209 resultados para Probate law and practice


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This paper uses critical discourse analysis of interactions between law students and their lecturer to show how ‘Socratic’ teaching is used as a powerful technique to shape student identities. Data from a moot or simulated court in taxation law is analysed to show how students position themselves and are positioned as legal professionals. The paper argues that one student’s poor performance in the moot can be interpreted as resistance to attempts to influence her to adopt an uncongenial speaking position. This example supports the view that the difficulty law students have in learning to ‘think like a lawyer’ results not from a failure of skill but from the problems they have in assuming the speaking position of a legal professional. It is suggested that educators should consider helping students come to terms with the fragmented and contradictory subject positions associated with professionalisation.

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The disaster risk management culture and practice that is evident within banks will significantly impact upon the capability and preparedness of institutions and their personnel to plan for, and respond to, an occurrence that may affect the continuity of critical business functions. The principal outcome of this paper is the development of a structured education and training framework that will support the achievement of banks' disaster risk management objective. The education and training framework comprises three specific programs: 1. an induction/awareness program targeted to all personnel; 2. a contingency planning program - a specialist program for disaster risk management personnel; and 3. an executive program designed for senior management, directors and strategic decision makers.

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Health is inherently 'ecological' and the natural environment plays a crucial role in human health and well-being. Yet we do not necessarily design, manage or market such areas in ways that acknowledge this link. This paper draws on recent research by a Deakin University team exploring the links between use of and involvement in the maintenance of forests/woodlands, and health and well-being outcomes. Qualitative and quantitative methods have been used to collect data from forest/woodland users and tram volunteers contributing to management and maintenance of such areas, concerning their perceptions of the impacts of the experience
on their health and well-being. In two of the projects, samples of 'users' and 'volunteers' were compared with samples 'non-users' and 'non-volunteers'. Several of the studies included the use of scales of self-rated health, social cohesion, and frequency of use of medical services.The studies have identified a range of perceived physical, mental and social health benefits resulting from use of and/or engagement with forests/woodlands. Study findings have implications for design, management and marketing of such areas, since they identity factors influencing use of and engagement with such areas, and have the potential to promote more widespread recognition of the value of such areas and more commitment to them by individuals, communities and governments. The challenge for us is to build on this research base to more clearly Signpost the mutually beneficial links between forest and woodland ecosystems and human health and well-being, creating new and better pathways to a healthy future.

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Monitoring Ecological Impacts provides the tools needed to design  assessment programs that can reliably monitor, detect and allow  management of human impacts on the natural environment. The procedures described are well-grounded in inferential logic. Step-by-step guidelines and flow diagrams provide clear and useable protocols, which are applicable to real situations.

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The museum sector has undergone considerable change in the last few decades, which has been a result of both internal and external forces. The topic of pricing in museums, however, has attracted little interest from researchers in the field despite the sector's need to understand it better. This study aimed to address this gap in knowledge. Results of a comprehensive literature review on pricing highlight that the topic of pricing in museums is problematic, as a range of issues, social, political and often value-laden, must be considered before pricing decisions can be made. The study highlights that there is diversity in the sector with regard to pricing, but that museums generally adopt a unilateral approach to pricing. Researchers in entrepreneurial marketing have noted that conventional pricing theory is being turned on its head and they argue that deciding what prices to charge represents one of the more entrepreneurial strategies for organisations. This study indicates that, within the context of museums, marketers are failing to recognise and capitalise on such pricing opportunities. Approaches to setting multiple museum pricing strategies, depending on the market context, are proposed in this paper. In this way, knowledge of museum pricing can optimise the organisational outcomes of museums while continuing to meet their social responsibilities.

