Tesis sobre el tema "Civil rights - discrimination"
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1
Howard, Tamura Dawn. "The politics of civil rights framing the debate over access to higher education /". Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1798967311&sid=16&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Liu, Chi-hang y 廖智行. "HIV/Aids-related stigma and discrimination: the case of Hong Kong". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31250701.
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Pierro, Joseph. "Everything in My Power: Harry S. Truman and the Fight Against Racial Discrimination". Thesis, Virginia Tech, 2004. http://hdl.handle.net/10919/9901.
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Any attempt to tell the story of federal involvement in the dismantling of America's formalized systems of racial discrimination that positions the judiciary as the first branch of government to engage in this effort, identifies the 1954 Brown v. Board of Education decision as the beginning of the civil rights movement, or fails to recognize the centrality of President Harry S. Truman in the narrative of racial equality is in error.
Driven by an ever-increasing recognition of the injustices of racial discrimination, Truman offered a comprehensive civil rights program to Congress on 2 February 1948. When his legislative proposals were rejected, he employed a unilateral policy of action despite grave political risk, and freed subsequent presidential nominees of the Democratic party from its southern segregationist bloc by winning re-election despite the States' Rights challenge of Strom Thurmond. The remainder of his administration witnessed a multi-faceted attack on prejudice involving vetoes, executive orders, public pronouncements, changes in enforcement policies, and amicus briefs submitted by his Department of Justice.
The southern Democrat responsible for actualizing the promises of America's ideals of freedom for its black citizens is Harry Truman, not Lyndon Johnson. The shift in white American opinion necessary for the passage of the civil rights acts of the 1960s was generated by the cumulative effects of actions taken between 1945 and 1953.Master of Arts
4
Johnson, Laura S. "GENDER DISCRIMINATION AND TITLE IX IMPLEMENTATION: LESSONS FROM THE OFFICE FOR CIVIL RIGHTS RESOLUTION LETTERS 1997-2011". UKnowledge, 2015. http://uknowledge.uky.edu/epe_etds/32.
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Gender discrimination, such as sexual harassment, sexual assault and inequitable treatment has long been considered a prominent issue on higher education campuses and is regulated under the Patsy Takemoto Mink Equal Opportunity in Education Act, commonly known as Title IX. Title IX is enforced by the Department of Education’s Office for Civil Rights (OCR) who responds to gender discrimination complaints on campus through investigations resulting in what are called OCR Resolution Letters. These letters define numerous policies and procedures Institutions of Higher Education (IHE) must put in place pertaining to the prevention of gender discrimination. This qualitative study looks specifically at the ways that gender discrimination on campuses of higher education was defined by the OCR from 1997-2011. The study explores the research questions (1) How have the types of conduct determined to be gender discrimination changed over time? (2) How have expectations of IHE responsibilities for gender discrimination issues changed over time? and (3) What gender discrimination issues have surfaced as priorities in the implementation of Title IX, as reflected in OCR resolution letters?
Analysis of the letters using a social construction framework demonstrates that while the definitions of specific types of gender discrimination remained constant, the context in which they occur and the types of behaviors determined to be gender discrimination have both expanded in response to societal attitudes. The OCR tends to take the stance of being an ally vs. a punishing body when aiding IHEs in implementing Title IX; however IHE’s required investment in addressing the problem in both response and preventive measures has grown. Finally, OCR Resolution letters demonstrate that student on student interactions have been less common than faculty on student interactions. Implications for IHE practices and future research are discussed.
5
Lopez, Victor. "LGBT Civil Rights vs. Religious Freedom: Determining the Constitutionality of Statutes that Prohibit Discrimination on Sexual Orientation and Gender Identity Grounds in Areas of Public Accommodations". Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1594.
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In this thesis I argue that First Amendment free speech and exercise claims do not grant religious business owners the ability to bypass statutes that prohibit discrimination on sexual orientation and gender identity grounds in areas of public accommodations. My arguments focus on the constitutional claims made in the case Masterpiece Cakeshop v. Colorado Civil Rights Commission. Furthermore, I determine that Congress can rely on both the Commerce Clause and the Fourteenth Amendment to pass legislation that prohibits discrimination on sexual orientation and gender identity grounds in areas of public accommodations. I argue that despite the Court’s holding in the Civil Rights Cases, Congress can regulate discrimination by private actors, not just state sponsored discrimination, through the Fourteenth Amendment. I analyze the potential avenues religious business owners can use to undermine both state and federal antidiscrimination statutes and have their discriminatory practices legally sanctioned. I conclude by arguing that religious exemptions do not belong in antidiscrimination statutes.
6
Ostreim, Nicholas W. "Disability in America: A Minority Group for Everyone". Scholarship @ Claremont, 2010. http://scholarship.claremont.edu/cmc_theses/52.
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July 26, 2010 marked the twentieth anniversary of the Americans with Disabilities Act; the greater implications of comprehensive disability policy are yet to be seen. Nearly twenty percent of Americans have a disability. With such a significant portion of Americans affected, is equal access to employment opportunities, transportation, and communication available? The history of disability in America tells a story of isolation and institutionalization. The civil rights movement of the 1950’s and 60’s opened up an opportunity for America’s most versatile minority group. A survey conducted by the International Center for the Disabled in 1986 showed sixty-six percent of non-institutionalized disabled individuals wished to be employed but did not have access to a job. The ADA attempts to knock down the societal barriers facing these individuals. Two decades later, the efficacy of the ADA is under fire. A series of legal battles during the 1990’s narrowed the scope of ADA regulations. The ADA Amendments Act of 2008 attempts to “restore the intent and protections” of the original bill but does it succeed? Disability rights experts and disabled citizens agree: there is much work to be done.
7
Moses, Quentin Jamil. "The effect of the 1964 Civil Rights Act on black Americans". CSUSB ScholarWorks, 1991. https://scholarworks.lib.csusb.edu/etd-project/587.
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Chavez, Joseph John. "Proposition 209". CSUSB ScholarWorks, 1998. https://scholarworks.lib.csusb.edu/etd-project/1783.
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Malbon, Justin Law Faculty of Law UNSW. "Indigenous rights under the Australian constitution : a reconciliation perspective". Awarded by:University of New South Wales. School of Law, 2002. http://handle.unsw.edu.au/1959.4/19044.
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This thesis examines the possibilities for building a reconciliatory jurisprudence for the protection of indigenous rights under the Australian Constitution. The thesis first examines what could be meant by the term ???reconciliation??? in a legal context and argues that it requires (1) acknowledgement of and atonement for past wrongdoing, (2) the provision of recompense, and (3) the establishment of legal and constitutional structures designed to ensure that similar wrongs are not repeated in the future. The thesis focuses on the last of these three requirements. It is further argued that developing a reconciliatory jurisprudence first requires the courts to free themselves from the dominant paradigm of strict positivism so that they are liberated to pay due regard to questions of morality. Given this framework, the thesis then sets out to examine the purpose and scope of the race power (section 51(xxvi)) of the Australian Constitution, with particular regard to the case of Kartinyeri v Commonwealth in which the High Court directly considered the power. The thesis concludes that the majority of the Court had not, for various reasons, properly considered the nature of the power. An appropriate ruling, it is argued, should find that the power does not enable Parliament to discriminate adversely against racial minorities. The thesis then proceeds to consider whether there are implied terms under the Constitution that protect fundamental rights. It is argued that these rights are indeed protected because the Constitution is based upon the rule of law. In addition constitutional provisions are to be interpreted subject to the presumption that its terms are not to be understood as undermining fundamental rights unless a constitutional provision expressly states otherwise. The thesis also considers whether there is an implied right to equality under the Constitution. The conclusion drawn is that such a right exists and that it is both procedural and substantive in nature.
