Dissertations / Theses on the topic 'Just terms'

One of the most common goals of political theory is to inform just choice; with ‘just choice’ referring to the class of practical, political decisions that result in society becoming more just. However, important questions can be asked about the best way political theory can perform this informing function. In this thesis I look to answer some of these questions through my defence of an ideal theory approach to just choice. This approach claims that ideals, that is, conceptions of the rules that would govern a fully just society, are necessary in order to arrive at just choices. I look to show the conditions ideal theory and ideals have to satisfy in order to perform this just choice informing role. In doing this this thesis underlabours for ideal theory by providing theoretical support for future substantive work in this area. This thesis proceeds as follows. Chapter 1 provides an overview of the structure of the thesis, the main areas of debate, and the implications of my research. Chapter 2 addresses the fundamental question discussed above, seeking to demonstrate that it is only when our choices are informed by ideals that we are consistently able to make just choices. Chapter 3 considers the distinction between short-term choice, which aims to make society immediately more similar to an ideal, and long-term choice, which aims to ultimately realise an ideal in full. I look to show the conditions that ideals have to satisfy in order to inform each type of just choice. Particularly important here are the feasibility conditions that have to be met by ideals that are to inform long-term choice. Chapter 4 considers a conundrum confronting those aiming to make just choices. All other things being equal long-term choice offers greater rewards than short-term choice does; however short-term choice is lower risk, requiring less investment of political resources such as time, labour, and money, and promising more likely returns on these investments. In this chapter I look to show the conditions that have to hold for it to be defensible to favour a long-term approach over a short-term approach. Chapter 5 considers whether the methods required of ideal theory, particularly the feasible ideal theory required of long-term choice, may be inherently contradictory. This is due to possible tensions between fact-sensitive and fact-insensitive aspects of the theorising process. In this chapter I look to show that this is not the case and that the ideal theory process is not contradictory. Chapter 6 summarises my key arguments and reflects on some of the main themes of this thesis.

The sports industry has been made distinct from traditional business for many reasons including its body of stakeholders and its position in popular media. For these reasons, corporate social responsibility (CSR) efforts and the communication of them in professional sports is known to be addressed differently. The following research has been conducted in order to learn how well professional sports teams are doing to communicate CSR to the particular stakeholders who are also their social media followers. Sports teams' Twitter accounts were analyzed and tweets concerning CSR were identified. Findings suggested that only 3.94% of professional sports teams' tweets were related to CSR. It was also found that intrinsically, market size and on-field team performance do not affect CSR tweeting. When viewed together, however, it has been found that smaller market losing teams tweet more CSR than larger market losing teams while smaller market winning teams tweet less CSR than larger market winning teams. This finding lends insights into the strategic purposes of CSR in the professional sports industry. When small market sports teams do not have a successful season, they seem to restore their reputation via the CSR function more so than larger market teams in a similar situation do. Additionally, winning teams of the larger market tweet more CSR than smaller market winners. The conclusion is that, although relatively little CSR tweeting is done in professional sports, smaller market professional sports teams' CSR tweeting is spurred by poor performance, whereas larger market sports teams' CSR tweeting is spurred by winning.

Purpose - The aim of the paper is to understand how management is affected by having the customer as a member of the global virtual team within agile work methods. Research Method - This research is based on a qualitative methodological choice, and an embedded single case study conducted through a cross-sectional time horizon. The research is based on primary and secondary data. The primary data has been collected from management, employees, and customer, through semi- and in depth interviews, and observations in Sri Lanka. Secondary data is conceptualized from literature in the Global Virtual Team research field. Results - A customer is seen as a colleague and a critical team member, where the developers and management work closely with the customer. However, the customer is not fully seen as a traditional colleague. The customer’s influence outweighs the influence of the supplier, resulting in a dynamic shift of influence towards the customer. Not allowing the dynamic shift, i.e. not increasing attention towards the customer significantly, could result in a loss of business. Furthermore, the background of the customer affects the manager’s role as a Bridge Maker. How efficient the collaboration turns out within the team is dependent on the customer background, and how well the management allocates time and efforts accordingly. Research limitations - Due to time and resource limits, and the depth scope of the study, only one case firm and one customer laid the basis of this paper. Further investigation of how management is affected by having the customer as a member of the global virtual team could be the direction of future studies. Practical implications - The findings allow management to allocate their time and resources more effectively cross projects and increase the understanding of how the firm is affected by having the customer as a member of the team in the global virtual team setting. As a result, it will potentially increase the overall success of the company. Originality/value - This study supplies the contribution to existing management literature as it includes an external stakeholder, the customer, in the global virtual team, which is a growing phenomenon that has not been captured by current literature. Keywords - Global teams, Virtual teams, Multicultural teams, Customer as a team member, Bridge Maker, Team leadership, Biculturalism, Agile work process Paper type – Master thesis

