881 resultados para Legal research


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The challenges of research ethics and methodologies have been reflected on extensively, but – aside from the context of feminist methodologies – less so in relation to research on particular migration sites such as in transit, detention centres, at the borders or within migration administration. First attempts in this direction have been made (Düvell et al. 2010, Fresia et al. 2005, Riedner 2014, van Liempt/Bilger2009), however, more reflection and theorization is needed, considering the contested nature of these temporal and volatile sites. In this workshop, we thus aim at examining methodological as well as ethical questions that arise during field work: We attempt to reflect the power relations involved in the research process, the ethics of research design, the dissemination of research results, the question of gaining access to and – whenever necessary – staying in contact with our research subjects. How can we negotiate informed consent with subjects whose life is currently marked by transit and insecurity concerning their own future, and who are in an uncertain situation in which substantial information (legal, social, cultural etc.) is likely to be missing? How do we deal with the dilemma of possibly contributing to knowledge production that might facilitate removals and deportations in the future, considering that the reception of the results is not in the hands of the researchers? How do we deal with the anticipated as well as unexpected impacts of our research on social and political practice? Regarding fieldwork in state institutions, how do we negotiate the multiple loyalties we often find ourselves faced with as social researchers, both with the excluded migrants and with the authorities implementing the exclusions – two groupings considered to be opposite to each other (Lavanchy 2013)? Which different roles do researchers need to take on? The aim of our workshop is first and foremost to exchange experiences on fieldwork with others doing qualitative research on related topics and to consider its possible implications – including affective dimensions – for all participants involved in the research process: the migrants, the security staff of detention centres, its social workers, border police and bureaucrats and, last but not least, the researchers themselves. Furthermore, we generally wish to reflect upon the question of how best to conduct research in this contested field, applying an interdisciplinary perspective.

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Study objective. This was a secondary data analysis of a study designed and executed in two phases in order to investigate several questions: Why aren't more investigators conducting successful cross-border research on human health issues? What are the barriers to conducting this research? What interventions might facilitate cross-border research? ^ Methods. Key informant interviews and focus groups were used in Phase One, and structured questionnaires in Phase Two. A multi-question survey was created based on the findings of focus groups and distributed to a wider circle of researchers and academics for completion. The data was entered and analyzed using SPSS software. ^ Setting. El Paso, TX located on the U.S-Mexico Border. ^ Participants. Individuals from local academic institutions and the State Department of Health. ^ Results. From the transcribed data of the focus groups, eight major themes emerged: Political Barriers, Language/Cultural Barriers, Differing Goals, Geographic Issues, Legal Barriers, Technology/Material Issues, Financial Barriers, and Trust Issues. Using these themes, the questionnaire was created. ^ The response rate for the questionnaires was 47%. The largest obstacles revealed by this study were identifying a funding source for the project (47% agreeing or strongly agreeing), difficulties paying a foreign counterpart (33% agreeing or strongly agreeing) and administrative changes in Mexico (31% agreeing or strongly agreeing). ^ Conclusions. Many U.S. investigators interested in cross-border research have been discouraged in their efforts by varying barriers. The majority of respondents in the survey felt financial issues and changes in Mexican governments were the most significant obstacles. While some of these barriers can be overcome simply by collaboration among motivated groups, other barriers may be more difficult to remove. Although more evaluation of this research question is warranted, the information obtained through this study is sufficient to support creation of a Cross-Border Research Resource Manual to be used by individuals interested in conducting research with Mexico. ^

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Decades of research show that environmental exposure to the chemical benzene is associated with severe carcinogenic, hematoxic and genotoxic effects on the human body. As such, the Environmental Protection Agency (EPA) has designated the chemical as a Hazardous Air Pollutant and prescribed benzene air concentration guidelines that provide cities with an ideal ambient level to protect human health. However, in Houston, Texas, a city home to the top industrial benzene emitters in the US who undoubtedly contribute greatly to the potentially unsafe levels of ambient benzene, regulations beyond the EPA’s unenforceable guidelines are critical to protecting public health. Despite this, the EPA has failed to establish National Ambient Air Quality Standards (NAAQS) for benzene. States are thus left to regulate air benzene levels on their own; in the case of Texas, the Texas Commission on Environmental Quality (TCEQ) and state legislature have failed to proactively develop legally enforceable policies to reduce major source benzene emissions. This inaction continues to exacerbate a public health problem, which may only be solved through a legal framework that restricts preventable benzene emissions to protect human health and holds industrial companies accountable for violations of such regulations and standards. This analysis explores legal barriers that the City of Houston and other relevant agencies currently face in their attempt to demand and bring about such change. ^