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FARKAS, Lilla. "Mobilising for racial equality in Europe : Roma rights and transnational justice". Doctoral thesis, European University Institute, 2020. http://hdl.handle.net/1814/66916.
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Defence date: 20 April 2020 (Online)Examining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”
11
Nier, III Charles Lewis. "Race Financial Institutions, Credit Discrimination And African American Homeownership In Philadelphia, 1880-1960". Diss., Temple University Libraries, 2011. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/147848.
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HistoryPh.D.
In the wake of Emancipation, African Americans viewed land and home ownership as an essential element of their "citizenship rights." However, efforts to achieve such ownership in the postbellum era were often stymied by credit discrimination as many blacks were ensnared in a system of debt peonage. Despite such obstacles, African Americans achieved land ownership in surprising numbers in rural and urban areas in the South. At the beginning of the twentieth century, millions of African Americans began leaving the South for the North with continued aspirations of homeownership. As blacks sought to fulfill the American Dream, many financial institutions refused to provide loans to them or provided loans with onerous terms and conditions. In response, a small group of African American leaders, working in conjunction with a number of the major black churches in Philadelphia, built the largest network of race financial institutions in the United States to provide credit to black home buyers. The leaders recognized economic development through homeownership as an integral piece of the larger civil rights movement dedicated to challenging white supremacy. The race financial institutions successfully provided hundreds of mortgage loans to African Americans and were a key reason for the tripling of the black homeownership rate in Philadelphia from 1910 to 1930. During the Great Depression, the federal government revolutionized home financing with a series of programs that greatly expanded homeownership. However, the programs, such as those of the Federal Housing Administration, resulted in blacks being subjected to redlining and denied access to credit. In response, blacks were often forced to turn to alternative sources of high cost credit to finance the purchase of homes. Nevertheless, as a new wave of African American migrants arrived to Philadelphia during post-World War II era, blacks fought to purchase homes and two major race financial institutions continued to provide mortgage loans to African Americans in Philadelphia. The resolve of blacks to overcome credit discrimination to purchase homes through the creation of race financial institutions was a key part of the broader struggle for civil rights in the United States.
Temple University--Theses
12
Clark-Wiltz, Meredith. "Revising Constitutions: Race and Sex Discrimination in Jury Service, 1868-1979". The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1305652946.
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Martinez, Julia. "Racism in the Northern Territory [manuscript] : the attitudes of administrators, pastoralists and unionists to Aborigines employed in the cattle industry during the Depression, 1929-1934". Thesis, The University of Wollongong, 1995. http://hdl.handle.net/1885/276260.
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This thesis investigates the racism exhibited by Administrators, Pastoralists
and Trade Unionists towards Aborigines employed in the Northern
Territory cattle industry during the Depression years, 1929 to 1934. Their
racism is examined within the framework of sociological and historical
theories of racism. An historical evolution of racism is outlined, showing
that from Colonial history emerged Colonial racism, which regarded
'natives' as an inferior race destined to serve as a cheap source of labour for
European colonists. This racism occurred in two main forms: as a
'primitive' and violent racism; and as a 'civilised', paternalistic racism. The
development of nationalism coincided with the rise of a Nationalistic
racism which defined the nation as an homogeneous people, excluding all
others as inherently inferior. As the colonial era drew to an end, and
colonial 'natives' began to immigrate to Europe, their position within the
modern nation-states became problematic. Where they continued to be
regarded as a source of cheap labour, their exploitation provoked a racist
reaction from the working class, referred to as Migrant Labour racism or
Competitive racism.
This thesis argues that European racism in the Northern Territory can only
be fully understood if we consider that each of these forms of racism existed
simultaneously. This historical anomaly saw the merging of a dependent
colonial frontier with a modern nation-state, and the racist attitudes of the
Europeans reflect this situation. The Administrators legitimised their
racism with arguments of Social Darwinism while seeking to promote
Nationalistic racism. Economic considerations, however, made the
arguments of Colonial racism appear attractive. The Pastoralists exhibited
Colonial racism in all its forms, both primitive and paternalistic. In their
official dealings, they also utilised arguments of Nationalistic and Scientific
racism. The Unionists exhibited a Competitive racism which was tempered
by left-wing influences which advocated an end to racial discrimination as
the only solution to Aboriginal competition. In each group, the
manifestations of racism were complex and varied, revealing that racist
ideology w as inextricably linked with social, economic and political
considerations.
14
Savitsky, Jerome. "A theoretical analysis of the labor market wage and employment effects of Title VII of the Civil Rights Act of 1964". Diss., Virginia Polytechnic Institute and State University, 1989. http://hdl.handle.net/10919/54411.
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The dissertation explores the labor market effects of Title VII of the Civil Rights Act of 1964, which prohibits employers from practicing wage discrimination and employment dis- crimination on the basis of race, sex, religion, national origin or color.
A theoretical model of the equal wage and the equal employment provisions of Title Vll is developed and applied to the labor input decisions of a discriminating firm. The enforcement model is then extended to consider the market-wide wage and employment effects of Title Vll.
The analysis raises questions as to whether Title Vll, as it is enforced by the Equal Employment Opportunity Commission, can in fact increase the market wages and improve the market employment opportunities of the workers who face discrimination in the labor market. The labor market wage and employment effects of Title VII under alternate enforcement strategies are also examined.Ph. D.
15
Mooradian, Carmen Beatriz B. "Modern Conservative Judicial Activism in the Supreme Court and the Entrenchment of Privilege as a Rights Claim". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/scripps_theses/249.
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In this work , I analyze the emergence of a series of Supreme Court cases in the Rehnquist and Roberts era which frame race-conscious legislation as discriminatory against whites; and which are responded to by the conservative justices as though anticlassification and reverse-discrimination are indeed rights claims. I analyze the response of the conservative justices to such claims, and posit that response of the conservative Justices to such cases constitutes activism. Further, the emergence of these cases can be attributed to the entrenchment of a colorblind narrative that is by its very nature not grounded in social reality, or historical context; and which aims to elevate the privileges of whiteness into rights. The implications of these narratives and conservative judicial activism will have monumental consequences for minority populations of color in the country.
16
Mays, Nicholas S. "NORTHTERN REDEMTION: MARTIN LUTHER KING, THE UNITEDPASTORS ASSOCIATION, AND THE CIVIL RIGHTS STRUGGLES IN CLEVELAND, OHIO". Kent State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=kent1404416568.
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Seleoane, Lebohang Clyde. "The implementation of socio-economic rights in South Africa : a meta-analysis". Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51985.
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Thesis (MPhil)--Stellenbosch University, 2000.ENGLISH ABSTRACT: Socio-economic rights are the subject of much debate in South Africa and elsewhere. At first they were simply denied the status of any rights at all. Lately, there is a fair amount of recognition for them as rights. The tendency is, however, to relegate them to paper rights and invest very little effort in bringing about their actual realisation. In this thesis I inquire into the question of what a human right, properly so called, is, and then whether, in the light of that inquiry, there is a basis for the reluctance to embrace socio-economic rights. South Africa is uniquely fortunate in having a constitution that gives recognition to socio-economic rights and requiring the Human Rights Commission to monitor their implementation. But again there is a risk that the recognition of socioeconomic rights is left as a constitutional matter, and nothing or little is done for their practical implementation. Therefore I inquire into the manner in which the Human Rights Commission monitors the implementation of these rights. The inquiry into the Human Rights Commission's monitoring role is largely a question of methodology. Whether, in other words, the methods of the Commission are such as to yield reliable information on the subject. I also inquire whether the government's budgetary allocations indicate a serious approach to these rights. The budgetary allocations that are brought under the microscope relate to the seven core rights enshrined in the constitution, namely, housing, health care, food, water, social security, education, and environmental rights.