The economic downturn and ageing population has caused a rethink of a number of services: social housing providers are, as a result of the Coalition’s housing strategy (mainly enacted by the Localism Act 2011), not only considering who should be given low cost and secure housing, but for the first time, how long people should be housed. Demand is high for social properties and providers are urged to use their scare resources wisely; however, social housing is popularly viewed as a tenancy of last resort. This thesis explores a new phenomenon: why will the introduction of a policy to fix the term (length) of a tenancy be effective when social housing is considered not only to be the least desirable tenancy, but one that causes personal, economic and social difficulty. Surely, these issues alone would be enough of a stimulus for tenants to leave without any further limitations set by the State or the housing provider, if they were able to? This thesis uses the case study method to look at, in a highly qualitative way, the lived experiences of a number of tenants who have resided in their social homes for five years on traditional social tenancies. Fixed term tenancies will typically be five years in length and we are still a number of years away from being able to study what the actual impact will be. The issue is explored by understanding what would be the outcomes if the participants were on fixed term tenancies. As a result, a hermeneutic methodology was required. The study found that, good thing or not, fixed term tenancies are not shunned by likely applicants who, at the point of allocation, are not concerned about what might happen in five years’ time. In addition, an acute shortage of housing (across all tenures) is reducing the expectations of newly-forming households. Few tenants would not be offered a further tenancy (at the same or smaller property) at the end of five years as their circumstances are likely to remain largely unchanged.

This dissertation identifies and theorizes a new form by which leaders exert their influence over subordinates: hierarchical-decentralization. To further investigate hierarchical-decentralization and its effects on team outcomes, we develop two research themes which include three independent studies. The first research theme focuses on how hierarchical-decentralization influences team processes and team performance. We conduct an experimental study (Study 1-1) and a field study (Study 1-2) on this research theme. In Study 1-1 (detailed in Chapter 2), we conceptualize hierarchical-decentralization, examine the relationship between hierarchical-decentralization and team performance, and test whether and why hierarchical-decentralization produces higher team performance than either centralization or decentralization. Through an experimental study, we found that hierarchical-decentralization was positively related to team performance, and that hierarchical-decentralization outperformed either centralization or decentralization in steering team performance. Following Study 1-1, we conduct Study 1-2 (described in Chapter 3), which aims to further explore the underlying mechanism that produces the positive effect of hierarchical-decentralization on team performance, and to identify the conditions under which the benefit of hierarchical-decentralization tends to become more noticeable. Through a field study, we found that team coordination mediated the relationship between hierarchical-decentralization and team performance. We further found that inter-team competitive intensity strengthened the positive relationship between hierarchical-decentralization and team coordination, as well as the positive indirect relationship between hierarchical-decentralization and team performance via team coordination. The second research theme focuses on the application of influence structure of hierarchical-decentralization to the research on leader-member exchange (LMX) differentiation. We conduct a field study (Study 2) on this research theme. Specifically, in Study 2 (detailed in Chapter 4), we investigate whether and why the vertical chain of influence among team members (we follow the research conducted by Burderson et al (2016) and refer it to acyclicity) would offset the detrimental effect of LMX differentiation on social relations among team members and ultimately on team performance. Through a field study covering 89 diverse working teams, we found that LMX differentiation became to be not significantly related to status conflict when a team had a high level of acyclicity and meanwhile when its team members' LMX statuses were in line with their influence levels within acyclicity. Although this relationship is not statistically significant, the negative relationship between LMX differentiation and status conflict somewhat suggests that acyclicity, when all of the most influential members within it are of the highest relationship qualities with leaders, might have the potential to turn the detrimental effect of LMX differentiation on social interactions among team members into a beneficial effect (i.e., one that reduces status conflict among team members). We further found that status conflict was negatively related to team performance, and that it mediated the relationship between LMX differentiation and team performance. The theoretical and practical implications of the two research themes are then discussed.

Abstract Background: Marketing in the current era is more complex than before, companies need to be creative and utilize more marketing mediums in order to stand out and reach a greater audience. Many companies thus implement sponsoring activities connected to sports to reach a greater and more specific audience. Football is the world’s most popular sport, it attracts billions of people and by sponsoring a football team, companies can access the attention of these people. Problem: Despite sponsorships popularity, there are difficulties in measuring the results and the long-term business purpose. Yet companies spend millions of dollars each year on sponsorships of elite football teams, even though the return on investment appears to be seemingly low. Purpose: This research aims to gain further understanding of the reasons why and what makes companies decide to sponsor Swedish elite football teams. On a further note, companies’ expectations and what they value in a sponsorship will be presented. The research will also examine possible business benefits correlated to the sponsorship. Lastly, the companies’ eventual measurements of the sponsorships are examined. Method: The research has been conducted through a qualitative approach of nine semi-structured in-depth interviews.  The interviewees hold managerial positions in corporations who sponsor Swedish elite football teams. The data was analysed and further compared to existing literature within the field. Results: The results from this research indicates that the expectations and what companies’ value in a sponsorship often coincide. On a further note, these companies prioritize gaining access to the brand and network of the sponsored team to use within marketing as well as building relationships. Companies also see sponsorships as part of their CSR-projects to contribute to society. All the companies considered either had a local connection or heartful relation to the sponsored club. Regarding measuring the sponsorships, few companies have any sort of measurement in place but rather evaluates the sponsorship on more than just numbers.

