El régimen contractual de las empresas sociales del Estado

En nuestro país existen múltiples entidades y materias que no aplican la Ley 80 de 1993. Así, el desarrollo de su actividad contractual escapa al ámbito normativo que establece el Estatuto General de Contratación de la Administración Pública, configurándose de esta manera los denominados regímenes excepcionales. Sin embargo, teniendo en cuenta que son entidades que administran recursos públicos y en virtud del deber de observancia de los principios que orientan la función administrativa establecido por el ordenamiento jurídico, el Derecho Público que pareciere inicialmente no exigible a estos regímenes termina siendo aplicado, llegando a convivir e interactuar entonces con el Derecho Privado preponderantemente aplicable en este tipo de entidades. Dentro de estas, precisamente, se encuentran las denominadas Empresas Sociales del Estado - ESES -, las cuales por disposición expresa del legislador en materia contractual se rigen por el Derecho Privado, pero otorgándoles además la facultad de utilizar las cláusulas exorbitantes previstas en el Estatuto Contractual. Este escenario particularmente confuso, donde impera la incertidumbre sobre el alcance de la aplicación del Derecho Público y/o del Derecho Privado, constituye el problema jurídico que se aborda en el presente trabajo, el cual se desarrolla a partir del estudio del régimen contractual de las ESES, señalando sus rasgos más importantes y brindando una serie de criterios para la determinación de aspectos puntuales como: la aplicación de los principios, el régimen de inhabilidades e incompatibilidades aplicable, la utilización de las cláusulas y potestades exorbitantes, las modalidades de selección del contratista, entre otros.

Evaluation of water use, yield and water productivity of a high-density orchard (cv. Cobrançosa) subjected to different irrigation regimes – An account of four years

The impact of different irrigation scheduling regimes on the water use, yield and water productivity from a high-density olive grove cv. Cobrançosa in southern Portugal was assessed during the irrigation seasons of 2011, 2012, 2013 and 2014. The experiments were conducted in a commercial olive orchard at the Herdade Álamo de Cima, near Évora (38o 29' 49.44'' N, 7o 45' 8.83'' W; alt. 75 m) in southern Alentejo, Portugal. The orchard was established with 10-year old Cobrançosa trees in grids of 8.0 x 4.2 m (300 trees ha-1) in the E-W direction, and experiments conducted on a shallow sandy loam Regosoil Haplic soil. From mid-May to the end of September the orchard was irrigated and three plots were subjected to one of two irrigation treatments: a control treatment A, irrigated to replace 100% ETc, a moderate deficit irrigation treatment B irrigated to 70% of ETc, and a more severe deficit irrigation treatment C that provided for approximately 50% of ETc. Daily tree transpiration rates were obtained by continuously monitoring of sap flow in representative trees per treatment. Among the irrigated treatments, water use efficiency (WUE, ratio of water used to irrigation- water applied) of treatment C was the highest, with a value of 0.89, being treatment B slightly lower, with a WUE of 0.76. Olive harvest for 2012 was an exceptional “on year”. Bearing yields showed contrasting differences within years where an “on year” was followed by an “off year”. In 2011 and 2012 treatment B yields were 41 and 50% higher than treatment C, respectively. In 2013 treatment B yield was 45% higher than yield of the fully irrigated treatment A, and treatment C showed practically the same yield than treatment A. In the “on year” of 2014 treatment B averaged 48% higher yield than treatment C. Treatment B farm irrigation water productivity (WPI-Farm, ratio of yield to water applied) was the highest among all treatments. Treatment A showed the lowest conversion efficiency of all treatments, indicating treatment B as the adequate deficit irrigation treatment for our Cobrançosa orchard

