Skilling’s martyrdom: The case for criminalization without incarceration

This paper restricts itself to crimes involving corporate fiduciaries taking bad decisions at the expense of shareholders (corporate governance offenses). The arguments do not apply to fraud as moral wrongfulness exists in that case. To the extent that the actions covered by this paper are blameworthy, I argue that this determination must be disentangled from punishment. Disentanglement of blame from deserts suggests a via-media between criminalization and decriminalization - criminalization without incarceration. Accordingly, the legal process stops at the determination of guilt. The paper advances the criminalization debate because it does not get bogged down in the irreconcilable quarrel about whether corporate governance misbehavior ought to be criminalized for deterrence, retribution, or rehabilitation reasons, and whether it achieves any of these purposes. For these offenses, I argue that whichever theoretical justification underpins the decision to criminalize, imprisonment must not follow conviction. The conviction, despite the lack of incarceration, and the consequential sanctions likely to be imposed on the wrongdoer are sufficient to satisfy the three main justifications for criminalization. In appropriate cases, disgorgement of the offender’s gains will aid in the achievement of these objectives. The model proposed by this paper would yield significant savings by reducing prison costs. It would also allow the state to take advantage of the disproportionate cost/burden of conviction on corporate governance offenders. Owing to the offenders’ high earning potential, deterrence can be achieved at lower cost by conviction alone because the cost of incarceration does not have to be borne by the state whereas the destruction of capacity to generate similar (or indeed, any) income has to be suffered by the offender even without going to jail. If the cost of incarceration is the same for offenders with different earning capacities, imprisoning those with very high earning capacities is a waste of social capital if the objectives sought to be achieved by incarceration can be achieved through other means. Further, the cost of a conviction can be predicted with sufficient certainty in the case of white-collar criminals by looking at their earnings history, and in many cases this can be a significant sum. Unlike the common criminal who may not have a similarly predictable earning capacity and therefore suffer the same extent of monetary loss from a conviction, this loss ought to serve the deterrence function without the need for the state to spend money imprisoning the offender. In addition to loss of earning capacity, clawing back ill-gotten gains significantly adds to disutility. The paper is set out as follows: Part II briefly outlines the scope of the wrongs tackled as stemming from the principal-agent relationship in corporate law, and the inability of the law to overcome effectively problems resulting from the collectivization of the principal in that relationship. In Part III, I argue that conviction without imprisonment is a second-best alternative to decriminalization in cases where the conduct is blameworthy, and results in non-consensual harm. Part IV demonstrates the disutility caused by conviction alone to show that the objectives of criminalization can be satisfied without the need for imprisonment. Part V asserts that consequential sanctions like shaming add to the disutility of conviction. Part VI ties the thesis to Skilling’s conviction for bad business judgment devoid of moral wrongfulness to illustrate the problems with conflating blame and punishment. Part VII concludes.

Self-regulated learning strategies & academic achievement in online higher education learning environments: a systematic review

© 2015 Elsevier Inc. All rights reserved. As enrolments in online courses continue to increase, there is a need to understand how students can best apply self-regulated learning strategies to achieve academic success within the online environment. A search of relevant databases was conducted in December 2014 for studies published from 2004 to Dec 2014 examining SRL strategies as correlates of academic achievement in online higher education settings. From 12 studies, the strategies of time management, metacognition, effort regulation, and critical thinking were positively correlated with academic outcomes, whereas rehearsal, elaboration, and organisation had the least empirical support. Peer learning had a moderate positive effect, however its confidence intervals crossed zero. Although the contributors to achievement in traditional face-to-face settings appear to generalise to on-line context, these effects appear weaker and suggest that (1) they may be less effective, and (2) that other, currently unexplored factors may be more important in on-line contexts.

Childhood obesity and cognitive achievement

 Obese children tend to perform worse academically than normal-weight children. If poor cognitive achievement is truly a consequence of childhood obesity, this relationship has significant policy implications. Therefore, an important question is to what extent can this correlation be explained by other factors that jointly determine obesity and cognitive achievement in childhood? To answer this question, we exploit a rich longitudinal dataset of Australian children, which is linked to national assessments in math and literacy. Using a range of estimators, we find that obesity and body mass index are negatively related to cognitive achievement for boys but not girls. This effect cannot be explained by sociodemographic factors, past cognitive achievement or unobserved time-invariant characteristics and is robust to different measures of adiposity. Given the enormous importance of early human capital development for future well-being and prosperity, this negative effect for boys is concerning and warrants further investigation.

