293 resultados para Unreasonable parties


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This book addresses the modern law relating to adoption. It comes at a time of fundamental change in adoption practice as, increasingly, Irish couples look outside the jurisdiction for the child that will make their family complete.---------- * Examines and explains the new regulatory framework and the law now governing domestic and intercountry adoption.---------- * Provides a guide to the changes outlined in the Adoption Bill 2008 which also consolidates the provisions of seven previous statutes and incorporates the Hague Convention into Irish statute law.---------- * Considers the responsibilities of the new Adoption Authority, and the roles of other administrative and legal bodies.---------- * Sets out the adoption process, explaining the complexities of intercountry adoption, giving consideration to the interface between adoption and children in care and dealing with the rights of the parties involved.

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The Government of Indonesia (GoI) increasingly relies on the private sector financing to build and operate infrastructures through public private partnership (PPP) schemes. However, PPP does not automatically provide the solution for the financing scheme due to value for money (VFM) issues. The procurement authority must show whether a PPP proposal is the optimal solution that provides best VFM outcome. The paper presents a literature review of comparing quantitative VFM methodology for PPP infrastructure project procurement in Indonesia and Australia. Public Sector Comparator (PSC) is used to assess the potential project VFM quantitatively in Australia. In Indonesia, the PSC has not been applied, where the PPP procurement authority tends to utilize a common project evaluation method that ignores the issues of risk. Unlike the conventional price bid evaluation, the PSC enables a financial comparison including costs/gains and risks. Since the construction of PSC is primarily on risk management approach, it can facilitate risk negotiation processes between the involved parties. The study indicates that the quantitative VFM methodology of PSC is potentially applicable in Indonesia for water supply sector. Various supporting regulations are available that emphasize the importance of VFM and risk management in infrastructure investment. However, the study also reveals a number of challenges that need to be anticipated, such as the need of a more comprehensive PPP policy at both central and local government level, a more specific legal instrument for bidding evaluation method and the issue of institutional capacity development in PPP Units at the local level.

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Delegation is a powerful mechanism to provide flexible and dynamic access control decisions. Delegation is particularly useful in federated environments where multiple systems, with their own security autonomy, are connected under one common federation. Although many delegation schemes have been studied, current models do not seriously take into account the issue of delegation commitment of the involved parties. In order to address this issue, this paper introduces a new mechanism to help parties involved in the delegation process to express commitment constraints, perform the commitments and track the committed actions. This mechanism looks at two different aspects: pre-delegation commitment and post-delegation commitment. In pre-delegation commitment, this mechanism enables the involved parties to express the delegation constraints and address those constraints. The post-delegation commitment phase enables those parties to inform the delegator and service providers how the commitments are conducted. This mechanism utilises a modified SAML assertion structure to support the proposed delegation and constraint approach.

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The use of parliamentary questions is the most popular and visible tool in the hands of the Opposition as a means to make government accountable. Their main purpose is to seek information or press for action. Contemporary parliamentary literature from the UK, Canada, and Australia, however, suggests that parliamentary questions have lost their effectiveness. The literature points out that Question Time in parliaments has become a battle ground between Ruling and Opposition parties in their fight to gain maximum political advantage. In this context, the effectiveness of parliamentary questions in the Indian state legislatures has not been investigated. The aim of this study, therefore, is to analyse the use, purpose and effectiveness of parliamentary questions in the State Legislative Assembly of Uttar Pradesh (India) to explore differences, if any, between Ruling and Opposition parties. In this study, 4023 parliamentary questions asked in the Uttar Pradesh State Legislative Assembly were analysed. The effectiveness of answers was also analysed qualitatively. The results show that half of the total members of the Assembly used this device, out of which 60% of the questions were asked by the Opposition party members. 31% of the questions from the Opposition were seeking information and 69% were pressing for action. The government provided the required information in 96% of the questions in the former category and took action in only 35% of the latter category. Furthermore, 60% of the questions raised by the Opposition were related to constituency matters and the remaining 40% were related to policy issues or public welfare. Comparing the data with the ruling party, the results indicate that the use,purpose and effectiveness of parliamentary questions were similar to that of the Opposition except some minor differences. Surprisingly, there was no evidence of any ‘Dorothy Dix’ questions. The study concludes parliamentary question is an effective device in the Indian state of Uttar Pradesh.

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This short paper suggests that the categories of ‘transformational’ and ‘transactional’ leadership styles ( see Burns 1972) may provide analytical purchase on the question of whether current women leaders have radically different styles and approaches to the earlier second wave feminist generation. The two cases chosen for this paper are the senior women in the Labor and Liberal Parties – Julia Gillard and Julie Bishop. The evidence – explored below – indicates there are strong transactional qualities to both women leaders.