AFRIKAANSE OPSOMMING: Sosio-ekonomiese regte is die onderwerp van vele debatte in Suid-Afrika en elders. Aanvanklik was daar nie erkenning gegee aan die status van hierdie regte nie. Hierdie situasie het die afgelope tyd begin verander. Die tendens is egter steeds om dit te sien as regte slegs op papier en daar word nie 'n poging aangewend vir die realisering van hierdie regte nie. Ek ondersoek in hierdie tesis die kwessie van wat 'n mensereg, korrek so genoem, is en ook of, in die lig van hierdie ondersoek, daar 'n basis is vir die huiwering om sosio-ekonomiese regte te aanvaar. Suid-Afrika is uniek in die sin dat die konstitusie erkenning gee aan sosioekonomiese regte en die Waarheid-en Versoeningskommissie opdrag gegee het om die implementering daarvan te monitor. Daar is egter weereens die risiko dat die erkenning van sosio-ekonomiese regte slegs gesien word as 'n konstitusionele aangeleentheid en dat niks of baie min gedoen word rakende die praktiese implementering daarvan. Ek stel daarom ook ondersoek in na die wyse waarop die Menseregtekommissie die implementering van hierdie regte moniteer. Die ondersoek na die monitering van die Menseregtekommissie is hoofsaaklik metodologies van aard; dus of die metodes wat gebruik is, deur die Menseregtekommissie, betroubare inligting verskaf. Ek ondersoek ook of die regering se begrotingallokasies 'n ernstige ingesteldheid jeens hierdie regte toon. Die begrotingsaspekte wat ondersoek word hou verband met die sewe kernregte soos vervat in die konstitusie naamlik behuising, gesondheidsorg, voedsel, water, sosiale sekuriteit, opvoeding en omgewingsregte.
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Vipperman, Justin LeGrand. ""On This, We Shall Build": the Struggle for Civil Rights in Portland, Oregon 1945-1953". PDXScholar, 2016. http://pdxscholar.library.pdx.edu/open_access_etds/3124.
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Generally, Oregon historians begin Portland Civil Rights history with the development of Vanport and move quickly through the passage of the state's public accommodations law before addressing the 1960s and 70s. Although these eras are ripe with sources and contentious experiences, 1945 to 1953 provide a complex struggle for civil rights in Portland, Oregon. This time period demonstrates the rise of local leaders, wartime racial tensions, and organizational efforts used to combat inequality. 1945 marked a watershed moment in Portland Civil Rights history exhibiting intergroup collaboration and interracial cooperation converging to eventually provide needed legislation. Although discrimination continued after 1953, the era between 1945 and 1953 provided an era of change upon which subsequent movements in Portland were based. My thesis uses material from various collections to piece together the early struggle for civil rights in Portland, and more broadly, Oregon. These documents show that the local struggle started before the classical phase of the Civil Rights Movement, usually defined as Brown v. Board of Education to the Civil Rights Act of 1964. By focusing on the classical phase of civil rights, historians miss the building of a strong foundation for Portland's Civil Rights history. My research proves the existing nuances of the fight for equality by looking at local movements rather than the national struggle. This study demonstrates the nuances by focusing on rising racial tension, the efforts to document them, and the strategies used to combat discrimination.
19
Cassidy, Elizabeth Ann Kandravy. "A delicate balance : equality, non-discrimination and affirmative action in Namibian constitutional law, as compared to South African and U.S. constitutional law". Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52630.
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Thesis (LLM)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This thesis examines the constitutional law of equality, non-discrimination and affirmative action in Namibia, and compares it to that of South Africa and the United States. Namibian judicial interpretation in these areas seeks to balance the need to safeguard the internationally recognized human rights that the Namibian Constitution guarantees with the need to ensure that Namibian constitutional law is seen as grounded in Namibia's historical experience and culture. This latter imperative derives from the Namibian Constitution's origins in an international negotiation process, which has led to some popular criticism of the Constitution as foreign and imposed. As a result, Namibian courts have been careful to ensure that reliance on foreign precedent (where there is no local authority) does not diminish the Constitution's unique character and its suitability to the Namibian situation. To that end, the Namibian courts have given great weight to the role of current Namibian societal values in constitutional interpretation. In the areas of equality, nondiscrimination and affirmative action, Namibian courts have generally followed the South African approach, except with respect to discrimination on the basis of sexual orientation. The author concludes that the adoption of the South African approach generally makes sense for Namibia, and specifically criticizes the Namibian courts' approach to sexual orientation discrimination. The statutes enacted in Namibia to carry out the Constitution's equality and nondiscrimination guarantees, including in the area of affirmative action, are also considered. While these statutes have not yet been subject to judicial interpretation, it seems likely that future cases presenting issues arising under these statutes will necessitate the same balancing referred to above. The thesis begins with an overview of each Constitution's textual treatment of equality, non-discrimination and affirmative action, and a discussion comparing the background and basic structure of the three Constitutions. It then focuses on the judicial and legislative interpretation of the concepts of equality and nondiscrimination in Namibia, as compared to that in South Africa and the US. Following that, the author discusses the judicial and legislative interpretation of the concept of affirmative action in Namibia, also as compared to that in South Africa and the United States. The thesis ends with the author's conclusions and some predictions as to how the Namibian courts might rule on certain issues that seem likely to arise in these areas in the future.
LLM Tesis deur Elizabeth Kandravy Cassidy, '''n Delikate Balans: Gelykheid, nie-diskrimnasie en gelykberegtiging in Namibiese staatsreg - 'n vergelykende studie met Suid-Afrikaanse en Amerikaanse Staatsreg" (2002) Hierdie tesis ondersoek die staatsregtelike beskerming van gelykheid, niediskriminasie en gelykberegtiging in Namibië in 'n regsvergelykende studie van Suid- Afrikaanse en Amerikaanse staatsreg. Namibiese geregtelike interpretasie op hierdie gebied poog om 'n balans te handhaaf tussen die behoefte om internasionaal erkende menseregte deur die Namibiese grondwet te waarborg en die behoefte om te verseker dat die grondslag van die Namibiese staatsreg soos gevestig in sy geskiedenis en kultuur behoue bly. Laasgenoemde beweegrede spruit voort uit die feit dat die Namibiese grondwet sy oorsprong te danke het aan 'n internasionale onderhandelingsproses, wat gelei het tot die algemene siening dat die grondwet vreemd is en nie uit eie geledere afgedwing word nie. Gevolglik steun die Namibiese howe met omsigtigheid op buitelandse presedente (waar daar geen plaaslike gesag is nie) met die oog op behoud van die grondwet se unieke karakter en gepastheid binne die Namibiese konteks. Met hierdie doel voor oë, plaas die Namibiese howe in grondwetlike interpretasie, groter klem op die rol van kontemporêre gemeenskapswaardes in Namibië. Op die gebied van gelykheid, nie-diskriminasie en gelykberegtiging volg die Namibiese howe oor die algemeen die Suid-Afrikaanse benadering, behalwe in die geval van diskriminasie op grond van seksuele oriëntasie. Die skrywer kom tot die gevolgtrekking dat die toepassing van die Suid-Afrikaanse benadering in die algemeen sinvol is binne die Namibiese konteks and kritiseer die Namibiese howe se benadering tot diskriminasie op grond van seksuele orientasie. Die wetgewing wat in Namibië uitgevaardig is om die grondwetlik gewaarborgde gelykheid en nie-diskriminasie, insluitend gelykberegtiging te verseker word ook ondersoek. Alhoewel hierdie wetgewing nog nie aan geregtelike interpretasie onderwerp is nie, blyk dit dat toekomstige uitsprake waar die wetgewing ter sprake kom ook die balansering van hierdie belange sal noodsaak. Die tesis begin met 'n oorsigtelike bespreking van die benadering tot gelykheid, niediskriminasie en gelykberegtiging van die onderskeie grondwette en 'n regsvergelykende bespreking van die agtergrond en basiese struktuur van die drie grondwette. Vervolgens fokus die tesis op die geregtelike interpretasie van die beginsels van gelykheid en nie-diskriminasie in Namibië, in vergelyking met Suid- Afrika en die Verenigde State. Daarna bepreek die skrywer die geregtelike en wetgewende interpretasie van die beginsel van gelykgeregtiging in Namibië, ook in 'n regsvergelyking met die Suid-Afrikaanse en Amerikaanse posisie. Die tesis sluit af met die skrywer se gevolgtrekkings en 'n paar voorspellings oor die moontlike benadering wat die Namibiese howe in die toekoms sal volg tot sekere regskwessies wat in hierdie vakgebied kan voorkom.