Examining the effect of time constraint on the online mastery learning approach towards improving postgraduate students' achievement

Time control plays a critical role within the online mastery learning (OML) approach. This paper examines the two commonly implemented mastery learning strategies – personalised system of instructions and learning for mastery (LFM) – by focusing on what occurs when there is an instructional time constraint. Using a large data set from a postgraduate finance course offered at an Australian university, we explore students' online quiz-completion patterns, then empirically investigate whether the imposition of an instructional time constraint in the OML approach has an impact on their final-examination performance. Our results suggest that the LFM strategy with an instructional time constraint has a positive impact on students' learning behaviour and contributes to better overall academic performance. Further, our findings suggest that facilitators should be encouraged to implement an instructional time constraint when adopting an OML approach.

Developement and evidencing achievement of graduate learning outcomes in Deakin University's enhanced mooc

There is now a plethora of Massive Open On-line courses (MOOCs) offered worldwide. Whilst many MOOCs focus on discipline-specific content, little attention has been paid to how MOOCs can explicitly help participants develop generic employability skills such as communication, digital literacy, global citizenship and the like. Similarly little attention been paid to explicitly assuring the quality of MOOCs with respect to alignment with regulatory body standards. Deakin University's first MOOC, DeakinPrimer, is an introduction to humanitarian responses to 21st century disasters. It has been designed to assist participants to explicitly evidence generic or employability skills, some of Deakin's eight Graduate Learning Outcomes (GLOs) including communication, digital literacy, critical thinking and global citizenship. Other key features of DeakinPrimer include opportunities for networking with fellow participants and experts within the humanitarian field, and the opportunity to apply for credit towards the Graduate Certificate in International Community Development (level 8 in the Australian Qualifications Framework [AQF]) and for those with a prior Bachelor degree, the Masters in Humanitarian Assistance or the Masters of International Community Development (level 9 in the AQF). DeakinPrimer is designed as a test bed for a learning innovation, particularly micro-credentialing GLOs using digital badges to enable self and peer endorsement of evidence of learning. Badging is integrated in two ways. Firstly, DeakinPrimer participants build portfolios of learning artefacts associated with learning activities, then assess their work against a set of holistic, generic learning outcomes standards rubrics. If they judge their evidence as meeting the required standard, they can claim a badge (self endorsement) associated with particular GLOs. Secondly, participants can request and provide peer feedback and endorsement (using peer badges). The integration of self and peer review in the assessment tasks helps participants develop important employability skills, the ability to critically self-reflect on their own work and critically analyse the work of others and provide evidence-based feedback. DeakinPrimer is scheduled to commence in July 2013. This paper explains the way in which the course curricula has been designed to use technologies to enable participants to curate evidence of learning, and self and peer endorse such learning against defined standards.

School-based approaches to pre-service primary science teacher education resulting in gains in confidence

The quality of science education has been the focus of a number of research projects nationally and internationally, including concerns about primary teachers’ lack of science knowledge and confidence to teach science. In addition, the effectiveness of traditional approaches to teacher education have been questioned. The Science Teacher Partnerships with Schools (STEPS) responds to these concerns by investigating the effectiveness of school-based approaches to pre-service primary science teacher education. It considers established, innovative and successful practices at five universities to develop and promote a framework supporting school-based approaches to pre-service teacher education. An analysis of the five models was conducted in 2013 involving interviews with teacher educators, pre-service teachers, and school principals and teachers. Pre-service teachers at these universities also engaged in pre- and post- online surveys generating data on their expectations and experiences associated with these experiences. This paper reports on the analysis of the survey data, which shows that there are statistically significant gains in pre-service teachers’ responses to several items relating to their confidence to teach science. Analysis of the data also shows interesting differences between universities noted in different confidence items. The school based experience was shown to provide these pre-service teachers with an authentic engagement with the teaching of science while being supported by their university tutors. While raising confidence at university does not automatically translate to confident early career teachers, the gains in confidence are an important step in assisting prospective teachers to approach the teaching of science more positively than they might otherwise. Implications for teacher education and the role that university-school partnerships can play in preparing confident teachers of science will be discussed.

