Beyond Racial Precedents: Loving v. Virginia as an Appropriate Legal Model and Strategy for Same-Sex Marriage Litigation

This thesis explores how LGBT marriage activists and lawyers have employed a racial interpretation of due process and equal protection in recent same-sex marriage litigation. Special attention is paid to the Supreme Court's opinion in Loving v. Virginia, the landmark case that declared anti-miscegenation laws unconstitutional. By exploring the use of racial precedent in same-sex marriage litigation and its treatment in state court cases, this thesis critiques the racial interpretation of due process and equal protection that became the basis for LGBT marriage briefs and litigation, and attempts to answer the question of whether a racial interpretation of due process and equal protection is an appropriate model for same-sex marriage litigation both constitutionally and strategically. The existing scholarly literature fails to explore how this issue has been treated in case briefs, which are very important elements in any legal proceeding. I will argue that through an analysis of recent state court briefs in Massachusetts and Connecticut, Loving acts as logical precedent for the legalization of same-sex marriage. I also find, more significantly, that although this racial interpretation of due process and equal protection represented by Loving can be seen as an appropriate model for same-sex marriage litigation constitutionally, questions remain about its strategic effectiveness, as LGBT lawyers have moved away from race in some arguments in these briefs. Indeed, a racial interpretation of Due Process and Equal Protection doctrine imposes certain limits on same-sex marriage litigation, of which we are warned by some Critical Race theorists, Latino Critical Legal theorists, and other scholars. In order to fully incorporate a discussion of race into the argument for legalizing same-sex marriage, the dangers posed by the black/white binary of race relations must first be overcome.

From Truth to Justice: How Does Amnesty Factor In? A Comparative Analysis of South Africa and Sierra Leone's Truth and Reconciliation Commissions

Truth and Reconciliation Commissions (TRC) have emerged in the last few decades as a mechanism for a state to overcome widespread, grave, human rights violations. There are numerous approaches to a TRC all with an ultimate goal: that formerly warring factions, perpetrators, witnesses, and victims can move forward as a united people. I propose that the provision of amnesty is critical to the success of a TRC. I hypothesize that the form of amnesty chosen (i.e. blanket v. conditional amnesty) determines the revelation of truth and realization of justice, which in turn dictates whether a TRC can achieve reconciliation. To test this hypothesis, I use two case studies: South Africa, which has utilized conditional amnesty, and Sierra Leone which has employed blanket amnesty. I create a model for measuring reconciliation. I can then look at the implications of both types of amnesty and assess which, in the end, is more effective. My overarching conclusion is that the provision of conditional amnesty is more effective than blanket amnesty in achieving reconciliation. Ultimately, I hope that this conclusion can be generalized to other TRCs.

Freedom Fries or Friendship Fries? : Franco-American Stereotypes and Meta-Stereotypes

This study explores Franco-American relations by examining Franco-American stereotypes. When American participants made ratings of what they think the French think of Americans, the results showed that Americans think the French see Americans in a very negative light. Yet, when the French participants rated what they think Americans think of the French, the result was fairly neutral. Both the French and Americans were found to be over-estimating how negatively they are actually viewed by the other group. If Americans think the French view them negatively and vice versa, these beliefs can permeate interpersonal interactions and can have a potentially negative effect. The results suggest that stereotypes play an important role in intergroup interactions and these findings have important implications for Franco-American relations.

Adults'Education and Agricultural Innovation: A Social Learning Approach

Social learning processes can be the basis of a method of agricultural innovation that involves expert and empirical knowledge. In this sense, the objective of this study was to determine the effectiveness and sustainability of an innovation process, understood as social learning, in a group of small farmers in the southern highlands of Peru. Innovative proposals and its permanence three years after the process finished were evaluated. It was observed that innovation processes generated are maintained over time; however, new innovations are not subsequently generated. We conclude that adult learning processes and innovation based on social learning are more effective and sustainable; however, the farmers internalization in innovation processes is given longer term.

