Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System

This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation to their recursive and simultaneous development with historic, social and political events. Such events describe ‘law in action’ and more holistically demonstrate principles like independence, rule of law and access to justice. My dynamic realist analysis of independence in the justice system employs a range methodological tools and approaches from the social sciences, including: historical and historiographical study; public administrative; policy and institutional analysis; an empirical component; as well as constitutional, statutory interpretation and jurisprudential analysis. In my view, principles like independence represent aspirational ideals in law which can be better understood by examining how they manifest in legal culture and in the legal system. This examination focuses on the principle and practice of independence for both lawyers and judges in the justice system, but highlights the independence of the Bar. It considers the inter-relation between lawyer independence and the ongoing refinement of judicial independence in Canadian law. It also considers both independence of the Bar and the Judiciary in the context of the administration of justice, and practically illustrates the interaction between these principles through a case study of a specific aspect of the court system. This work also focuses on recent developments in the principle of Bar independence and its relation to an emerging school of professionalism scholarship in Canada. The work concludes by describing the principle of independence as both conditional and dynamic, but rooted in a unitary concept for both lawyers and judges. In short, independence can be defined as impartiality, neutrality and autonomy of legal decision-makers in the justice system to apply, protect and improve the law for what has become its primary normative purpose: facilitating access to justice. While both independence of the Bar and the Judiciary are required to support access to independent courts, some recent developments suggest the practical interactions between independence and access need to be the subject of further research, to better account for both the principles and the practicalities of the Canadian justice system.

Climate change adaptation planning under uncertainty in Ho Chi Minh City, Vietnam: a case study on institutional vulnerability, adaptive capacity and climate change governance

Climate change is expected to have wide-ranging impacts on urban areas and creates additional challenges for sustainable development. Urban areas are inextricably linked with climate change, as they are major contributors to it, while also being particularly vulnerable to its impacts. Climate change presents a new challenge to urban areas, not only because of the expected rises in temperature and sea-level, but also the current context of failure to fully address the institutional barriers preventing action to prepare for climate change, or feedbacks between urban systems and agents. Despite the importance of climate change, there are few cities in developing countries that are attempting to address these issues systematically as part of their governance and planning processes. While there is a growing literature on the risks and vulnerabilities related to climate change, as yet there is limited research on the development of institutional responses, the dissemination of relevant knowledge and evaluation of tools for practical planning responses by decision makers at the city level. This thesis questions the dominant assumptions about the capacity of institutions and potential of adaptive planning. It argues that achieving a balance between climate change impacts and local government decision-making capacity is a vital for successful adaptation to the impacts of climate change. Urban spatial planning and wider environmental planning not only play a major role in reducing/mitigating risks but also have a key role in adapting to uncertainty in over future risk. The research focuses on a single province - the biggest city in Vietnam - Ho Chi Minh City - as the principal case study to explore this argument, by examining the linkages between urban planning systems, the structures of governance, and climate change adaptation planning. In conclusion it proposes a specific framework to offer insights into some of the more practical considerations, and the approach emphasises the importance of vertical and horizontal coordination in governance and urban planning.

Enhancing Knowledge Acquisition in Pharmaceutical Organisations based in Pakistan

Absorptive Capacity (ACAP) depicts the sequential order of activities connecting externally generated knowledge into an organisation; this involves a company’s ability to acquire new knowledge from an external source, assimilate and transform it, and eventually exploit it via its industrial processes and products/services. The sandwiched role of middle managers, being interlinked between decision makers and employees, has been argued as vital to organisational success. However, their role is often viewed as having conflicts astride management i.e. between employees and decision makers. This study, using a thematic analysis approach, explores and identifies the common and conflicting role of middle managers, as viewed by different respondents in organisational hierarchies. Results, based on a sample of 33 employees operating in the Pakistan Pharmaceutical sector, indicate that conflicting roles of middle managers also persist with more common roles in organisations.

Reputation performance: a portfolio selection approach

This paper introduces a normative view on corporate reputation strategic management. Reputation performance is conceptualised as the outcome of complex processes and social interactions and the lack of a holistic reputation performance management framework is identified. In an attempt to fill this gap, a portfolio-based approach is put forward. Drawing on the foundations of modern portfolio theory we create a portfolio-based reputation management algorithmic model where reputation components and priorities are weighted by decision makers and shape organisational change in an attempt to formulate a corporate reputation strategy. The rationale of this paper is based on the foundational consideration of organisations as choosing he optimal strategy by seeking to maximise their reputation performance while maintaining organisational stability and minimising organisational risk.

Reputation Performance: a portfolio selection approach

This paper introduces a normative view on corporate reputation management; an algorithmic model for reputation-driven strategic decision making is proposed and corporate reputation is conceptualized as influenced by a selection among organizational priorities. A portfolio-based approach is put forward; we draw on the foundations of portfolio theory and we create a portfolio-based reputation management model where reputation components and priorities are weighted by decision makers and shape organizational change in an attempt to formulate a corporate reputation strategy. The rationale of this paper is based on the foundational consideration of organizations as choosing the optimal strategy by seeking to maximize performance on corporate reputation capital while maintaining organizational stability and minimizing organizational risk.

