions of the text, beginning with the specific context accompanying its genesis in 1542 until its publication a decade later. The treatise's legal character as an official publication based on various evidentiary sources is further revealed by the text's triple function--to inform, to denounce, and to petition, which in turn corresponds to the genres of relaciones, denuncias , and peticiones of the civil juridical tradition. The Brevísima relación 's content unveils far more than this; the epistemological rationale and analytic framework are intimately linked to canonistic, Thomistic, and biblical genres of the ecclesial juridical tradition. Continuing this historical investigation, the concluding chapter demonstrates anew the fundamental grounding of Las Casas's approach in the vibrant first generations of juristic discourse of the so-called Spanish colonial era. His multifaceted juridical voice was distinctively encoded in a powerful melding of civil and ecclesial legal traditions. This dissertation intends to communicate this voice intelligibly with the proper accents of the past.
Committee in charge: Dr. Robert Haskett, Chairperson; Dr. Carlos Aguirre, Member; Dr. Stephanie Wood, Member; Dr. David Luebke, Member; Dr. Stephen Shoemaker, Outside Member
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Calverley, David. "Who controls the hunt? Ontario's Game Act, the Canadian government and the Ojibwa, 1800-1940." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0025/NQ48091.pdf.
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Veile, Bradley 1956. "Indian Self-Determination and Education Assistance Act (Public Law 93-638) from 1975 to 1989: A look at educational aspects." Thesis, The University of Arizona, 1989. http://hdl.handle.net/10150/277185.
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This paper examines Public Law 93-638, the Indian Self-Determination and Education Assistance Act, from its origins to the present. Subsequent laws which have had an impact on the original statute are viewed through their legislative history, legal implications, and effect. Contract schools under the legislation are discussed in regards to their number, location, and structure. A critical look at Indian education is provided along with general comments on contracting under PL 93-638.
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Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.
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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.
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Karunatilleke, Upali. "The law of the sea and the Indian ocean." Thesis, Southampton Solent University, 2004. http://ssudl.solent.ac.uk/775/.
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Arvid Pardo, the ambassador of Malta presented a revolutionary concept regarding "the sea bed and the ocean floor" when he warned the United States that it must be treated as a "Common heritage of mankind" otherwise it is an area that could lead to conflict between states leading to wars that would spell the end of humanity. The United States took serious note of the underlying potential truth of this warning, sponsored a number of conventions of the Law of the Sea which led to the adoption of UNCLOS III, which was unique in so many respects but the most notable was, it served as a constitution fot the management of the ocean. Two main functions of the sea, namely fisheries and the prevention of pollution, whether land based or vessel sourced, reseived the attention of the world community that participated at the conference that prompted them to adopt a legal framework to establish a conservation and management programme in relation to both subjects. Coastal states were conferred greater jurisdiction, with an expansion of the territorial sea, contiguous sea and a new concept of a 200 nautical mile exclusive economic zone which specified new rights and obligations to all users of the sea, be they coastal states, flag states, port states or any other user. They had to abide these rights and obligations as part of international law. The implementation of these rights and obligations needed the best scientific evidence and knowledge available as well as the cooperation of competent international organisations. It was further envisaged that regional and sub-regional arrangements would be a benevolent method of implementing and monitoring the rights and obligations of states. It was observed that the northern hemisphere states, particularly in the north Atlantic, north Pacific, the North sea, Balkan sea and the Mediterranean sea realized the advantages of regionalism. They brought results such as controlling pollution in the North sea, an area encircled by industrialized states emitting chemical wastes into the sea, with the adoption of harmonized municipal laws. Another significant achievement was the prevention of oil-spills be legislating for double hulling of vessels. The Indian Ocean is surrounded by 28 states, which are categorized as "developing states in the Third world", with the only exception as Australia. These states acquired large resources of the sea with the adoption of UNCLOS III. But they are yet to identify the rights and obligations devolving on them and to realize that if they adhere to the new law, the management of the ocean affairs would ensure sustainable development and contribute to the war against poverty, which is the greatest challenge. This study has identified how these states could, particularly in regard to the prevention of marine pollution and managing living resources, a regional effort could achieve harmonization of laws and make a concerted effort to maintain scientific standard of management and avoid conflict.