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Ross River virus (RRV) is a mosquito-borne member of the genus Alphavirus that causes epidemic polyarthritis in humans, costing the Australian health system at least US$10 million annually. Recent progress in RRV vaccine development requires accurate assessment of RRV genetic diversity and evolution, particularly as they may affect the utility of future vaccination. In this study, we provide novel RRV genome sequences and investigate the evolutionary dynamics of RRV from time-structured E2 gene datasets. Our analysis indicates that, although RRV evolves at a similar rate to other alphaviruses (mean evolutionary rate of approx. 8x10(-4) nucleotide substitutions per site year(-1)), the relative genetic diversity of RRV has been continuously low through time, possibly as a result of purifying selection imposed by replication in a wide range of natural host and vector species. Together, these findings suggest that vaccination against RRV is unlikely to result in the rapid antigenic evolution that could compromise the future efficacy of current RRV vaccines.

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Alternative dispute resolution (a.d.r.) processes are entrenched in western style legal systems. Forms of dispute resolution are utilised within schools and health systems; built in to commercial contracts; found in workplaces, clubs and organisations; and accepted in general day-to-day community disputes. The a.d.r. literature includes references to ‘apology’, but is largely silent on ‘forgiveness’. Where an apology is offered as part of a dispute resolution process, practice suggests that formalised ‘forgiveness’ rarely follows. Mediators may agree there is a meaningful place for apology in dispute resolution processes, but are most unlikely to support a view that forgiveness, as a conscious act, has an equivalent place. Yet, if forgiveness is not limited to the ‘pardoning of an offence’, but includes a ‘giving up of resentment’, or the relinquishing of a grudge, then forgiveness may play an underestimated role in dispute management. In the context of some day-to-day dispute management practice, this paper questions whether forgiveness should follow an apology; and concludes that meaningful resolutions can be reached without any formal element of ‘forgiveness’ or absolution. However, dispute management practitioners need to be aware of the latent role other aspects of forgiveness may play for the disputing parties.

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This paper addresses how social media was used to leverage votes in new media environments. Barack Obama’s social media campaign is analysed and illustrates how the Obama brand benefited from integrating social media into the campaign. Voting behaviour has changed; politicians are continually seeking new ways to communicate with their constituents. Voting on political ‘brands’ is based on an identity or image, rather than central issues. While political parties rely upon an integrated marketing communication (IMC) approach, with a focus on building the (political) brand of the party and brand relationships, communication is no longer fully controlled by the marketers.

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Purpose – This research has been conducted with the aim of determining if celebrity endorsers in political party advertising have a significant impact on UK voter intentions. The use of celebrity endorsements is commonplace in the USA, but little is known about its effects in the UK. This research also aims to incorporate the use of celebrity endorsements in political party advertising with the political salience construct. Political salience represents how prominent politics and political issues are in the minds of the eligible voter. Design/methodology/approach – A 2 (endorser: celebrity; non-celebrity) £ 2 (political salience: high; low) between-subjects factorial design experiment was used. The results show that celebrity endorsements do play a significant role in attitudes towards the political advert, attitudes towards the endorser and voter intention. However, this effect is significantly moderated by political salience. Findings – The results show that low political salience respondents were significantly more likely to vote for the political party when a celebrity endorser is used. However, the inverse effect is found for high political salience respondents. Practical implications – The results offer significant insights into the effect that celebrity endorsers could have in future elections and the importance that political salience plays in the effectiveness of celebrity endorsement. If political parties are to target those citizens that do not actively engage with politics then the use of celebrity endorsements would make a significant impact, given the results of this research. Originality/value – This research would be of particular interest to political party campaigners as well as academics studying the effects of advertising and identity salience.

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Gay community media functions as a system with three nodes, in which the flows of information and capital theoretically benefit all parties: the gay community gains a sense of cohesion and citizenship through media; the gay media outlets profit from advertisers’ capital; and advertisers recoup their investments in lucrative ‘pink dollar’ revenue. But if a necessary corollary of all communication systems is error or noise, where—and what—are the errors in this system? In this paper we argue that the ‘error’ in the gay media system is Queerness, and that the gay media system ejects (in a process of Kristevan abjection) these Queer identities in order to function successfully. We examine the ways in which Queer identities are excluded from representation in such media through a discourse and content analysis of The Sydney Star Observer (Australia’s largest gay and lesbian paper). First, we analyse the way Queer bodies are excluded from the discourses that construct and reinforce both the ideal gay male body and the notions of homosexual essence required for that body to be meaningful. We then argue that abject Queerness returns in the SSO’s discourses of public health through the conspicuous absence of the AIDS-inflicted body (which we read as the epitome of the abject Queer), since this absence paradoxically conjures up a trace of that which the system tries to expel. We conclude by arguing that because the ‘Queer error’ is integral to the SSO, gay community media should practise a politics of Queer inclusion rather than exclusion.