Propuesta sostenible para mitigar los efectos climáticos adversos en una ciudad costera de Argentina

Los indicadores de sostenibilidad climática constituyen herramientas fundamentales para complementar las políticas de ordenamiento del territorio urbano y pueden beneficiar la calidad de vida sus habitantes. En el presente trabajo se diseñó un indicador climático urbano para la ciudad de Bahía Blanca considerando variables meteorológicas y análisis de la percepción social. El mismo permitió delimitar la ciudad en cuatro regiones bien diferenciadas entre sí. A partir de entonces, se realizó una propuesta sostenible para mitigar los efectos adversos del clima a partir de la aplicación del método DPSIR. Las mismas estuvieron destinadas a mejorar las condiciones de vida de la población. Los resultados permitieron considerar que una pronta implementación de la misma junto con una activa participación de los actores sociales y los tomadores de decisiones es necesaria para mejorar las condiciones actuales en la que se encuentra la ciudad. Con las medidas propuestas, la población local sabrá cómo actuar ante la ocurrencia de distintos eventos extremos, eventos de desconfort climático, etc. Al ser un método sencillo, la metodología aplicada en este estudio puede replicarse en otras ciudades del mundo con el objetivo de mejorar la calidad de vida de los habitantes.

Avvägning mellan arbetsmiljö och effektivitet med hjälp av multikriterieanalys : Hur komplettering av kundtjänst påverkar kundnöjdhet och effektivitet

A public organization has a section for customer service which is responsible of order entry from customers concerning errands within real estate and business equipment, cleaning, transport operations and handicap appliance. According to the co-ordinators in hospitals within the organisation the customers are requesting for staff to talk to physically, meaning a person to speak with face to face. The customers experiencing that it’s sometimes difficult to call customer service or use the web form, which is the only communication paths in the current situation. Proposed changes presented claim that a complement to customer service with local service centers in every hospital. The purpose of this study is to evaluate a change proposition by weigh between efficiency and working environment, this by using multi-criteria analysis. To achieve the goal a decision model is designed in the decision tool DecideIT. The aim of the study is to recommend decision makers to choose one of the options based on as rational grounds as possible. The result of the study showed that the preferred alternative is not to supplement customer service with local service centers. For the most part, the result depending on the survey (represented result from working environment criteria) which showed that the majority of customers do not request a person to speak with face to face at all.

Comparing sensor-based and camera-based approaches to recognizing the occupancy status of the load handling device of forklift trucks

Real-time data of key performance enablers in logistics warehouses are of growing importance as they permit decision-makers to instantaneously react to alerts, deviations and damages. Several technologies appear as adequate data sources to collect the information required in order to achieve the goal. In the present re-search paper, the load status of the fork of a forklift is to be recognized with the help of a sensor-based and a camera-based solution approach. The comparison of initial experimentation results yields a statement about which direction to pursue for promising further research.

Using AHP and the IPMA Competence Baseline in the project managers selection process

This paper proposes the joint use of the AHP (Analytic Hierarchy Process) and the ICB (IPMA Competence Baseline), as a tool for the decision-making process of selecting the most suitable managers for projects. A hierarchical structure, comprising the IPMA’s ICB 3.0 contextual, behavioural and technical competence elements, is constructed for the selection of project managers. It also describes the AHP implementation, illustrating the whole process with an example using all the 46 ICB competence elements as model criteria. This tool can be of high interest to decision-makers because it allows comparing the candidates for managing a project using a systematic and rigorous process with a rich set of proven criteria.

Caracterização e Factores que Influenciam o Desempenho dos Bombeiros Profissionais: estudo exploratório