Regimes and rebels

The end of the recent Communist occupation of the many countries bordering Russia marked an end to the tyranny of illegal and forced annexation. Amid these countries are my parents’ homelands, the small Baltic nations of Latvia and Estonia. Their occupation contravenes many of the numerous Articles listed by The Office of the High Commissioner for Human Rights in The Universal Declaration of Human Rights (2008), constituting many acts of violation. As a filmmaker, I was unusually incognizant of these events, despite my relationship to them. My parents never discussed the war, while during the ensuing Communist era, information was conspicuously absent. However, this lack of knowledge provided the incentive that compelled a journey of discovery that resulted in the making of Regimes and Rebels. This Masters project is presented is two parts. The film equates to 70% of the project (52 minutes in length), whilst the exegesis represents the remaining 30%. The film is a ‘human rights’, ‘video diary’ styled documentary film about the Communist occupation of my parents’ homelands, Latvia and Estonia, and the resonating effect of the occupation on our family living in Australia and family still living in the homelands. The production of the video diary is contextualised by this exegesis, which concurrently discusses the burgeoning video diary format as the basis for making a ‘human rights’ documentary film. A discussion about the latter genre of documentary film ensues, encompassing modes of representation, followed by various issues related to production including: issues of aesthetics, styles, digital media, lack of evidence and subjectivity analogous with both filmmaker and audience. Next, work by other filmmakers in the ‘human rights’ genre, linked to the proliferation of Communism in Europe, is discussed and analysed in terms of production and modes of representation. The exegesis ends with my experience as filmmaker and an analysis of factors that arose in making Regimes and Rebels.

Exceptional teachers for disadvantaged schools

This article reports on the first year of the Exceptional Teachers for Disadvantaged Schools project, a teacher education approach designed to prepare high quality teachers for low socio-economic schools. The Exceptional Teachers for Disadvantaged Schools (ETDS) project is an innovative way to prepare high-quality teachers for employment in low-SES schools. The program, based at Queensland University of Technology (QUT), offers a specialised curriculum, designed to equip high-achieving pre-service teachers for work in the schools that need them most. Selected pre-service teachers at QUT are invited to take part in the trial course, based on their academic performance over the first two years of their four-year Bachelor of Education degree, and on a demonstrated commitment to social justice. These participants undertake a modified version of QUT's B Ed on-campus curriculum. They have their practicum/field experience at one of a range of disadvantaged schools throughout Queensland which have agreed to partner with QUT in the program. In the past, teacher education for disadvantaged schools has been described as applying a 'missionary' or deficit model (Larabee, 2010; Comber and Kamler, 2004; Flessa, 2007). The principals of schools participating in the ETDS react strongly against such an approach, and have explicitly asked project staff not to send them anyone who 'thinks they can save the world'. The ETDS project has moved well away from such a model, towards a position that is explicitly centred on notions of academic excellence. The project is now at the end of its first trial year.

Exceptional teachers for disadvantaged schools

A major issue facing Australia is addressing an education system that OECD’s data from the Programme for International Student Assessment (PISA) show is of high quality, but low equity. In other words, while Australian schools score relatively high in terms of international benchmarks related to quality, the same cannot be said in relation to indicators of social background or socioeconomic status (SES). The federal and state responses to this dilemma can be found in a coordinated national agenda targeting social inclusion. Two key policy areas within this agenda relate directly to the Exceptional Teachers for Disadvantaged Schools Project (ETDS). These are the Higher Education Participation and Partnerships Program (HEPPP) and the National Partnership Agreements on Low Socio-economic Status School Communities and Improving Teacher Quality.

Addressing quality teaching in hard to staff settings : the Exceptional Teachers for Disadvantaged Schools Project

This Exceptional Teachers for Disadvantaged Schools (ETDS) project sets out to design a new model of Australian teacher education responding to recent demands for quality education in low SES and disadvantaged schools. The project moves teacher education from the ‘missionary’ (Larabee, 2010) or deficit (Comber and Kamler 2004; Flessa, 2007) approaches, towards a focus on notions of quality and academic excellence. Rice (2008, p.1) argues for a need to place more of the “very best teachers into the most challenging schools”, yet the problem is not merely one of training more teachers, for disadvantaged schools already receive disproportionate numbers of beginning teachers (Connell, 1994; Vickers & Ferfolja, 2006). Rather, Grossman and Loeb (2010, p. 245) argue the problem centers on the common practice of “[p]lacing the least experienced teachers with the most needy students”. This paper reports on the first year trial of the project. The ETDS project is at present, the only mainstream Australian teacher education model that targets cohorts of academically high achieving pre-service teachers with the overt aim of preparing graduates of the program to teach in disadvantaged schools. At the end of its first year, the ETDS program graduated 20 new teachers, each of whom had over the previous 18 months engaged with a specialized curriculum and carefully monitored/scaffolded practicum placements in disadvantaged schools around Brisbane, Australia.

Two decades of exceptional achievements : does the evidence support nurses to favour Cochrane systematic reviews over other systematic reviews?

