992 resultados para substanctial ilegality, discipline law


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Faced with the violence, criminality and insecurity now threatening peace and democratic governance in Central America, the region’s governments have decided to use the Armed Forces to carry out actions in response to criminal actions, looking to improve their performance. Although public demand for including the Armed Forces in these functions takes place within a legally legitimate framework, it is motivated by tangible circumstances such as increased levels of violence, delinquency and crime. Despite being coupled with the perception of institutional weakness within the security and judicial system (particularly police) and the recognition of prestige, efficiency, discipline and severity in fulfilling the Armed Forces’ missions, these arguments are insufficient to legitimize the use of the military as a police force. Within this context, this paper reflects on the implications or consequences of the use of the Armed Forces in duties traditionally assigned to the police in the Central American region with the goal of contributing to the debate on this topic taking place in the Americas. To achieve this end, first we will focus on understanding the actual context in which a decision is made to involve the Armed Forces in security duties in the region. Second, we will examine the effects and implications of this decision on the Armed Forces’ relations within their respective societies. Third and finally, considering this is already a reality in the region, this paper will provide recommendations. The main findings of this research, resulting from the application of an analyticaldescriptive and historically based study, are organized in three dimensions: the political dimension, by implication referring to the relationship between the ultimate political authority and the Armed Forces; the social dimension, by implication the opinion of citizens; and other implications not only affecting the structural and cultural organization of armies and police but also the complementary operational framework within a context of comprehensive response by the State. As a main conclusion, it poses there is an environment conducive to the use of the Armed Forces in citizen’s security, in view of the impact of threats provoked by criminal structures of a military nature currently operating in Central America. However, this participation creates an inevitable social and political impact if implemented in isolation or given a political leading role and/or operational autonomy. This participation poses risks to the institutions of the Armed Forces and the police as well. Finally, this paper identifies an urgent need for the Armed Forces’ role to be more clearly defined with regard to security matters, limiting it to threats that impact States’ governability and existence. Nonetheless, Central American States should seek a COMPREHENSIVE response to current crime and violence, using all necessary institutions to confront these challenges, but with defined roles and responsibilities for each and dynamic coordination to complement their actions.

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In the article - Discipline and Due Process in the Workplace – by Edwin B. Dean, Assistant Professor, the School of Hospitality Management at Florida International University, Assistant Professor Dean prefaces his article with the statement: “Disciplining employees is often necessary for the maintenance of an effective operation. The author discusses situations which require discipline and methods of handling employees, including the need for rules and due process.” In defining what constitutes appropriate discipline and what doesn’t, Dean says, “Fair play is the keystone to discipline in the workplace. Discrimination, caprice, favoritism, and erratic and inconsistent discipline can be costly and harmful to employee relations, and often are a violation of law.” Violation of law is a key phrase in this statement. The author offers a short primer on tact in regard to disciplining an employee. “Discipline must be tailored to the individual,” Dean offers a pearl of wisdom. “A frown for one can cause a tearful outbreak; another employee may need the proverbial two-by-four in order to get his attention.” This is a perceptive comment, indeed, and one in which most would concede but not all would follow. Dean presents a simple outline for steps in the disciplinary process by submitting this suggestion for your approval: “The steps in the disciplinary process begin perhaps with a friendly warning or word of advice. The key here is friendly,” Dean declares. “It could progress to an oral or written reprimand, followed by a disciplinary layoff, terminating in that equivalent of capital punishment, discharge.” Ouch [!]; in order from lenient to strident. Dean suggests these steps are necessary in order to maintain decorum in the workplace. Assistant Professor Dean references the Weingarter Rule. It is a rule that although significant, most employees, at least non-union employees, don’t know is in their quiver. “If an interview is likely to result in discipline, the employee is entitled to have a representative present, whether a union is involved or not,” the rule states. “The employer is not obligated to inform the employee of the rule, but he is obligated to honor the employee's request, if made,” Dean explains. Dean makes an interesting point by revealing that a termination often reflects as much on the institution as it does the employee suffering the termination. The author goes on to list several infractions that could warrant an employee disciplinary action, with possible approaches toward each. Dean also cautions against capricious disciplinary action; if not handled properly a discipline could and can result in a lawsuit against the institution itself.