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Rai, Neelam. "Domestic violence women and the law ; an Indian perspective." Thesis, University of North Bengal, 2009. http://hdl.handle.net/123456789/1280.
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Kallikkattukudy, Joy Paul. "Fraud and nullity of marriage in canon law and Indian civil law: A comparative analysis." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/29123.
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The mutual recognition and acceptance of canon law and civil law have generated interesting debates through the centuries. This is particularly true since the Second Vatican Council called for a new way of thinking on matters pertaining to our religious way of life and on our relationship with other peoples and nations. As a result many pastorally important issues have surfaced. One of these is the possibility for the Church of recognizing and accepting a legitimate decision of the nullity of a marriage by a civil court.
India, a secular country by constitution, accommodates many religions. The State recognizes the laws of all religious groups and acknowledges them as Personal Civil Laws, such as Indian Christian Marriage Act of 1872 and the Indian Divorce Act of 1869, governing matters such as marriage, succession, and divorce. Therefore, when carrying out any action which has consequences in civil law, every person is expected to observe his/her applicable personal civil law.
According to the Church's teaching, marriage is indissoluble. However, the Church provides for a declaration of invalidity under strict conditions. A close examination of the ecclesial and civil laws indicates that, in order to protect the sacredness of this institution and to prevent invalid marriages, both systems have established a number of impediments and defects of consent which invalidate marriage ab initio.
While Indian civil courts do not recognize the declarations of nullity granted by an ecclesiastical court, the Church does not accept a civil decree of nullity or of divorce. This particular confrontation between the two systems of laws naturally results in undue pain, tension and financial burdens for the persons involved. Therefore, we ask the question: Is it possible for the Church formally to accept a legitimately issued civil decree of nullity and allow the parties to marry in accordance with the norms of canon law without submitting them to a fresh new canonical trial? This question defines the hypothesis of our dissertation.
Our study has demonstrated that there is substantial agreement between canon law and Indian civil law on several substantive aspects of marriage. For example, both hold that the right to marriage is a natural right of every human being. Both have established impediments in order to protect the social institution of marriage from being contracted invalidly. Both systems also recognize the invalidating effect of deceit. Once it is proven with moral certainty, or beyond reasonable doubt, that one party was deceitful in obtaining the consent of the other, both systems of law consider the marriage null and void. Therefore, at least in the case scenario discussed in our study, the Church can formally recognize and accept a civil declaration of invalidity of a marriage and declare the parties involved free to enter upon a new canonical marriage according to the norms of canon law. We maintain that this conclusion, mutatis mutandis, can be applied also to other similar hypotheses.
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Gallagher-Mackay, Kelly. "Rule of law and Aboriginal government, the case of Nunavut." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ56175.pdf.
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Wohlschlegel, Ansgar. "The economics of corporate bankruptcy law." [S.l. : s.n.], 2002. http://deposit.ddb.de/cgi-bin/dokserv?idn=96600664X.
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Desjarlais, Clayton. "From the past (1876) to the present (2000), an analysis of band membership among the Plains Cree of Saskatchewan." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ60221.pdf.
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Richter, Markus Johannes. "Common Law Begriffe und Eigentumsrechte der kanadischen Indianer /." Münster [u.a.] : Lit, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/366331507.pdf.
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Hwang, Karina T. "The Procedural Aspect of the Rule of Law: India as a Case Study for Distinguishing Concept from Conception." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1171.