20
Abelove, Samantha. "Coming Out of the Margins: LGBTI Activists in Costa Rica and Nicaragua". Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/524.
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For decades LGBTQ rights have been approached purely by a legal strategy, in particular advocating for the legalization of same-sex marriage. However, discrimination and violence against the LGBTQ community continues to be a major issue in Latin America because of cultural values such as Catholicism and machismo that uphold a standard of and, in turn, have control over people’s sexuality. Using a human rights approach towards the politics of sexuality, LGBTI activists in Costa Rican and Nicaragua have been successful in transforming public opinion about sexuality and more importantly, sexual diversity. As a result of their egalitarian framework and efforts to educate people about sexual diversity, they have made great advancements toward achieving acceptance and equality for LGBTI people. This study focuses on how Costa Rican and Nicaraguan LGBTI activists have worked around traditional cultural values such as Catholicism and machismo that prevent people from accepting and tolerating LGBTI people. The examples of LGBTI activists in these two countries have important implications for other LGBTI activists and the strategies they use to try to achieve full equality (social and legal) for people whose sexual identity differs from the conventional.
21
Daugherity, Brian James. "Keep on keeping on: The NAACP and the implementation of Brown v. Board of Education in Virginia". W&M ScholarWorks, 2010. https://scholarworks.wm.edu/etd/1539791828.
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On May 17, 1954, the United States Supreme Court handed down one of its most important decisions in the twentieth century. Brown v. Board of Education ordered twenty-one U.S. states, including Virginia, to end racial segregation in their public schools.
The National Association for the Advancement of Colored People (NAACP), a nationally-known African American civil rights organization, had led the legal campaign to bring about the Brown decision. After its victory, the organization focused on how to bring about the implementation of the decision in the South in order to effectuate school desegregation. In the later 1950s, the NAACP filed lawsuits in many southern states, including Virginia, where school boards had been unable, or unwilling, to comply. as the possibility of school desegregation grew, white southerners bitterly attacked the NAACP and proponents of integration. In Virginia this led to state-sanctioned investigations of the organization, among other things. Utilizing legislation passed by the state legislature, the governor of Virginia also closed public schools in several Virginia communities in the fall of 1958 to avoid desegregation. The following January, state and federal courts overturned the state's school closing laws, and in February 1959 initial school desegregation began in Virginia. Afterward, the state allowed token, or minimal, school desegregation in an attempt to both avoid judicial scrutiny but also maintain as much segregation as possible. In the 1960s the federal government demonstrated a renewed commitment to school desegregation, and both legislative and executive action pressured the southern states, including Virginia, to increase the amount of school desegregation taking place within their borders. In the late 1960s, the U.S. Supreme Court handed down a series of new school desegregation decisions, starting with Green v. New Kent County (Virginia) in 1968, which sped up the desegregation process in the South.
This dissertation examines the NAACP, Virginia's political leaders, white liberals and moderates, and segregationists during this tumultuous time in Virginia's history. Outside of the desegregation of public education, the manuscript also considers the desegregation of higher education, public transportation and accommodations, the expansion of black voting rights and political activity, racial violence, and related civil rights issues. Blending social, legal, political, and African-American history, this dissertation seeks to shed new light on the Civil Rights Movement and white resistance to civil rights in Virginia and the South.
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Gibson, Dana M. "State Authority versus Citizens’ Rights: An Analysis of Police Use of Deadly Force Regulations and their Implications for Ferguson". Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/987.
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The recent shooting of unarmed teenager Michael Brown by police officer Darren Wilson in Ferguson, Missouri rekindled the age-old debate of how the authority of the state to enact the law and guard public safety, specifically in terms of police use of deadly force, ought to properly be balanced against citizens’ rights. The social consequences of this incident illustrate the profound importance of policy governing this issue. This thesis provides an analysis of the governing Supreme Court precedent which informs this issue, as well as the state statutes of Missouri and the police department regulations of Ferguson, Seattle, Denver, and New Hampshire which govern the police use of deadly force. The application of these standards to varying scenarios of the Ferguson shooting serves to demonstrate how these standards operationalize and highlights the discrepancies that exist across jurisdictions in terms of restricting and evaluating police use of deadly force. Ultimately, ambiguity in the current standards, incongruities and difficulties in their implementation, as well as significant concerns of inherent injustice lead to the conclusion that the police use of deadly force should be limited to instances in which such force is necessary to protect human life or prevent serious physical injury.
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Boerigter, Thomas J. "Islamophobia, Pluralism, and Multiculturalism: A Comparison between Western Europe and the United States". Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/330.
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This thesis examines the role(s) of pluralism and the multiculturalism/monoculturalism binary within Islamophobia in the United States and the nations of Western Europe. It analyzes the history of Muslims in Western Europe in order to better understand the relationship between native Europeans and Muslims immigrants, then comparing this relationship to Americans and the Muslim immigrants to the United States.
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Salinas, Ferreira Adi D. "Immigrant Labor in Fish Processing in the Pacific Northwest and British Columbia and Current Undocumented Labor". Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/pomona_theses/130.
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The beginning of industrialized fish processing plants reveals themes of labor exploitation, racial and gender segregation, and antagonistic legislation that have continued well into the present. Today in the Pacific North West, the majority of workers are Latino and many among them are undocumented or DACAmented. Many aspects of the work conditions in salmon canneries back in the late 1800’s to the mid 1900’s and the work conditions in present day fish processing plants have not changed. Many jobs in a fish processing plant remain gendered, and when there is more than one race working in a single plant racial tensions as well as differences in the owners expectations of labor output by race may arise. The study interviews undocumented workers and documents their experience working in fish processing plants as well as provides historical context.
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Penn, Michaele Paulette. "An investigation of sexual harassment provisions in Virginia school district policy". Diss., Virginia Polytechnic Institute and State University, 1989. http://hdl.handle.net/10919/54260.
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PURPOSE OF THE STUDY
The purpose of the study was to determine how many school divisions in the Commonwealth of Virginia had adequate policies which addressed sexual harassment specifically and to determine why school divisions had either developed or failed to develop such policies. An additional purpose was the development of a paradigm to guide school divisions in the construction of policy governing sexual harassment.
PROCEDURE
All 133 superintendents in Virginia were identified and 119 superintendents participated in the study. Data were collected using a survey questionnaire and copies of policies were requested. All survey data were analyzed using crosstabulation commands on the App-Stat statistical package. Policies which were returned were analyzed in comparison to evaluation criteria taken from the Equal Employment Opportunity Commission (EEOC) Guidelines that prohibit sexual harassment and from the research of sample policies from the public and private sectors.