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Buruli ulcer disease (BUD), a devastating tropical disease caused by Mycobacterium ulcerans, occurs in more than 80% of the administrative districts of Ghana. To elucidate community perceptions and
understanding of the aetiology of BUD, attitudes towards Buruli patients and treatment-seeking behaviours, we conducted a survey with 504 heads of households and seven focus group discussions in Ga West District, Ghana. Although 67% of participants regarded BUD as a health problem, 53% did not know its cause. Sixteen per cent attributed the cause to drinking non-potable water, 8.1% mentioned poor personal hygiene or dirty surroundings, and 5.5% identified swimming or wading in ponds as a risk factor. About 5.2% thought that witchcraft and curses cause BUD, and 71.8% indicated that BU sufferers first seek treatment from herbalists and only refer to the hospital as a last resort. The main
reasons were prospects of prolonged hospital stay, cost of transport, loss of earnings and opportunity associated with parents attending their children’s hospitalization over extended period, delays in being
attended by medical staff, and not knowing the cause of the disease or required treatment. The level of acceptance of BUD sufferers was high in adults but less so in children. The challenge facing health workers is to break the vicious cycle of poor medical outcomes leading to poor attitudes to hospital treatment in the community. Because herbalists are often the first people consulted by those who contract the disease, they need to be trained in early recognition of the pre-ulcerative stage of Buruli lesions.

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It has been identified that immigrant and refugee women are particularly at risk in cases of domestic violence. This article reveals the qualitative research findings from a study into the significance of traumatic history, social and economic context, cultural differences and changed gender identities on the perceptions and experiences of domestic violence in refugee families. The study was undertaken with a sample of refugee men and women from Iraq, Ethiopia, Sudan, Serbia, Bosnia and Croatia. Compounding contextual factors concerning structurally based inequalities, culturally emerged challenges, social dissonance, psychological stress and patriarchal foundations are revealed. Informed by an intersectional framework that recognizes gender oppression as modified by intersections with other forms of inequality, the article argues the case for community-managed projects involving multi-level empowerment-based interventions to prevent domestic violence.

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Two of the most commonly used classifications in IS research are the factor approach and the process approach. While many studies of IS implementation are undertaken using a factor approach, little research so far examines the process of e-commerce implementation, especially in relation to the implementation of e-commerce in business-to-business (B2B) relationships. A holistic understanding of implementation which combines both the factor and process approaches using a case study method, is suggested as particularly suitable because of its ability to capture the reality of e-commerce implementation in an organisation's natural environment and in much greater detail than is possible using one of these approaches alone. In this paper, therefore, we endeavour to contribute to what we perceive as a gap in the body of theory surrounding the implementation process in the business-to-business e-commerce literature. We describe the findings of multiple case studies involving ten major Australian e-commerce initiators. In addition to confirming our earlier finding of the importance of non-technical factors for the success of the implementation process we also present, through our case studies, the various management and business issues associated with the success or failure of B2B e-commerce implementation.

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Accelerated learning is an integrative method of learning, combining both sides of the brain to strengthen a student's relationship with self, teacher, subject matter and other students, and so assists students to achieve deep, rather than surface, learning. While the approach has been used to teach school pupils and trainees in the corporate world, its use in marketing education in universities is limited, and there are no reports of studies focusing on its use in postgraduate coursework degrees. Thus this paper examines how accelerated learning could be used in teaching marketing at universities at the MBA level. Some techniques are synthesised from the literature that are particularly appropriate for the students and constraints of an MBA program in a university. We conclude that accelerated learning techniques can be used and are effective in a MBA program. Essentially, accelerated learning incorporate many, already known ideas but it is a useful comprehensive framework.

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Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law

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This book evaluates Australian competition law including the economics and politics that lay at its heart. This fully revised second edition draws together a comprehensive collection of material providing an excellent and up-to-date guide to Australian competition law.

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This report is the result of an exciting journey of discovery. As with all journeys, we have been to many exotic places, have met extraordinary people, and at times have been challenged to keep going ahead rather than retreating. Good journeys are also enjoyed best in good company. We would like to thank VicHealth for giving us the opportunity to embark on our voyage, but also specifically to some great VicHealth staff: John Biviano, Siân Lloyd, Barb Mouy and Ali Barr have all been travelers along the way, providing us with encouragement, directions and nourishment. We know that our Project Advisory Committee and the then Chief Executive of VicHealth, dr. Rob Moody, have followed our progress on the journey with great interest. A special word of thanks to professor David Hill, chair of our advisory committee and member of the VicHealth Board of Governance, to sit down with us and critically review our navigation procedures. But we could not have reached our destination without the great assistance of the people and agencies that gave us their time, energy, and sometimes precious resources, to engage in data collection for our case studies. Again, a particular word of appreciation, to professor Brian Head, and to Ruth Belben for her incredibly efficient assistance, in organising the ARACY workshop on 24 November, 2006 in which we were given an opportunity to triangulate our position with colleagues from research, policy and practice.