There is no doubt that every corner of the manufacturing world is changing in important ways. Industries that were once dominated by North American and Western European companies are now global, and competition around the world is intense. No manufacturer can afford to be complacent about past successes and expect to survive. The pressures of competition are significant, and they are growing. In Mexico too, companies are becoming concerned by the increasing global competition they are facing. The most immediate threat is posed by the USA and Canada as a consequence of the establishment of the North American Free Trade Agreement (NAFTA). Japanese competition is also increasing, and so too is the competition from the newly industrialised countries of Asia and Europe. Many Mexican companies which relied on cheap labour and had little outside competition are now threatened by technically more advanced companies. Manufacturers find themselves competing more intensely than ever before in international markets. This also means they face more intense competition in their own domestic markets from international producers. Of course, there is no blueprint for survival in the global market. But clear patterns emerge when one carefully examines the practices of those manufacturers regarded as "world class". A good deal of evidence suggests that the failure of some firms to survive in the global market is due to the mismanagement of people rather than to problems with technical systems per se. In particular, changes in manufacturing often are not accompanied by complementary changes in human resource management. Human resource management considerations such as Work Teams may be as important as other aspects of modern manufacturing, such as Just In Time (JIT) and Total Quality Management (TQM). Recognition of this issue is so widespread that most theorists see Work Teams (WT) as a critical link in the conversion to the modern manufacturing paradigm. This study investigates the impact of Total Quality Management (TQM), Work Teams (WT), and Just-In-Time (JIT) on the performance of Mexican manufacturing firms. The direction and magnitude of the impact is analysed for large, medium, small and Maquiladora industries. Findings of the study are intended to provide a clearer view of what impacts the performance of the companies. This overall theme is consistent with a long history of research on the integration of technology and organisation. Little empirical research has, however, investigated the effect of Work Teams, Just In Time manufacturing, and Total Quality Management programs as an integrated concept on the performance of manufacturing firms. Research to date has relied mainly on studying the effect of each factor as a stand-alone system on organisationsor case studies, which have frequently presented idiosyncratic practices or conflicting findings. Based on the model of Malcolm Baldrige Quality Award, and Mexican National Quality Award, a survey questionnaire was developed. It contained variables of the TQM, WT, and JIT practices which were measured on a five-point Likert type scale for all items to ensure higher statistical variability among survey responses- The respondents were asked to choose the grade (from 1 to 5) of implementing these practices in the last three to five years in their firms. The questionnaires were mailed to 230 large, 133 medium, 105 small, and 175 Maquiladora companies. The first section of the questionnaire gathered information on the quality improvement techniques practised by each firm based on a 68 questions on TQM, JIT, and WT, and the second section determined the outcome of the companies measured as the performance based on the perception of plant managers divided into 7 questions on operational results, customer satisfaction, and organisational climate. Reliability and validity tests were addressed in survey development and evaluation to provide confidence that the empirical findings accurately reflected the proposed constructs. While the reliability test permitted to the determining of the degree of systematic variance in the questionnaire, the validity test allowed labelling of this systematic variance. The findings reported here are based on questionnaire data collected covering 122 large, 60 medium, 56 small, and 60 Maquiladora manufacturing companies from different sectors. Given the purpose of the study, a principal component factor analysis with varimax rotation was used to examine the interrelationships among the variables and then explaining these variables in terms of their common underlying dimensions (factors). In order to examine the impact of these variables on the performance of the companies, a canonical correlation analysis was done. The study showed that no stand-alone improvement technique had an impact on the performance. The only significant impact was found when TQM, lIT, and WT were practised simultaneously.