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Background. The Food and Drug Administration (FDA) is an agency of the federal government that is responsible for monitoring and maintaining public health through the regulation of many industries, including food safety. Through the Nutrition Labeling and Education Act of 1990, the FDA was granted authority over the implementation and regulation of nutrition labeling on packaged foods. Many nutrients are printed on nutrition labels as well as their percent Daily Values. Research has been undertaken to examine the evidentiary basis the FDA relied upon in making its determinations regarding which nutrients to include on nutrition labels as well as their Daily Values. ^ Methods. Relevant legal policies, scientific studies, and other published literature (either in print or electronic form) were used to collect data. ^ Results. Results demonstrated that the FDA did not employ one single method in its determination of which nutrients to select for inclusion on food labels. The agency relied upon current public heath studies of that time as well as recommendations from the U.S. Surgeon General.^

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Background: In Argentina, abortion has been decriminalized under certain circumstances since the enactment of the Penal Code in 1922. Nevertheless, access to abortion under this regulatory framework has been extremely limited in spite of some recent changes. This article reports the findings of the first phase of an operations research study conducted in the Province of Santa Fe, Argentina, regarding the implementation of the local legal and safe abortion access policy. Methods: The project combined research and training to generate a virtuous circle of knowledge production, decision-making, and the fostering of an informed healthcare policy. The project used a pre-post design of three phases: baseline, intervention, and evaluation. It was conducted in two public hospitals. An anonymous self-administered questionnaire (n = 157) and semi-structured interviews (n = 27) were applied to gather information about tacit knowledge about the regulatory framework; personal opinions regarding abortion and its decriminalization; opinions on the requirements needed to carry out legal abortions; and service’s responses to women in need of an abortion. Results: Firstly, a fairly high percentage of health care providers lack accurate information on current legal framework. This deficit goes side by side with a restrictive understanding of both health and rape indications. Secondly, while a great majority of health care providers support abortion under the circumstances consider in the Penal Code, most of them are reluctant towards unrestricted access to abortion. Thirdly, health care providers’ willingness to perform abortions is noticeably low given that only half of them are ready to perform an abortion when a woman’s life is at risk. Willingness is even lower for each of the other current legal indications. Conclusions: Findings suggest that there are important challenges for the implementation of a legal abortion policy. Results of the study call for specific strategies targeting health care providers in order to better inform about current legal abortion regulations and to sensitize them about abortion social determinants. The interpretation of the current legal framework needs to be broadened in order to reflect a comprehensive view of the health indication, and stereotypes regarding women’s sexuality and abortion decisions need to be dismantled.

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The purpose of this paper is to characterize the configurations of the families that live in contexts of social exclusion; provide conceptualizations of their operation mode; highlight the formative effects that neighborhood interdisciplinary practices with such families produce in the just graduated psychologists, included on the Extension Program. We wish to contribute to produce systematic knowledge that can account for such family configurations as potential receiver of integration policies. We are also interested on transferring the approach to diversity in the training of young professionals, in order not to be regarded as a deviation from ideal models, but as an expression of different strategies built by members of a community, to resolve children breeding and to bear their existences. This work is the result about reflections on productions inside a research fellowship: The complexities that takes the breeding in families who lives in a social exclusion situation; researches about breeding, carried out from signature Developmental Psychology II, and from de interdisciplinary work with psychologically assisted families in twelve suburbs of the city of La Plata (University Extension Program "Free Legal Offices" (Convention between Law and Social Sciences and Psychology Faculties, U.N.L.P.). From a qualitative methodology and an interdisciplinary participation, the results have arrive at the characterization and proposed conceptualizations of the included families and at the same time determine the benefits that brings with the work that articulates research and extension activities for the training of advanced students and young graduates.

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The purpose of this paper is to characterize the configurations of the families that live in contexts of social exclusion; provide conceptualizations of their operation mode; highlight the formative effects that neighborhood interdisciplinary practices with such families produce in the just graduated psychologists, included on the Extension Program. We wish to contribute to produce systematic knowledge that can account for such family configurations as potential receiver of integration policies. We are also interested on transferring the approach to diversity in the training of young professionals, in order not to be regarded as a deviation from ideal models, but as an expression of different strategies built by members of a community, to resolve children breeding and to bear their existences. This work is the result about reflections on productions inside a research fellowship: The complexities that takes the breeding in families who lives in a social exclusion situation; researches about breeding, carried out from signature Developmental Psychology II, and from de interdisciplinary work with psychologically assisted families in twelve suburbs of the city of La Plata (University Extension Program "Free Legal Offices" (Convention between Law and Social Sciences and Psychology Faculties, U.N.L.P.). From a qualitative methodology and an interdisciplinary participation, the results have arrive at the characterization and proposed conceptualizations of the included families and at the same time determine the benefits that brings with the work that articulates research and extension activities for the training of advanced students and young graduates.