CONCLUSIONS
1. Sixty-eight percent of the school divisions in the Commonwealth indicated they did not have policies and/or administrative regulations which specifically prohibit sexual harassment.
2. Thirty-four of the 81 school divisions in Virginia which did not have sexual harassment policies indicated they were aware of the need for such policy. Twenty of the respondents indicated they had other policies which they believed adequately addressed sexual harassment, and fourteen of the respondents indicated they were developing such policy.
3. Most school divisions that had developed policies had done so because they were aware of their liability or the possibility of litigation.
4. Most policies were inadequate in that they failed to communicate that employers were serious about sexual harassment or they failed to indicate that employees would be made aware of sexually harassing behaviors through awareness training.Ed. D.
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Cabrales, Lucio José Miguel. "Legal transformation of the national perspective on civil unions and same sex marriage in Latin America". Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116481.
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This paper analyzes the legal arguments that have been used toallow the gradual introduction of same-sex marriage and civil unions in some Latin American countries. The author makes a critical account of the contentious cases and legislative responses to claims for recognition and protection of human rights of people with a particular sexual orientation. The most representative Latin American countries are analyzed from the point of view of its relevance in comparative terms.En el presente trabajo se exponen los argumentos jurídicos que han servido para permitir la introducción paulatina del matrimonio entre personas del mismo sexo y las uniones civiles en algunos países de Latinoamérica. El autor hace una descripción crítica de los casos contenciosos, así como las respuestas legislativas a las demandas de reconocimiento y protección de los derechos humanos de las personas con una orientación sexual determinada. Se analizan los países de Latinoamérica más representativos desde el punto de vista de relevancia comparada para efectos de extraer observaciones y argumentos que puedan servir para explicar la realidad en otros tantos países del mismo entorno geográfico.
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Lake, Sharon Marie Rose Killeen. "The accidental feminist: Iowa's breastfeeding firefighter and the national struggle for workplace equity". Diss., University of Iowa, 2010. https://ir.uiowa.edu/etd/5010.
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This dissertation is a social and legal history of one of Iowa's most controversial sex discrimination cases. The study examines the 1979 civil rights complaint of Linda Eaton, Iowa City's first woman firefighter--a white, working-class, single mother who did not consider herself a feminist. Eaton made national news and became the focus of an intense local debate when she was threatened with dismissal for breastfeeding her baby at the fire station. The president of La Leche League spoke out on her behalf, while the local chapter of NOW established a legal defense fund and spearheaded a year-long campaign of support. Mining the personal documents of community members, and using oral history interviews, manuscript collections, and legal documents, this study elevates the importance of grassroots action by demonstrating that local women's sex discrimination complaints and lawsuits were central to the dramatic transformation of workplace policies that began across the U.S. during the 1970s.
This study foregrounds the relationship of Eaton's case to Iowa City's vibrant 1970s feminist community, and to national politics. The controversy over Iowa's breastfeeding firefighter reflected and contributed to national struggles over the meaning of gender equality, particularly the complex debates about affirmative action and the Equal Rights Amendment. Because she drew support from both the feminists of NOW and the maternalists of LLL, Eaton's case highlights the problematic intersection of paid and domestic labor in women's lives, especially those of working-class women. Eaton's case critiques the masculine ideal worker standard and makes a bid for working conditions that accommodate women's biosocial role in reproductive labor.
This project draws upon previously unavailable records to offer an historical account of the first career women firefighters in the U.S. that identifies the resistance these women met as they encountered the masculine culture of firefighting in the 1970s. It highlights both the strengths and weaknesses of using law to eliminate sex discrimination in the workplace by constructing a vivid portrait of women's slow and painful struggle for full economic citizenship.
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MacLaren, David. "Angels without mercy : the African-American fight against the Red Cross's blood donor discrimination, 1941-1945". Virtual Press, 1998. http://liblink.bsu.edu/uhtbin/catkey/1115760.
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On the eve of World War II, the American Red Cross (ARC) excluded African-American blood donors. The instructions from the Army and the Navy implied that the armed forces did not want the allegedly "inferior" blood of Blacks in the veins of "superior" White soldiers. The ARC's exclusionary policy, as mandated by defense officials in the War Department, continued the tradition of relegating African-Americans to second-class citizenship.Black newspaper editors and individual protest leaders on the national and local levels pressured the armed forces to change its blood donor policy. On January 29, 1942, the ARC started to accept blood donations from Blacks but followed a national policy of segregation. The ARC labeled and stored African-American blood donations apart from those of Whites and maintained Jim Crow blood banks throughout the war even though medical experts found no factual basis to differentiate blood by race.This paper examines how Black newspapers and individuals such as Asa Philip Randolph, Walter Francis White, William Henry Hastie, Mabel Keaton Staupers, and the Black community of Indianapolis responded to the ARC's initial policy of exclusion and then segregating AfricanAmerican blood donations. The paper attempts to modify the popular interpretation that the war constituted a watershed for African-Americans. My research indicates that while many Black leaders and protest organizations on the national and local levels challenged the ARC's blood donor policies, African-Americans did not win a fundamental change in military policy. Thus, while the fight against blood donor discrimination was a manifestation of the wartime "Double V" campaign it also represented its limitations.The paper draws on secondary sources, African-American newspapers, and the manuscript collections of the National Association for the Advancement of Colored People, the National Association of Colored Graduate Nurses, Claude A. Barnett, William Henry Hastie, Asa Philip Randolph, and the Indianapolis Area Chapter of the ARC as well as the papers of African-American physicians in Indianapolis, Walter H. Maddux and Harvey N. Middleton of the Flanner House and the Morgan Health Center.Department of History
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Sadikovic, Dzeneta. "Rights Claims Through Music - A Study on Collective Identity and Social Movements". Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21909.
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This study is an analysis of musical lyrics which express oppression and discrimination of the African American community and encourage potential action for individuals to make a claim on their rights. This analysis will be done methodologically as a content analysis. Song texts are examined in the context of oppression and discrimination and how they relate to social movements. This study will examine different social movements occurring during a timeline stretching from the era of slavery to present day, and how music gives frame to collective identities as well as potential action. The material consisting of song lyrics will be theoretically approached from different sociological and musicological perspectives. This study aims to examine what interpretative frame for social change is offered by music. Conclusively, this study will show that music functions as an informative tool which can spread awareness and encourage people to pressure authorities and make a claim on their Human Rights.
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Whitman, Kim. "Contesting Uganda's legislative homophobia in the African court on human and peoples' rights: Substantive and procedural challenges". University of the Western Cape, 2014. http://hdl.handle.net/11394/8219.
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Magister Legum - LLMIn many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural practices and expectations assume that heterosexuality is the cornerstone of social unions - this phenomenon is known as heteronormativity.2 Heteronormativity affords that there are only two sexes with predetermined gender roles,3 creating the homophobia in societies. Human rights infringements on the basis of gender identity and sexual orientation has become noticeable across Africa.4 Homophobia in Africa is linked to the codification of laws that infringed on human rights under colonialism, which still forms part of the current norms around sexuality.5 Homosexuality is prohibited and is unlawful in most of the countries in Africa, South Africa being the only country that allows for the legal union of same-sex couples.6 There have been a number of academic texts debating the importance of culture against the right to equality in the South African context; 7 however, there is an inadequate amount of academic text available about this topic on an African level. Therefore, an ongoing debate about the protection of "sexual minorities" contrasted with the protection of cultural rights exists on an international scale. 8 The rights of sexual minorities are disregarded too often and they are often denied equal and fair access to the law. A large number of African countries believe that homosexuality is un African,9 thus choosing to exclude lesbians and gays from citizen rights. 10 Due to this belief, the practice of homosexuality in Africa is seen one that goes against the morals and values of the majority of society. This creates a stand-off between cultural rights and equality rights of sexual minorities.