Systematic reviews (SRs) are increasingly recognised as the standard approach in summarising health research and influence clinical nursing practice and health care decisions (Coster and Norman, 2009, Grimshaw and Russell, 1993 and Griffiths and Norman, 2005). High quality SRs should have a clearly stated set of objectives with pre-defined eligibility criteria for studies; an explicit reproducible methodology; a systematic search that attempts to identify all studies that would meet the eligibility criteria; an assessment of the validity of the findings of the included studies; the assessment of risk of bias; and a systematic presentation and synthesis of the characteristics of findings of the included study (Higgins and Green, 2011). Although SRs are highly regarded and are expected to be rigorous, just as other research, their quality may vary (Choi et al., 2001 and Hoving et al., 2001)...

Supporting exceptional students to thrive mathematically

Providing an appropriate education for exceptional students in mathematics is mandated in educational policy in Australasia (Australian Curriculum, Assessment and Reporting Agency (ACARA), 2010; Ministry of Education, 2009, 2011) but a challenge for teachers and schools. ‘Exceptional students’ refer to two distinct populations, namely those who are gifted in mathematics and have the capability to perform very highly compared to age peers and those who experience learning difficulties in mathematics and may underperform (Diezmann, Lowrie, Bicknell, Faragher, & Putt, 2004).

The governance of inter-organisational decision-making : understanding the impacts of informal networks on formal decision-making regimes in the Brisbane Airport region

Airports and cities inevitably recognise the value that each brings the other; however, the separation in decision-making authority for what to build, where, when and how provides a conundrum for both parties. Airports often want a say in what is developed outside of the airport fence, and cities often want a say in what is developed inside the airport fence. Defining how much of a say airports and cities have in decisions beyond their jurisdictional control is likely to be a topic that continues so long as airports and cities maintain separate formal decision-making processes for what to build, where, when and how. However, the recent Green and White Papers for a new National Aviation Policy have made early inroads to formalising relationships between Australia’s major airports and their host cities. At present, no clear indication (within practice or literature) is evident to the appropriateness of different governance arrangements for decisions to develop in situations that bring together the opposing strategic interests of airports and cities; thus leaving decisions for infrastructure development as complex decision-making spaces that hold airport and city/regional interests at stake. The line of enquiry is motivated by a lack of empirical research on networked decision-making domains outside of the realm of institutional theorists (Agranoff & McGuire, 2001; Provan, Fish & Sydow, 2007). That is, governance literature has remained focused towards abstract conceptualisations of organisation, without focusing on the minutia of how organisation influences action in real-world applications. A recent study by Black (2008) has provided an initial foothold for governance researchers into networked decision-making domains. This study builds upon Black’s (2008) work by aiming to explore and understand the problem space of making decisions subjected to complex jurisdictional and relational interdependencies. That is, the research examines the formal and informal structures, relationships, and forums that operationalise debates and interactions between decision-making actors as they vie for influence over deciding what to build, where, when and how in airport-proximal development projects. The research mobilises a mixture of qualitative and quantitative methods to examine three embedded cases of airport-proximal development from a network governance perspective. Findings from the research provide a new understanding to the ways in which informal actor networks underpin and combine with formal decision-making networks to create new (or realigned) governance spaces that facilitate decision-making during complex phases of development planning. The research is timely, and responds well to Isett, Mergel, LeRoux, Mischen and Rethemeyer’s (2011) recent critique of limitations within current network governance literature, specifically to their noted absence of empirical studies that acknowledge and interrogate the simultaneity of formal and informal network structures within network governance arrangements (Isett et al., 2011, pp. 162-166). The combination of social network analysis (SNA) techniques and thematic enquiry has enabled findings to document and interpret the ways in which decision-making actors organise to overcome complex problems for planning infrastructure. An innovative approach to using association networks has been used to provide insights to the importance of the different ways actors interact with one another, thus providing a simple yet valuable addition to the increasingly popular discipline of SNA. The research also identifies when and how different types of networks (i.e. formal and informal) are able to overcome currently known limitations to network governance (see McGuire & Agranoff, 2011), thus adding depth to the emerging body of network governance literature surrounding limitations to network ways of working (i.e. Rhodes, 1997a; Keast & Brown, 2002; Rethemeyer & Hatmaker, 2008; McGuire & Agranoff, 2011). Contributions are made to practice via the provision of a timely understanding of how horizontal fora between airports and their regions are used, particularly in the context of how they reframe the governance of decision-making for airport-proximal infrastructure development. This new understanding will enable government and industry actors to better understand the structural impacts of governance arrangements before they design or adopt them, particularly for factors such as efficiency of information, oversight, and responsiveness to change.