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In this thesis, the concept of the procedural aspect of the Rule of Law will be distinguished from what I argue are conceptions that are falsely promulgated as concept. The different aspects of the Rule of Law—form, substance, and procedure— are helpful in making the distinction between concept and conception. Examining procedure within the Rule of Law is particularly important, and I define a broader set of requirements of the concept of the procedural aspect of the Rule of Law. This concept is applied to understand the Indian conception of the Rule of Law, a particularly interesting case that brings out questions about culture and economic capacity. Ultimately, I argue that this broader set of requirements is better suited to evaluate the realization of the Rule of Law in all contexts.
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Sengupta, Arghya. "Independence and accountability of the Indian higher judiciary." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:d16c344d-ba44-454f-9606-456b8524071e.
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There is currently no satisfactory account of how judges of the Supreme Court of India and High Courts in the states are appointed, transferred, impeached or employed postretirement. For a higher judiciary commanding immense public attention, enjoying wide constitutional powers of judicial review, this is a conspicuous gulf in academic literature. This thesis intends to bridge this gulf by providing such an account. Part I extracts the Constituent Assembly Debates pertaining to these four facets of judicial functioning, describes key developments over time and analyses the extant processes in operation today. On this basis it makes three arguments: first, appointments to the higher judiciary and transfer of judges between High Courts follow processes that are indefensible as a matter of constitutional law; second, impeachment operates in an excessively slow and inefficacious manner; third, the pervasiveness of post-retirement employment of judges in government-appointed positions demonstrates inadequate attention to institutional design. Most crucially, each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability or both. This is not a peculiarly Indian problem— in several countries, the values of judicial independence and accountability have been deemed to be in tension, often irreconcilably. Part II tackles this widely articulated tension by providing a conceptual framework to understand these concepts. Its main argument is that both judicial independence and accountability are necessary for 'an effective judiciary'. Whether indeed the processes governing the four selected facets of judicial functioning in India lead to an effective judiciary is assessed in Part III. Where they are found lacking, appropriate reform is suggested. Such reform is intended to ensure that the selected processes operate in a manner that is justifiable in terms of judicial independence and accountability in principle and is efficacious in practice.
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Lagercrantz, Anna. "The Daugther in Law : Integration and Identity with in the Indian families." Thesis, Umeå universitet, Arkitekthögskolan vid Umeå universitet, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-71535.
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Serrott, Kyle Douglas. "Seeing Red: Settler Colonialism and the Construction of the “Indian Problem” in United States Federal Indian Law and Policy." Ohio University / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1618249252083926.
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McClure, Alastair. "Violence, sovereignty, and the making of criminal law in colonial India, 1857-1914." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/268185.
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This thesis explores the relationship between law, sovereignty and violence in colonial India in the period 1857-1914. From murder, to corporal punishment, to jubilee amnesty, this thesis highlights two gaps within the scholarship of nineteenth-century Indian legal and political history. Firstly, that histories of colonial law have been reluctant to provide a political analysis of the relationship between crime, sovereignty and identity in the everyday. Secondly, the much-noted shift in political discourse from East India Company to British Crown rule in histories of imperial political philosophy has left unexplained the relationship between liberalism, the codification of criminal law, and the production of colonial legal-political subjectivity. This lacuna in scholarship has resulted in the construction of a limited theoretical framework for understanding the underlying politics at play in the histories of crime, law, and punishment. Ultimately this work provides such framework, allowing the writing of law and the act of crime to be brought into histories of political philosophy and colonial sovereignty. As a revisionist history of colonial politics and law the thesis therefore breaks new ground in respect to our broader understandings of colonial sovereignty and politics, the practice of colonial law, and the constitution of the colonial state in India.
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Venkateswaran, Koduvayur Subramanian. "Formal and De Facto states of emergency : the Indian experience - 1947-1997." Thesis, Queen's University Belfast, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.263573.
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Taylor, A. J. "Uncertain Justice: The Ute Jurisdiction Case and Conflicting Directions in Federal Law." DigitalCommons@USU, 1995. https://digitalcommons.usu.edu/etd/1997.
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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.
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Janadhanan, Nadarajah. "Testing the law of proportionate effect, profitability performance and competition in indian banking." Thesis, Bangor University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.502725.
