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Hatjikiriakos, Kyriakoula. "Financing the intangible : software as collateral in the North-American context." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32804.
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In the era of information technology, intellectual property assets are gaining important value and are becoming increasingly attractive in the sphere of commercial transactions. The case of software as collateral in the context of a financing transaction brings to the surface the various issues which a lender must face when engaging in an intellectual property-based secured transaction.<br>In the execution of such a transaction, the North-American intellectual property and secured financing legal regimes, currently in place, fail to procure the clear, certain and predictable results desired by lenders.<br>Whether at the initial stage of creation of a security interest on the software or in the final steps of its enforcement, these regimes do not reflect the commercial realities and necessities of the software industry, thereby increasing both challenges and risks for the lender.<br>The problems which the lender must face in the process of a software financing transaction will be examined through three Chapters. The first Chapter will focus on the creation and scope of a security interest on software, the second will examine its perfection and the third will address priority disputes involving competing interests in the software, as well as the enforcement of a security interest on software, both in the context of the debtor's default and in the event of its bankruptcy.
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Wang, Frederick. "Tax haven planning within the scope of the North American anti-avoidance legislation." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63890.
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Nadeau, Christian. "The regulation of foreign direct investment in Mexico and the North American free-trade agreement." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22506.
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This thesis*, after presenting an overview of Mexico, examines the new business environment prevailing in Mexico focussing on the laws and regulations affecting foreign investments and and foreigners in Mexico. It then compares Mexico's foreign direct investment (FDI) regulations with those of Canada and the United States in relation to the Canada-U.S. Free Trade Agreement of 1988. Since Mexico's FDI concerns and policies are similar those of Canada, this comparison provides useful perspectives for a prospective analysis of acceptable FDI regulations in a North American Free Trade Agreement (NAFTA).<br>The adoption by Mexico of industrialized country standards and principles has led to the negotiation of a NAFTA between Canada, the United States and Mexico. Further investment liberalization will be a major part of the price Mexico will need to pay for the sucessful conclusion of NAFTA. Such liberalization will benefit Mexico's development provided that it retains a few of the prevailing restrictions and the legal means to implement future policies on investment, thus ensuring for itself a part of the benefits of FDI. (Abstract shortened by UMI.) ftn*This thesis encompasses all regulations in place before March 31, 1992.
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Letendre, Martin. "Research with stored tissue samples of deceased persons : a North American perspective." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80938.
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In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America.<br>The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques.<br>The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation.<br>The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples.<br>The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.
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Kaplan, David M. "The impact of the abortion law controversy on North American human embryo research policy." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq29209.pdf.
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Rard, Romain. "Unraveling the legal standard applicable to cartels: a comparative study of European and North American antitrust." Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32561.
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In antitrust law, evidentiary requirements are classified as issues of substantive law or as issues of procedural law. But this dichotomy disconnects inseparable dimensions of the legal standard, a pivotal point of reference for corporations since it determines what is required to prove the existence of a cartel. This thesis aims at comparing the legal standard applicable to cartels in the United States, the European Union and Canada. It will be demonstrated how the legal standard enables courts to shape an increasingly economics-based antitrust policy. Two important values are then at stake: enforcement efficiency and legal fairness. These values, in the context of globalization, plead for improvements and a convergence of the standards: the United States must beware of the growing uncertainty in antitrust; Canada must expand the scope of per se provisions; the European Union must strive to clarify the standard of proof.<br>En droit de la concurrence, les normes de preuve sont rattachées au fond du droit ou à la procédure. Cette dichotomie restreint l'analyse juridique : elle isole des aspects inséparables du standard juridique, point de référence essentiel pour les entreprises car il détermine les éléments nécessaires à une qualification d'entente. Ce mémoire compare le standard juridique applicable aux ententes aux Etats-Unis, au Canada et dans l'Union Européenne. On y démontre que le standard permet aux juges de contribuer à une politique de concurrence toujours plus influencée par la science économique. Sont alors en jeu l'efficacité de l'application du droit et l'équité juridique. Dans le cadre de la mondialisation, cela incite à l'amélioration et à la convergence des standards : les Etats-Unis doivent remédier au manque de sécurité juridique croissant ; le Canada doit renforcer l'efficacité du droit de la concurrence ; l'Union Européenne devrait clarifier la norme de la preuve.
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King, Jeffrey Lyman de Witt. "The application of canon 1350 on decent support of priests to contemporary North American situations." Theological Research Exchange Network (TREN) Access this title online, 2004. http://www.tren.com.
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Humele, Peter Francis. "The withering of foreign ownership restrictions and the rise of competition in the North American Airline Industry." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23972.
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Powerful forces are transforming the air transport industry's structure. Airline deregulation, privatization, competition and globalization are forcing carriers and regulatory authorities to re-examine historically accepted beliefs. These developments are occurring within the broader context of States pursuing political and economic interdependence and free trade. As such, many nations have abandoned policies that protected specific industries from competition. Instead, countries the world over seek to enhance competition and increase consumer welfare through greater reliance on the marketplace. As governments relinquish their economic control over many industries, business's seek opportunities worldwide.<br>Civil aviation regulation is based upon the rule that each and every airline must be owned and controlled by a single State, or its nationals. True multinational airline companies are illegal. Thus, to gain the benefits associated with large scale operations and to better serve their customers, airlines are circumventing this restrictive rule through cross-border alliances.<br>Alliances are taking international co-operation to heights previously unknown. Carriers are rapidly integrating their operations and functioning as single economic units offering seamless air services. From such assimilations emerge de facto multinational airlines.<br>The global political and economic environments within which civil aviation functions have been radically altered in recent years. Air transport economics have also changed significantly since aviation's current regulatory framework was created in 1944. This increasingly dynamic industry is rapidly evolving beyond the existing legal regime based as it is upon strictly national carriers.<br>This thesis argues that regulatory authorities must act now and eradicate the anachronistic nationality rule. Permitting multinational airline ownership would eliminate the anti-competitive and highly restrictive bilateral exchange of air traffic rights, bring about free trade in air services and increase consumer benefits.
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King-Owen, Gregory S. "The People‘s Law: Popular Sovereignty and State Formation in North Carolina, 1780-1805." The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1304086385.
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Sotelo, Alejandro. "Enforcement of intellectual property rights and transfers in Mexico within the North American context." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78231.
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This dissertation analyzes the process of harmonization of intellectual property laws in Mexico within the North American context. It examines the political and economic driving forces behind such harmonization and the deregulation of technology transfer agreements. Furthermore, in the context of NAFTA, the dissertation studies, from the legal perspective, the problem of the enforcement of intellectual property rights in Mexico. Technical problems are identified and recommendations for the legal system are provided for the appropriate enforcement of intellectual property laws.
