824 resultados para Fair Work (Transitional Provisions and Consequential Amendments) Act 2009


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For over a decade, the U.S. military has been engaged in two distinct, yet equally deadly conflicts: Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). There are many physical and psychological effects of war necessitating the activation and interventions of a myriad of behavioral health professionals. The purpose of the paper was to understand how and if contemporary military culture may work to support or hinder application of an Acceptance and Commitment Therapy (ACT) approach to issues of psychological health among Soldiers. While the empirical research on efficacy with Soldiers is limited, a review of military culture revealed the promotion of rigid rule following, although effective in combat, influences the emotional control agenda and stigma while in garrison. However, empirical research demonstrating the clinical benefits and flexibility of ACT is rapidly emerging with civilian and Veteran populations. Suggested as a prevention technique utilized early in Soldier's training to increase psychological flexibility, ACT appears to demonstrate much promise in ameliorating the psychological consequences of war.

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The Association of Research Libraries' 2012 publication, Code of Best Practices in Fair Use for Academic and Research Libraries, focuses heavily on the concept of transformative use within the fair use analysis. In some cases, the Association of Research Libraries advocates for using the entire work in an electronic format for course reserves. However, current approaches to electronic course reserves and fair use/transformative use arguments are not conducive to utilizing the Association of Research Libraries' recommendations. This article attempts to reframe the conversation by examining fair use in a broad context and the role of the class in the fair use analysis.

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The film and television industry is integral to the economics and culture of the Southern California region. It is also a major contributing factor to the environmental problems in the region. Currently the Motion Picture, Television, and Commercial Industries Act of 1984 is the only regulation written specifically for the entertainment industry. This regulation was created with the purpose of streamlining the film permitting process to prevent run-away production, taking production out of state, and encourage growth. A change in this regulation is needed since studios routinely fail to meet environmental standards or work towards improvement during on-location filming. Amendments to this regulation requiring permits to contain environmental conditions would improve environmental conditions and stay true to the original purpose of the act.

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At first glance the Aliens Restriction Act of 1914, which was introduced and passed on the first day of World War One, seems a hasty and ill-prepared piece of legislation. Actually, when examined in the light of Arthur Marwick's thesis that war is a forcing house for pre-existent social and governmental ideas, it becomes clear that the act was not after all the product of hastily formed notions. In point of fact it followed the precedent of detailed draft clauses produced in 1911 by a sub-committee of the Committee of Imperial Defence established to consider the treatment of aliens in the event of war. Indeed the draft clauses and the restrictions embodied in the 1914 act were strikingly similar to restrictions on aliens legislated in 1793. Hostility to aliens had been growing from 1905 to 1914 and this hostility blossomed into xeno-phobia on the outbreak of war, a crucial precondition for the specifically anti-enemy fears of the time. In 1919 the Aliens Restriction (Amendment) Bill was introduced into parliament to extend temporarily the provisions of the 1914 act thus permitting the Home Secretary to plan permanent, detailed legislation. Two minority groups of MPs with extreme views on the treatment of aliens were prominent in the debates on this bill. The extreme Liberal group which advocated leniency in the treatment of aliens had little effect on the final form of the bill, but the extreme Conservative group, which demanded severe restrictions on aliens, succeeded in persuading the government to include detailed restrictions. Despite its allegedly temporary nature, the Aliens Restriction (Amendment) Act of 1919 was renewed annually until 1971.