É indubitável que a decisão está presente no dia-a-dia de todos nós, independentemente do tipo de actividade em que estamos envolvidos. Na vida organizacional, enfrentamos muitas situações que exigem uma resposta momentânea, aqui denominadas de imediatas, as quais não permitem uma recolha de informação adequada, tempo para reflexão, discussão e troca de ideias, entre outras restrições. Além das limitações já citadas por outros autores, como a própria capacidade cognitiva do indivíduo, faculdade de processamento, há outros elementos que influenciam o processo de tomada de decisão, especialmente em ambientes sob pressão e em constante mutação, como é o dos bombeiros. O presente trabalho procura conhecer quais os factores que influenciam a tomada de decisão de bombeiros profissionais com funções de chefia, em ocorrências de incêndios urbanos e acidentes de viação. Neste contexto, foram abordados alguns enquadramentos para a tomada de decisão, como o Modelo da Tomada de Decisão da Primeira Opção Identificada (TDPOI) de Gary Klein, entre outros. No sentido de aprofundar a nossa investigação, foram realizados dois estudos exploratórios através de entrevistas presenciais. A amostra é constituída por 14 profissionais do sector, entre eles bombeiros com funções de chefia, comandantes e delegados sindicais. Os resultados obtidos mostraram que a experiência e a formação são os factores que se evidenciam, e influenciam a decisão dos bombeiros. Constatamos que nos Bombeiros Portugueses a experiência é uma característica dos decisores, pois são eles que farão as opções de alto risco. Por outro lado, apesar de a formação visar a aquisição de competências profissionais, nomeadamente na área da decisão, esta carece de actualização, porque não satisfaz as necessidades dos bombeiros. Apresentam-se também as principais limitações do estudo e sugestões para investigações futuras. / Undoubtedly, the decision is present in day-to-day for us all, regardless of the type of activity we are involved. In organizational life, we face many situations that require a momentary response, here called the immediate, which do not allow collection of adequate information, time for reflection, discussion and exchange of ideas, among other restrictions. Besides the limitations already mentioned by other authors, as the individual's cognitive capacity, processing power, there are other factors that influence the decision-making process, especially in environments under pressure and constantly changing, as is the Fire. This paper seeks to know which factors influence the decision making of professional firefighters with leadership roles in urban fire occurrences and accidents. In this context, we discuss some frameworks for decision making, as the Recognition-Primed Decision (RPD) Model by Gary Klein, among others. In order to further our investigation, two exploratory studies were conducted through personal interviews. The sample consists of 14 professionals, including firefighters with executive functions, commanders and union representatives. The results showed that the experience and training are factors that are evident, and influence the decision of the firefighters. We note that the Portuguese Firemen experience is a characteristic of decision-makers because they are options that will make high-risk. On the other hand, although the training to aim at the acquisition of professional skills, particularly in the area of decision, it needs updating, because it meets the needs of firefighters. We present also the main limitations of the study and suggestions for future investigations.

Overcoming Challenges to Service Innovation Process Implementation in an SME

This case study research reports on a small and medium-sized (SME) business-to-business (B2B) services firm implementing a novel new service development (NSD) process. It provides accounts of what occurred in practice in terms of the challenges to NSD process implementation and how the firm overcame these challenges. It also considers the implications for NSD in this and other firms’ innovation practices. This longitudinal case study (18 months) was conducted “inside” the case organization. It covered the entire innovation process from the initiation to the launch of a new service. The primary method may be viewed as participant observation. The research involved all those participating in the innovation system in the firm, including decision-makers, middle managers and employees at lower hierarchical levels and the firm’s external networks. Implications for researchers and managers focusing on structured innovation models for the services sector are also presented.

National Level Stakeholders’ Perceptions of Facilitators and Barriers in Utilization of World Health Organizations’ Preventing Early Pregnancy Guidelines in National Level Health Policy Creation

Thesis (Master's)--University of Washington, 2016-07

Understanding stakeholder preferences for flood adaptation alternatives with natural capital implications

Inland flood risks are defined by a range of environmental and social factors, including land use and floodplain management. Shifting patterns of storm intensity and precipitation, attributed to climate change, are exacerbating flood risk in regions across North America. Strategies for adapting to growing flood risks and climate change must account for a community’s specific vulnerabilities, and its local economic, environmental, and social conditions. Through a stakeholder-engaged methodology, we designed an interactive decision exercise to enable stakeholders to evaluate alternatives for addressing specific community flood vulnerabilities. We used a multicriteria framework to understand what drives stakeholder preferences for flood mitigation and adaptation alternatives, including ecosystem-based projects. Results indicated strong preferences for some ecosystem-based projects that utilize natural capital, generated a useful discussion on the role of individual values in driving decisions and a critique of local environmental and hazard planning procedure, and uncovered support for a river management alternative that had previously been considered socially infeasible. We conclude that a multicriteria decision framework may help ensure that the multiple benefit qualities of natural capital projects are considered by decision makers. Application of a utility function can demonstrate the role of individual decision-maker values in decision outcomes and help illustrate why one alternative may be a better choice than another. Although designing an efficient and accurate multicriteria exercise is quite challenging and often data intensive, we imagine that this method is applicable elsewhere. It may be especially suitable to group decisions that involve varying levels of expertise and competing values, as is often the case in planning for the ecological and human impacts of climate change.

Discrete-event Simulation and Optimization to Improve the Performance of a Healthcare System

Thesis (Ph.D.)--University of Washington, 2016-08

Integration of learning and practice as part of the educational system development in Eritrea. "School Management" - a distance learning program by technical university of Kaiserslautern

The distance learning program "School Management" supports decision makers at the school and ministerial levels in the shaping of formal and informal learning processes at different levels in schools and curricula in Eritrea. This paper examines how the distance learning program is interconnected to educational system development. (DIPF/Orig.)