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Raymond, Megan C. "Rationalizing Voter Suppression: How North Carolina Justified the Nation's Strictest Voting Law." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/451.
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In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides, I find the rationales used to justify the law’s provisions to be unconvincing and misleading. This study confirms the speculation that new election law restrictions are first and foremost a Republican attempt to gain partisan advantage. Given this conclusion, I offer suggestions as to what factors might eventually shift the current era of election law legislation from one of restrictions, to one focused on creating efficient, accessible, modernized electoral systems that inspire citizen confidence regardless of partisanship.
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Barcelos, Cristina. "O poder normativo das agências reguladoras no direito norte-americano e no direito brasileiro : um estudo comparado." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2008. http://hdl.handle.net/10183/15501.
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Este trabalho apresenta, a partir de uma análise comparativa, o poder normativo das agências reguladoras no direito norte-americano e o poder normativo das agências reguladoras no direito brasileiro. Inicialmente, aborda os dois grandes sistemas jurídicos ocidentais: common law e romano-germânico. Após, analisa a origem, a definição e as principais características das agências reguladoras norte-americanas e das agências reguladoras brasileiras. Segue examinando no que consiste o poder normativo das agências reguladoras norte-americanas e o poder normativo das agências reguladoras brasileiras, em face das respectivas ordens jurídicas. Propõe, assim, identificar entre os dois modelos pontos comuns e divergentes, de modo a contribuir para a compreensão dos conceitos e institutos introduzidos nos últimos anos no plano político e jurídico do Estado brasileiro. This research presents, from a comparative analysis, the rulemaking power of the regulatory agencies in the North American law and the rulemaking power of the regulatory agencies in the Brazilian law. Initially, it deals with the two great occidental law systems: common law and German Romanic. Thereafter, it analyzes the origin, the definition and the main characteristics of the North American regulatory agencies and of the Brazilian regulatory agencies. It follows examining what the rulemaking power of the North American regulatory agencies and the rulemaking power of the Brazilian regulatory agencies consist of, regarding the respective law. Then, it proposes to identify common and divergent matters between the two analyzed models, so as to contribute to the comprehension of the concepts and institutions introduced in the past few years in the political and law order of the Brazilian State.
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Laporta, José Luis. "The standard of review under the North American Free Trade Agreement Chapter 19, a comparative study with particular emphasis on the law of Mexico." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64287.pdf.
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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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De, Icaza Aneiros Carlos. "The effects of the North American Free Trade Agreement on Mexican environmental laws and policies and their enforcement : evaluating six years of cooperation (1994-2000)." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31155.
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During the last fifty years trade liberalization has stimulated different levels of industrial and technological development and economic growth around the world. However, during that same period, the world has witnessed a rapid degradation of the environment and an excessive exploitation of natural resources. The urgency of the situation requires the reconciliation of trade liberalization and environmental protection goals.<br>In this context, on January 1, 1994, the North American Free Trade Agreement entered into between Canada, Mexico and the United States came into force. This agreement has significant environmental content and includes a side agreement on environmental matters. This new framework of environmental protection is serving to reconcile trade and environmental goals in the region, and is shaping the new legal framework for environmental protection and enforcement in Mexico.
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Smigelski, Jeffrey Ralph. "Water Level Dynamics of the North American Great Lakes:Nonlinear Scaling and Fractional Bode Analysis of a Self-Affine Time Series." Wright State University / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=wright1379087351.
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Siddiqui, Shariq Ahmed. "Navigating Identity through Philanthropy: A History of the Islamic Society of North America (1979 - 2008)." Thesis, Indiana University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3665939.
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<p> This dissertation analyzes the development of the Islamic Society of North America (ISNA), a Muslim-American religious association, from the Iranian Revolution to the inauguration of our nation's first African-American president. This case study of ISNA, the largest Muslim-American organization in North America, examines the organization's institution-building and governance as a way to illustrate Muslim-American civic and religious participation. Using nonprofit research and theory related to issues of diversity, legitimacy, power, and nonprofit governance and management, I challenge misconceptions about ISNA and dispel a number of myths about Muslim Americans and their institutions. In addition, I investigate the experiences of Muslim-Americans as they attempted to translate faith into practice within the framework of the American religious and civic experience. I arrive at three main conclusions. First, because of their incredible diversity, Muslim-Americans are largely cultural pluralists. They draw from each other and our national culture to develop their religious identity and values. Second, a nonprofit association that embraces the values of a liberal democracy by establishing itself as an open organization will include members that may damage the organization's reputation. I argue that ISNA's values should be assessed in light of its programs and actions rather than the views of a small portion of its membership. Reviewing the organization's actions and programs helps us discover a religious association that is centered on American civic and religious values. Third, ISNA's leaders were unable to balance their desire for an open, consensus-based organization with a strong nonprofit management power structure. Effective nonprofit associations need their boards, volunteers and staff to have well-defined roles and authority. ISNA's leaders failed to adopt such a management and governance structure because of their suspicion of an empowered chief executive officer.</p>
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Aaby, Makenzie Laron. "An Assessment of Sentencing Disparities among American Indians within the Eighth, Ninth, and Tenth Federal Circuit Courts." PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4459.
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Assessing the effect of race on crime is an important topic of criminology and criminal justice research. Prior investigations have sought to uncover if racial disparities exist within certain aspects of the criminal justice system, such as arrests, trials, and sentencing. The existing scholarship, however, has largely focused on assessing differences between Black and Hispanic offenders in relation to White offenders. There has been little academic exploration to examine if racial disparities exist among American Indian offenders during criminal justice processing. To address this gap in knowledge, this study analyzes data collected from the United States Sentencing Commission to assess if American Indians receive different sentencing outcomes, when compared to other racial groups. The findings from a series of binary logistic and ordinary least square regression analyses suggest that American Indians are sentenced to prison more often than White, Black, and Hispanic offenders, but receive similar sentence lengths compared to Whites and shorter sentence lengths compared to Blacks and Hispanics. The implications of these results are discussed.
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Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.
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Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making.
This thesis focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied?
For the first time, this thesis: proposes a comprehensive understanding of PRPs in IIAs by drawing notably on the General Agreement on Tariffs and Trade (“GATT”) Uruguay Round of negotiations and on the United States Bilateral Investment Treaty (“BIT”) Programme; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims based on PRPs in IIAs; analyses interpretation and application issues related to provisions that exempt government procurement from PRPs and to reservations that shield sensitive non-conforming measures or strategically important sectors from PRPs; and anticipates the application of most-favoured nation (“MFN”) treatment clauses to PRPs in the future.