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Structuralism is a theory of U.S. constitutional adjudication according to which courts should seek to improve the decision-making process of the political branches of government so as to render it more democratic.1 In words of John Hart Ely, courts should exercise their judicial-review powers as a ‘representation-reinforcing’ mechanism.2 Structuralism advocates that courts must eliminate the elements of the political decision-making process that are at odds with the structure set out by the authors of the U.S. Constitution. The advantage of this approach, U.S. scholars posit, lies in the fact that it does not require courts to second-guess the policy decisions adopted by the political branches of government. Instead, they limit themselves to enforcing the constitutional structure within which those decisions must be adopted. Of course, this theory of constitutional adjudication, like all theories, has its shortcomings. For example, detractors of structuralism argue that it is difficult, if not impossible, to draw the dividing line between ‘substantive’ and ‘structural’ matters.3 In particular, they claim that, when identifying the ‘structure’ set out by the authors of the U.S. Constitution, courts necessarily base their determinations not on purely structural principles, but on a set of substantive values, evaluating concepts such as democracy, liberty and equality. 4 Without claiming that structuralism should be embraced by the ECJ as the leading theory of judicial review, the purpose of my contribution is to explore how recent case-law reveals that the ECJ has also striven to develop guiding principles which aim to improve the way in which the political institutions of the EU adopt their decisions. In those cases, the ECJ decided not to second-guess the appropriateness of the policy choices made by the EU legislator. Instead, it preferred to examine whether, in reaching an outcome, the EU political institutions had followed the procedural steps mandated by the authors of the Treaties. Stated simply, I argue that judicial deference in relation to ‘substantive outcomes’ has been counterbalanced by a strict ‘process review’. To that effect, I would like to discuss three recent rulings of the ECJ, delivered after the entry into force of the Treaty of Lisbon, where an EU policy measure was challenged indirectly, i.e. via the preliminary reference procedure, namely Vodafone, Volker und Markus Schecke and Test-Achats.5 Whilst in the former case the ECJ ruled that the questions raised by the referring court disclosed no factor of such a kind as to affect the validity of the challenged act, in the latter cases the challenged provisions of an EU act were declared invalid.

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We compare the Hartz reforms in Germany with three other major labor market activation reforms carried out by center-left governments. Britain and Germany developed radically neoliberal “mandatory” activation policies, whereas in the Netherlands and Ireland radical activation change took a very different “enabling” form. The Irish and German cases were path deviant, the British and Dutch path dependent. We explain why Germany underwent “mandatory” and path deviant activation by focusing on two features of the policy discourse. First, the elite level discourse was “ensilaged” sealing policy formation off from dissenting actors. This is what the British and German cases had in common and the result was reform that identified long term unemployment as social delinquency rather than market failure. Second, although the German policy-making system lacked the “authoritative” features that facilitated reform in the British case, and the Irish policy-making system lacked the “reflexive” mechanisms that facilitated reform in the Dutch case, in both Germany and Ireland the wider legitimating discourses were reshaped by novel institutional vehicles (the Hartz Commission and FÁS) that served to fundamentally alter system-constitutive perceptions about policy. The findings suggest that major reform of welfare-to-work policy may be much more malleable than previously thought.

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"S. 1958, to authorize functions and activities under the Federal Property and Administrative Services Act of 1949, to amend laws relating to federal procurement, and for other purposes and S. 2619, to amend the Federal Property and Amdinistrative Services Act of 1949 to enact provisions governing the negotiation and award of contracts under the multiple award schedule program of the Feneral Services Administration"

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According to Section 305(b) of the Clean Water Act (i.e. a generic name that refers to the Federal Water Pollution Control Act of 1972, the Clean Water Act of 1977, and subsequent amendments) and guidance provided by the United States Environmental Protection Agency (USEPA), each state must prepare and submit annually to the U.S. Congress and the USEPA report that describes the resource quality of the surface waters of the state. Every other year, this report, commonly referred to as the "305(b) report," must be provided in written form, whereas in alternate years each state may submit an electronic database to meet the reporting requirement. In the 305(b) report, states must also explain how they determined the resource quality of the waters of the state in terms of the degree to which predefined beneficial uses of those waters are supported. Also, in the 305(b) report when any designated use for any water body is not fully supported, the state must report potential reasons for the impairment. Herein, is explained how the Illinois Environmental Protection Agency determines the resource quality of Illinois streams, inland lakes, and Lake Michigan.

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This handbook is designed to serve as a general guide to the rights and obligations of employees who have experienced work-related injuries on diseases, as well as the rights and obligations of their employers, under the Illinois Workers' Compensation and Occupational Diseases Act.

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This handbook is designed to serve as a general guide to the rights and obligations of employees who have experienced work-related injuries or diseases, as well as the rights and obligations of their employers, under the Illinois Workers' Compensation and Occupational Diseases Act.

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Funded by the U.S. Dept. of Interior, Office of Surface Mining Reclamation and Enforcement.