Use of Tablet Pcs in Higher Education: A new Strategy for Training Engineers in European Bachelors and Masters Programmes

The use of technology in classrooms in Spanish universities has been following an upward path, and in many cases technological devices are substituting other materials that until now have been used, such as books, notebooks and so on. Step by step in higher education, more of these latest generationdevices are being used, and are providing significant improvements in training. Nowadays, there are Spanish universities that use tablets, a device with multiple applications for teaching as well as for students to study differently. They are definitely a notable innovation that will gradually become incorporated into university life. Tablet PCs make teaching more dynamic and available to students through the use of up to date digital materials, something which is key in training engineers. This paper presents their different functions employed in three Spanish universities to support teachingin engineering degrees and masters using the tablet PC, and their impact on the training process. Possible uses in specific programs like the Erasmus Masters Programmes are also assessed. The main objective of using tabletsis to improve the academic performance of students through the use of technology.

Social Capital and International Migration from Latin America

We combine data from the Latin American Migration Project and the Mexican Migration Project to estimate models predicting the likelihood of taking of first and later trips to the United States from five nations: Mexico, the Dominican Republic, Costa Rica, Nicaragua, and Peru. The models test specific hypotheses about the effects of social capital on international migration and how these effects vary with respect to contextual factors. Our findings confirm the ubiquity of migrant networks and the universality of social capital effects throughout Latin America. They also reveal how the sizes of these effects are not uniform across settings. Social capital operates more powerfully on first as opposed to later trips and interacts with the cost of migration. In addition, effects are somewhat different when considering individual social capital (measuring strong ties) and community social capital (measuring weak ties). On first trips, the effect of strong ties in promoting migration increases with distance whereas the effect of weak ties decreases with distance. On later trips, the direction of effects for both individual and community social capital is negative for long distances but positive for short distances.

Polemos and Paideia: On the Weaponization of the School in Late Capitalism

A popular refrain in the politics of American education, often buttressed by a steady stream of studies, contends that ‘we are falling behind’ students from other countries. Sometimes this decline is specified in terms of discipline, but the general premise is that American students lag behind their foreign counterparts, with special dread attached to the notion of falling behind adversaries such as China. The failure to rectify our educational inadequacies apparently portends a genuine crisis, the loss of global dominance. The articulation of such fears is particularly instructive in discerning the political role of education in late capitalism, its conceptualization and uses within the context of politics. How do the fears of falling behind speak to the political role of education in late capitalism? I draw upon the ideas of the Herbert Marcuse and his Marxist intervention into Freudian psychoanalysis. Using Marcuse’s framework, I argue that in late capitalism the political role of education, formerly understood to serve life affirming value, has been reoriented to further the aims of the death drive. The fears of falling behind, and the policies that have followed, are symptomatic of a disposition toward education that has reconfigured the school as a means of conquest, subjugation, and war.

Social-cognitive Antecedents of Ambidextrous Orientation in Family-owned Startups: The Role of Family Ties, Achievement Motivation, and Internal Locus of Control