Finally, this thesis formulates proposals that can help interpret and apply existing PRPs and draft future PRPs in a more deliberate and informed way.
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Hedberg, David-Paul Brewster. ""As Long as the Mighty Columbia River Flows"| The Leadership and Legacy of Wilson Charley, a Yakama Indian Fisherman." Thesis, Portland State University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10257445.
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<p> On March 10, 1957, the United States Army Corps of Engineers completed The Dalles Dam and inundated Celilo Falls, the oldest continuously inhabited site in North America and a cultural and economic hub for Indigenous people. In the negotiation of treaties between the United States, nearly one hundred years earlier, Indigenous leaders reserved access to Columbia River fishing sites as they ceded territory and retained smaller reservations. In the years before the dam’s completion, leaders, many of who were the descendants of earlier treaty signatories, attempted to stop the dam and protect both fishing sites from the encroachment of state and federal regulations and archaeological sites from destruction. This study traces the work of Wilson Charley, a Native fisherman, a member of the Yakama Nation’s Tribal Council, and great-grandson of one of the 1855 treaty signatories. More broadly, this study places Indigenous actors on a twentieth-century Columbia River while demonstrating that they played active roles in the protest and management of areas affected by The Dalles Dam. </p><p> Using previously untapped archival sources—a substantial cache of letters—my analysis illustrates that Charley articulated multiple strategies to fight The Dalles Dam and regulations to curtail Native’s treaty fishing rights. Aiming to protect the 1855 treaty and stop The Dalles Dam, Charley created Native-centered regulatory agencies. He worked directly with politicians and supported political candidates, like Richard Neuberger, that favored Native concerns. He attempted to build partnerships with archaeologists and landscape preservationists concerned about losing the area’s rich cultural sites. Even after the dam’s completion, he conceptualized multiple tribal economic development plans that would allow for Natives’ cultural and economic survival. </p><p> Given the national rise of technological optimism and the willingness for the federal government to terminate its relationship with federally recognized tribes, Charley realized that taking the 1855 treaty to court was too risky for the political climate of the 1950s. Instead, he framed his strategies in the language of twentieth-century conservation, specifically to garner support from a national audience of non-natives interested in protecting landscapes from industrial development. While many of these non-native partners ultimately failed him, his strategies are noteworthy for three reasons. First, he cast the fight to uphold Native treaty rights in terms that were relevant to non-natives, demonstrating his complex understanding of the times in which he lived. Second, his strategies continued an ongoing struggle for Natives to fish at their treaty-protected sites, thereby documenting an overlooked period between the fishing rights cases of the turn of the twentieth century and the 1960s and 1970s. Charley left a lasting legacy that scholars have not recognized because many of his visionary ideas came to fruition decades later. Finally, my analysis of Charley’s letters also documents personal details that afford readers the unique perspective of one Indigenous person navigated through a tumultuous period in the Pacific Northwest and Native American history.</p>
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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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Kinser, Jonathan A. "Beneath the Smoke of the Flaming Circle: Extinguishing the Fiery Cross of the 1920s Klan in the North." Case Western Reserve University School of Graduate Studies / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=case1491564321579784.
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Thome, Joseph. "Heading South But Looking North: Globalization and Law Reform In Latin America." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115814.
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Ault, Toby R. "THE CONTINUUM OF DROUGHT IN WESTERN NORTH AMERICA." Diss., The University of Arizona, 2011. http://hdl.handle.net/10150/204333.
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The continuum of western North American hydroclimate during the last millennium is analyzed here using instrumental records, proxy data, and global climate model (GCM) simulations. We find that variance at long timescales (low frequencies) is generally more substantial than variance at short timescales (high frequencies). We find that local sources of autocorrelation (e.g., soil moisture storage) likely explain the tendency for variance to increase from monthly to interannual timescales, but that variance at longer timescales requires remote climate sources of variability. Our analysis of global climate model data indicates that at least one fully coupled GCM can reproduce the characteristics of the continuum on short (interannual) and long (multicentury) timescales, but that proxy spectra and GCM spectra disagree about the amount of variance present on intermediate (decadal to centennial) timescales. Since instrumental records, as well as multiple independent types of paleoclimate records, provide evidence that variance increases with timescale at these frequencies, and because numerical experiments indicate that local autocorrelation is not a likely source of variance at these timescales, we argue that climate model simulations underestimate the full range of low-frequency drought variability. Moreover, the models may also underestimate the risk of future megadroughts, which we attempt to quantify using a new method that combines frequency information from observational data with projections of 21st century hydroclimate. Our results indicate that the risk of a severe, decadal-scale drought during the coming century is at least 1-in-10 for most of the US Southwest, and may be as high as 1-in-3. These findings should be incorporated into adaptation and mitigation strategies to cope with regional climate variability and climate change.
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Vernon, Allie Harrison. "Does Money Indeed Buy Happiness? “The Forms of Capital” in Fitzgerald’s Gatsby and Watts’ No One is Coming to Save Us." Chapman University Digital Commons, 2019. https://digitalcommons.chapman.edu/english_theses/7.
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Looking primarily at two critically acclaimed texts that concern themselves with American citizenship—F. Scott Fitzgerald’s The Great Gatsby and Stephanie Powell Watts’ No One is Coming to Save Us—I analyze the claims made about citizenship identities, rights, and consequential access to said rights. I ask, how do these narratives about citizenship sustain, create, or re-envision American myth? Similarly, how do the narratives interact with the dominant culture at large? Do any of these texts achieve oppositional value, and/or modify the complex hegemonic structure? I use Pierre Bourdieu’s “The Forms of Capital” to investigate the ways in which economic, cultural, and social capital are distributed amongst identity groups of citizens, focusing on its favorable distribution to white upper-class men. Interesting, too, is the way in which these texts relate with one another and evolve over time. As Fitzgerald reaffirms boundary rights to white upper-class social capital to longstanding wealthy white males, Watts celebrates the survival of black individuals through the hard-earned persistence of human connection. Ultimately, as Gatsby fails to repeat the past, Watts succeeds in rewriting it.
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Riva, Palacio Mariana. "Analysis of the legal framework on the use of foreign satellites : North America." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34017.