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The purpose of this paper is to characterize the configurations of the families that live in contexts of social exclusion; provide conceptualizations of their operation mode; highlight the formative effects that neighborhood interdisciplinary practices with such families produce in the just graduated psychologists, included on the Extension Program. We wish to contribute to produce systematic knowledge that can account for such family configurations as potential receiver of integration policies. We are also interested on transferring the approach to diversity in the training of young professionals, in order not to be regarded as a deviation from ideal models, but as an expression of different strategies built by members of a community, to resolve children breeding and to bear their existences. This work is the result about reflections on productions inside a research fellowship: The complexities that takes the breeding in families who lives in a social exclusion situation; researches about breeding, carried out from signature Developmental Psychology II, and from de interdisciplinary work with psychologically assisted families in twelve suburbs of the city of La Plata (University Extension Program "Free Legal Offices" (Convention between Law and Social Sciences and Psychology Faculties, U.N.L.P.). From a qualitative methodology and an interdisciplinary participation, the results have arrive at the characterization and proposed conceptualizations of the included families and at the same time determine the benefits that brings with the work that articulates research and extension activities for the training of advanced students and young graduates.

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Inside COBRA 2011 RICS International Research Conference, the present paper is linked to analyze the liability of the construction professional in his practice as a expert witness in the Spanish legal framework. In a large number of legal procedures related to the building it is necessary the intervention of the expert witness to report on the subject of litigation, and to give an opinion about possible causes and solutions. This field is increasingly importantly for the practice of construction professional that requires an important specialization. The expert provides his knowledge to the judge in the matter he is dealing with (construction, planning, assessment, legal, ...), providing arguments or reasons as the base for his case and acting as part of the evidence. Although the importance of expert intervention in the judicial process, the responsibilities arising from their activity is a slightly studied field. Therefore, the study has as purpose to think about the regulation of professional activities raising different aims. The first is to define the action of the construction professional-expert witness and the need for expert evidence, establishing the legal implications of this professional activity. The different types of responsibilities (the civil, criminal and administrative) have been established as well as the economic, penal or disciplinary damages that can be derived from the expert report

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In this genre analysis research paper, we compare U.S. patents, contracts, and regulations on technical matters with a focus upon the relation between vagueness and communicative purposes and subpurposes of these three genres. Our main interest is the investigation of intergeneric conventions across the three genres, based on the software analysis of three corpora (one for each genre, 1 million words per corpus). The result of the investigation is that intergeneric conventions are found at the level of types of expressed linguistic vagueness, but that intergeneric conventions at the level of actual formulations are rare. The conclusion is that at this latter level the influence from the situation type underlying the individual genre is more important than the overarching legal character of the genres, when we talk about introducing explicit vagueness in the text.