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The Queensland Department of Main Roads uses Weigh-in-Motion (WiM) devices to covertly monitor (at highway speed) axle mass, axle configurations and speed of heavy vehicles on the road network. Such data is critical for the planning and design of the road network. Some of the data appears excessively variable. The current work considers the nature, magnitude and possible causes of WiM data variability. Over fifty possible causes of variation in WiM data have been identified in the literature. Data exploration has highlighted five basic types of variability specifically: ----- • cycling, both diurnal and annual;----- • consistent but unreasonable data;----- • data jumps;----- • variations between data from opposite sides of the one road; and ----- • non-systematic variations.----- This work is part of wider research into procedures to eliminate or mitigate the influence of WiM data variability.

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The construction industry should be a priority to all governments because it impacts economically and socially on all citizens. Sector turnover in industrialised economies typically averages 8-12% of GDP. Further, construction is critical to economic growth. Recent Australian studies estimate that a 10% gain in efficiency in construction translates to a 2.5% increase in GDP ----- ----- Inefficiencies in the Australian construction industry have been identified by a number of recent studies modelling the building process. They have identified potential savings in time of between 25% and 40% by reducing non-value added steps in the process. A culture of reform is now emerging in the industry – one in which alternate forms of project delivery are being trial. ----- ----- Government and industry have identified Alliance Contracting as a means to increase efficiency in the construction industry as part of a new innovative procurement environment. Alliance contracting requires parties to form relationships and work cooperatively to provide a more complete service. This is a significant cultural change for the construction industry, with its well-known adversarial record in traditional contracting. Alliance contracts offer enormous potential benefits, but the Australian construction industry needs to develop new skills to effectively participate in the new relationship environment. ----- ----- This paper describes a collaborative project identifying skill needs for clients and construction professionals to more effectively participate in an increasingly sophisticated international procurement environment. The aim of identifying these skill needs is to assist industry, government, and skill developers to prepare the Australian construction workforce for the future. The collaborating Australian team has been fortunate to secure the Australian National Museum in Canberra as its live case study. The Acton Peninsula Development is the first major building development in the world awarded on the basis of a joint alliance contract.

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Project alliancing is a new alternative to traditional project delivery systems, especially in the commercial building sector. The Collaborative Process is a theoretical model of people and systems characteristics that are required to reduce the adversarial nature of most construction projects. Although developed separately, both are responses to the same pressures. Project alliancing was just used successfully to complete the National Museum of Australia. This project was analyzed as a case study to determine the extent to which it could be classified as a “collaborative project”. Five key elements of The Collaborative Process were reviewed and numerous examples from the management of this project were cited that support the theoretical recommendations of this model. In the case of this project, significant added value was delivered to the client and many innovations resulted from the collective work of the parties to the contract. It was concluded that project alliances for commercial buildings offer many advantages over traditional project delivery systems, which are related to increasing the levels of collaboration among a project management team.

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This paper presents a modified approach to evaluate access control policy similarity and dissimilarity based on the proposal by Lin et al. (2007). Lin et al.'s policy similarity approach is intended as a filter stage which identifies similar XACML policies that can be analysed further using more computationally demanding techniques based on model checking or logical reasoning. This paper improves the approach of computing similarity of Lin et al. and also proposes a mechanism to calculate a dissimilarity score by identifying related policies that are likely to produce different access decisions. Departing from the original algorithm, the modifications take into account the policy obligation, rule or policy combining algorithm and the operators between attribute name and value. The algorithms are useful in activities involving parties from multiple security domains such as secured collaboration or secured task distribution. The algorithms allow various comparison options for evaluating policies while retaining control over the restriction level via a number of thresholds and weight factors.

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Copyright protects much of the creative, cultural, educational, scientific and informational material generated by federal, State/Territory and local governments and their constituent departments and agencies. Governments at all levels develop, manage and distribute a vast array of materials in the form of documents, reports, websites, datasets and databases on CD or DVD and files that can be downloaded from a website. Under the Copyright Act 1968 (Cth), with few exceptions government copyright is treated the same as copyright owned by non-government parties insofar as the range of protected materials and the exclusive proprietary rights attaching to them are concerned. However, the rationale for recognizing copyright in public sector materials and vesting ownership of copyright in governments is fundamentally different to the main rationales underpinning copyright generally. The central justification for recognizing Crown copyright is to ensure that government documents and materials created for public administrative purposes are disseminated in an accurate and reliable form. Consequently, the exclusive rights held by governments as copyright owners must be exercised in a manner consistent with the rationale for conferring copyright ownership on them. Since Crown copyright exists primarily to ensure that documents and materials produced for use in the conduct of government are circulated in an accurate and reliable form, governments should exercise their exclusive rights to ensure that their copyright materials are made available for access and reuse, in accordance with any laws and policies relating to access to public sector materials. While copyright law vests copyright owners with extensive bundles of exclusive rights which can be exercised to prevent others making use of the copyright material, in the case of Crown copyright materials these rights should rarely be asserted by government to deviate from the general rule that Crown copyright materials will be available for “full and free reproduction” by the community at large.