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Bush, Pamela Joanne. "See you in court : native Indians and the law in British Columbia, 1969-1985." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26789.
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Between 1969 and 1985, native Indians in British Columbia have used the courts in a significant number of cases to pursue goals which can be considered particularly Indian in that they have arisen as a result of the Indians' position as one of the indigenous peoples of Canada. Three general questions with respect to the use of the courts are addressed. First, what goals have native Indians pursued in the courts, and how are these related to the objectives which native Indians are pursuing in the political arena? Second, how have these goals been pursued in court; that is, what legal arguments were used, how were these related to the goals pursued, and how do these affect the possible impact of the cases? Third, what have been the consequences of court action?
Through an examination of the court cases in which native Indians were involved from 1969-1985, four major goals were identified. First, native Indians used the courts in order to ensure that they received the benefits to which they were entitled under the provisions of the. Indian Act. Second, native Indians challenged the way in which the federal government had administered the Indian Act. Third, Indians have attempted to preserve their traditional way of life by arguing that federal and provincial legislation which regulates hunting and fishing should not apply to them. Fourth, native Indians have used the courts in attempts to prevent damage to land and resources to which they have a claim. Native Indians have not attempted to achieve a recognition of their right to self-government through court action; rather they have pursued goals which can be termed "economic" from the viewpoint of non-native society.
Native Indians have used the courts both in order to achieve legal solutions to disputes, and as a means of putting economic and political pressure on governments. In their attempts to use the courts to achieve legal solutions, Indians have achieved some successes. The overall utility of the courts as a means of putting economic and political pressure on governments has yet to be determined, although to date it would appear that native Indians have made some gains by using the courts in this way.Arts, Faculty of
Political Science, Department of
Graduate
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Mallam, Andrew J. "Reparations for Cultural Loss to Survivors of Indian Residential Schools." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28852.
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This paper is an investigation into appropriate forms of reparation to compensate survivors and descendants of survivors of Indian Residential Schools for loss of culture.
Indian Residential Schools perpetrated serious individual abuses upon pupils; however, Aboriginal peoples as a group also sustained a serious harm -- an injury to their culture. Whereas tort law and alternative dispute resolution mechanisms have provided redress for individual losses, a group-oriented reparations solution is required to compensate for cultural loss. This paper will set out the historical record of the school policy, and investigate the nature of the loss, i.e. culture, and its intergenerational relationships. The methods by which common law courts have dealt with contemporary cultural loss claims will be outlined, as well as the reparations scheme that has been implemented by the Canadian government. After analyzing the legal and non-legal responses to claims for loss of culture, a legislative solution will be offered that aims to protect and promote Aboriginal culture as it stands in Canada today.
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Mukherjee, Madhumanti. "Women as vulnerable irrational heteronomous non-subjects of law : the construction of women as legal non-persons in Indian criminal laws regulating sexual conduct." Thesis, University of Kent, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.592678.
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My thesis investigates the concept of female personhood in Indian criminal laws regulating sexual conduct. 1 argue that these laws fail to safeguard women's interests in various ways and that the most significant basis for such varied range of failures is the construction of women as legal non-persons. Inherent within the Indian Constitution are notions of legal personhood that are meant to apply to all persons within its jurisdiction irrespective of sexual and other differences. , claim that conceptualisations of the woman in the criminal laws of sexual conduct do not conform to the constitutional ideal of the person. Women are sexually objectified, infantilised, their personal harms rarely validated unless those harms result in patriarchal male harms, and their sexual rights are more often not acknowledged in modern Indian legal discourse. There is a profound disconnection between the constitutional ideals and the concepts actually affirmed in the relevant criminal laws. This study adds to feminist legal scholarship on India in a number of ways:Firstly, it considers the laws of sexual violence within and as part of a broader group of laws that purport to designate what is acceptable sexual conduct _ generally. This helps to draw out common themes and exposes the basis of sexual violence laws as the need to safeguard male property in female sexuality, rather than to safeguard female sexua l autonomy. Secondly, this study offers an account of the diverse failures of the relevant criminal laws in terms of a failure to construct women as legal persons. This shifts the conceptualisation of these failures from one of distinct flaws that need to be addressed separately to one that sees them as multifarious symptoms of the same underlyingweakness. Thirdly, on the basis of the claim that the relevant criminal laws do not construct women as legal persons, the thesis argues that these laws are unconstitutional and could and should be declared void under the powers conferred to the I j i judiciary by the Constitution of India. last but not the least, this thesis incorporates a feminist judgment to showcase and emphasise t he theoretical claims I make about t he possibility of change in legal reasoning and judicial outcomes once women are constructed as legal persons with constitutional rights.