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Over the last years satellite communications remained as a government monopoly in most countries. Recently, that situation has changed and we have witnessed liberalization on trade in satellite services where governmental entities that provided satellite services were privatized. Also, countries started to allow the entry of foreign satellites to their markets.<br>The international scenario on trade in satellite services is of great relevance and it will be analyzed in this thesis. We will see Mexico's, Canada's and the US's specific commitments on satellite communications services made in the General Agreement on Trade in Services (GATS). Likewise, we will see Mexico's, Canada's and the US's background on satellite communications, and their regulatory framework on the use of foreign satellites will be analyzed.
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Childers, Rex A. "The Rationality of Nonconformity: the United States decision to refuse ratification of Protocol I Additional to the Geneva Conventions of 1949." Bowling Green, Ohio : Bowling Green State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=bgsu1214247432.
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Martínez, Juan Pablo 1973. "Resolution of antidumping and countervailing duty disputes in North America : the recent Mexican experience." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21692.
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For a developing country, such as Mexico, switching from a centralized economy to a market economy implied a political and cultural transformation that may only be compared to the encounter of two cultures occurred more than five centuries ago, when the Spanish colonizers arrived to "New Spain".<br>From a legal point of view, Mexico's signature of the North American Free Trade Agreement represents the deepest encounter of that country with representatives of the Common Law. Within this context, the differences between the two legal backgrounds can be specially perceived in the procedural features of the NAFTA. At a first glance, some of these differences in legal culture may be exacerbated to the point where an authentic middle ground might be impossible to find. However, a more detailed analysis of Mexico's institutions reveals that even those most complex features of Mexican law are compatible with the free trade movement if the interpreter decides to be compatible with the reality he lives in.<br>This thesis contains a detailed explanation of the path Mexico followed when modifying its industrial and commercial policy, as well as a description of the procedure contained in the NAFTA for solving disputes on antidumping and countervailing duties. The thesis ends with an assessment of Mexico's compliance with that part of the Agreement, both from a theoretical and a practical perspectives.
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Guzmán, Lozano Luz María. "Female labour in Mexico : a legal analysis comparing international and domestic law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.
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This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.
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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.<br>Arts, Faculty of<br>Political Science, Department of<br>Graduate
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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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Feehily, Ronan. "The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia." Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4606.
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Includes abstract.<br>Includes bibliographical references (leaves 288-340).<br>Mediation is not a novel process in South Africa. It was used as the primary method of dispute resolution in some traditional pre-indusrial societies. Corporate South Africa is beset by conflict and urgently requires processes such as mediation which dignify and empower participants to tackle commercial conflict at source. Statutes, case law, books, journals and numerous other publications were reviewed in order to assess the relevant issues in the development of commercial mediation and investigate how this process could become a viable alternative to arbitration and the court system in South Africa. Empirical research gleaned from interviews conducted in Cape Town and Johannesubrg reflects the experience of those who currently act as commercial mediators. The ultimate aim of this process is to reach agreement. In light of this extensive jurisprudence that has developed in this area in othe jurisdictions, careful drafting of agreements can go a long away in avoiding enforcement complications. The conversion of a settlement agreement into a judgment or award has proved useful on the small number of occasions when compliance with a settlement appears that it may be an issue. A delicate balance is required between supporting mediation, on the one hand, and not freezing litigation or upholding illegiality, on the other. Absolute rules or uniform statutes, while appearing to offer straightforward rules for an informal process, can in practice prove overreaching or inappropriate. A possible middle path could protect mediation confiddentiality and also allow evidence about the mediation to be admitted in limited curcumstances to be specified by the court on a case-by-case basis.
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Penner, Ann E. "An examination of rule change, the evolution of trade remedy laws in North America." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0005/NQ32348.pdf.
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Penner, Ann E. (Ann Elizabeth) Carleton University Dissertation Political Science. "An examination of rule change; the evolution of trade remedy laws in North America." Ottawa, 1997.
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Barron, Marcia Hoyle. "Finding our way : paths to justice reform in an Aboriginal community /." *McMaster only, 1998.
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Waters, Ian Benjamin. "Australian conciliar legislation prior to the 1917 Code of Canon Law: A comparative study with similar conciliar legislation in Great Britain, Ireland, and North America." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5997.
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Ayuso, Villaseñor Horacio. "Antidumping in North America : analysis from a Mexican perspective with emphasis on NAFTA Chapter 19." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78199.
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The increase of antidumping measures could represent a source of mounting frictions in the trading systems among Canada, United States and Mexico. Mexico is an active user of antidumping measures suggesting that both private sector groups and government policy makers have found antidumping measures to be a convenient response to the pressures of import competition.<br>In the last two decades, Mexico has opened its economy to international commerce. Nevertheless, its economy and legal system are not comparable to those of the United States or Canada, although it has adopted analogous antidumping laws. The Mexican antidumping practice is based today on common law practices influencing civil law formalities. In the NAFTA context, more specifically, in its Chapter 19, legal problems facing the binational panel review system have arisen from Mexico's different legal tradition, notably in the areas of transparency and procedural issues, standard of review, parallel amparo and the power of panel vis-a-vis national courts. The procedural requirements of the Antidumping Agreement prove a challenge for Mexico and will likely lead to trade disputes concerning procedure because it lacks the tradition of administrative and legal process.
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Carrillo, Cruz Carlos Mauricio. "North American Monsoon Variability from Paleoclimate Era to Climate Change Projection: A Multiple Dataset Perspective." Diss., The University of Arizona, 2014. http://hdl.handle.net/10150/338900.