L’abus d’une dépendance ou d’une faiblesse engendre automatiquement un déséquilibre dans le contrat. Surtout que, les relations contractuelles sont traditionnellement régies par le principe de l’autonomie de volonté et ses corollaires : de force obligatoire et de liberté contractuelle.Dans une ambition de compléter et de présenter un apport au système législatif égyptien : nous avons entamé nos travaux en 2016 par une étude approfondie de la notion d’exploitation en droit égyptien et de celle de la violence économique en droit français. Bien que la théorie d’exploitation soit consacrée en 1948 lors de la grande réforme législative égyptienne, sauf qu’elle demeure inactive et restreinte. Le législateur égyptien l’a limitée à deux cas d’altération morale : la légèreté notoire et la passion effrénée, de peur de l’insécurité juridique que celle-ci pourrait entraîner. Outre l’étude de ces notions, nous procédons à une étude similaire pour la notion d’équilibre contractuel. Afin de mettre en place celui-ci, nous devons, prima facie, savoir sa teneur et son ampleur.Et dans un but de présenter une expérience professionnelle inédite, nous avons décidé d’intégrer dans cette comparaison le droit anglais, un système juridique de common law : pensons ainsi à des résultats bien fructueux. Nous constatons, à ce stade, l’efficacité de certains mécanismes anglais dans le domaine tels que l’economic duress, l’undue influence (créée par l’equity), l’ unconscionability, l’inequality of barganining power et la consideration.Mais, nous nous rendons compte que les trois systèmes juridiques n’apportent des remèdes aux déséquilibres contractuels résultant des situations d’abus de dépendance qu’à postériori, c’est-à-dire en terme correctif et non pas préventif.À notre sens, la consécration du vice d’abus de dépendance n’est qu’un remède temporaire pour la correction des déséquilibres et des abus qui peuvent résulter de cette situation et pour réaliser ainsi un équilibre contractuel. Elle ne constitue pas une solution radicale pour les déséquilibres qui résultent des abus des situations de dépendance.Au final, la solution que nous envisageons et que nous conseillons au droit égyptien : c’est la consécration d’un principe directeur d’équilibre contractuel. Celui-ci présenterait le remède préventif, à priori qui permettrait de vérifier une justice des contrats. D’ailleurs, ce principe reconnaîtrait la tendance internationale, européenne et française actuelle de proposer des principes directeurs du droit des contrats dans chaque système juridique. Il répondrait ainsi à un contexte contractuel bien différent de celui connu depuis le Code Napoléon de 1804 et qui a eu un impact considérable sur le Code civil égyptien.Je ne suis pas la première a tenté de faire passer de la justice dans le contrat. Lacordaire un prédicateur du 19ème siècle, avait énoncé : « Entre le fort et le faible, entre le riche et le pauvre, entre le maître et le serviteur, c’est la liberté qui opprime, et la loi qui affranchit », Raymond Saleilles, un juriste éminent du début du 20ème siècle ne déclarait-il que : « Les juristes veulent pouvoir dire : ‘cela est juste parce que cela a été voulu’. Il faut désormais que l’on dise ‘cela doit être voulu, parce que cela est juste’ »
The objective of this thesis is to establish a principle of contractual justice, especially in Egyptian law, thus benefiting from French and English experiences in this regard. In terms of precision, we deal with situations of dependence where contracts are formed, from the outset, unbalanced. The idea for this thesis was implemented due to the French reform of contract law in 2016. The latter has been devoted to article 1143 of the Civil Code a new vice of consent: the vice of abuse of dependence related to the duress. In this perspective, we had the idea of comparing this new vice with the fourth vice; in the Egyptian law known as the vice of exploitation, which mainly deals with abuses of the moral weakness of the parties. In order to present an unprecedented comparative experience, we decided to integrate the English law in our field of research. The originality of this subject also appears in the fact of simultaneously treating dependence and contractual equilibrium. However, the subject of this thesis encounters several difficulties which concerns not only dependence, but also contractual justice. First of all, concerning the dependence: its concept has so far been unclear. The dependence is surrounded by several other notions which only hide it instead of clarifying it such as the state of necessity, the vulnerability, the state of need, the state of weakness, the constraint, the subordination, the ignorance, and the inexperience. In addition, dependence, mainly in French law, was known at the outset to special law, that is to say in criminal, consumer or competition law. It had no precise concept in contract law. We note in the end that dependence is a subjective state of moral weakness, but which must also widen to encompass adhesion or standard contracts and contracts including unfair terms. This perspective would provide real protection for weaker parties.As far as contractual balance is concerned, in addition to its conceptual imprecision, it encounters a more serious difficulty. This is contrary to the traditional and usual logic of autonomy of will known in the three legal systems. That is to say that the contract is correctly formed from the moment the parties grant their consents, even if the contract itself is unequal or unbalanced from the formation.However, the contract is properly formed unless proven otherwise. This gives a vision of the legal philosophy adopted: this is a corrective philosophy and not a preventive one. The legal sanction for unbalanced contracts is a posteriori and not a priori sanction. That is to say, the law establishes contractual balance through contractual imbalance.In our view, the contractual context in general must be strengthened by a legal principle competing with that of autonomy of will. This principle is the contractual justice. The latter would counterbalance the contractual relations usually governed by the principle of the autonomy of the will. It would make it possible to control the justice of contracts a priori.This solution might seem to some "utopian". It is, on the contrary, a very practical solution because balance in contractual relations is a supreme end which will help to decrease the cases of unbalanced contracts or the cases of contracts vitiated by the abuse of dependence