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Cuando se inició el trabajo para obtener el título de doctora, el proyecto era acerca de la financiación público privada de los clubes deportivos madrileños. El punto uno de ese primer índice, versaba sobre el origen del club deportivo en la Comunidad de Madrid (en este sentido, es preciso tener en cuenta que el territorio sufrió modificaciones, lo que antes eran pueblos hoy son distritos y lo que antes era provincia hoy es Comunidad Autónoma de Madrid, nuestro ámbito territorial de estudio). Al leer la doctrina autorizada que coincidía en su totalidad en que los primeros clubes deportivos fueron de origen inglés (el Recreativo de Huelva en el año1889 era considerado el primer club de España) y recordar dudas e inquietudes al respecto que surgieron durante la licenciatura, la investigación se tornó incómoda, por no decir temeraria. ¿Por qué había que limitarse a recoger las ideas de una doctrina, sin duda hoy y entonces prestigiosa, cuando se pensaba que aquella teoría del origen británico no podía ser, aunque fuera dentro de un marco teórico? No parecía tener sentido que no hubiera habido asociacionismo en España antes de la llegada de las compañías inglesas, pero sobre todo en Madrid, siempre bulliciosa en cuanto a participación ciudadana, por varios motivos: existían juegos y deportes populares autóctonos antes de que llegara el fútbol. ¿No se asociaban los madrileños para poder competir con otros?, ¿Se equivocó Goya al pintar estampas de juegos populares?, ¿Por qué existía entonces una Ley de Asociaciones de 1887, evidentemente anterior al Recreativo de Huelva (1889)? Las leyes se elaboran en respuesta a una necesidad social o a una costumbre anterior, o a las dos cosas. ¿Nadie pensó en la costumbre, siendo fuente del Derecho junto con la Ley y los principios generales?, ¿Nadie, estando tan cerca?, ¿Nadie, figurando en el artículo 1 del Código Civil? De esta forma, la justificación y objetivos cambiaron, la investigación se volvió otra, se tenía necesidad de probar la lógica o nada. Sólo hacían falta las pruebas documentales que aportaran luz y fueran tangibles para la argumentación jurídica. Así, entre las reglas del juego de la norma jurídica, la jurisprudencia y la doctrina, se desenvuelve el marco teórico de este trabajo. Es necesario para ello conocer cómo funciona la legislación que afecta a los clubes deportivos en la actualidad para entender las similitudes con los clubes pioneros. Es preciso comprender que una Ley nunca se encuentra aislada de otras, que todas están relacionadas, que los cruces son inevitablemente ilimitados y los resultados inmensos. Se ha realizado un análisis de una realidad compleja que trasciende de lo jurídico y lo deportivo. Respecto al material y método, no se encontraban referencias de estudios comparados, desde el punto de vista jurídico, de los Estatutos de los primeros clubes deportivos madrileños, ni nombrarlos hasta que a principios del año 2013 digitalizamos en la Biblioteca Nacional el Reglamento del Instituto de Gimnástica, Equitación y Esgrima (Villalobos, 1842); la prueba documental que se buscaba para apoyar la teoría ya era tangible. Luego se encontrarían otros para añadir a la muestra y también documentación probatoria complementaria. Tampoco había trabajos sobre la documentación emanada de la Administración Pública, por lo que se han estudiado Expedientes administrativos así como su comparativa con la legislación coetánea y la actual, lo que ha permitido concretar más la forma y tipología de las primeras formas jurídicas deportivas. Para la búsqueda de documentación se ha recurrido a bibliotecas, archivos e incluso depósitos que tenían legajos sin clasificar, habían sufrido las inundaciones y carcoma que azotaron a los sótanos de Madrid e incluso a alguno el fuego le miró de reojo. La documentación encontrada ha permitido convivir con los personajes que habitaron los clubes pioneros en los primeros domicilios sociales; historias reales con banda sonora propia. Y es que el nacimiento del asociacionismo deportivo madrileño no se podría haber gestado en mejor momento; durante el Romanticismo, ni en mejor lugar, en las encrucijadas de las callejuelas estrechas cercanas a las grandes arterias de la Capital; un paseo por las calles Libertad, Barbieri, Minas, Hortaleza y Montera. Los resultados de la investigación confirman la teoría de que el primer club deportivo madrileño nada tuvo que ver con los clubes que posteriormente vinieron en los equipajes de las compañías inglesas. Ni en tiempo, son anteriores; ni en lugar, Madrid; ni en forma, la comparativa con un club británico de la época denota diferencias o mejor, deficiencias, pero más que nada en el fondo. Los clubes madrileños tenían una naturaleza que reflejaba el sentir de los primeros socios y el espíritu de la Capital: beneficencia, espectáculo, participación ciudadana y trabajo en equipo. También se demuestra, tanto en los resultados como en la discusión, las particularidades de los primeros clubes madrileños en cuanto a su relación con la imprenta, la docencia, la prensa, las instalaciones deportivas siempre compartidas con la cultura como la terminología y las equipaciones, pero sobre todo la especial relación con el inherente derecho de reunión. Difícil pensar en un principio que la prueba de la costumbre se encontrara en la cartelería teatral, y que un programa de una competición deportiva escondiera unos Estatutos durante siglos. ABSTRACT When work for a doctorate degree began, the project was about public-private financing of sports clubs Madrid. At point one of the first index, concerned the origin of the sports club in Madrid ( Keep in mind that the territory was modified, which were towns before today are districts and what was once the province is now Community Autonomous of Madrid, our territorial area of study). When reading the authoritative doctrine which coincided entirely in the first sports clubs were of English origin (Huelva Recreation Club, 1889) and remember about questions and concerns raised during the undergraduate research became awkward, if not reckless. Why it had to be limited to collecting the ideas of a doctrine certainly prestigious now and then, when it was thought that this theory could not be British origin, albeit within a framework? It did not seem to make sense that there had been associations in Spain before the arrival of British companies, but especially in Madrid, always busy in terms of citizen participation, for several reasons; and indigenous games were popular sports before the football do the locals are not associated to compete with other?, Goya was wrong to paint pictures of popular games?, Why then was no Associations Act, 1887, clearly previous Huelva Recreation Club (1889)? The laws are developed in response to a social need or a past practice, or both. No one thought of being a source of law practice with the law and the general principles? No, being so close? No one appearing in Article 1 of the Civil? Thus the rationale and objectives of the research turned back, it was necessary to try logic or anything. Only documentary evidence was needed that provide light and were tangible to the legal arguments. Thus, among the rules of the legal rule, jurisprudence and doctrine, the theoretical framework of this work develops, we need to know how legislation affects sports clubs at present to understand the similarities with clubs works pioneers, we must understand that a law is never isolated from others, they are all related, intersections are inevitably unlimited and the immense results. It has made an analysis of a complex reality that transcends the legal and sports. Regarding the material and method, no references to studies were compared, from the legal point of view, of the Statute of the first Madrid sports clubs, or name them until early 2013 digitized at the National Library of the Institute of Regulation Gymnastics, Riding and Fencing (Villalobos, 1842); the documentary evidence that was sought to support the theory was already tangible. Then they find others to add to the sample and further supporting documentation. There was also no work on the documentation issued by the Public Administration, which have been studied administrative records and their comparison with the contemporary legislation and the current, allowing more concrete form and type of the first sports legal forms. Search for documentation we have turned to libraries, archives and even deposits that were not rated bundles, had suffered flooding and decay in the basement of Madrid and even fire some looked askance. The found documents have enabled us to live with the characters that inhabited the early clubs in the first addresses; real stories with its own soundtrack. And the birth of the Madrid sports associations could not have been gestated at a better time ; during the Romantic period , or in a better place ; at the crossroads of the nearby narrow streets of the great arteries of the Capital; a walk along the Libertad, Barbieri, Minas, Hortaleza and Montera. The research results confirm the theory that the first Madrid sports club had nothing to do with the clubs that later came in the luggage of British companies, nor in time; They predate, or rather; Madrid, or in the form; the comparison with a British club denotes the time differences or rather shortcomings, but more than anything in the background; the Madrid club had a nature that reflect the sentiments of the first members and the spirit of the Capital; charity, show, citizen participation and teamwork. It is also shown in the results and discussion the particularities of the first locals clubs in their relationship with the press, teaching, media, sports facilities always shared with the culture and terminology and the kits, but all the special relationship with the inherent right of assembly; hard to think at first that the test of habit were in the theater posters, and a program of a sports competition hide Statutes for centuries.

