New dog, old tricks : solving a conflict of laws problem in CISG arbitrations

Parties to international sale of goods transactions often exercise their rights to choose a governing law and refer disputes to arbitration . Where their choice is incomplete, as is the case where the contracts for the International Sale of Goods (CISG) is chosen, complex conflict of laws problems can arise, including disputes over the governing limitation period. While such disputes are traditionally resolved using conflict of laws methodologies, this article argues a superior solution can be achieved through procedural late. Through a simple discretion, arbitral tribunals may apply the limitation period from either the International Institute for the Unification of Private Law (UNIDROIT) Principles 2004 or the UN Limitation Period Convention. Such an approach makes determination of the governing limitation period a simpler process, allowing parties to focus their attention on what they are really concerned with—the merits.

Outcomes and costs of primary care surveillance and intervention for overweight or obese children : the LEAP 2 randomised controlled trial

Objective To determine whether ascertainment of childhood obesity by surveillance followed by structured secondary prevention in primary care improved outcomes in overweight or mildly obese children.

Design Randomised controlled trial nested within a baseline cross sectional survey of body mass index (BMI). Randomisation and outcomes measurement, but not participants, were blinded to group assignment.

Setting 45 family practices (66 general practitioners) in Melbourne, Australia.

Participants 3958 children visiting their general practitioner in May 2005-July 2006 were surveyed for BMI. Of these, 258 children aged 5 years 0 months up to their 10th birthday who were overweight or obese by International Obesity Taskforce criteria were randomised to intervention (n=139) or control (n=119) groups. Children who were very obese (UK BMI z score 3.0) were excluded.

Intervention Four standard consultations over 12 weeks targeting change in nutrition, physical activity, and sedentary behaviour, supported by purpose designed family materials.

Main outcomes measures Primary measure was BMI at 6 and 12 months after randomisation. Secondary measures were mean activity count/min by 7-day accelerometry, nutrition score from 4-day abbreviated food frequency diary, and child health related quality of life. Differences were adjusted for socioeconomic status, age, sex, and baseline BMI.

Results Of 781 eligible children, 258 (33%) entered the trial; attrition was 3.1% at 6 months and 6.2% at 12 months. Adjusted mean differences (intervention – control) at 6 and 12 months were, for BMI, –0.12 (95% CI –0.40 to 0.15, P=0.4) and –0.11 (–0.45 to 0.22, P=0.5); for physical activity in counts/min, 24 (–4 to 52, P=0.09) and 11 (–26 to 49, P=0.6); and, for nutrition score, 0.2 (–0.03 to 0.4, P=0.1) and 0.1 (–0.1 to 0.4, P=0.2). There was no evidence of harm to the child. Costs to the healthcare system were significantly higher in the intervention arm.

Conclusions Primary care screening followed by brief counselling did not improve BMI, physical activity, or nutrition in overweight or mildly obese 5-10 year olds, and it would be very costly if universally implemented. These findings are at odds with national policies in countries including the US, UK, and Australia.

Brief anger management programs with offenders : outcomes and predictors of change

Anger management interventions with offenders, particularly violent offenders, are a common form of rehabilitative activity. The rationale for addressing anger problems is clear-cut and there is good evidence that anger management can be effective with some client populations. Information relating to effectiveness with serious offenders, however, is sparse. An intervention study is reported in which offenders receiving anger management were compared with waiting list controls on a range of dependent measures. In general, the degree of pre-treatment/post-treatment change was small and experimental versus control differences were not statistically significant. The degree of improvement was found to be predictable from pre-treatment measures of anger and treatment readiness. Explanations of the low impact of anger management on violent offenders are discussed and recommendations made for improving outcomes.

From student to therapist : follow up of a first cohort of Bachelor of occupational therapy students

Aim: This study aimed to investigate the perception of graduate students on their preparation for practice, at 7 months post graduation.
Method: Using an anonymous postal questionnaire, 18 respondents (58% response rate) provided data on the nature of current employment, the experience as a graduate therapist, and perceptions of their undergraduate experience in preparing them for practice.
Results: Fifty percent of the respondents were practising in a rural environment. There was a significant positive relationship between respondents perception of their curriculum and fieldwork experiences and their preparation for practice (rho = 0.52, p < 0.05, and rho = 0.55, p < 0.05, respectively). Of the fieldwork experiences, respondents rated block placements as more beneficial to practice than non-traditional placements. However, a correlational analysis showed the non-traditional placement was significantly related to preparation for practice (rho = 0.54, p < 0.05). On a sevenpoint Likert scale, respondents rated themselves from 5.2 to 5.7 for perceived self-competence as a newly graduated practitioner with community-based graduates having the higher rating. Confidence in clinical decision-making was rated 5.0 to 5.6 with community-based graduates having higher rating. Respondents reported a positive perception that the undergraduate program prepared them to enter the workforce and practise as an occupational therapist (mean ratings 5.5 to 6.2).
Conclusion: Respondents felt adequately prepared to enter the occupational therapy profession and workforce. Strengths and weaknesses in their preparation are discussed as well as the need for further research.

Action learning through the use of enterprise resource planning system in construction management

Although information communication technology (ICT) tool is long regard as very useful in today’s engineering, architectural and construction management, organizations cannot just only simply operate based upon its origin, but also requires the on-going observation, controlling measures, monitoring aids, adding features and fine-tuning actions to such tool before the desirable outcome can be achieved. However, it is a very common phenomenon that organizations purchase the licensed “off-the-shelf-software” ICT package and customize it to suit their own requirements. Due to the incapability and inefficiency of such software and customization, the possible result is making such tool becomes not user-friendly and obsolete.

The purpose of this paper therefore, as part of the doctoral research, is to review and report those actions taken by a construction organization to enhance the performance of its Enterprise Resource Planning (ERP) system upon launching it since December 2002. Such actions include: improving data inputting method; removing the transition bottleneck; introducing crystallization function; revising the organization’s “Delegation and Limits of Authority”; publishing the “League Table” amongst users; integrating the 3D Modeling into the system and adopting the “Resources Requirement Planning”.

Whilst the ultimate goals of this system are well beyond the time limit of the research project, an obvious interim result, achieved by this case studied organization, was winning a landmark project worth HK$5 billion after the ERP system was functioned effectively. The experience and success of this organization can be borrowed by those companies which are planning to adopt information technology (IT) strategy and use ICT tool in the architectural management system.

Students' perceptions of the value of the elements of an online learning environment : an investigation of discipline differences

This paper presents a large scale, quantitative investigation of the impact of discipline differences on the student experience of using an online learning environment (OLE). Based on a representative sample of 2526 respondents, a number of significant differences in the mean rating by broad discipline area of the importance of, and satisfaction with, a range of elements of an OLE were found. Broadly speaking, the Arts and Science and Technology discipline areas reported the lowest importance and satisfaction ratings for the OLE, while the Health and Behavioural Sciences area was the most satisfied with the OLE. A number of specific, systematic discipline differences are reported and discussed. Compared to the observed significant differences in mean importance ratings, there were fewer significant differences in mean satisfaction ratings, and those that were observed were less systematic than for importance ratings.

Different personality measures for different business outcomes : a comparison of selection criteria used for a management training program

Reports a study in which the MBTI, FIRO-B and PP measures were correlated with employee performance indicators of high potential candidates for management development. The participants were 37 middle level managers in a large trans-national company. Results indicate a disturbing disconnect between measures used in training and development and actual business outcomes that can be presumed to express organisational priorities and goals.