La tesis se encarga de analizar, por un lado, la integración y el desarrollo de las nuevas tecnologías en la Administración de Justicia; y, por otro, los parámetros que constituyen la validez y eficacia del documento electrónico.
La primera cuestión se centra en la configuración de los Sistemas de Información de la Oficina Judicial y del Ministerio Fiscal, así como de la informatización de los Registros Civiles, donde el art. 230 LOPJ es la pieza clave. Se estudian sus programas, aplicaciones, la videoconferencia, los ficheros judiciales y las redes de telecomunicaciones que poseen la cobertura de la firma electrónica reconocida, donde cobran gran relevancia los convenios de colaboración tecnológica. La digitalización de las vistas quizá sea una de las cuestiones con más trascendencia, teniendo en cuenta que el juicio es el acto que culmina el proceso. Aunque no todos los proyectos adoptados en el ámbito de la e.justicia se han desarrollado de forma integral, ni han llegado a la totalidad de los órganos judiciales. El objetivo final es lograr una Justicia más ágil y de calidad, a lo cual aspira el Plan Estratégico de Modernización de la Justicia 2009-2012 aprobado recientemente.
En referencia a la segunda perspectiva, no cabe duda que el Ordenamiento jurídico y los tribunales, en el ámbito de la justicia material, otorgan plena validez y eficacia al documento electrónico. Nuestra línea de investigación se justifica porque cada vez son más los procesos que incorporan soportes electrónicos de todo tipo, ya sea al plantearse la acción o posteriormente como medio de prueba (art. 299.2 LEC). Entre otros temas examinamos el documento informático, la problemática que rodea al fax, los sistemas de videograbación y el contrato electrónico.
La tesi s'encarrega d'analitzar, per una part, la integració i el desenvolupament de les noves tecnologies dins l´Administració de Justícia; i, per l'altra, els paràmetres que constitueixen la validesa i l'eficàcia del document electrònic.
La primera qüestió es centra en la configuració dels Sistemes d´Informació de l´Oficina Judicial i del Ministeri Fiscal, així com de la informatització dels Registres Civils, on l'art. 230 LOPJ es la peça clau. S'estudien els seus programes, aplicacions, la videoconferència, el fitxers judicials i les xarxes de telecomunicacions que tenen la cobertura de la firma electrònica reconeguda, on cobren gran rellevància els convenis de col·laboració tecnològica. La digitalització de les vistes tal vegada sigui una de les qüestions amb més transcendència, tenint amb compte que el judici es l'acte que culmina el procés. Però no tots el projectes adoptats en l'àmbit de la e.justicia s'han desenvolupat d'una manera integral ni han arribat a la totalitat dels òrgans judicials. L'objectiu final es assolir una Justícia més àgil i de qualitat, al que aspira el Pla Estratègic de Modernització de la Justícia 2009-2012 aprovat recentment.
En referència a la segona perspectiva, no hi ha dubte que l´Ordenament jurídic i els tribunals, en l'àmbit de la justícia material, donen plena validesa i eficàcia al document electrònic. La nostra línia d'investigació es justifica perquè cada vegada son més el processos que incorporen suports electrònics de tot tipus, ja sigui quant es planteja l'acció o posteriorment como a medi de prova (art. 299.2 LEC). Entre altres temes examinem el document informàtic, la problemàtica que envolta al fax, els sistemes de videogravació i el contracte electrònic.
The thesis seeks to analyse, on the one hand, the integration and development of the new technologies in the Administration of Justice; and, on the other, the parameters which constitute the validity and efficiency of the electronic document.
The first question centres on the configuration of the Information Systems of the Judicial Office and the Public Prosecutor, as well as the computerisation of the Civil Registers, where the art. 230 LOPJ it's the part key. Their programmes, applications, the Video Conferencing, the judicial registers and the telecommunication networks which are covered by the recognised electronic signatures, are studied, where the agreements on technological collaboration gain great relevance. The digitalisation of evidence might perhaps be one of the questions with most consequence, bearing in mind that the judgment is the act by which the process is culminated. Although not all the projects adopted within the compass of e.justice have developed completely nor have reached all the judicial organs. The final objective is to achieve an agile, quality Justice, to which the recently approved Strategic Plan for the Modernisation of Justice aspires.
With reference to the second perspective, there is no doubt that the juridical Ordinance and the tribunals within the compass of material justice grant full validity and efficacy to the electronic document. Our line of investigation is justified because there are more and more processes which are sustained by electronic supports of all kinds, whether it be at the establishment of the action or later, as a proof of it (art. 299.2 LEC). Amongst other things, we examine the computerised document, the problems which surround the fax, the systems for video recording and the electronic contract.

The interpretation of ‘acquisition of property on just terms’ in s 51(xxxi) of the Australian Constitution is contested. This thesis re-evaluates the historical, theoretical and comparative contexts of the placitum, and comprehensively examines the High Court’s s 51(xxxi) jurisprudence since Federation, in order to identify the best interpretation of the placitum – that is, one which is contextually coherent, doctrinally consistent and capable of resolving current interpretive controversies. The genesis of s 51(xxxi) is traced to two traditions: the English constitutional protection of private property expressed in the theory of Locke and Blackstone, as reflected in nineteenth century legislative practice in England and the Australian Colonies; and the European public law theory of eminent domain, as constitutionalised in the United States. Both traditions required full market-value compensation in every individual case when private property was appropriated. This was the understanding of s 51(xxxi) reflected in the Convention Debates and other relevant historical materials, and these contexts were habitually referenced by the Framers of the Australian Constitution. To the extent that the American experience contained a more robust justification for the requirement of compensation, and had been rigorously enforced by the Courts, s 51(xxxi) followed the American model. This is the interpretation of s 51(xxxi) adopted by the High Court for the first forty years: one focussed on the placitum’s purpose of protecting ‘individual rights’, and not on its role in conferring a ‘legislative power’. This changed after World War Two, when Justice (and later Chief Justice) Dixon led the Court away from its earlier jurisprudence and from the contextual understanding of s 51(xxxi), replacing the focus on the individual with a dominant concern to maximise legislative power. The s 51(xxxi) jurisprudence has never fully recovered from this deviation, despite increasing instances of reversion to aspects of the ‘individual rights’ approach over the ensuing years. To the extent that agreed difficulties remain in the Court’s interpretation of s 51(xxxi), this thesis demonstrates that the complete adoption of the ‘individual rights’ approach is the only contextually coherent and doctrinally consistent solution to those difficulties, given the historical, theoretical and comparative contexts of s 51(xxxi) and the development of the High Court’s jurisprudence interpreting the placitum.
Thesis (Ph.D.) -- University of Adelaide, Law School, 2011