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In the southwestern United States, the North American monsoon (NAM) is the main driver of severe weather and accounts for nearly half the annual precipitation. How the monsoon has behaved in the past and how it will change in the future is a question of major importance for natural resource management and infrastructural planning. In this dissertation, I present the results of three studies that have investigated North American monsoon variability and change from the perspective of paleoclimate records, future climate change projections, and simulation of the low-frequency variability with the longest retrospective atmospheric reanalysis. In the first study, a monsoon-sensitive network of tree-ring chronologies is evaluated within its ability to reproduce NAM variability during the past four centuries. Matrix methods are used to detect the low-frequency spatiotemporal variability. The treering chronologies can reasonable characterizes the dominant modes of NAM climate variability. The monsoon tree-ring network is able to reproduce the interannual variability of cool and warm season precipitation, in a manner similar to the period of the instrumental record. Earlywood and latewood adjusted chronologies reveal low frequency climate variability at decadal and longer timescales that is beyond the ability of the instrumental record to temporally well resolve. This low-frequency climate variability seems to be part of a much larger cycle that coincides with the occurrence of multiyear persistent droughts. In the second study, we consider the modes of natural climate variability identified in the previous study to objectively assess the degree of physical uncertainty in climate change projections for NAM from Regional Climate Models (RCMs) used in the North American Regional Climate Change Assessment Program (NARCCAP). Climate change projection models are evaluated mainly on their ability to represent warm season driven by quasi-stationary Rossby wave trains and El Niño Southern Oscillation – Pacific Decadal Variability (ENSO-PDV). It is concluded that use of the NARCCAP model ensemble mean for NAM climate projections is probably not suitable. NARCCAP RCMs are largely a slave to their driving global models and their error in the specification of large-scale atmospheric circulation. Only one out of eight NARCCAP RCMs has a reasonable representation of the seasonal cycle of monsoon precipitation and ENSOdriven interannual variability in both the 20th and 21st centuries. No decadal variability was observed in any of the NARCCAP RCMs. In the third study, the low-frequency drought signal found with tree-ring chronologies is further explored within the framework of a regional climate modeling. Version 2 of the Twentieth-Century Reanalysis (DD-20CR) is dynamically downscaled over a contiguous U.S.-Mexico domain. Statistic analysis of the DD-20CR suggests that the low-frequency drought signal in the Southwest is driven by atmospheric circulation changes on global to continental scales that affect precipitation in Central American as well. DD-20CR reproduces the spatial patterns of precipitation associated with climate variability at decadal and longer timescales in a manner that compares well with observational records and tree-ring chronologies. Low-frequency climate variability is therefore likely responsible for the multiyear persistent droughts in the last four centuries, as independently evaluated from the tree-ring monsoon-sensitive network.
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Wright, Anthony Tannus. "Base filosófica da liberdade política anglo-saxônica e da liberdade política francesa e sua presença no constitucionalismo norte- americano." Pontifícia Universidade Católica de São Paulo, 2013. https://tede2.pucsp.br/handle/handle/6205.
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Previous issue date: 2013-08-29<br>This work aimed to discuss the philosophical basis of the Anglo-Saxon political liberty and the French
Political liberty present in the North-American Constitutionalism. The first part of this research dealt
with the historical, religious and political changes that culminated in a substantial mentality change of
a theocentric medieval society to an anthropocentric society, founder of the modern state. Hence, the
objective of this first part was to show the historical roots of the English and French liberal thought.
Before discussing the central theme a political and philosophical comparison between the English,
French and American Revolution was done. With this purpose the writings of Locke, Montesquieu,
Rousseau, Blackstone, and of other liberal theorists served as reference. Furthermore, to better
comprehend the difference of English and French liberalism an investigation of what the terms
government, political liberty, state and republic, etc., seemed necessary. A historical and political
study of the common law tradition and of natural rights served to better elucidate the basis of the
American Constitution. To end, a research on the Founding Fathers and on the Federalist Papers was
key point to comprehend how one should read and interpret the Constitution in light with English
classical liberalism<br>Este trabalho trata da base filosófica da liberdade política anglo-saxônica e da liberdade política
francesa presentes na Constituição norte-americana. Para tanto, a primeira parte do trabalho abrange
os aspectos históricos, religiosos e políticos que culminaram na mudança de mentalidade teocêntrica
da sociedade medieval para antropocêntrica, criadora do Estado moderno. Assim, o objetivo desta
primeira parte é mostrar as raízes históricas do pensamento liberal inglês e francês. Ainda antes de
adentrar o tema central, procura fazer uma breve comparação filosófica e política entre a Revolução
Inglesa, Francesa e Americana. Com esse intuito, as obras de Locke, Montesquieu, Rousseau e
Blackstone, entre os escritos de outros pais do pensamento liberal, serviram como referência.
Aborda-se também, ao longo do trabalho, a compreensão da liberdade política pelo liberalismo
francês e inglês, governo, estado, república etc. Ainda, no que diz respeito à Constituição norteamericana,
é estudada a base histórica e política, a importância do common law e do natural rights.
Por fim, ao tratar dos Founding Fathers e dos Federalist Papers pode-se descobrir a presença do
pensamento político inglês, e como deve ser interpretada a constituição à luz destes princípios
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Walters, Samuel P. "Legal Associations: Modern United States Indian Policies and their Seventeenth-Century Antecedents." Thesis, Virginia Tech, 2006. http://hdl.handle.net/10919/33427.
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After establishing its first permanent colony in North America, the English government in the seventeenth-century began creating a legal context for their relationship with the Native Americans living in close proximity to the colonists. In a similar fashion, the United States government, immediately following independence from Great Britain, focused on developing policies to address its legal relationship with the Native American nations that resided within and on the borders of the United States. By examining the statutes, treaties, and court rulings regarding North American Indians used by both the United States and England, this thesis will highlight the close similarities that exist between modern federal policies and seventeenth-century English policies. Each chapter focuses on an important modern United States Indian policy and then presents corresponding evidence from seventeenth-century legal sources.<br>Master of Arts
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Oliveira, Gustavo Rezende de. "Testando a existência de efeito lead-lag entre os mercados acionários norte-americano e brasileiro." reponame:Repositório Institucional da UnB, 2008. http://repositorio.unb.br/handle/10482/1200.
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Dissertação (mestrado)—Universidade de Brasília, Faculdade de Economia, Administração, Contabilidade e Ciência da Informação e Documentação, 2008.<br>Submitted by Jaqueline Oliveira (jaqueoliveiram@gmail.com) on 2008-11-28T15:03:54Z
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DISSERTAÇÃO_2008_GustavoRezendeDeOliveira.pdf: 1119317 bytes, checksum: ad87b0ceda5087c324b041c9bd460b08 (MD5)<br>Este trabalho tem por objetivo identificar a existência do efeito lead-lag entre o mercado
acionário norte-americano, representado pela bolsa de valores de Nova York (NYSE), e o
mercado acionário brasileiro, representado pela bolsa de valores de São Paulo (BOVESPA), ou seja, se os movimentos de elevação ou queda de preços na NYSE são seguidos, em média, por movimentos similares na BOVESPA, o que possibilitaria um certo grau de previsibilidade do valor dos ativos negociados no mercado brasileiro, permitindo assim a ocorrência de
oportunidades de arbitragem. A existência deste efeito indica uma relativa segmentação entre os mercados, possibilidade inexistente na Hipótese do Mercado Eficiente (HME), segundo a qual os preços dos ativos são imprevisíveis. O estudo compreendeu o período de julho de 2006 a setembro de 2007, com utilização de dados dos índices Dow Jones e Ibovespa com freqüência intradiária de um minuto. Foi identificada a co-integração entre os dois mercados pelos testes de Engle e Granger e de Johansen, bem como a existência de causalidade bidirecional, por meio do teste de Causalidade de Granger. Os mercados se mostraram segmentados pelos resultados obtidos pelas regressões utilizando VECM, TSLS (Two Stage
Least Squares) e GARCH, que mostraram que o retorno da BOVESPA é, em grande parte, explicado pelo movimento da NYSE em minutos anteriores. Os resultados divergem do pressuposto da HME de que não seria possível prever o valor de uma ação. No entanto, os resultados do trabalho mostraram que a realização de arbitragem com base no efeito lead-lag não é economicamente viável em decorrência dos custos de transação.