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Sinclair, Donna Lynn. "Caring for the Land, Serving People: Creating a Multicultural Forest Service in the Civil Rights Era". PDXScholar, 2015. https://pdxscholar.library.pdx.edu/open_access_etds/2463.
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This qualitative study of representative bureaucracy examines the extension and limitations of liberal democratic rights by connecting environmental and social history with policy, individual decision making, gender, race, and class in American history. It documents major cultural shifts in a homogeneous patriarchal organization, constraints, advancement, and the historical agency of women and minorities. "Creating a Multicultural Forest Service" identifies a relationship between natural and human resources and tells a story of expanding and contracting civil liberties that shifted over time from women and people of color to include the differently-abled and LGBT communities. It includes oral history as a key to uncovering individual decision points, relational networks, organizational activism, and human/nature relations to shape meaningful explanations of historical institutional change. With gender and race as primary categories, this inquiry forms a history that is critical to understanding federal bureaucratic efforts to meet workforce diversity goals in natural resource organizations.
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Roderique, Meagan B. "Aspirations of Objectivity: Systemic Illusions of Justice in the Biased Courtroom". Scholarship @ Claremont, 2018. https://scholarship.claremont.edu/scripps_theses/1278.
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Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without an accurate conceptualization of the science of prejudice in law, these interventions are likely doing more harm than good. On the basis that these interventional techniques are unscientific in their methodology, reliant upon a misleading theory of transparency of mind, deny the inherently emotional and biased origin of the court, and are disseminated largely technocratically, they fail to serve their intended purpose. In actuality, they reinforce systemic intergroup biases and are seen to produce a lesser objective justice. This project reiterates, as with so many aspects of justice, that there must be the same care taken in the address of those structural and institutional contributions to implicit bias that the enterprise of law perpetuates in and of itself as have been taken in the address of our individual cognitive predispositions toward discrimination.
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Mdhluli, P. "A definition of an employee and the legal protection of sex workers in the workplace : a comparative study between South Africa and Germany". Thesis, University of Limpopo, Turfloop Campus, 2014. http://hdl.handle.net/10386/1104.
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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2014The discussion looks at the history of commercial sex and how it has evolved in South Africa. The discussion evaluates the challenges that commercial sex workers face in South Africa and argues that the dignity of sex workers as citizens of South Africa are infringed and it would seem that less is being done to protect these workers due to nature of their work. It is argued that sex workers are still entitled to the rights enshrined in the Constitution despite the illegality of sex work. This discussion argues further that sex work continues to exist in South Africa despite its illegality and it would be prudent to address the challenges that encourage sex work because the criminalization of this type of work does not seem to minimize sex work. The discussion further looks at the case of Kylie v CCMA which has been subject to much debate recently. The discussion also makes a comparative study with Germany and determines the lessons which South Africa can learn from this country regarding decriminalization of sex work.
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Nwasike, Ugochukwu N. "The Intended and Unintended Effects of Civil Gang Injunctions in California". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/942.
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The state of California has one of the largest and most violent gang populations in the United States. Although there have been a variety of anti-gang measures and policies enacted by local and state governments, none have been more effective than the Civil Gang Injunction (CGI). This civil action prohibits certain street gangs, and their members, from participating in activities that would otherwise be considered lawful. In order to obtain an injunction a prosecutor must demonstrate to the court that the gang is engaged in ongoing criminal conduct and represents a public nuisance to a geographically defined area. When a neighborhood is under an injunction, not only is police presence in the area increased but officers are also given more freedom to investigate and apprehend gang members who are suspected to be in violation of the terms. As this thesis will argue, injunctions, when used correctly, have proven to be an effective weapon in diminishing the influence of territorial street gangs on community well-being. When used incorrectly, however, they often only provide a temporary fix to a long-lasting problem. They also have been known to contribute to an increase in crime in neighboring areas, an increased number of wrongful arrests, and in some cases they have promoted criminality amongst young people. To explore the efficacy of injunctions, this thesis will focus on three empirical studies that cover a period from 1993 to 2003, when the rates of gang-related violence were at an all-time high and injunctions became the primary tool for City and District Attorneys to combat the nuisance. Two of these studies argue that injunctions have a positive impact on violent crime statistics, whereas the third concludes that they do not. By comparing these conflicting pieces of quantitative evidence, this thesis aims to gauge the actual effect of injunctions on crime rates and weigh the perceived benefits of this measure against its unintended negative effects.
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Clarke, Tamsin Law Faculty of Law UNSW. "Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation". Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/20530.
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Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.
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Baghalian, Anja y Amina Fehratovic. "Det mörka förtrycket på den vita duken : En studie om 1900-talets medborgarrättsrörelse i samtida film". Thesis, Högskolan i Halmstad, Akademin för lärande, humaniora och samhälle, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-44066.
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Films can be a source to enjoyment, cultural enrichment and relaxation. But films are alsofilled with messages and subtext that affects the one who watches the film. One of the effectsis the reproduction of racism and stereotypes. Therefore, have we chosen to analyze threemodern films that illuminate the civil rights movement. The purpose of this study is toinvestigate whether the selected reality-based films offer alternative perspectives onrelationships, racism and civil rights. This study will be based on the films The butler (2013),Niceville (2011) and Remember the Titans (2000). Based on the three selected films, a selection of scenes and sequences will also be performed.Ranking of scenes and sequences will be grounded on a variety of events so that this studycan show the breadth of the issues that are highlighted in the films. We will then combinesome of the scenes and sequences in the results and analysis to present under the sameheading. In the final part will we conclude with a summary discussion of our work.
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Mdhluli, Podu. "A definition of an employee and the legal protection of sex workers in the workplace : a comparative study between South Africa and Germany". Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1202.
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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2014The discussion looks at the history of commercial sex and how it has evolved in South Africa. The discussion evaluates the challenges that commercial sex workers face in South Africa and argues that the dignity of sex workers as citizens of South Africa are infringed and it would seem that less is being done to protect these workers due to nature of their work. It is argued that sex workers are still entitled to the rights enshrined in the Constitution despite the illegality of sex work. This discussion argues further that sex work continues to exist in South Africa despite its illegality and it would be prudent to address the challenges that encourage sex work because the criminalization of this type of work does not seem to minimize sex work. The discussion further looks at the case of Kylie v CCMA which has been subject to much debate recently. The discussion also makes a comparative study with Germany and determines the lessons which South Africa can learn from this country regarding decriminalization of sex work.
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O'Neal, Jonathon P. "NATIVISM AND THE DECLINE IN CIVIL LIBERTIES: REACTIONS OF WHITE AMERICA TOWARD THE JAPANESE IMMIGRANTS, 1885-1945". Thesis, Connect to resource online, 2009. http://hdl.handle.net/1805/2055.
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Thesis (M.A.)--Indiana University, 2009.Title from screen (viewed on February 1, 2010). Department of History, Indiana University-Purdue University Indianapolis (IUPUI). Advisor(s): Michael Snodgrass, Kevin Cramer, Marianne S. Wokeck. Includes vitae. Includes bibliographical references (leaves 152-174).
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Dunlop, Samuel Everett Christian. "Exploring Connections Between Efforts to Restrict Same-Sex Marriage and Surging Public Opinion Support for Same-Sex Marriage Rights: Could Efforts to Restrict Gay Rights Help to Explain Increases in Public Opinion Support for Same-Sex Marriage?" PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/1785.
