209 resultados para Probate law and practice


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Academic engagement with higher education research policy in Australia, and with education policy more generally, is in crisis. This time around, it is not just that our theoretical tools are blunt and irrelevant (Ball 1990), so are our politics. It seems our attention has been so consumed by ‘what is policy’ (Ball 1994a) and with challenging its claims to authority, that we have missed or ignored imperatives to engage with its production. Even though some have attempted contributions, for the most part we have been ‘coerced into an era of cooperation’. Getting ourselves out of this mess will take more than just better theories and new politics. It will require a degree of cooperation, to advance a theory and practice of policy engagement and to re-establish a field of education that resists the tendency to fragment and/or the temptation to defend itself ‘against’ policy. In this paper I attempt an assessment of where we are theoretically and politically with regard to education policy and where we need to look to find new forms of policy engagement. By way of illustration, I draw on examples from AARE (the Australian Association for Research in Education) and the Australian RQF (Research Quality Framework) although the analysis is by no means restricted to these.

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Equity has a long history in education. When compulsory schooling was first introduced in industrialising nations in the mid 1800s, many advocates saw it as a way of improving the circumstances of the poorest and most disadvantaged in their communities. But access to schooling did not prove to be the great equaliser that some had hoped. Instead, it became central in the reproduction of social and economic inequalities (Bourdieu & Passeron 1977). High academic achievement became highly correlated with high socioeconomic status, and vice versa (Teese & Polesel 2003). In Australia, the Karmel Report (1973) proved to be a watershed moment in naming the equity problem in schooling and, among other things, gave rise to the Disadvantaged Schools Program (DSP): an attempt to level the playing field albeit by ‘running twice as hard’ (Connell at al. 1991). Almost two decades later, A Fair Chance for All (1990) signalled official concern for equity in Australian higher education. While access to university was not to be universal, it was to be equitable; all social groups in the Australian population were to be proportionally represented among its university students. Today, Australia is still grappling with the inequities in its schooling and higher education systems, highlighted by renewed interest by governments to address the issues. Although not of the same order of magnitude, there now appears to be an emerging policy agenda around equity in VET. Has equity’s time come for VET? This paper canvasses the history of equity in Australian schooling and higher education, with a view to drawing out principles to inform a rejuvenated equity agenda in vocational education and training.

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The range of rationales that underpin conceptions of flexible education, and the re-making over time of the official meaning of flexibility in national education policy, have led to the point where flexibility might be found, or be required, in nearly every aspect of Australian higher education. This paper seeks to identify those rationales and the development of public policy rhetoric that have framed the development of the meaning of flexible education over time in an Australian context. By considering the intersection of theoretical and policy perspectives on flexible education with the realities of teaching and learning practice in the discipline context of engineering, this paper proposes the essential importance of individual context and agency in the making of real meaning from, and creating practical boundaries around, the otherwise tenuous definitions of flexibility often offered by institutional policy.

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Background: There are few validated measures of organizational context and none that we located are parsimonious and address modifiable characteristics of context. The Alberta Context Tool (ACT) was developed to meet this need. The instrument assesses 8 dimensions of context, which comprise 10 concepts. The purpose of this paper is to report evidence to further the validity argument for ACT. The specific objectives of this paper are to: (1) examine the extent to which the 10 ACT concepts discriminate between patient care units and (2) identify variables that significantly contribute to between-unit variation for each of the 10 concepts.

Methods: 859 professional nurses (844 valid responses) working in medical, surgical and critical care units of 8 Canadian pediatric hospitals completed the ACT. A random intercept, fixed effects hierarchical linear modeling (HLM) strategy was used to quantify and explain variance in the 10 ACT concepts to establish the ACT’s ability to discriminate between units. We ran 40 models (a series of 4 models for each of the 10 concepts) in which we systematically assessed the unique contribution (i.e., error variance reduction) of different variables to between-unit variation. First, we constructed a null model in which we quantified the variance overall, in each of the concepts. Then we controlled for the contribution of individual level variables (Model 1). In Model 2, we assessed the contribution of practice specialty (medical, surgical, critical care) to variation since it was central to construction of the sampling frame for the study. Finally, we assessed the contribution of additional unit level variables (Model 3).

Results: The null model (unadjusted baseline HLM model) established that there was significant variation between units in each of the 10 ACT concepts (i.e., discrimination between units). When we controlled for individual characteristics, significant variation in the 10 concepts remained. Assessment of the contribution of specialty to between-unit variation enabled us to explain more variance (1.19% to 16.73%) in 6 of the 10 ACT concepts. Finally, when we assessed the unique contribution of the unit level variables available to us, we were able to explain additional variance (15.91% to 73.25%) in 7 of the 10 ACT concepts.

Conclusion: The findings reported here represent the third published argument for validity of the ACT and adds to the evidence supporting its use to discriminate patient care units by all 10 contextual factors. We found evidence of relationships between a variety of individual and unit-level variables that explained much of this between-unit variation for each of the 10 ACT concepts. Future research will include examination of the relationships between the ACT’s contextual factors and research utilization by nurses and ultimately the relationships between context, research utilization, and outcomes for patients.

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Changes to Australian copyright law introduced under the Australia–United States Free Trade Agreement will diminish the public domain, criminalise common copyright infringing practices and locally introduce significant portions of the controversial 1998 American Digital Millennium Copyright Act. This paper examines these imminent changes to Australian copyright law, with specific attention to the potential effects of the extended duration of copyright protection and the introduction of technological anti-circumvention measures. It argues that public domain-enhancing activities are crucial for sustaining cultural creativity and technological innovation, and discusses the potential role of the Creative Commons movement in establishing economically viable and legal alternatives to the current model of trade-oriented copyright reform.

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