_______________________________________________________________________________________ ABSTRACT<br>This study is aimed at identifying the existence of lead-lag effects between the US stock market, represented by the New York Stock Exchange (NYSE), and the Brazilian stock market, represented by the Sao Paulo Stock Exchange (BOVESPA), i.e. whether upward and downward price movements in the NYSE are followed, on average, by similar movements in BOVESPA, which would make possible a certain degree of predictability of stock prices in the Brazilian market thus allowing arbitrage opportunities. The existence of that effect would indicate a relative segmentation between these two markets, which would violate the Efficient
Market Hypothesis, according to which stock prices are unpredictable. The sample comprised the period from July 2006 to September 2007, using data on the Dow Jones Industrial Average Index (DJIA) and the Bovespa Stock Index (IBOVESPA) within the intraday frequency of one minute. Cointegration between the two markets was identified by means of the Engle-Granger and the Johansen tests, as well as the existence of bi-directional causality, by means of the Granger causality test. The results obtained from VECM, TSLS and GARCH regressions showed that the two markets are segmented and that the IBOVESPA returns are, to a large extent, explained by the stock price ovements in NYSE which occur some
minutes before. The results diverge from the HME assumption that stock prices are
unpredictable. However, the results also show that the practice of arbitrage based on the leadlag effects are not economically feasible due to transaction costs.
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Williams, Jared L. "American Lawn Addictions: Effects of Environmental Education on Student Preferences for Xeriscaping as an Alternative in North Central Texas, USA." Thesis, University of North Texas, 2019. https://digital.library.unt.edu/ark:/67531/metadc1505240/.
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Urban land use and land cover has changed in the USA, giving rise to the American lawn – manicured, resource-intensive, and non-native. Green infrastructure design has been suggested in the literature as a potential alternative to the American lawn when managed as native xeriscapes, which require little to no irrigation after establishment. Given the influence of public preference on landscaping decisions, what is the relationship between the perceived value and ecological benefits of the American lawn compared to such alternatives? Few studies have explored this question in addition to the effects of college courses on influencing student preferences, as future stakeholders, towards native xeriscapes as alternatives to the American lawn. This research measured the effects of an introductory environmental education (EE) course on measurably influencing undergraduate student preferences for four xeriscapes as alternatives to the American lawn. To measure these effects, this study utilized the perceptions of 488 students enrolled in an indirect introductory EE course and 131 students enrolled in an introductory non-EE course. Three key results emerged from this research. Students preferred the American lawn more than xeriscape alternatives, irrespective to course enrolled. Introductory non-EE did not have an effect on student preferences, whereas indirect introductory EE did show some effects on student preferences. Lastly, student preferences were negatively associated with NPP per photosynthetically active square meter. The data from this study suggests that indirect introductory EE does not shift aesthetic landscape preferences towards pro-environmental alternatives. These results show promise for shifting such preferences via more direct EE approaches.
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Tassinari, Clarissa. "Ativismo judicial: uma análise da atuação do Judiciário nas experiências brasileira e norte-americana." Universidade do Vale do Rio dos Sinos, 2011. http://www.repositorio.jesuita.org.br/handle/UNISINOS/3522.
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Previous issue date: 2012<br>Nenhuma<br>Acompanhando uma tendência mundial, o constitucionalismo brasileiro é caracterizado pelo acentuado papel da jurisdição na definição das controvérsias sociais e políticas. Neste contexto, a atuação de juízes e tribunais passa a ser compreendida sob um duplo viés: como judicialização da política ou ativismo judicial. O objetivo deste trabalho é, ao diferenciar estes dois modos de conceber a atividade jurisdicional - considerando o primeiro como um fenômeno contingencial e inexorável, e o segundo como uma postura que decorre de um ato de vontade do julgador , colocar em xeque a afirmação de que é necessário a existência de um Judiciário ativista para concretizar direitos no Brasil, posicionamento que predomina no âmbito da doutrina constitucional do país. Para tanto, o caminho a ser percorrido passa por uma retomada dos contributos apresentados pelas teorias jurídicas e políticas norte-americanas, tendo em vista as influências que passaram a exercer no âmbito do direito brasileiro e o amplo debate realizado sobre o tema nos Estados Unidos, desde o estabelecimento do controle de constitucionalidade (em 1803). Sob esta perspectiva, serão demonstradas as consequências da incorporação equivocada que houve no Brasil do ativismo judicial estadunidense, evidenciando a importância de se observar o distanciamento provocado pelas peculiaridades que há entre estas duas tradições jurídicas. Tudo isso conduzirá, ao fim, à afirmação do perfil ativista do Judiciário como um problema ao constitucionalismo democrático, que somente pode ser enfrentado em face da existência de uma teoria da decisão judicial, tal qual a desenvolvida pela Crítica Hermenêutica do Direito (CHD) de Lenio Streck, que, em uma imbricação de Hans-Georg Gadamer e Ronald Dworkin, culmina na afirmação da necessidade de respostas corretas no Direito, compreendidas como decisões judiciais constitucionalmente adequadas.<br>Following a worldwide tendency, Brazilian constitutionalism is characterized by the important role of the Judicial power in defining social and political controversies. In this context, the role of judges and courts can be understood as twofold: as judicialization of politics or judicial activism. This study intends to question the assertion that is necessary to have an activist judiciary to confer rights in Brazil, which is a predominant position within the constitutional legal scholarship by differentiating these two ways of conceiving judicial review - the first as a contingent and inexorable phenomenon, and the second as a posture that results from an act of will of the judge. To achieve this purpose, the study inquiries the revival of American legal and political theories, that influenced Brazilian law, alongside the extensive/comprehensive debate on the subject in the United States since the establishment of judicial review (in 1803). Within this perspective, the study elaborates on the consequences of this mistakenly incorporation of American concept of judicial activism in Brazil, highlighting the importance of observing the peculiarities caused by the distance that exists between these two legal traditions. Finally, this will lead to the assertion that an activist judiciary represents a problem to democratic constitutionalism, which can only be tackled with a theory of judicial decision, as developed by the Hermeneutical Critics of Law (HCD) developed by Lenio Streck, with an overlapping of Hans-Georg Gadamer and Ronald Dworkin, culminates in the premise of the necessity of right answers in law, understood as constitutionally adequate judgments.
