Answering the Call of the European Court of Justice in Eurofoods a Proposed Package of Due Process Rights with a View Toward the 2012 Revision of the European Insolvency Regulation. IES WORKING PAPER 3/2011

This paper anticipates the 2012 revision of the European Insolvency Regulation, which is the sole Union legislation on the subject of cross border insolvency proceedings. The paper first describes the historical background of the Regulation. The salient point of the historical discussion is that the Regulation is the product of forty years of negotiation and arises from a historical context that is no longer applicable to current economic realities, i.e. it provides for liquidation, not reorganization, it doesn’t deal with cross border groups of companies, and it lacks an effective mechanism for transparency and creditor participation. The paper then reviews the unique hybrid jurisdictional system of concurrent universal and territorial proceedings that the Regulation imposes. It looks at this scheme from a practical viewpoint, i.e. what issues arise with concurrent proceedings in two states, involving the same assets, the same creditors, and the same company. The paper then focuses on a significant issue raised by the European Court of Justice in the Eurofoods case, i.e. the need to comply with fundamental due process principles that, while not articulated in the Regulation, lie at the core of Union law. Specifically, the paper considers the ramifications of the Court’s holding that “a Member State may refuse to recognize insolvency proceedings opened in another Member State where the decision to open the proceedings was taken in flagrant breach of the fundamental right to be heard.” In response to the Court’s direction, this paper proposes a package of due process rights, consisting principally of an accessible, efficient and useful insolvency database, the infrastructure of which already exists, but the content and use of which has not yet been developed. As part of a cohesive three part due process package, the paper also proposes the formation of cross border creditors' committees and the establishment of a European Insolvency Administrator. Finally, on the institutional level, this paper proposes that the revision of the Regulation and the development of the insolvency database not only need to be coordinated, but need to be conceptualized, managed and undertaken, not as the separate efforts of diverse institutions, but as a single, unified endeavor.

Inconclusive proofs of payoff in driver education and other crash prevention measures.

Mode of access: Internet.

Report of the Governor's Commission for the Study of Problems in the Education of Negroes in North Carolina.

N.C. Newbold, chairman of the commission.

The use of computers in engineering education; report. 1st-3d; 1960-62.

Cover title, 1960: Electronic computers in engineering education; report.

Some dangerous communicable diseases; a special unit of study in health education for senior high schools and junior colleges ... a manual for teachers and students,

Cover-title.

Summaries of studies in agricultural education: an annotated bibliography of 373 studies in agricultural education with a classified subject index and a general evaluation.

Mode of access: Internet.

Surveillance as a technique of power in physical education

This paper analyses surveillance as a technique of power in the culture of physical education, including its impact upon the health of teachers. Additionally, gendered aspects of surveillance are investigated because physical education is an important location in and through which bodies are inscribed with gendered identities. The embodied nature of physical educators' work renders the body as particularly significant in patterns of privilege and domination. The research was guided by Michel Foucault's work and poststructural feminist perspectives on the importance of power in social life. At nine schools across two international research sites, the functioning of surveillance was evidenced through the multi-directional workings of power in top-down, lateral, and bottom-up configurations. Data indicated that surveillance occurred on, through and about bodies. It had a strong gender dimension as the male gaze inscribed both female teachers' and students' bodies with value and competence. In terms of teachers' health, as well as responses to surveillance on a physical and emotional level, the workings of power were also influential in shaping teachers' identities.

Situating Learning: (Re)examining the Notion of apprenticeship in Coach Education

The last two decades has seen a proliferation in the provision of and importance attached to coach education in many Western countries. Pivotal to many coach education programmes is the notion of apprenticeship. Increasingly, mentoring is being positioned as a possible tool for enhancing coach education and professional expertise. However, there is a paucity of empirical data on interventions in and evaluations of coach education programmes. In their recent evaluation of a coach education programme, Cassidy, Potrac & McKenzie conclude that the situated learning literature could provide coach educators with a generative platform for the (re)examination of apprenticeships and mentoring in a coach education context. This paper discusses the merits of using Situated Learning theory and the associated concept of Communities of Practice (CoP) to stimulate discussion on developing new understandings of the practices of apprenticeship and mentoring in coach education.