Regulatory Focus Theory predicts that the motivation to self-regulate goal-directed thought and behavior depends on two distinct regulation strategies: a promotion focus based on attaining gains and a prevention focus based on avoiding losses. This study took a social-cognitive approach predicting that regulatory focus has an impact on how family startups (several family related founders) explore “new ideas”, exploit “old certainties” and achieve the balance of both (ambidexterity), compared to lone founder startups (only one founder present). It was proposed that the social context of family ties among founders leads them to a prevention focus concerned with avoiding the loss of the socio-emotional benefits of those ties. In order to avoid such a loss, family founders were expected to increase their risk perceptions and thus, explore less than lone founders, who lack such socio-emotional ties. It was also proposed that two commonly used psychological traits in entrepreneurship research --achievement motivation and internal locus of control, predispose entrepreneurs to a promotion focus. Founders with a promotion focus, in turn, were hypothesized to lead startups to more risk-seeking behaviors and to more explorative orientation. The previous argument was used as a springboard to derive hypotheses about ambidexterity (the ability to exploit and explore simultaneously) and survival hazards. Using Regulatory Focus Theory, exploitative orientation, conceptualized as the motivational strength to continue on previous paths of action, was hypothesized to be not significantly different from that of lone founder startups. Taking previous arguments together, lone founder startups were hypothesized to be more ambidextrous than family startups. Finally, ambidexterity and internal locus of control were hypothesized to reduce survival hazards in family startups. The findings suggested that family startups explore less than lone founder startups even after controlling for group effects. Interesting but contradictory findings revealed that internal locus of control have both a positive direct effect and a positive interaction that increases the explorative and ambidextrous orientation gap of family startups over lone founder startups. As expected, ambidexterity and internal locus of control reduced survival hazards on family startups. Implications for practitioners were derived based on a sample of 470 nascent entrepreneurs.

International regional planning educational experience : learnings from Malaysia, Korea and Turkey study trips

In an era of rapidly changing economic, social and environmental conditions, urban and regional planning education must be resilient, innovative and able to deal with the complex political and socio-economic fabric of post-modern cities. As a consequence, urban and regional planning education plays a fundamental role in educating and forming planning practitioners that will be able to tackle such complexity. However, not many tertiary education institutions provide a trans-cultural engagement opportunity for students, where the need to internationalise planning education has been widely recognised worldwide. The aim of this paper is to communicate the findings of three overseas study trips (Kuala Lumpur-Malaysia, Daejeon-Korea, Istanbul and Gallipoli-Turkey) that students of Queensland University of Technology are taken to where these study trips trailed the provision of an innovative tertiary education experience of teaching regional planning in an international context. The findings of the pedagogic analyses of the study reveal that the exposure of students to different planning processes and practices give them a new outlook on what they knew from their own country and provide them with useful insights on international planning issues and cultural differences and barriers.

Driver response time of queuing vehicles at urban signalized intersections

Driver response (reaction) time (tr) of the second queuing vehicle is generally longer than other vehicles at signalized intersections. Though this phenomenon was revealed in 1972, the above factor is still ignored in conventional departure models. This paper highlights the need for quantitative measurements and analysis of queuing vehicle performance in spontaneous discharge pattern because it can improve microsimulation. Video recording from major cities in Australia plus twenty two sets of vehicle trajectories extracted from the Next Generation Simulation (NGSIM) Peachtree Street Dataset have been analyzed to better understand queuing vehicle performance in the discharge process. Findings from this research will alleviate driver response time and also can be used for the calibration of the microscopic traffic simulation model.

Design and delivery of a distance education programme : educating Vietnamese nurse academics from Australia

In 2008 a move away from medical staff providing nursing education in Vietnam saw the employment of many new nurse academics. To assist in the instruction of these novice academics and provide them with sound teaching and learning practice as well as curriculum design and implementation skills, Queensland University of Technology (QUT) successfully tendered an international grant. One of QUT’s initiatives in educating the Vietnamese academics was a distance learning programme. Developed specifically for Vietnamese nurse academics, the programme was designed for Australian based delivery to academics in Vietnam. This paper will present an overview of why four separate modules were utilised for the delivery of content (modules were delivered at a rate of one per semester). It will address bilingual online discussion boards which were used in each of the modules and the process of moderating these given comments were posted in both Vietnamese and English. It will describe how content was scaffolded across four modules and how the modules themselves modelled new teaching delivery strategies. Lastly, it will discuss the considerations of programme delivery given the logistics of an Australian based delivery. Feedback from the Vietnamese nurse academics across their involvement in the programme (and at the conclusion of their fourth and final module) has been overwhelmingly positive. Feedback suggests the programme has altered teaching and assessment approaches used by some Vietnamese nurse academics. Additionally, Vietnamese nurse academics are reporting that they are engaging more with the application of their content indicating a cultural shift in the approach taken in Vietnamese nurse education.