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Oleschak, Rekha. "The international law of development-induced displacement /." Table on contents, 2009. http://aleph.unisg.ch/hsgscan/hm00231710.pdf.
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Simpson, Michael Wayne. "The Marshall Trilogy and Federal Indian Law in 21ˢᵗ Century High School U.S. History Textbooks: Progress (?) Yet Little Has Changed." Diss., The University of Arizona, 2014. http://hdl.handle.net/10150/316917.
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This dissertation examines eight 21ˢᵗ century high school U.S. history textbooks for content and omission concerning American Indians. The focus of the inquiry is on the Marshall Trilogy cases and other federal Indian law cases. The Marshall Trilogy cases are three cases decided by the U.S. Supreme Court over 180 years ago that remain the foundational legal principles that guide governmental relations with Native peoples. The treatment afforded these cases is evaluated in light of a master national narrative for the United States. The Marshall Trilogy cases and the master national narrative have had and continue to have global consequences. The way federal Indian law is presented in textbooks impacts the way citizens treat American Indian peoples and their support for various foreign policy options. In addition, the content of high school history curriculum can affect the way students perceive history, Native America, and schooling. By examining history curriculum critically and establishing a truly inclusive narrative, the hope is that schooling and history become legitimate for all students. The primary approach is to use both a quantitative and qualitative critical content analysis using an indigenized critical discourse approach. Generally, the analysis will move from the focused text within each textbook, to other text within each textbook, to text across the textbooks, and finally to larger socio-cultural phenomena. The APPRAISAL analysis (Coffin, 2006) allows a discerning of linguistic attributes that allows for the exposition of the narrative of the specific text concerning the Marshall Trilogy. The general content analysis is given a critical lens by Brayboy's Tribal Critical Theory (2005) and Grande's Red Pedagogy (2004). The curriculum work of Apple (2004) and Hall's (1986) exposition of Gramsci's hegemony add to our understanding of the nature of textbooks and the knowledge that counts for society. Fairclough's (1995) Dialectic-Relational Approach guides the study to determining whether there is a social wrong, and if so, what it is. The wrong is then examined to determine what obstacles are in the way of addressing the wrong and whether the society needs the wrong. Finally, various ways of correcting the social wrong are addressed.
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O'Toole, Darren. "Taking Métis Indigenous Rights Seriously: 'Indian' Title in s. 31 of the Manitoba Act, 1870." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23779.
