Disclosures Of ABS Transaction Structure Under EU And US Law

This chapter examines the legal concept of transaction structures under EU and US law for asset-backed securities

Servicing Disclosures for ABS Transactions Under US and EU Law

This chapter examines the legal concept of servicing disclosures under EU and US law for asset-backed securities.

Consumer protection in Turkey: law, informality and the role of the media. Monash University, Workplace and Corporate Law Research Group, Working Paper No. 21

This report is part of a University of Oxford John Fell funded collaborative project: Informality and the Media in Consumer Protection in Emerging Economies. This pilot project seeks to shed light upon consumer complaint behaviour through social media in emerging economies.

Making meaningful connections: Using insights from social pedagogy in statutory child and family social work practice

Reports into incidents of child death and serious injury have highlighted consistently concern about the capacity of social workers to communicate skilfully with children. Drawing on data collected as part of an Economic and Social Research Council funded UK-wide research project exploring social workers’ communicative practices with children, this paper explores how approaches informed by social pedagogy can assist social workers in connecting and communicating children. The qualitative research included data generated from 82 observations of social workers’ everyday encounters with children. Social pedagogical concepts of ‘haltung’ (attitude), ‘head, heart and hands’ and ‘the common third’ are outlined as potentially helpful approaches for facilitating the intimacies of inter-personal connections and enhancing social workers’ capacity to establish and sustain meaningful communication and relationships with children in the face of austere social, political and organisational contexts.

Enlivening, Invigorating & Enhancing Science:This session explores learning from a range of Primary Science Teaching Trust projects focused on invigorating the experience of children, teachers and whole school communities with primary science.

This session will provide you with opportunity to find out what is being achieved and explore the implications for your own practice.

Sports coaching and the law of negligence: implications for coaching practice

The ordinary principles of the law of negligence are applicable in the context of sport, including claims brought against volunteer and professional coaches. Adopting the perspective of the coach, this article intends to raise awareness of the emerging intersection between the law of negligence and sports coaching, by utilising an interdisciplinary analysis designed to better safeguard and reassure coaches mindful of legal liability. Detailed scrutiny of two cases concerning alleged negligent coaching, with complementary discussion of some of the ethical dilemmas facing modern coaches, reinforces the legal duty and obligation of all coaches to adopt objectively reasonable and justifiable coaching practices when interacting with athletes. Problematically, since research suggests that some coaching practice may be underpinned by “entrenched legitimacy” and “uncritical inertia”, it is argued that coach education and training should place a greater emphasis on developing a coach’s awareness and understanding of the evolving legal context in which they discharge the duty of care incumbent upon them.

MODERN SPORT COACHING AND THE LAW: IMPLICATIONS FOR COACH EDUCATION

Introduction
The intersection between the law of negligence and sport coaching in the UK is a developing area (Partington, 2014; Kevan, 2005). Crucially, since the law of negligence may be regarded as generally similar everywhere (Magnus, 2006), with the predominance of volunteer coaches in the UK reflective of the majority of countries in the world (Duffy et al., 2011), a detailed scrutiny of this relationship from the perspective of the coach uncovers important implications for coach education beyond this jurisdiction.  
Argumentation
Fulfilment of the legal duty of discharging reasonable care may be regarded as consistent with the ethical obligation not to expose athletes to unreasonable risks of injury (Mitten, 2013). More specifically, any ‘profession’ requiring ‘special skill or competence’ (Bolam v Friern Hospital Management Committee [1957] 1 WLR 582), including the coaching of sport (e.g., Davenport v Farrow [2010] EWHC 550), requires a higher standard of care to be displayed than would be expected of the ordinary reasonable person (Lunney & Oliphant, 2013; Jones & Dugdale, 2010). For instance, volunteer coaches with no formal qualifications (e.g., Fowles v Bedfordshire County Council [1996] ELR 51) would be judged by this benchmark of professional liability (Powell & Stewart, 2012). Further, as the principles of coaching are constantly assessed and revised (Cassidy et al., 2009; Taylor & Garratt, 2010), so too is the legal standard of care required of coaches (Powell & Stewart, 2012). Problematically, ethical concerns may include coaches being unwilling to increase knowledge, abusive treatment of players and incompetence/inexperience (Haney et al., 1998). These factors accentuate coaches’ exposure to civil liability.
Implications
It is imperative that coaches have an awareness of this emerging intersection and develop a ‘proactive risk assessment lens’ (Hartley, 2010). In addition to supporting the professionalisation of sport coaching, coach education/CPD focused on the legal and ethical aspects of coaching (Duffy et al., 2011; Telfer, 2010; Haney et al., 1998) would enhance the safety and welfare of performers, safeguard coaches from litigation risk, and potentially improve all levels of coaching (Partington, 2014). Interestingly, there is evidence to suggest a demand from coaches for more training on health and safety issues, including risk management and (ir)responsible coaching (Stirling et al., 2012). Accordingly, critical examination of the issue of negligent coaching would inform coach education by: enabling the modelling and sharing of best practice; unpacking important ethical concerns; and, further informing the classification of coaching as a ‘profession’.

