993 resultados para Restraints on alienation.


Relevância:

90.00% 90.00%

Publicador:

Resumo:

This thesis is written through the front-line perspective of a child/youth worker who has experienced ‘rupture’ in her personal understanding of the Child Youth Care (CYC) practice. Using a collection of personal journal entries written about her individual experiences of CYC education, mentorship/training, front-line residential practice and frequently used interventions, this thesis takes the reader (and the writer) on a discovery of prominent discourses that exist within the residential CYC profession. Focusing on the use of physical restraints on children by residential Child/Youth Workers, this research project utilizes Deconstructive Discourse Analysis and Liberation Psychologies to illustrate a critical examination of power-knowledge and scientific/medical discourses in CYC practice. By focusing on Foucault’s concepts of disciplinary power, binary division and theory of panopticism, the writer seeks to explore a personal reflection and comprehension of how power is used to assert control over children/youth through mental health treatment and physical interventions.

Relevância:

90.00% 90.00%

Publicador:

Resumo:

Delaware sets the governance standards for most public companies. The ability to attract corporations could not be explained solely by the existence of a favorable statutory regime. Delaware was not invariably the first or the only state to implement management friendly provisions. Given the interpretive gaps in the statute and the critical importance of the common law in the governance process, courts played an outsized role in setting legal standards. The management friendly nature of the Delaware courts contributed significantly to the state’s attraction to public corporations. A current example of a management friendly trend in the case law had seen the recent decisions setting out the board’s authority to adopt bylaws under Section 109 of the Delaware General Corporation Law (DGCL), particularly those involving the shifting of fees in litigation against the corporation or its directors. The DGCL allows bylaws that address “the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its stockholders, directors, officers or employees.” The broad parameters are, however, subject to limits. Bylaws cannot be inconsistent with the certificate of incorporation or “the law.” Law includes the common law. The Delaware courts have used the limitations imposed by “the law” to severely restrict the reach of shareholder inspired bylaws. The courts have not used the same principles to impose similar restraints on bylaws adopted by the board of directors. This can be seen with respect to bylaws that restrict or even eliminate the right of shareholders to bring actions against management and the corporation. In ATP Tour, Inc. v. Deutscher Tennis Bund the court approved a fee shifting bylaw that had littl relationship to the internal affairs of the corporation. The decision upheld the bylaw as facially valid.The decision ignored a number of obvious legal infirmities. Among other things, the decision did not adequately address the requirement in Section 109(b) that bylaws be consistent with “the law.” The decision obliquely acknowledged that the provisions would “by their nature, deter litigation” but otherwise made no effort to assess the impact of this deterrence on shareholders causes of action. The provision in fact had the practical effect of restricting, if not eliminating, litigation rights granted by the DGCL and the common law. Perhaps most significantly, however, the bylaws significantly limited common law rights of shareholders to bring actions against the corporation and the board. Given the high dismissal rates for these actions, fee shifting bylaws imposed a meaningful risk of liability on plaintiffs. Moreover, because judgments in derivative suits were paid to the corporation, shareholders serving as plaintiffs confronted the risk of liability without any offsetting direct benefit. By preventing suits in this area, the bylaw effectively insulated the behavior of boards from legal challenge. The ATP decision was poorly reasoned and overstepped acceptable boundaries. The management friendly decision threatened the preeminent role of Delaware in the development of corporate law. The decision raised the specter of federal intervention and the potential for meaningful competition from the states. Because the opinion examined the bylaw in the context of non-stock companies, the reasoning may remain applicable only to those entities and never make the leap to for-profit stock corporations. Nonetheless, the analysis reflects a management friendly approach that does not adequately take into account the impact of the provision on the rights of shareholders.

Relevância:

80.00% 80.00%

Publicador:

Resumo:

Insect odorant receptors (ORs) comprise an enormous protein family that translates environmental chemical signals into neuronal electrical activity. These heptahelical receptors are proposed to function as ligand-gated ion channels and/or to act metabotropically as G protein-coupled receptors (GPCRs). Resolving their signalling mechanism has been hampered by the lack of tertiary structural information and primary sequence similarity to other proteins. We use amino acid evolutionary covariation across these ORs to define restraints on structural proximity of residue pairs, which permit de novo generation of three-dimensional models. The validity of our analysis is supported by the location of functionally important residues in highly constrained regions of the protein. Importantly, insect OR models exhibit a distinct transmembrane domain packing arrangement to that of canonical GPCRs, establishing the structural unrelatedness of these receptor families. The evolutionary couplings and models predict odour binding and ion conduction domains, and provide a template for rationale structure-activity dissection.

Relevância:

80.00% 80.00%

Publicador:

Resumo:

During the 2010 session, the Iowa Legislature created per House File 2422 a Business Disaster Case Management Task Force. The purpose of the Task Force is to research disaster recovery case management assistance needed for businesses following a major disaster and to recommend steps for providing such assistance following disasters. The Task Force was duly constituted. Its recommendations are contained in this report. The Task Force focused on what the State of Iowa could do for itself without reliance on federal agencies or programs. It concluded that the hallmarks of any business disaster assistance must be speed of delivery and simplicity in execution. In addition, monies used to assist business recovery should be free of as many restraints on use as possible, relying on the affected businesses to judge for themselves how best to deploy capital resources.