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Scholarly research on the subject of the swift pace of change in support for same-sex marriage has evolved significantly over the last ten years. The shift has gone beyond the scholarship's initial description amongst demographic groups on how opinion has changed on gay rights issues, like same-sex marriage, to an examination of why the change has occurred. A great deal of the initial research on the topic seemed to focus on demographic traits that suggested a greater propensity toward support for same-sex marriage as time went on. Is the existent literature sufficient to explain why such a dramatic change in public opinion has occurred in the United States? My goal in this paper is to explore the plausibility that electoral events and the public dialogue/debate that surround them have accelerated the impact described in the four predominant theories, cohort succession, contact theory, intracohort theory, and media exposure.
This paper includes three separate hypotheses to explore the possible connections between efforts to restrict gay rights at the ballot box and the ever-increasing support for same-sex marriage in public opinion polls. The results provide some preliminary indication that there are plausible connections between individual statewide efforts to restrict gay rights and increases in national public opinion support for same-sex marriage.
The first analysis examines electoral events concerning gay rights in states where these issues have faced voters most frequently; California, Maine, and Oregon. The first hypotheses posits a potential connection between exposure to gay rights at the ballot box and greater support for gay rights in subsequent elections concerning gay rights in the same state. No clear or consistent pattern of support emerges for successive electoral measures concerning gay rights where voters have been previously exposed to gay rights question in an electoral context.
The second analysis explores national public opinion support for same-sex marriage as statewide ballot measures increase in popularity across the United States. The second hypotheses posits a connection between an increase in statewide electoral events concerning questions of same-sex marriage and an increase in national public opinion support for same-sex marriage with state-to-nation diffusion occurring and prodding upward national public opinion support for same-sex marriage simultaneously. The hypotheses is confirmed by data that suggests as election events on same-sex marriage increase across the United States at the state level, so too increases national public opinion support for same-sex marriage.
The third analysis explores the rate of change in support for legal same-sex marriage across the three states where gay rights referenda and ballot initiatives have been most frequent; it posits that in states where voters have greater familiarity with gay rights at the ballot because of previous exposure to them, their support will be greater over time than public opinion measured in other states that have similar political cultures but have not faced the same level of electoral activity on gay rights. The final hypothesis is inconclusive because of the fluid nature of the same-sex marriage debate in the universe of states within the United States. States are handling this salient issue in a number of ways; some legislatures now seem to be taking steps to legalize same-sex marriage statutorily; others may take no action to propel the provision of same-sex marriage equality or end constitutional bans on the practice; while another group of states are leaving activists to litigate the policy in Federal courts or shift the debate toward statewide popular votes on the issue of authorizing same-sex marriage at the ballot box via ballot initiative or referendum.
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Spell, Lindsay Joella. "Controlling the Empire: Measuring Ethnic Residential Segregation in London, 2001-2011". PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/1978.
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This research presents an overview of ethnic residential segregation in London, England, from 2001 to 2011 using four different methods of measurement. The purpose of the study was to both examine changes in the level of segregation among different ethnic groups between census dates and to compare various methods of measurement. Using the Index of Dissimilarity, Poulsen et al.'s (2001) typology classification and two different local statistics (Getis-Ord G* and Anselin Local Moran's I), the levels of concentration of the five main ethnic minority groups in London were measured for data from the 2001 and 2011 censuses. The five ethnic minority groups studied were: Black African, Black Caribbean, Indian, Pakistani and Bangladeshi. Of the five populations analyzed, only the Black Caribbean population showed any decrease in its overall level of segregation, while the other four all saw slight increases in segregation over the period. After comparing the four methods used, it was determined that while all offer a different perspective on the segregation of groups across space, the Anselin Local Moran's I statistic provides the most detailed result of variation in concentration across space.
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Anderson, Megan. "Profiling Beyond Race: Characteristics Associated with Traffic Stop Outcomes". Digital Commons @ East Tennessee State University, 2021. https://dc.etsu.edu/etd/3881.
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Research related to profiling and the outcome of traffic stops has generally focused on the race of the individuals involved. Little research has examined other characteristics, such as age and socioeconomic status, that may also play a role in traffic stop outcomes. The current study sought to address this limitation in two ways: (1) determine whether the characteristics of age, sex, race, social class, and demeanor are profiled during traffic stops and (2) whether these characteristics influenced the outcome of the traffic stops with regard to tickets and vehicle searches. Secondary data were utilized from the 2015 Police-Public Contact Survey. Findings revealed that not only race, but age, sex, social class, and demeanor of both the officer and the driver had an affect on the outcome of a traffic stops.
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Dunville, Donna. "Personnel Managers' Attitudes Towards Affirmative Action & Its Potential Correlates". TopSCHOLAR®, 1993. https://digitalcommons.wku.edu/theses/2281.
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Despite the controversy surrounding Affirmative Action (AA), relatively little research has appeared about attitudes towards these programs. In this research, an exploratory approach is implemented to assess the support of personnel managers for the theory of AA as well as the mechanisms designed to carry it out. Also, the relationship to Supreme Court decisions, relevant legislation, and numerous demographic, attitudinal, and organizational variables are examined for their impact on Affirmative Action attitudes. A questionnaire was utilized to assess support for AA and its correlates. The majority of personnel managers indicate support for both AA in theory and the mechanisms required to carry these programs out. This research indicates either very small or no differences exist between support for AA concepts versus AA mechanisms, support for gender -based versus race-based AA, or support reported by private sector versus public sector personnel managers for AA. How personnel managers perceive the impact of Court Decisions and the 1991 Civil Rights Act on AA implementation, although small, was found to be a significant correlate of AA attitudes. The race of the respondent was found to be the most significant determinant of AA attitudes. Although minorities were found to be more supportive than nonminorities, both were found to register support for these programs.
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Snyder, Nerissa Lovella Rea. "What does it mean to a Black man in the United States of America?" Diss., Virginia Tech, 2019. http://hdl.handle.net/10919/87708.
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Scarce is the research on the effects of the social and political climates of the Civil Rights era on children of that time. Comparisons are made throughout these writings between that era and the social and political climates that exist today in the United States of America. Specifically, the effects of these climates on Black males are examined across contexts. To better understand the Black male perspective, this body of research contributes to filling the gap of scarce research about older Black men, exploring lived experiences of eight African-American and Black men, 66-78 years of age, through first person interviews. A phenomenological research design and first person interviews allowed the researcher to find themes in the lived experiences of these men. Some of their life experiences (e.g., experiencing racism and disrespect related to being Black men), parallel the research findings throughout the literature review about the life experiences of generations of younger Black males that are coming behind them. Six themes were drawn, from the lived experiences of these men, to answer two research questions that guided the study. Those themes are: 1) personal experience with discrimination, racism or prejudice, 2) the need for strong familial support, 3) the importance of being aware of differences, 4) learning about your-self, 5) giving back to family and community and, 6) views about the need for counseling. From this research, implications are made for counselors, counselor educators and community advocates.EDD
There are not a lot of research articles that follow the lives of children that lived through the Civil Rights Era, specifically young Black boys of that time. That era was full of social and political climates that the researcher compares to the social and political climates that exist as recently as the time of these writings in 2018. In this research study, the researcher interviewed eight African-American and Black men, ages 66-78, about their experiences living as men in the United States of America. Their life experiences are filled with lessons about racism, building positive family support, learning about yourself, taking care of responsibilities and community advocacy, to name a few. One of many potential benefits of these experiences is the impact it can have on young Black boys today who are living through social and political climates like those that the men interviewed lived through. The men interviewed were able to look back on their lives as young men and offer words of wisdom and advice to young Black men today. These words of wisdom and research have the potential to benefit the way mental health clinicians provide care for their clients, the way community members advocate for their young Black male citizens and the way police interact with citizens, specifically young Black men. For the purpose of this research, African-American is the term used to describe an American of African and especially of black African descent. Black is the term used to describe a person having origins in any of the Black racial groups of Africa. The men interviewed were also asked about their view of respect which, for this research, is defined as: high or special regard: the quality or state of being esteemed.