Culturally Sensitive Care of the Baby and Family in the NICU: a review of the literature

This oral presentation summarised the literature on cultural differences in grieving and provision of end-of-life care in the nICU

Introduction: dispersed minorities and non-territorial autonomy

The concept of non-territorial autonomy gives rise to at least two important questions: the range of functional areas over which autonomy extends, and the extent to which this autonomy is indeed non-territorial. A widely used early description significantly labelled this ‘national cultural autonomy’, implying that its focus is mainly on cultural matters, such as language, religion, education and family law. In many of the cases that are commonly cited, ‘autonomy’ may not even extend this far: its most visible expression is the existence of separate electoral registers or quotas for the various groups. Part of the dilemma lies in the difficulty of devolving substantial power on a non-territorial basis: to the extent that devolved institutions are state-like, they ideally require a defined territory. Ethnic groups, however, vary in the extent to which they are territorially concentrated, and therefore in the degree to which any autonomous arrangements for them are territorial or non-territorial. This article explores the dilemma generated by this tension between ethnic geography (pattern of ethnic settlement) and political autonomy (degree of selfrule), and introduces a set of case studies where the relationship between these two features is discussed further: the Ottoman empire and its successor states, the Habsburg monarchy, the Jewish minorities of Europe, interwar Estonia, contemporary Belgium, and two indigenous peoples, the Sa´mi in Norway and the Maori in New Zealand.

What ‘Security’, whose ‘Rights’ and which ‘Law’? : the Israeli High Court of Justice and the Israeli settlements in the occupied West Bank