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In Sparrow, the Supreme Court of Canada stated that ss. 35(1) is “a solemn commitment that must be given meaningful content” the objective of which is to ensure that Aboriginal rights “are taken seriously.” Despite such a clear directive from the highest court, in Manitoba Métis Federation v. Canada [2007], MacInnes J. of the Queen’s Bench of Manitoba seemed incapable of taking seriously the Aboriginal title of the Métis under s. 31 of the Manitoba Act, 1870, and in no way thought of its explicit recognition as ‘a solemn commitment that must be given meaningful content’. For his part, if Scott C.J. of the Manitoba Court of Appeal was able to find a ‘cognizable Aboriginal interest’ in the expression ‘Indian title’, and thereby recognize to some extent Métis Aboriginal rights, he seemed incapable of conceiving such interests as title. This thesis is basically an attempt to ‘take seriously’ the common law Aboriginal title of the Métis. In order to do so, it first looks at the treatment of the concept of Indian title and the Royal Proclamation, 1763, in the lower courts throughout the infamous St. Catharine’s Milling and Lumber case. Subsequently, the existing common law doctrines of inherent Métis rights, those of the derivative rights doctrine, the empty box doctrine and the distinct Aboriginal people doctrine are all found to be inadequate to the task of providing cogency to the ‘constitutional imperative’ that was evoked in Powley. A fourth doctrine is therefore proposed, that of a Métis Autochthonous or Indigenous rights doctrine. In light of this, it is argued that the recognition of the ‘Indian’ title in s. 31 was not a mere ‘political expediency’ but is rooted in the underlying constitutional principle of the protection of minorities. Furthermore, insofar as the ‘Indian’ title of the Métis is taken seriously, it can be seen as having been extinguished through the federal power over ‘lands reserved for Indians’ under ss. 91(24). The legal implication is that they were, in the logic of the times, basically enfranchised ‘Indians’. Finally, by applying the grid established in Sioui for determining the existence of a ‘treaty’, it is argued that s. 31 is a ‘treaty’ or land claims settlement within the meaning of s. 35.
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Soman, Aruna Vijay. "A historical and cultural perspective of law and punishment in India." Thesis, Click to view the E-thesis via HKUTO, 2006. http://sunzi.lib.hku.hk/hkuto/record/B36771879.
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Ryan, Melissa Ann. "(Un)natural law: Women writers, the Indian, and the state in nineteenth-century America." Diss., The University of Arizona, 2004. http://hdl.handle.net/10150/290048.
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This project explores the intersecting discourses of the "Woman Question" and the "Indian Problem" from the market revolution of Jacksonian America through the early twentieth century. It examines how Indianness was legally and culturally constructed in the nineteenth century, from Jacksonian removal policy to the strategies of allotment and assimilation in later decades, identifying both legal and figurative parallels to the status of white women. As Native peoples were effectively erased under Anglo-American law, married women were likewise dispossessed by the laws of coverture, under which the identity of the wife was absorbed into that of her husband. Both white women and Native peoples experienced a form of "civil death"--or legal nonexistence--and both were deprived of personhood under the guise of protection. For women writers, then, Indian policy provided an opportunity to contemplate fundamental questions of citizenship, of personhood and property, of national and individual identity. Incorporating a wide range of texts, from the early nineteenth-century fiction of Lydia Maria Child and Catharine Maria Sedgwick to the later nineteenth-century writings of suffragist Matilda Joslyn Gage and anthropologist Alice Fletcher, this study explores the various tensions--between individual sovereignty and maternal moral authority, between the language of rights and the language of sentiment--that defined the relationship between nineteenth-century white women and their Indian others, and considers how the Anglo-American tradition of possessive individualism often prevented these women from making sense of their experience with Native cultures. This study concludes with an examination of how Native women writers responded to and made use of white women's constructions of the Indian Problem. S. Alice Callahan, author of the first known novel by a Native woman, and writer-activist Zitkala-Sa carefully constructed their stories in the terms set out by women's rights discourse, inviting a readership of white women to engage with the Indian cause as an extension of their own agenda. Ultimately, even as white women's rights activists sought to subordinate the Indian Problem or to appropriate the Indian, these Native writers found in the Woman Question a way of speaking for themselves.
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Poddar, Arup Kumar. "Conservation of natural resources and international law regime with special reference to Indian position." Thesis, University of North Bengal, 2006. http://ir.nbu.ac.in/handle/123456789/291.
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Sjöde, Linn. "Right to be and act Queer? : A descriptive analysis of how Indian LGBTQI activists framed Section 377 of the Indian Penal Code in order to challenge it, preceding the 2018 Indian Supreme Court verdict to overrule the law." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384554.