Organizations use work teams to solve complex problems in innovative ways. As such, an abundance of diverse ideas, suggestions, and information should help organizations generate quality products and remain competitive. Yet, there is research which shows that women do not participate as much as men in face-to-face team interactions. Women often get fewer speaking turns than men, they speak for shorter lengths of time, and they are interrupted more often than men. As a result, women?s ideas may often be overlooked in work settings. This is problematic, because women make up 46 percent of the United States workforce, and not being active participants in meetings could results in underutilization of roughly half of the firm?s human capital. This study investigated whether the order of face-to-face and virtual communication used by virtual teams could be used as one means of increasing inclusion and participation of women in male-dominated teams. Results from 82 teams confirmed that women felt more included in the team when they communicated virtually first and then face-to-face as opposed to face-to-face first and then virtually. Findings supported a four-stage model where the medium of communication influences feelings of inclusion which influences participation (both self-reported and objective). Participation, in turn, influences perceptions of interpersonal justice, satisfaction with the team, and ratings received from team members. An objective measure of participation and team performance ratings from five independent raters also show that the more equally team members participate and the higher the team?s total communication volume, in both total speaking turns and words spoken, the higher the team?s ratings and the more creative the team?s output was judged to be.

碩士
國立暨南國際大學
諮商心理與人力資源發展學系輔導與諮商研究所
105
This study aimed to investigate how the training of long-term counseling would influence novice psychologists’ professional identification and job satisfaction. This study explored three key questions: Would the professional identity of novice psychologists who had joined apprentice program for long-term counseling varies from those who had participated in programs of other counseling approaches; would the training of long-term counseling affect novice psychologists’ level of job satisfaction? And last but not the least, what is the relation between professional identification and job satisfaction, especially for novice psychologists. In this study, quantitative method is a core component and the qualitative is the supplementary strategy. Information from subjects was first collected from on-line questionnaires. After data from the bulk of subjects was analyzed, the researcher selected appropriate subjects for face-to-face interview. Descriptive statistics, K-S test, Mann-Whitney U-test, Kruskal-Wallis test, and Spearman rho correlation were used. Interpretation of quantitative data was supplanted by qualitative data from interview transcripts structured by template analysis. The result showed that there is a significant difference of professional identification in the psychologists with different seniority, and a significant difference of the professional identification in terms of psychologists’ working hours and numbers of sessions. Besides, a significant difference can also be found in the job satisfaction of psychologists with different seniority, as well as in the job satisfaction of psychologists in terms of their working hours and numbers of sessions. We can also see the significant difference between effects of professional identification and job satisfaction. At the end of this thesis, the researcher would describe the limitation of the study due to difficulties in the research procedure, and would give suggestion according to the research results.

Dissertação de Mestrado em Ciências Jurídico-Forenses apresentada à Faculdade de Direito
Os prazos internupciais consagrados no nosso ordenamento jurídico consistem numa limitação das segundas núpcias, são um impedimento impediente, em que estas para se realizarem têm de respeitar um determinado período de tempo. Isto significa que qualquer um dos cônjuges que viu o seu casamento dissolvido por morte ou divórcio, declarado nulo ou anulável, tem de respeitar um prazo legal antes de ser autorizado a celebrar um novo casamento. Contudo este é diferente entre homem e mulher: ao primeiro aplica-se um prazo de cento e oitenta dias, à segunda de trezentos – arts. 1605º, nº1 do Código Civil e 1604º, al.b). As razões que o sustentam são essencialmente duas: em primeiro o tempus lugendi e em segundo a pretensão de evitar a turbatio sanguinis.Apesar de existirem algumas exceções a esta regra geral, coloca-se a questão de saber se esta deverá existir ou não atualmente, tendo em conta toda a evolução histórica, social e legislativa já vivida no nosso ordenamento. Torna-se necessário abordar a questão do prazo à luz dos princípios constitucionais que aparentam colidir com este, como sejam a igualdade dos cidadãos, o direito a celebrar casamento e até mesmo o direito a constituir família, princípios que aparentam estar de certo modo “abalados” pela essência e pelo resultado deste prazo. O instituto da filiação, o modo de estabelecimento da paternidade, o momento da conceção, o tempo de duração máxima e mínima da gravidez, a impugnação da paternidade e até os meios de prova admitidos na investigação da mesma, são todos eles, e a sua utilidade prática, postos em causa com a existência do prazo internupcial. Será então que o nosso ordenamento jurídico não tem já os meios e as formas necessárias à determinação a paternidade, sem existir a necessidade de uma limitação temporal?
The internuptial term in the portuguese law consistis in a limitation to the second marriage, it is an impediment, that states that a determinate time window until he can remarry. That means that any spuse that has seen his marriage dissolved either be it by death, divorce or by legal annulment, yet that time window differs either we are talking about husband or wife. The difference in treatment is justified by legal stipulations, article 1605º Civil Code and with two principles, tempus lugandi and turbatio sanguinis. There are some few exceptions to the rule but the question in hand is if the internuptial term is still necessary and actual according to the social and historical evolution. And if they are in line with portuguese constitutional principles, both the equality principle and the freedom to marry. In this dissertation we will analyze if the principles, tempus lugandi and turbatio sanguinis, are still valid as a juridical and social argument, and how the Civil Code gives the solutions needed to resolve the situations that both argue that they prevent. We will too analyze the law projets presented by three parties and the viability of the proposed alterations to the internuptial term. In the end, we will gather all the information given us by the law, the principle, by the social and historical evolution, the evolution of the Civil Codes and jurisprudence to determinate if it is still needed in the portuguese law the existence of the internuptial term has we know it.