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Ponce, Anita Vanessa. "How Indigenous Child-Removal Practices in PostWar North America Helped Lay a Foundation for Contemporary Migrant Family Separation Policies in the United States of America." Thesis, Högskolan Dalarna, Historia, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:du-35039.
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The United States of America was founded on imperialist ideals that favoured European protestant values and blood. Meanwhile the Native peoples of the lands on which the very country was founded were treated as a “problem”. In times of conflict children are often the most vulnerable group, suffering great trauma and distress. This paper has outlined the origins of policies that would exploit and traumatise Native American children by removing them from their families, effectively violating their rights. Evidence is presented through historical analysis that these practices are so ingrained in the American political system that is was with relative easy that contemporary policies were passed, that would violate the human rights of Indigenous blooded immigrant children by forcibly separating them from their parents and subjecting them to subhuman conditions in migrant detention centers along the US-Mexico border.
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Almeida, Giancarlo Michel de. "Em busca da tradição ocidental no século xx : a filosofia política crítica de Gerhart Niemeyer e o conservadorismo norte-americano." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2013. http://hdl.handle.net/10183/87742.
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Após a primeira metade do séc. XX, tem ocorrido uma revolução na Filosofia Política, Jurídica e Moral. A partir da rejeição do projeto racionalista da modernidade, Filósofos pós Segunda Guerra tentam recuperar o que se havia perdido na modernidade, que são os preceitos da Filosofia Política clássica, da tradição Ocidental, da transcendência judaicocristã. Destacamos Gerhart Niemeyer para a compreensão do papel do conservadorismo nesse debate. Consideramos que sua Filosofia amadurece até um conservadorismo moderado em três fases: funcionalismo imanentista e crítica à modernidade, anticomunismo e, então, a definição de Filosofia Política conservadora. Sua crítica se desenvolve identificando a raiz moderna das ideologias do séc. XX: na rejeição do divino e da ordem existente, materialismo, a ideia (dialética) de luta de classes, positivismo e jus naturalismo moderno, ativismo revolucionário daí resultante, bem como no historicismo moderno. Seu principal conceito, “total critique”, denuncia que as ideologias modernas possuem caráter político apenas destrutivo, pois requer a destruição do mundo existente (construído na realidade da experiência humana e baseado no Direito Natural transcendente) para a realização de uma natureza humana idealizada e utópica, ou seja, irrealizável. Assim, após a fragmentação da Tradição Ocidental, para reconstruir uma ordem legítima e fundamentada é necessário atentar para ideias como: a tradição Ocidental e o Direito Natural, a identidade e passado público, mito fundador, “realm” como unidade política, moral e limites em função do mito, virtudes existenciais da comunidade, consenso de valores (homonoia), bem como a capacidade crítica necessária para manter a continuidade da unidade cultural em uma democracia. Então, destacamos a importância do conservadorismo americano nesse movimento. Observamos que sua experiência acadêmica e política, ao longo da Guerra Fria, estão no contexto do conservadorismo norte-americano. Contudo, seu conservadorismo é diferente, devido a sua crítica ao liberalismo e a Direita, delineando um conservadorismo moderado.<br>After the first half of the 20th century there is a revolution in Political, Legal and Moral Philosophy. From the rejection of the rationalist project of modernity, post Second War philosophers try to recover what was lost in modernity, which are the precepts of classical Political Philosophy, on Western tradition, on the Judeo-Christian transcendence. Featuring Gerhart Niemeyer on the understanding the role of conservatism on this debate. We consider that his philosophy matures to a moderate conservatism in three phases: immanentist functionalism and critique of modernity, anticommunism, and then the definition of conservative political philosophy. His critique analysis is developed on identifying the modern root of 20th century ideologies: the rejection of the divine and the existing order, the materialism, the (dialectic) idea of class struggle, positivism and modern jusnaturalism, the resulting revolutionary activism, as well as the modern historicism. Its main concept, "total critique" shows off that modern ideologies have only destructive political character, because it requires the destruction of the existing world (founded in the reality of human experience and based on the sound transcendent Natural Law) to conduct an idealized and utopian human nature, which is unrealizable. So, after the fragmentation of Western Tradition, to rebuild a lawful and reasoned order it is necessary to look after ideas such: the public identity and public past, the founding myth, "realm" as political unit, moral and limits concerning the myth, existential virtues of community, common sense values (homonoia), as well as the necessary critic skill to keep the abidance of the cultural unity in a democracy. Then, we point the importance of American conservatism over this postmodern movement. We found that his academic and politics experience, throughout the Cold War, are within the context of American conservatism. However, his conservatism is different for his critique of liberalism, which means a moderate conservativism.
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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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Medeiros, Eugenio Mariano Fonseca de. "Requiescat in park: o Central Park de Nova Iorque sob a ?tica do cinema Norte - americano." Universidade Federal do Rio Grande do Norte, 2014. http://repositorio.ufrn.br/handle/123456789/20008.
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Previous issue date: 2014-12-15<br>Tomando como ponto de partida a Teoria do Ambiente Restaurador (TAR), criada por Frederick Law Olmsted em meados do s?culo XIX, segundo a qual, os parques urbanos podem contribuir significativamente para a solu??o dos problemas advindos do crowding, particularmente o estresse urbano, analisamos como a TAR chegou ao s?culo XXI, tendo como foco de an?lise o Central Park de Nova Iorque (CP). Considerando que o CP e o cinema foram criados mais ou menos ? mesma ?poca, questionamos: (1) se as propostas do projeto de Olmsted para o CP, atendem ?s demandas do s?culo XXI e, caso tenham apresentado modifica??es, quais foram e como se deram; e (2) se, como ferramenta contempor?nea, o cinema apresenta/representa essas modifica??es ou perman?ncias. Respondendo a estas quest?es, defendemos duas hip?teses: (H1) embora mesmo na ?poca de sua execu??o j? tenha havido ajustes e modifica??es, o projeto do CP manteve-se fiel ?s premissas da teoria, propiciando os efeitos restauradores previstos pela TAR; (H2) o cinema ? uma ferramenta adequada ? documenta??o e verifica??o da TAR no CP, tanto devido ao contexto cultural comum que os gerou, quanto pela rela??o existente entre eles. O principal objetivo da tese foi, portanto, compreender semelhan?as e diferen?as entre os ideais do s?culo XIX que geraram o CP e o modo como o cinema do s?culo XXI representa sua atual utiliza??o. Metodologicamente, a tese recorreu ? an?lise bibliogr?fica e documental para subsidiar os cap?tulos iniciais e ao cinema como instrumento anal?tico destinado ? investiga??o da TAR. Os resultados referendam a H2, pois o cinema mostrou-se uma ferramenta adequada a esta pesquisa, por?m, n?o confirmou-se plenamente a H1, uma vez que, embora o projeto do CP mantenha-se relativamente intacto e fiel ? TAR (propiciando os efeitos restauradores), v?rios dos comportamentos que caracterizam a contemporaneidade n?o foram previstos anteriormente, o que se evidencia com rela??o ? pr?tica esportiva, ? maci?a presen?a feminina e, sobretudo, ? criminalidade.<br>Taking into account the Environmental Restorative Theory
(ERT)
, created by
Fre
derick Law Olmsted in mid XIX ce
ntury
, according which, urban parks can
contribute to solve problems arisen from
crowding
, particularly urban stress, we analize
how the ERT arrived at XXI century, having as approach the evaluation of New York
Central Park (CP).