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The Commission on Lawyer Conduct at the South Carolina Justice Department investigates complaints of lawyer misconduct and incapacity made against lawyers who are licensed to practice law in South Carolina. It annually publishes a report of activities. Included in the reports are status of complaints, disposition of concluded complaints and commission activities.

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The Commission on Lawyer Conduct at the South Carolina Justice Department investigates complaints of lawyer misconduct and incapacity made against lawyers who are licensed to practice law in South Carolina. It annually publishes a report of activities. Included in the reports are status of complaints, disposition of concluded complaints and commission activities.

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The Commission on Lawyer Conduct at the South Carolina Justice Department investigates complaints of lawyer misconduct and incapacity made against lawyers who are licensed to practice law in South Carolina. It annually publishes a report of activities. Included in the reports are status of complaints, disposition of concluded complaints and commission activities.

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The Commission on Lawyer Conduct at the South Carolina Justice Department investigates complaints of lawyer misconduct and incapacity made against lawyers who are licensed to practice law in South Carolina. It annually publishes a report of activities. Included in the reports are status of complaints, disposition of concluded complaints and commission activities.

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The Commission on Lawyer Conduct at the South Carolina Justice Department investigates complaints of lawyer misconduct and incapacity made against lawyers who are licensed to practice law in South Carolina. It annually publishes a report of activities. Included in the reports are status of complaints, disposition of concluded complaints and commission activities.

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The Commission on Lawyer Conduct at the South Carolina Justice Department investigates complaints of lawyer misconduct and incapacity made against lawyers who are licensed to practice law in South Carolina. It annually publishes a report of activities. Included in the reports are status of complaints, disposition of concluded complaints and commission activities.

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In some Queensland universities, Information Systems academics have moved out of Business Faculties. This study uses a pilot SWOT analysis to examine the ramifications of Information Systems academics being located within or outside of the Business Faculty. The analysis provides a useful basis for decision makers in the School studied, to exploit opportunities and minimise external threats. For Information Systems academics contemplating administrative relocation of their group, the study also offers useful insights. The study presages a series of further SWOT analyses to provide a range of perspectives on the relative merits of having Information Systems academics administratively located inside versus outside Business faculties.

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The Queensland University of Technology (QUT) University Academic Board approved a new QUT Assessment Policy in September 2003, which requires a criterion-referenced approach as opposed to a norm-referenced approach to assessment across the university(QUT,MOPP,2003). In 2004, the QUT Law School embarked upon a process of awareness raising about criterion-referenced assessment amongst staff and from 2004 – 2005 staggered the implementation of criterion-referenced assessment in all first year core undergraduate law units. This paper will briefly discuss the benefits and potential pitfalls of criterion referenced assessment and the context for implementing it in the first year law program, report on student’s feedback on the introduction of criterion referenced assessment and the strategies adopted in 2005 to engage students more fully in criterion referenced assessment processes to enhance their learning outcomes.

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Marketing communications as a discipline has changed significantly in both theory and practice over the past decade. But has our teaching of IMC kept pace with the discipline changes? The purpose of this paper is to explore how far the evolving concepts of IMC are reaching university learners. By doing this, the paper offers an approach to assessing how well marketing curricula are fulfilling their purpose. The course outlines (syllabi) for all IMC courses in 30 universities in Australia and five universities in New Zealand were analyzed. The findings suggest that most of what is taught in the units is not IMC. It is not directed by the key constructs of IMC, nor by the research informing the discipline. Rather, it appears to have evolved little from traditional promotion management units and is close in content and structure to many introductory advertising courses. This paper suggests several possible explanations for this, including: (1) a tacit rejection of IMC as a valid concept; (2) a lack of information about what IMC is and what it is not; and (3) a scarcity of teaching and learning materials that are clearly focused on key constructs and research issues of IMC.

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