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Online education is a new teaching and learning medium with few current guidelines for faculty, administrators or students. Its rapid growth over the last decade has challenged academic institutions to keep up with the demand, while also providing a quality education. Our understanding of the factors that determine quality and effective online learning experiences that lead to student learning outcomes is still evolving. There is a lack of consensus on the effectiveness of online versus face-to-face education in the current research. The U.S. Department of Education conducted a meta-analysis in 2009 and concluded that student-learning outcomes in online courses were equal to and, often times, better than face-to-face traditional courses. Subsequent research has found contradictory findings, and further inquiry is necessary. The purpose of this embedded mixed methods design research study is to further our understanding of the factors that create quality and successful educational outcomes in an online course. To achieve this, the first phase of this study measured and compared learning outcomes in an online and in class graduate-level legal administration course. The second phase of the study entailed interviews with those students in both the online and face-to-face sections to understand their perspectives on the factors contributing to learning outcomes. Six themes emerged from the qualitative findings: convenience, higher order thinking, discussions, professor engagement, professor and student interaction, and face-to-face interaction. Findings from this study indicate the factors students perceive as contributing to learning outcomes in an online course are consistent among all students and are supported in the existing literature. Higher order thinking, however, emerged as a stronger theme than indicated in the current research, and the face-to-face nature of the traditional classroom may be more an issue of familiarity than a factor contributing to learning outcomes. As education continues to reach new heights and developments in technology advance, the factors found to contribute to student learning outcomes will be refined and enhanced. These developments will continue to transform the ways in which we deliver and receive knowledge in both traditional and online classrooms. While there is a growing body of research on online education, the field’s evolution has unsettled earlier findings and posed new areas to investigate.