Cette thèse examine l’interprétation et l’application, par l’Haute Cour d'Israël (HCJ), de principes du droit international de l’occupation et du droit international des droits de la personne dans le traitement de requêtes judiciaires formulées par des justiciables palestiniens. Elle s’intéresse plus particulièrement aux jugements rendus depuis le déclenchement de la deuxième Intifada (2000) suite à des requêtes mettant en cause la légalité des mesures adoptées par les autorités israéliennes au nom d’un besoin prétendu d’accroitre la sécurité des colonies et des colons israéliens dans le territoire occupé de la Cisjordanie. La première question sous étude concerne la mesure dans laquelle la Cour offre un recours effectif aux demandeurs palestiniens face aux violations alléguées de leurs droits internationaux par l’occupant. La recherche fait sienne la position de la HJC selon laquelle le droit de l’occupation est guidé par une logique interne tenant compte de la balance des intérêts en cause, en l’occurrence le besoin de sécurité de l’occupant, d’une part, et les droits fondamentaux de l’occupé, d’autre part. Elle considère, en outre, que cette logique se voit reflétée dans les principes normatifs constituant la base de ce corpus juridique, soit que l’occupation est par sa nature temporaire, que de l’occupation découle un rapport de fiduciaire et, finalement, que l’occupant n’acquiert point de souveraineté sur le territoire. Ainsi, la deuxième question qui est posée est de savoir si l’interprétation du droit par la Cour (HCJ) a eu pour effet de promouvoir ces principes normatifs ou, au contraire, de leur porter préjudice. La réunion de plusieurs facteurs, à savoir la durée prolongée de l’occupation de la Cisjordanie par Israël, la menace accrue à la sécurité depuis 2000 ainsi qu’une politique de colonisation israélienne active, soutenue par l’État, présentent un cas de figure unique pour vérifier l’hypothèse selon laquelle les tribunaux nationaux des États démocratiques, généralement, et ceux jouant le rôle de la plus haute instance judiciaire d’une puissance occupante, spécifiquement, parviennent à assurer la protection des droits et libertés fondamentaux et de la primauté du droit au niveau international. Le premier chapitre présente une étude, à la lumière du premier principe normatif énoncé ci-haut, des jugements rendus par la HCJ dans les dossiers contestant la légalité de la construction du mur à l’intérieur de la Cisjordanie et de la zone dite fermée (Seam Zone), ainsi que des zones de sécurité spéciales entourant les colonies. Le deuxième chapitre analyse, cette fois à la lumière du deuxième principe normatif, des jugements dans les dossiers mettant en cause des restrictions sur les déplacements imposées aux Palestiniens dans le but allégué de protéger la sécurité des colonies et/ou des colons. Le troisième chapitre jette un regard sur les jugements rendus dans les dossiers mettant en cause la légalité du tracé du mur à l’intérieur et sur le pourtour du territoire annexé de Jérusalem-Est. Les conclusions découlant de cette recherche se fondent sur des données tirées d’entrevues menées auprès d’avocats israéliens qui s’adressent régulièrement à la HCJ pour le compte de justiciables palestiniens.

Review into the Proposed Registration of Teachers and Others who Support Learning in the Independent Sector with the Education Workforce Council

During the passage of the Education (Wales) Bill, Assembly Members called for parity in the way the behaviour of practitioners within maintained schools and the independent sector are regulated. This study was therefore commissioned to gather the views of groups and individuals who work in the education sector in Wales, on whether: i) there should be a requirement for practitioners (both teaching and learning support staff) within independent schools and private FE institutions to register with the Council ii) employers should be legally required to refer cases of unacceptable professional conduct and serious professional incompetence to the Council It was also intended, through this process, to gather views on the potential implications associated with any such registration so that the resulting impact could be identified. The individuals and organisations consulted included head teachers, college principals, governing bodies, teaching staff, learning support staff, trade unions, registration bodies, independent sector representative bodies, inspectorates and teaching councils. Consultations took place between August and November 2015, with data gathered through an online survey, face-to-face interviews, telephone interviews and via email.

Undertaking Sensitive Interviews: a Researcher’s Experience of Interviewing Bereaved Parents and Family GPs

The presentation describes the researcher’s experience of undertaking sensitive interviews. Background The interviews form part of a current study that is examining bereaved parents’ experience of caring for their child at home as well as the experience of their GP. This study builds on earlier work that found general practitioners (GPs) were at times uncertain of their role in paediatric palliative care and questioned whether their involvement had been beneficial to the child and family. The rarity of childhood cancer deaths makes it difficult for GPs to develop or maintain palliative care knowledge and skills yet the GP is perceived as the gatekeeper for care within the community. Presentation aim To describe the process of both the preparation for, and undertaking of, sensitive interviews. Study methodology The methodology incorporates tape-recorded semi-structured interviews, thematic framework analysis and Q methodology (QM). QM will be used to capture the experiences of GPs who have cared for a child with cancer receiving palliative care as well the perspectives of care experienced by the families. The semi-structured interview sample comprises 10 families (parents/guardians) whose child has been treated at a regional childhood cancer centre and their GPs. A further 40-60 GPs will be involved in the QM. Findings The preparation for these interviews will be discussed and compared to the supportive bereavement visits undertaken within the researcher’s role as a paediatric Macmillan nurse. The experience of undertaking the interviews will be exemplified with findings from the initial and the current, study. Papers’ contribution The researcher’s experience of preparing for and undertaking sensitive interviews may prove beneficial to other researchers.

