84 resultados para 180120 Legal Institutions (incl. Courts and Justice Systems)

em Deakin Research Online - Australia


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Access to justice extends beyond consideration of the systems and institutions of justice; it includes infrastructure such as transport, health, education and communications. Rural, regional and remote (‘RRR’) communities are more likely to face difficulties in accessing advice and accurate information on laws and processes available for resolution of disputes. Perhaps more fundamentally, they rarely have a voice in effecting reforms in laws and related policies. For several decades, community legal centres, legal aid, courts, and a range of other institutions have used community legal education programs to improve knowledge and access to law and justice systems, services and organisations. The recent Productivity Commission Inquiry into Access to Justice Arrangements notes that, ‘Better coordination and greater quality control in the development and delivery of these [community legal education, legal information] services would improve their value and reach.’ At the same time, research into the professional needs of RRR legal practitioners has found that many of these practitioners face considerable difficulties accessing good quality continuing professional development (‘CPD’) and informal networking/support opportunities.6 Current and emerging internet-based technologies open up opportunities for legal organisations to better meet the educational needs of both rural communities and legal practitioners. Though limitations still exist at multiple levels, relatively low-cost, media-rich, synchronous and tailored education programs can now be delivered effectively in many rural and remote areas. However, complex layers of decisions are required to critically assess, harness and optimise technologies to best suit the needs of users, and to utilise teaching and learning techniques that best match the technologies and participant needs. Getting these elements — needs, technology and learning technique — right, nevertheless offers extraordinary opportunities. Sound decisions and good practices should enable state-wide and specialist law and justice-related services interested in improving their engagement with RRR communities to dramatically improve the reach and quality of outcomes, not only for distant participants but the spectrum of stakeholders.

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IS professionals are primarily concerned with the development of a project to meet the goals of a client. Unfortunately, IS professional do not always pay close attention to the contract or to its management and are often unaware of the legal implications of the contracts to which they are assenting. Legal advice can be sought during pre-contractual processes to help ensure that the contract meets the expectations of all the parties. If the project does not meet stakeholder’s expectations, thus causing a contract to come into dispute, lawyers may be called in to review the contract and to seek a settlement. This paper reports an exploratory study of the differences in perceptions of IS development contracts that exist between IS professionals and legal practitioners.

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This paper explores the idea that justice is a basic human need akin to those famously depicted in Maslow’s hierarchy of human needs and, as such, warrants recognition as a core element in representative ideas about nursing. Early nurse theorists positioned the principles and practice of nursing as having their origins in ‘universal human needs’. The principle of deriving nursing care from human needs was thought to provide a guide not only for promoting health, but for preventing disease and illness. The nursing profession has had a longstanding commitment to social justice as a core professional value and ideal, obligating nurses to address the social conditions that undermine people’s health.The idea of justice as a universal human need per se and its possible relationship to people’s health outcomes has, however, not been considered. One reason for this is that justice in nursing discourse has more commonly been associated with law and ethics, and the legal and ethical responsibilities of nurses in relation to individualized patient care and, more recently, changing systems of care to improve health and health outcomes. Although this association is not incorrect, it is incomplete.A key aim of this paper is to redress this oversight and to encourage a broader conceptualization of justice as necessary for human survival, health and development, not merely as a professional value, or legal or ethical principle for guiding human conduct.

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Universities are increasingly turning to ‘fashionable’ education programs to attract bright, high-quality students to both under-graduate and post-graduate degree programs. Traditional offerings in technology areas, such as Information Systems and Information Technology are being augmented by newer, more marketable degrees in areas such as eCommerce/eBusiness. This paper analyses the eCommerce/eBusiness and Information Systems (IS) / Information Technology (IT) academic programs in Australian and New Zealand universities on the basis of Kotler and Fox's service offering model of educational institutions; and considers what differences exist between these two apparently similar areas of academic endeavour. Finally we look at the trends of academic program delivery in the e-age and question whether universities need to take a more consumer-product approach to the issue of attracting appropriate students.

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Public shaming and humiliation have been used across cultures for centuries to punish offenders and define the boundaries of acceptable behaviour for communities. This article argues that since court-imposed shaming sanctions were phased out in Australia, the news media has assumed responsibility for performing this cultural practice. Through critical engagement with some of the research literature on shaming, the historical shift to the media as the modern pillory is explored. This article looks beyond the doctrine of open justice, which assigns the news media a dual role as a watchdog against injustice and a conduit between the courts and the public, to consider its role in shaming and suggest this role continues to evolve in a changing media landscape.

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Review of 'Promoting Justice through Clinical Legal Education' by Jeff Giddings, Justice Press, 2013, 448 pages

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This work comprehensively explores the implications of multiplicty of international judicial bodies on the coherent application of public international law. It carried out an in-depth analysis of the underlying reasons for the multiplicity, a thorough discussion of the benefits and the challenges presented by this development, its theoretical dimensions and solutions suggested to mitigate the challenges. The work locates the root causes of these challenges in the normative and institutional expansions of international law without a corresponding coordination of the activities of the ¿proliferating¿ judicial bodies. The challanges are systemic in nature. Clearly, because of their systemic nature, the impacts of these challenges are not limited to the specific courts, cases and parties implicated, but have a ripple effect that reverberates throughout the system. Therefore, the mitigation of the impacts of these challenges is of a paramount importance for the credibility, predictability, legitimacy and overall integrity of the international legal system and the eventual augmentation of the ¿compliance pull¿ garnered as a result.

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This paper explores an alternative way of framing information systems research on the role and impact of national culture. It argues that the widely accepted structural framework of Hofstede reduces interpretation to a simplistic categorical description which in many cases ignores differentiation within cultures. The alternative model suggests, that national culture can be better understood by seeking out the dominant codes that frame the discourse pervasive in a culture and understanding how that discourse affects the obvious social codes of ritual, custom and behavior and the textual codes which express the nature of that culture. This framework is applied to two different case studies—one in New Zealand and one in Thailand—to demonstrate its applicability.

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Universities worldwide are consolidating and enhancing their commitments to various models of e-learning. These activities are leading to the adoption of corporate-wide e-learning systems, and accompanying changes in structures, processes and infrastructure requirements. The professed ideal is to identify narrowly defined corporate IT solutions which can deliver the full range of educational, administrative and student support features to meet the organisational need to expand e-learning activities globally. The trend seems to be away from locally driven and controlled IT development and adoption towards investments in Instructional Management Systems (IMS). In reality, however, universities generally are developing and using a broader array of solutions to meet their needs than may be deemed desirable under a more centralised, corporatised IT approach. This paper examines these trends by analysing the drivers shaping corporate approaches to IT implementation, and reflects critically on some of the educational, economic and organisational tensions and issues evident in institutional approaches to establishing such systems. The paper highlights the ongoing need for innovative, dynamic organisational solutions to progress the e-learning agenda, and the thoughtful reconciliation of centralised and decentralised approaches to achieving desired ends.

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The regulation of advertising is a controversial and difficult process. Over the past three decades, two attempts have been made in Australia to produce more acceptable ads. This paper reviews these systems using a macro framework for analysis which contextualises advertising in society. The systems have the fundamental process of handling complaints about advertising in common, however there are advantages and disadvantages of each and these are discussed. Important insights for the development of regulation of advertising are presented together with critical implications for the future of the industry.