Relevância:

80.00% 80.00%

Publicador:

Resumo:

A eficácia dos processos de descentralização sanitária está fortemente condicionada por fatores econômico-financeiros. Na primeira parte deste trabalho se analisa uma classificação dos processos de descentralização de serviços de saúde que distingue 4 tipos ideais. Para cada um deles são identificados os intrumentos de repasse de recursos mais adequados, assím como os condicionantes financeiros da sua eficácia. Na segunda parte o estudo é focalizado na experiência brasileira da década de 80. São analisadas as políticas de descentralização sanitária identificándo-se o tipo ideal ao que se aproximam os instrumentos financeiros que foram adotados na sua formulação. Posteriormente, é examinada a implementação das políticas desentralizadoras avaliándo-se a medida em que cada uma cumpríu com os condicionantes correspondentes.

Relevância:

80.00% 80.00%

Publicador:

Relevância:

80.00% 80.00%

Publicador:

Resumo:

Natural killer cells may provide an important first line of defense against metastatic implantation of solid tumors. This antitumor function occurs during the intravascular and visceral lodgment phase of cancer dissemination, as demonstrated in small animal metastasis models. The role of the NK cell in controlling human tumor dissemination is more difficult to confirm, at least partially because of ethical restraints on experimental design. Nonetheless, a large number of solid tumor patient studies have demonstrated NK cell cytolysis of both autologous and allogeneic tumors.^ Of the major cancer therapeutic modalities, successful surgery in conjunction with other treatments offers the best possibility of cure. However, small animal experiments have demonstrated that surgical stress can lead to increased rates of primary tumor take, and increased incidence, size, and rapidity of metastasis development. Because the physiologic impact of surgical stress can also markedly impair perioperative antitumor immune function in humans, we examined the effect of surgical stress on perioperative NK cell cytolytic function in a murine preclinical model. Our studies demonstrated that hindlimb amputation led to a marked impairment of postoperative NK cell cytotoxicity. The mechanism underlying this process is complex and involves the postsurgical generation of splenic erythroblasts that successfully compete with NK cells for tumor target binding sites; NK cell-directed suppressor cell populations; and a direct impairment of NK cell recycling capacity. The observed postoperative NK cell suppression could be prevented by in vivo administration of pyrimidinone biologic response modifiers or by short term in vitro exposure of effector cells to recombinant Interleukin-2. It is hoped that insights gained from this research may help in the future development of NK cell specific perioperative immunotherapy relevant to the solid tumor patients undergoing cancer resection. ^

Relevância:

80.00% 80.00%

Publicador:

Resumo:

This article reassesses the relationship that existed in the period 1649–53 between war in Ireland and politics in England. Drawing upon a largely overlooked Irish army petition, it seeks to remedy an evident disconnect between the respective historiographies of the Cromwellian conquest of Ireland on the one hand and the Rump Parliament on the other. The article reconstructs some of the various disputes over religion, authority and violence that undermined the unity of the English wartime regime in Ireland. It then charts the eventual spilling over of these disputes into Westminster politics, arguing that their impact on deteriorating army-parliament relations in the year prior to Oliver Cromwell’s expulsion of the Rump in April 1653 has not been fully appreciated. The key driver of these developments was John Weaver, a republican MP and commissioner for the civil government of Ireland. The article explains how his efforts both to place restraints on the excessive violence of the conquest and to exert civilian control over the military evolved, by 1652, into a determined campaign at Westminster to strengthen the powers of Ireland’s civil government and to limit the army’s share in the prospective Irish land settlement. Weaver’s campaign forced the army officers in Ireland to intervene at Westminster, thus placing increased pressure on the Rump Parliament. This reassessment also enables the early 1650s to be viewed more clearly as a key phase in the operation of the longer-term relationships of mutual influence that existed between Dublin and London in the seventeenth century.

Relevância:

80.00% 80.00%

Publicador:

Resumo:

The fundamental purpose of fisheries management is to ensure sustainable production over time from fish stocks, preferably through regulatory and enhancement actions that promote economic and social well being of the fishers and industries that depend on the resource. To achieve this purpose, management authorities must design, justify and administer (enforce) a collection of restraints on fishing and fishery-related activities. Productivity and management of the fisheries should be based on the understanding that they are complex and dynamic systems. Physical, chemical and biological components support a community of organisms that is unique to the these systems. All these components are in constant change but mainly dictated by human interference in the water body ecosystem.

Relevância:

40.00% 40.00%

Publicador:

Resumo:

National Highway Traffic Safety Administration, Washington, D.C.

Relevância:

40.00% 40.00%

Publicador:

Resumo:

National Highway Traffic Safety Administration, Office of Driver and Pedestrian Programs, Washington, D.C.