Considering that the CP and the
cinema were born around at the
same, we question if the North American cinema produced between 1960 and 2013
show the ideals, which engendered the CP. By answering this question we defend the
hypothesis
that, even though has existed adjusts and modificati
ons in the CP plan
through time, it kept reasonably faithful to the ERT premises, propitiating to the XX
and XXI centuries cinema identify and bring forth the presence of the Olmsted?s Ideals
in the present days. The thesis main
objective
was nonetheless u
nderstand similarities
and/or differences between the XIX century ideals (that gave birth to CP) and the way
the cinema represents the present uses of the place, taking into account that the
Olmstedian ERT proposal have survived to the context changes (soc
ial, economic,
political and cultural).
Methodologically
,
we drew upon bibliographical and
documental analysis to build the first chapters and to the cinema as analytical lenses to
investigate the ERT. The
results
point that although the CP plan has kept r
elatively
intact and faithful to the ERT
?
with the presence of natural elements in the films
(notably vegetation and water)
?
many of contemporary
behaviors were not foreseen
previously, especially in relation to sports practice, the massive feminine pres
ence, as
well as criminality.
48
Dupuis-Rossi, Riel. "Modernizing colonialism : an examination of the political agenda of the First Nations Governance Act (2002)." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112335.
Full textAbstract:
In this thesis, I argue that the First Nations Governance Act (FNGA) shares the colonial aspirations of other pieces of historical legislation in the Canadian context. The FNGA attempted to have First Nations' local governing structures mirror those of the Canadian state. As a result, this piece of legislation fails to recognize and respect the jurisdictional authority of First Nations over their own internal socio-political structures and systems. The FNGA is therefore a colonial assault on First Nations' jurisdiction in the realm of governance undermining the right to self-government and self-determination of First Nations.<br>I demonstrate this by examining three major issues dealt with in the FNGA: the status of historical and modern Canada-First Nations treaties, the jurisdiction of First Nations governance authority as well as control over band membership and Indian status classification systems.
49
SIMON, MICHAEL PAUL PATRICK. "INDIGENOUS PEOPLES IN DEVELOPED FRAGMENT SOCIETIES: A COMPARATIVE ANALYSIS OF INTERNAL COLONIALISM IN THE UNITED STATES, CANADA AND NORTHERN IRELAND." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183996.
Full textAbstract:
The purpose of this dissertation was to compare British policy towards Ireland/Northern Ireland and United States and Canadian Indian policies. Despite apparent differences, it was hypothesized that closer examination would reveal significant similarities. A conceptual framework was provided by the utilization of Hartzian fragment theory and the theory of internal colonialism. Eighteen research questions and a series of questions concerned with the applicability of the theoretical constructs were tested using largely historical data and statistical indices of social and economic development. The research demonstrated that Gaelic-Irish and North American Indian societies came under pressure from, and were ultimately subjugated by colonizing fragments marked by their high level of ideological cohesiveness. In the Irish case the decisive moment was the Ulster fragmentation of the seventeenth century which set in juxtaposition a defiant, uncompromising, zealously Protestant, "Planter" community and an equally defiant, recalcitrant, native Gaelic-Catholic population. In the United States traditional Indian society was confronted by a largely British-derived, single-fragment regime which was characterized by a profound sense of mission and an Indian policy rooted in its liberal ideology. In Canada the clash between two competing settler fragments led to the victory of the British over the French, and the pursuit of Indian policies based on many of the same premises that underlay United States policies. The indigenous populations in each of the cases under consideration suffered enormous loss of land, physical and cultural destruction, racial discrimination, economic exploitation and were stripped of their political independence. They responded through collective violence, by the formation of cultural revitalization movements, and by intense domestic and international lobbying. They continue to exist today as internal colonies of the developed fragment states within which they are subsumed.
50
Stamford, Matthew Charles. "The use of law in the destruction of indigenous religions in Canada and the United States : a comparative perspective." Thesis, University of Sussex, 2012. http://sro.sussex.ac.uk/id/eprint/41021/.
Full textAbstract:
This thesis will be a historical and comparative treatment of the way law has been applied in both an assimilative and proscriptive manner to destroy Indian religions in the United States and Canada. By producing the first such comparison, it is hoped that the emphasis on different outcomes may promote the cross-border adoption of alternative legal strategies, and ultimately provide something that may have potential as advocacy. The Nineteenth Century saw attempts by the North American governments, often motivated by revulsion, to homogenise their native populations with illegitimate, often illegal and sometimes un-constitutional laws, aimed at the suppression of their religions. In the Twentieth Century there was less overt proscription but rather an acquisitive attitude to native cultural and sacred artefacts which continues to have a destructive impact on their religious practices. Although there have been sporadic attempts to reverse this treatment by repatriating some of these objects, such gestures have come at little governmental cost. It is the continuing restrictions on Indian prayer at sacred sites, often motivated by opposing commercial interests, which reveal the true extent of the forfeit the governments are prepared to pay. An essential part of this study will be an investigation into how international legal doctrines that were ultimately derived from Christianity were introduced into North America to deprive the indigenous peoples of their legal rights. International Law on indigenous peoples will then be re-examined in the present era for doctrines that can be re-incorporated in order to reverse this colonisation. The seminal United Nations Declaration on Indigenous Peoples (2007), together with other more substantive and binding International Law, will be critically assessed for their potential to bolster domestic law and its ambivalent attitude to Indian religious freedom.