Early Years Teachers and young children’s rights: the need for critical dialogue

The absence of knowledge about children’s rights is frequently associated with ineffective implementation of the United Nations Convention on the Rights of the Child (UNCRC); this directly impacts on children’s lives and the ways they are viewed by adults (Freeman 1998; Pugh 2015). Recent research (Jerome et al. 2015) has highlighted the lack of focus on children’s rights in the initial training of teachers and other education practitioners. In this paper I analyse the status of children’s rights in the standards for Early Years Teachers (EYTs) introduced in 2013 in England. Informed by the findings from research in sites of early years practice, I suggest possibilities for a critical dialogue that repositions the UNCRC as a visible and explicit framework of reference for EYTs’ work with young children.

Live Work: The Impact of Direct Encounters in Statutory Child and Family Social Wor

The aim of this research project was to examine the impact of direct work on practitioners in the field of statutory child protection. The author’s premise was that this work was anything but straightforward and that surprisingly, given the intense scrutiny on Children’s Services following a child death, there was little research into the day-to-day practice of front line staff. The aim was to explore whether psychoanalytic theory could be useful in understanding and making sense of the social work task. Data was collected through observation and semi-structured interviews in one Local Authority Child in Need team over a period of six months. The findings indicated that practitioners experienced direct work with some individuals and families as profoundly disturbing and that this affected them physiologically as well as psychologically. These effects persisted over time and appeared very difficult for the workers to process or articulate. This could be expressed through embodied or non-verbal communication in the interview. Practitioners appeared to be ‘inhabited’ by particular clients, suggesting phenomena such as projective identification were in operation. The intensity and persistence of the impact on the practitioners appears to be directly related to the quality, nature and intensity of the psychic defences functioning for the particular client. Significantly, the research indicated that when practitioners were dealing with the negative and disturbing projections from the (adult) clients it seemed from the data that the focus on the child would slip so that the child appeared to recede from view. Symptoms experienced by the practitioners were akin to trauma and research and theory on primary and secondary trauma were considered. Other issues raised included shame, which affects the clients, practitioners and the organisation and the meaning and implications of this are explored. Links between neuroscience and projective identification are addressed as well as the role of the organisation, particularly as a container for these toxic and disturbing encounters.

Conditions for Teaching and Learning in Religious Education (RE) : Perspectives of Teachers and Pupils at the Beginning of the 6th Grade in Sweden

In this article empirical findings from interviews with teachers of three classes of 12-year-old pupils are presented, together with questionnaire-responses from these 54 pupils. The interviews focus on teaching aims for Religious Education (RE), a subject that in Sweden, besides dealing with religion, also explores other kinds of beliefs, ethics and life questions. In the questionnaire the pupils are asked to solve four RE tasks with content that is central from a Swedish curriculum perspective. The research involves pupils at the beginning of the sixth grade and the purpose of this article is to look at the teachers’ aims and the pupils’ responses, and consider what these may indicate about conditions for teaching and learning RE in these classes. The findings show that the perspectives of the pupils at the beginning of the sixth grade seem to be rather far from the expectations of the RE syllabus. The pupils’ statements are rather vague with regard to religion as a phenomenon and there are few examples of pupils interpreting religious symbols in a way that is useful in further analysis. While existential and ethical plots, messages and point of views are comparatively easy to describe, it is harder to express multiple perspectives, reasons, comparisons and questions. A problem for the teachers in developing the perspectives of their pupils is that they find it hard to say what kind of general difficulties pupils have in RE, a fact that makes it hard to direct the teaching. Another challenge is that the teachers’ RE-aims are rather overarching and primarily related to fostering fundamental values. What improves the conditions for teaching and learning is the teachers’ concern for the pupils and their relationships with the teacher and with each other, a factor which is of vital importance for learning and which can also be used as a specific teaching method in subject matter education.