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This study aims to contribute to the under-researched area of LGBTQI activism in the ‘Global South’ by performing a case study of LGBTQI activism in India, a country that provides an intriguing setting in which a wide range of sexual expressions has developed over time with attitudes towards them varying alongside. Same-sex activities have since the 1860s been considered a penal offence under Section 377 of the Indian Penal Code but in September 2018, the Indian Supreme Court overruled the law and decriminalized same-sex conduct. Within this context, frame analysis has been applied to six petitions by LGBTQI activists, filed to the Indian Supreme Court between 2016 and 2018, to unveil how Section 377 was framed by these activists. Results from the study show that Section 377 of the Indian Penal Code was framed as intrinsically discriminatory, being violative of constitutional as well as human rights, together with an emphasis on how the law relegates the LGBTQI community to second-class citizenship. Within the dominant framing of the law as discriminatory, the activists engaged in highlighting the imposition of Victorian morals by the British as the origin of the issue, along with factors that have enabled the perseverance of the issue, including the phrasing of the law and court failure to adapt to societal and international change. The subsequent consequences of the law were portrayed as stigmatization and personal losses for members of the LGBTQI community, as well as a negative impact on the state economy. By emphasising such aspects of the law, the activists advocated for the Indian Supreme Court to the overrule Section 377.
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van, Zwieten Kristin. "The demise of corporate insolvency law in India." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:b19387d6-1a57-4e60-b46b-ca2c7a469afe.
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The subject of this thesis is the operation of corporate insolvency law in post-colonial India. Indian corporate insolvency law has been widely condemned as dysfunctional, critics complaining of extreme delays and a series of associated harms to creditors in the disposal of formal proceedings. Surprisingly little is known, however, about why the law has ‘failed’ creditors in this way - why the law operates as it does. That is the question that motivates this thesis. The thesis reports the results of an in-depth study of the introduction and development of India’s two principal insolvency procedures for corporate debtors: liquidation (under the Companies Act 1956) and rescue (under the Sick Industrial Companies (Special Provisions) Act 1985, for industrial companies). The most significant contribution made by the thesis is the reporting of new evidence of the influence of judges on the development of these two insolvency procedures over time, drawn from an original analysis of a large body of Indian case law. This evidence suggests that the role of the courts (or more specifically, the role of judges) has been significantly underestimated in previous attempts to explain the demise of corporate insolvency law in post-colonial India.
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Edwards, Alison Jane. "Grassroots Social Action and the National Museum of the American Indian." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:16461039.
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Museums are educational institutions that, historically, have often reflected dominant-culture biases in their treatment of religious artifacts and human remains from Native societies (Bal, 1996; Bieder, 1986, 1996; Bilosi & Zimmerman, 1997; Bray, 1995; Cornell, 1988; Edwards & Sullivan, 2004).
In 1989, the National Museum of the American Indian Act became law after years of sustained activism to protect basic human, cultural and civil rights for Native peoples, including the rights to religious freedom and equal protections for the sanctity of Native graves and Native dead. The Act established the Smithsonian National Museum of the American Indian (NMAI), recognized Native rights to specific categories of sensitive materials, and required Native participation and agency in the new organization, whose mission includes supporting the health and vitality of contemporary Native cultures.
This dissertation is a case study of the grassroots social action of Native Americans that uses Charles Vert Willie’s theory of grassroots social action to illuminate how and why the grassroots social action of Native Americans was successful in fulfilling the goal to reform museum practice through the enactment of federal law (Willie, Ridini, & Willard, 2008). My overarching research interest is how public educational institutions can transform themselves in response to the legislative demands and court orders for social justice initiated by grassroots population groups.
This historic case, examined through the lens of a well-formulated theory and involving the agency of grassroots social action and the transformation of museum policy, is of value and interest to many types of grassroots movements, both in education and in other social systems. In particular, knowledge of what obstacles activists faced and may continue to face, what strategies have successfully been employed to meet these obstacles, and what lessons have been learned by those involved in this unique case, can be of value to others who similarly seek to transform institutions in order to promote civil and human rights.Learning and Teaching