Local on-ramp queue management strategy with mainline speed recovery

Ramp metering is an effective motorway control tool beneficial for mainline traffic, but the long on-ramp queues created interfere with surface traffic profoundly. This study deals with the conflict between mainline benefits and thecosts of on-ramp and surface traffic. A novel local on-ramp queue management strategy with mainline speed recovery is proposed. Microscopic simulation is used to test the new strategy and compare it with other strategies. Simulation results reveal that the ramp metering with queue management strategy provides a good balance between the mainline and on-ramp performances.

Teaching design thinking : Expanding horizons in design education

The term design thinking is increasingly used to mean the human-centred 'open' problem solving process decision makers use to solve real world 'wicked' problems. Claims have been made that design thinking in this sense can radically improve not only product innovation but also decision making in other fields, such as management, public health, and organizations in general. Many design and management schools in North America and elsewhere now include course offerings in design thinking though little is known about how successful these are with students. The lack of such courses in Australia presents an opportunity to design a curriculum for design thinking, employing design thinking's own practices. This paper describes the development of a design thinking course at Swinburne University taught simultaneously in Melbourne and Hong Kong. Following a pilot of the course in Semester 1, 2011 with 90 enrolled students across the two countries, we describe lessons learned to date and future course considerations as it is being taught in its second iteration.

Public acceptance towards congestion charge : a case study of Brisbane

This paper investigates public acceptance towards congestion charge in Australia by taking Brisbane as a case study. Public acceptance to congestion charge has often been investigated in the literature. However, few were in the context of an Australian city. This paper fills the gap. A face-to-face survey was conducted to solicit public opinions on the congestion charge, should a congestion charge scheme be implemented in the Brisbane City area. The survey data were analysed to pinpoint important factors relevant to people’s attitudes towards congestion charge and to measure their relationships. Main findings from our analysis are: (1) the residents’ attitudes towards congestion charge differ by genders and by user groups of transport modes; (2) for each of the three groups (i.e., the auto users, the transit riders, and the whole participants), a positive and stable correlation was found between a participant’s attitude towards congestion charge and the effectiveness of congestion charge on reducing traffic congestion. A negative and stable correlation was also found for all three groups between a participant’s attitude towards congestion charge and congestion charge’s negative impact on the attractiveness of working in the city; (3) the auto users tended to be more sceptical about the service capacity of existing transit systems in coping with extra passengers induced by the implementation of congestion charge; and (4) for people with high income, introducing the congestion charge may have no impact on their travelling to the city.

A methodology for estimating exposure-controlled crash risk using traffic Police crash data

Exposure control or case-control methodologies are common techniques for estimating crash risks, however they require either observational data on control cases or exogenous exposure data, such as vehicle-kilometres travelled. This study proposes an alternative methodology for estimating crash risk of road user groups, whilst controlling for exposure under a variety of roadway, traffic and environmental factors by using readily available police-reported crash data. In particular, the proposed method employs a combination of a log-linear model and quasi-induced exposure technique to identify significant interactions among a range of roadway, environmental and traffic conditions to estimate associated crash risks. The proposed methodology is illustrated using a set of police-reported crash data from January 2004 to June 2009 on roadways in Queensland, Australia. Exposure-controlled crash risks of motorcyclists—involved in multi-vehicle crashes at intersections—were estimated under various combinations of variables like posted speed limit, intersection control type, intersection configuration, and lighting condition. Results show that the crash risk of motorcycles at three-legged intersections is high if the posted speed limits along the approaches are greater than 60 km/h. The crash risk at three-legged intersections is also high when they are unsignalized. Dark lighting conditions appear to increase the crash risk of motorcycles at signalized intersections, but the problem of night time conspicuity of motorcyclists at intersections is lessened on approaches with lower speed limits. This study demonstrates that this combined methodology is a promising tool for gaining new insights into the crash risks of road user groups, and is transferrable to other road users.