This thesis examines the validity of exclusionary clauses in medical contracts, more especially, hospital contracts in which the healthcare provider exonerates itself against edictal liability arising from the negligent conduct of its staff, resulting in the patient suffering damages. In assessing whether these types of clauses should be outlawed by our courts, this thesis attempts to synthesize six major traditional areas of law, namely, the law of delict, the law of contract, medical law and ethics, international and foreign law, statutory law and constitutional law into a legal conceptual framework relating specifically to exclusionary clauses in medical contracts in South Africa. This thesis highlights systemic inconsistencies with regard to the central issue, namely, whether these types of clauses are valid or not, especially, given the fact that the practice of exclusionary clauses or waivers in hospital contracts has hitherto traditionally been assessed within the framework of the law of contract. The alignment of the various pre-existing areas of statutory and common law with the Constitution highlights that an inter-disciplinary and purposive approach under the value-driven Constitution, brings about a less fragmented picture in assessing the validity of these types of clauses. This approach accords with the new solicitude of the executive, the judiciary, the legislature and academia to transform the South African legal system not only in terms of procedural law but also substantive law. This has resulted in the alignment with constitutional principles and the underlying values to test the validity of these types of clauses, alternatively, contracts. Whereas pre-constitutionally the assessment of disclaimers in hospital contracts was done against the stratum of antiquated principles, namely, freedom of contract and the sanctity of contract, ignoring values such as reasonableness, fairness and conscionability, post-constitutionally, because the values that underlie the Bill of Rights and which affects all spheres of law, including the law of contract, concepts such as fairness, equity, reasonableness should weigh heavily with the decision-maker. In this regard, broader medico-legal considerations, normative medical ethics and the common law principles of good faith, fairness and reasonableness play a fundamental role in the assessment of contractual provisions, including the practice of disclaimers or exclusionary clauses in hospital contracts. This thesis critically examines how these types of clauses or contracts ought to be adjudicated eventually against the background of such alignment. It concludes that the entering into a hospital contract, in which the patient exonerates a hospital and its staff from liability flowing from the hospital or its staff's negligence causing damages to the patient, would be inconsistent with the Constitution and invalid. In the old order in which traditional divisions of law have been encouraged, a fragmented approach resulted in legal in congruencies which, in turn, created turbulence and a lot of uncertainty. This approach is apposite to that which the new constitutionally based legal system, aims to achieve. The rights in the Bill of Rights which are interconnected and which influences all spheres of law, including contract law, offers a fairer basis upon which, the validity of contracts, or contractual provisions, can be measured than, the pure contract approach. In this regard, although contracts or contractual provisions in the past may have been unfair and unreasonable, the courts, however, refused to strike them down purely on this basis. The law of contract, as a legal vehicle for adjudicating the validity of exclusionary clauses or waivers in hospital contracts, is therefore not ideal. This is primarily due to the antiquated approach the South African courts have always taken in this area of law. The law of delict, statutory law and medical law, standing alone, also does not provide a satisfactory answer. What is needed is an integrated approach in which the traditional areas of law are united and wherein constitutional principles and values, give much guidance and direction. Alternatively, should the unification of the traditional areas of law not be possible in bringing about fair and equitable results, the introduction of legislative measures may very well be indicated.
Thesis (LLD)--University of Pretoria, 2009.
Public Law
unrestricted

Natural performance enhancement, muscle hypertrophy and muscle rehabilitation on an expedited timeframe is highly coveted in sports and fitness industries. Heat stress (HS) can enhance muscle hypertrophy and strength when used in combination with resistance exercise (RE), however, the additive effects of HS on power, speed and agility have not been investigated. Furthermore, the efficacy of previously tested heating methods in achieving muscle heating is highly variable and inconsistent, which probably contributes to the inconsistent effects of heating reported in the literature. Therefore, primarily, this thesis aimed to investigate the effects of HS on performance adaptations to RE. Secondarily, how the cellular signal transduction pathways regulating skeletal muscle adaptations to RE are altered with long term concurrent HS were also investigated. Thirdly, we aimed to develop a reliable localised heating method. We hypothesised that full body HS applied concurrently to heavy progressive RE may improve upon the phenotypic and molecular muscle adaptations to RE. In the first study, we aimed to develop a localised heating method that is capable of raising core muscle temperature above 38-5-39°C, by testing three different models of localised heating. However, none of the models were able to raise core muscle temperature (CMT) to the desired levels. Therefore, in the second study, eighteen recreationally active males were assigned to two groups, HEAT (n=8, 40°C, 30% RH), and CON (n=10, 23°C, 20% RH). Each group undertook an identical, ten week, full body RE program three days a week. Peak core body temperature (HEAT 38.18 ± 0.27 °C; CON 37.97 ± 0.32 °C), as well as vastus lateralis muscle temperature 3.5 cm under the skin (HEAT 36.79 ± 1.55 °C; CON 35.94 ± 1.51 °C) were measured. Strength, peak force, speed, agility and body composition (DXA) were measured pre-, mid (week 5), and post-intervention. Muscle biopsies were obtained from the vastus lateralis pre-intervention at rest, one hour and 48 hours post the first resistance training session. An identical biopsy trial was performed ~72-96h after the last training session of the intervention. In study three, the muscle samples at each time point were analysed via western blots for key markers of muscle protein synthesis. Fibre cross sectional area (CSA), satellite cell (SC) and myonuclear density were quantified via immunofluorescence. In study four, muscle samples were analysed for the heat shock protein (HSP) response via western blots. Study five investigated the mitochondrial and angiogenic adaptations via western blots and capillarisation response via immunofluorescence. Ten weeks of RE improved lower body strength and relative upper body strength, however had no effect on power, agility or speed. Lean muscle mass, fibre CSA, SC content and myonuclear density improved in response to RE. Concurrent full body HS applied at 40°C failed to increase CMT in the vastus lateralis. Therefore, full body HS applied at 40°C did not improve upon performance, molecular or phenotypic adaptations to RE.