Effects of a free school breakfast programme on children's attendance, academic achievement and short-term hunger: results from a stepped-wedge, cluster randomised controlled trial

BACKGROUND: Free school breakfast programmes (SBPs) exist in a number of high-income countries, but their effects on educational outcomes have rarely been evaluated in randomised controlled trials.

METHODS: A 1-year stepped-wedge, cluster randomised controlled trial was undertaken in 14 New Zealand schools in low socioeconomic resource areas. Participants were 424 children, mean age 9±2 years, 53% female. The intervention was a free daily SBP. The primary outcome was children's school attendance. Secondary outcomes were academic achievement, self-reported grades, sense of belonging at school, behaviour, short-term hunger, breakfast habits and food security.

RESULTS: There was no statistically significant effect of the breakfast programme on children's school attendance. The odds of children achieving an attendance rate <95% was 0.76 (95% CI 0.56 to 1.02) during the intervention phase and 0.93 (95% CI 0.67 to 1.31) during the control phase, giving an OR of 0.81 (95% CI 0.59 to 1.11), p=0.19. There was a significant decrease in children's self-reported short-term hunger during the intervention phase compared with the control phase, demonstrated by an increase of 8.6 units on the Freddy satiety scale (95% CI 3.4 to 13.7, p=0.001). There were no effects of the intervention on any other outcome.

CONCLUSIONS: A free SBP did not have a significant effect on children's school attendance or academic achievement but had significant positive effects on children's short-term satiety ratings. More frequent programme attendance may be required to influence school attendance and academic achievement.

Effects of a free school breakfast programme on school attendance, achievement, psychosocial function, and nutrition: a stepped wedge cluster randomised trial

BACKGROUND: Approximately 55,000 children in New Zealand do not eat breakfast on any given day. Regular breakfast skipping has been associated with poor diets, higher body mass index, and adverse effects on children's behaviour and academic performance. Research suggests that regular breakfast consumption can improve academic performance, nutrition and behaviour. This paper describes the protocol for a stepped wedge cluster randomised trial of a free school breakfast programme. The aim of the trial is to determine the effects of the breakfast intervention on school attendance, achievement, psychosocial function, dietary habits and food security.

METHODS/DESIGN: Sixteen primary schools in the North Island of New Zealand will be randomised in a sequential stepped wedge design to a free before-school breakfast programme consisting of non-sugar coated breakfast cereal, milk products, and/or toast and spreads. Four hundred children aged 5-13 years (approximately 25 per school) will be recruited. Data collection will be undertaken once each school term over the 2010 school year (February to December). The primary trial outcome is school attendance, defined as the proportion of students achieving an attendance rate of 95% or higher. Secondary outcomes are academic achievement (literacy, numeracy, self-reported grades), sense of belonging at school, psychosocial function, dietary habits, and food security. A concurrent process evaluation seeks information on parents', schools' and providers' perspectives of the breakfast programme.

DISCUSSION: This randomised controlled trial will provide robust evidence of the effects of a school breakfast programme on students' attendance, achievement and nutrition. Furthermore the study provides an excellent example of the feasibility and value of the stepped wedge trial design in evaluating pragmatic public health intervention programmes.

Achievement, engagement and wellbeing: major issues

Evaluating for engagement: Enhancing learning in the middle years is a key resource for teachers and schools in their investigations of what works in the middle years of schooling. The challenges associated with engaging students during this phase of their schooling are widely documented. As a result, practical and powerful ideas about how to go about evaluating the success or otherwise of programs are needed. Along with case studies describing innovative practice and a review of key issues related to student engagement, this text provides practical resources in relation to:•a user-friendly evaluation framework that values the perspectives of students and their teachers in finding out what works and what doesn't work in their contexts•specific strategies that can be used to evaluate school-based initiatives •building a collaborative inquiry culture among teachers•successful teaching and learning strategies transferable to arange of contexts.