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Benedict, Kathryn M. "Exploring the Intersection of Designing for Crime and the Future of the Public Forum". VCU Scholars Compass, 2019. https://scholarscompass.vcu.edu/etd/5798.
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As more public spaces are under the influence of private stakeholders in cities, it is important to consider the role, both financial and social, that these stakeholders have on the design of the physical space and the users of the space. This analysis will utilize a qualitative methodological approach to understand the contested redevelopment of a public park in Richmond, Virginia as it transitioned from a city-owned space to a public-private partnership. By gaining a better understanding of the major spheres of influence involved in the redevelopment, namely the large public university and the corporations adjacent to the space, it is understood that the public spaces in question take on forms that are less public and more exclusionary in nature. Upon the conclusion of this analysis, I provide suggestions and recommendations for the future of the public forum and the role that private stakeholders might have in public spaces going forward.
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Adamatti, Bianka. "The Tangled Roots of the Holocaust: An Analysis of the Evolution of Colonial Discourse through the Prohibition of Sexual Relations and Marriages between Races". Digital Commons @ East Tennessee State University, 2021. https://dc.etsu.edu/etd/3884.
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The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious to racist thought. Analyzing German Southwest Africa, there is the application of racist pseudoscience, and finally, in Nazism, a mixture of both, but also an evolution of colonial discourse. At the end, I proved the existence of colonial discourse in the Nuremberg Laws, demonstrating how earlier colonialisms influenced the Holocaust.
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Cano, Leobardo. "Public School Teaching and Administrative Employment Applications in Texas: A Study of Compliance with and Awareness of the Civil Rights Acts of 1964 as Amended in 1972, and Equal Employment Opportunity Commission Policies and Regulations". Thesis, North Texas State University, 1985. https://digital.library.unt.edu/ark:/67531/metadc330769/.
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The purpose of this study was to determine whether application forms used in Texas public schools for teachers and administrators were in compliance with federal Equal Employment Opportunity Commission (EEOC) and Texas Human Rights Commission Act (THRCA) regulations regarding preemployment practices. Participating in the study were 740 public school districts in Texas. The study also attempted to determine if these application forms are in violation of EEOC regulations pertaining to pre-employment practices and whether classification based on the districts' size, wealth, student ethnicity and geographical location has a bearing on the degree of compliance with and awareness of EEOC and THRCA regulations. A model employment application form and set of guidelines were developed for school districts to use in securing pre-employment information. Inferential statistics were used through various applicable designs. Three different types of analysis were utilized. These were a Descriptive Analysis, a Goodman- Kruskal Gamma (y) Coefficient—chi-square analysis and a Multiple Regression analysis. The descriptive analysis included the calculation of percentages of the suspect questions appearing on teacher and administrator application forms utilizing the Criteria Used to Determine EEO Compliance and Awareness Among Texas School Districts. The Goodman-Kruskal Gamma (y) Coefficient and the chi-square analysis were employed in order to determine differences in compliance and awareness based on the districts' size, wealth, student ethnicity and geographical location. The GAMTAU. ASC Computer Program was used to test the Gamma values, with a standard z-score. The Multiple Regression analysis was employed to determine to what extent variation in the use of total suspect questions correlated with size, wealth, ethnicity and geographical location. The results of the data analyzed reveal that the size and ethnicity of the school district had a weak but significant correlation with EEO compliance and awareness based on employment application forms for teachers and administrators and that school districts in Texas were not in compliance with EEOC and THRCA regulations regarding application form pre-employment practices.
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Al-Aulaqi, Nader. "Arab-Muslim views, images and stereotypes in United States". CSUSB ScholarWorks, 2003. https://scholarworks.lib.csusb.edu/etd-project/2275.
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Redding, Zandria. "The Influence of Testifier Type and Race on Jury Decision Making". DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 2019. http://digitalcommons.auctr.edu/cauetds/179.
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The current study examined the relationship of testifier type (expert, character witness) and race. Fifty-three participants were selected via convenience sampling to read four scenarios and answer a series of questions regarding the guilt or innocence of the defendant in each scenario. The scenarios included the absence or presence of racial identifiers and the presence of either a character witness or the testimony of an expert. It was hypothesized that the scenario with the presence of expert testimony will yield more guilty verdicts as well as the effectiveness of the testimony will cause a participant to yield a guiltier verdict. The research concluded that participants rendered more guilty verdicts in the absence of race. Additionally, expert testimony was found to be more effective than the testimony of a character witness even when both testifiers presented the same information.
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Westlin, Joseph. "Physical Ability Testing: A Review of Court Cases 1992-2014". TopSCHOLAR®, 2014. http://digitalcommons.wku.edu/theses/1348.
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Selecting employees for hire and promotion is one of the most essential functions of an organization. Many companies that have positions which contain a physical component rely on physical ability testing as part of their selection procedure. The establishment of both the Civil Rights Act and the Americans with Disabilities Act (ADA) had a profound impact on the manner in which selection testing may legally be conducted (Gutman, Koppes, & Vodanovich, 2011). The current study sought to analyze court cases involving physical ability testing. Results revealed that pure ability tests did not significantly differ from work sample tests with regard to whether court cases found for the plaintiff or defendant. Additionally, rulings did not significantly differ in ruling in favor of the plaintiff or defendant with regard to whether the position in question involved public safety. Finally, the ADA related cases did not significantly differ in their rulings in favor of the plaintiff or defendant after the 2011 modifications to the interpretation of disabled, as compared to before 2011. Future research should focus on the difference between court rulings involving physical ability tests in comparison to other forms of testing such as cognitive tests, and further investigate the role of the ADA in physical ability testing.
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Rackley, David R. "A county level analysis of the jury source lists in the state of Georgia and the effects of the National Voter Registration Act on source list composition". Virtual Press, 1997. http://liblink.bsu.edu/uhtbin/catkey/1217380.
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This study assesses the levels of diversity in the jury source lists in the State of Georgia utilizing voter registration data as of February 1997, and the effects of the National Voter Registration Act (NVRA) on diversity levels. The data indicates that, while the NVRA has increased registration rates, the rates for blacks has been only slightly higher than that of whites. Thus, the problems of diversity have not been significantly effected by the NVRA.This paper discusses the issue of cognizable class, and reiterates arguments supporting the recognition of young persons and non-voters as cognizable. Also assessed are the methods of measuring source list disparity, with attention given to problems associated with the absolute disparity test, and argues for the use of the Chi-Square "Goodness of Fit" test to measure source list disparity.Current levels of disparity are calculated using both absolute disparity and ChiSquare. These are found in the appendix. Analysis is done by assessing the percentage of source lists (for which there is data) that should be presumed invalid using the five percent criterion for absolute disparity and the fifty percent criterion for Chi-Square.Analysis using both absolute disparity and Chi-Square indicates that many source lists in the State of Georgia are not representative of the population. While absolute disparity invalidates only few source lists, the Chi-Square statistic indicates that the problem is much more widespread.Both absolute disparity and Chi-Square results indicate that age is the most important variable with regard to under-representation. Young persons (18-29) are found to be under-represented more often than any other group regardless of race and/or sex. This is particularly evident when looking at the Chi-square results. While blacks are generally found to be under-represented more often when compared to similar sex and age aggregates for whites, the levels of under-representation of race and sex aggregates remain closely related to age.Department of Political Science