碩士
靜宜大學
觀光事業學系
103
In the development of professional baseball in other countries, jus soli concepts have long been rooted in the minds of the people. It not only inspires the cohesion and sense of identity for urban fans, but the competition among cities can also create many hot topics that help event marketing and economic benefits. However, review of studies on Chinese Professional Baseball League finds that these generally focus on fan loyalty, brand image, and team marketing strategies. After classification, the study has realized that the marketing of corporate teams has long been a focus of exploration by professional baseball theses and articles. The slogan of jus soli, promoted in recent years, means that each team is facing the difficult issue of how to manage their home field. Therefore, this study used in-depth interviews to explore the relationships among jus soli, home field, and corporate management models. First, the method of content analysis is used to understand the developmental context of professional baseball in Taiwan, to explore 146 masters and doctoral theses and 289 journal articles on professional baseball in Airiti Library to classify them. The search was for masters and doctoral theses and journal articles collected before July 1, 2014. Next, in-depth interviews were conducted with Chinese Professional Baseball League’s Uni-President 7-11 Lions, including senior cadres of the team, general administrative personnel for the team, long-time fans, and field workers, as well as the person in charge of a website analyzing professional baseball operations. Analysis used Hamel’s innovative business model. The research found that the core strategies of team management include: one home field for one team, strengthen brand characteristics, use regional characteristics to create attraction, and a multi-functional Tainan field. Strategic resources include: devoting to third-level baseball to put down local roots, the social responsibility of giving back to the locale, satisfying the needs of fans in different places, and broad multimedia support in the south. Operational focuses in terms of customer interface are: moving beyond feeling moved by winning or losing, using emotional orientations to consolidate fan identities, creative designs of related products, focus marketing on star players, and creating a trustworthy and solid image to focus on fan loyalty. The value network is that the professional baseball teams can make alliances in different industries, teams can engage in associated marketing in Tainan, and engage in public and private cooperation to create win-win value. These are the basis for conclusions and suggestions: (1) teams are working hard to manage home field and jus soli, holding to the attitude of corporations giving back to the local society as part of their social responsibility; (2) government policies and support; (3) using events to strengthen connections between teams and their locales; (4) strengthening marketing to increase identification with the fans. If teams can utilize their resources and characteristics property, they will have opportunities to create higher value in professional baseball.

Os Contratos flexíveis de trabalho são realidade cada vez mais crescente nos mercados de trabalho de todo o mundo. Alguns mercados, com características mais periféricas do fordismo, como o de Brasil e Portugal, apresentam esta realidade de maneira mais acentuada que outros. Tal aspecto do desenvolvimento industrial, português e também brasileiro, apesar de conferir importantes similitudes, acabou por agregar significativas diferenças a ambos. A presente pesquisa empírica analisa aspectos históricos na construção de cada Sistema Nacional de Relações Laborais – brasileiro e português - em uma perspectiva comparada no que respeita o grau de rigidez laboral acerca das possibilidades para despedimento em contratos individuais de trabalho indeterminado, tentando verificar o nível de regulação dos despedimentos por justa causa e seus requisitos e os possíveis efeitos desta regulação legislativa na taxa de contratação flexível - em especial contratos a termo, rotatividade laboral e outros indicadores do mercado de trabalho.
Flexible employment contracts are an increasingly reality in the labor market around the world. Some markets that have more peripheral characteristics of Fordism, as is the case of Brazil and Portugal, present this reality more strongly than other markets. This aspect of the industrial development, Portuguese and also Brazilian, although present important similarities, ends up adding significant differences to both countries. This present empirical research analyzes historical aspects in the construction of each National System of Labor Relations - Brazilian and Portuguese - in a comparative perspective regarding the rigidity level of the labor around the possibilities for dismissal in individual contracts of indeterminate employment, trying to verify the level of regulation of just cause dismissal and their requirements and the possible effects of this legislative regulation on the rate of flexible hiring model - especially fixed-term contracts, labor turnover and other indicators of the labor market.