Australian copyright regimes and political economy of music

In this chapter I review the history of copyright in Australia through a singular and exemplary ruling of the Australian High Court made in 2012 and then relate that to the declining fortunes of Australian recorded music professionals. The case in point is Phonographic Performance Company [PPCA] of Australia Limited v Commonwealth of Australia [2012] HCA 8 (hereafter, HCA 8 2012). The case encapsulates the history of copyright law in Australia, with the judicial decision drawing substantive parts of its rationale from the Statute of Anne (8 Anne, c. 19, 1710), as well as copyright acts that regulated the Australian markets prior to 1968. More importantly the High Court decision serves to delineate some important political economic aspects of the recorded music professional in Australia and demonstrates Attali’s (1985) assertion that copyright is the mechanism through which composers are, by statute, literally excluded from capitalistic engagement as ‘productive labour’.

Climate change adaptation in urban systems : strategies for planning regimes

Adaptation is increasingly being viewed as a necessary response tool in respect of climate change effects. Though the subject of significant scholarly and professional attention, adaptation still continues to lag behind mitigation in the climate change discourse. However, this situation looks likely to change over the coming years due to a increasing scientific acceptance that certain climate change effects are now inevitable. The purpose of this research is to illustrate, consider and demonstrate how urban planning regimes can use some of their professional tools to develop adaptation strategies and interventions in urban systems. These tools include plan-making, development management, urban design and place-making. Urban systems contribute disproportionately to climate change and will also likely suffer considerably from the resulting effects. Moreover, the majority of the world’s population is now urbanised, suggesting that adaptation will be crucial in order to develop urban systems that are resilient to climate change effects. Informed by a reflexive, qualitative methodology, this paper offers an informed understanding and illustration of adaptation as a climate change response, its use in urban systems and some of the roles and strategies that planning may take in developing and implementing urban adaptation. It concludes that urban planning regimes can have key roles in adapting urban systems to numerous climate change effects.

From "Secondary Punishment" to "Supermax" : the human costs of high-security regimes in Australia

“Supermax” prisons, conceived by the United States in the early 1980s, are typically reserved for convicted political criminals such as terrorists and spies and for other inmates who are considered to pose a serious ongoing threat to the wider community, to the security of correctional institutions, or to the safety of other inmates. Prisoners are usually restricted to their cells for up to twenty-three hours a day and typically have minimal contact with other inmates and correctional staff. Not only does the Federal Bureau of Prisons operate one of these facilities, but almost every state has either a supermax wing or stand-alone supermax prison. The Globalization of Supermax Prisons examines why nine advanced industrialized countries have adopted the supermax prototype, paying particular attention to the economic, social, and political processes that have affected each state. Featuring essays that look at the U.S.-run prisons of Abu Ghraib and Guantanemo, this collection seeks to determine if the American model is the basis for the establishment of these facilities and considers such issues as the support or opposition to the building of a supermax and why opposition efforts failed; the allegation of human rights abuses within these prisons; and the extent to which the decision to build a supermax was influenced by developments in the United States. Additionally, contributors address such domestic matters as the role of crime rates, media sensationalism, and terrorism in each country’s decision to build a supermax prison.

Reflections from early career graduates of the exceptional teachers for disadvantaged schools project

This paper aims to explore the experiences of newly qualified teachers and their supervising principals who work in schools situated in various high-poverty areas of Queensland, Australia. It is informed by data collected in the context of an Australian teacher education program, Exceptional Teachers for Disadvantaged Schools (ETDS). Now in its third year, this program was designed to prepare highly skilled pre-service teachers to work in schools that have large numbers of students from disadvantaged or low socio-economic status (SES) backgrounds. Addressing the oft-stated need to prepare high-quality teachers for low SES schools, high-achieving undergraduate education students were invited to participate in two years of specialised curriculum to prepare them for the schools that need them the most, which are also the schools that are often difficult to staff. Pre-service teachers in this program do all their teaching practicum placements in challenging or complex schools. In 2011, some of this cohort did their practicum teaching in schools with large numbers of Indigenous students and several went on to teach in remote communities after graduation. These graduates and the leaders of the schools they work in are the primary informants for this paper.