Lost in translation : euro-compatibility, legal security, and the autonomous implementation of EU law in Switzerland

This article presents the legislative and judicial practice relating to the "autonomous implementation" of EU law in Switzerland. Given that "euro-compatibility" is the central consideration behind this legislative policy, one would expect Swiss authorities to have devised legislative and hermeneutical techniques guaranteeing high fidelity to EU "mother law". That is not the case, however, and as this article shows much is lost in the translation from EU to Swiss Law

Iowa Law Enforcement Academy, Agency Performance Plan, 2007

Annual Report

Compensation for environmental damages under international law

ABSTRACT The purpose of this research is to clarify the contribution of international dispute adjudication mechanisms in regard to environmental protection. Most specifically, the study aims to identify and develop the criterion adopted by the international judge in relation to the compensation for environmental damages. In this perspective, the study identifies some gaps between international responsibility and environmental protection interests. The premise sustained all along the study is that compensation is determinant to conciliate environmental prerogatives with mechanisms of international adjudication, in particular the system of international responsibility. Supported by the analysis of treaties, international decisions and secondary sources, the thesis defends the idea that some elements of international law allow the adjudicator to adapt the compensation to attend certain environmental interests, creating a new approach which was entitled 'fair compensation'. The antithesis of this approach is the idea that compensation in international law is limited exclusively to the strict reparation of the material losses incurred by the victim. As a synthesis, the study defends the specificity of environmental damages in relation to other kind of damages that are subject to compensation under international law. The measure upon which compensation for environmental damages could be classified as a specific type of damage under international law remains to be determined. The main conclusion of the study is that the existing standard of compensation defined by the theory and practice of international law is impossible to be strictly respected in cases involving environmental damages. This limitation is mainly due to the complexity of the notion of environment, which is constantly conflicting with the anthropologic view of legal theory. The study supports the idea that the establishment of a 'fair compensation' which takes into account the political, legal and technical context of the environmental damage, is the best possible approach to conciliate internationally responsibility and environmental interests. This could be implemented by the observance of certain elements by the international judge/arbitrator through a case-by-case analysis.

PhD Students’ Research Group Social Capital in Two Countries: A Clustering Approach with Duocentred Network Measures

The article examines the structure of the collaboration networks of research groups where Slovenian and Spanish PhD students are pursuing their doctorate. The units of analysis are student-supervisor dyads. We use duocentred networks, a novel network structure appropriate for networks which are centred around a dyad. A cluster analysis reveals three typical clusters of research groups. Those which are large and belong to several institutions are labelled under a bridging social capital label. Those which are small, centred in a single institution but have high cohesion are labelled as bonding social capital. Those which are small and with low cohesion are called weak social capital groups. Academic performance of both PhD students and supervisors are highest in bridging groups and lowest in weak groups. Other variables are also found to differ according to the type of research group. At the end, some recommendations regarding academic and research policy are drawn

Motivating Students to Learn English: Intrinsic and Extrinsic Strategies to Meet the Needs of First Time Learners

Motivation is the key to learning. The present study is about the relationship between intrinsic and extrinsic motivation as they affect learning with regard to students who are learning EFL for the first time. Cape Verdean seventh grade students learning English for the first time are generally very enthusiastic about the language before they start learning it in the high school. However, that enthusiasm seems not to be maintained throughout the school year and oftentimes teachers hear them complain about the difficulties of mastering aspects of the language. It seems that for some reason their motivation is undermined. Why does that happen? Is it the students’ fault or the teacher’s? If it the teacher’s fault, which motivation strategies work best to cope with this problem: intrinsic or extrinsic? With this in mind I asked the question: What is the relationship between students’ needs, interests, goals and expectations to learn English as a foreign language and teachers’ roles as facilitators and motivators? There are many studies that have been carried out in the field of motivation, and up to now, there seems to be no consensus of which is the best. For the purposes of this paper, three main theories will be discussed that have prevailed in the field of motivational psychology: the behavioural, the cognitive and the humanistic theories. Within these theories sub-theories are discussed and their relationship is explained with intrinsic and extrinsic motivation regarding Cape Verdean students learning English for the first time.

Common law and civil law as pro-market adaptations

We argue that in the development of the Western legal system, cognitive departures are themain determinant of the optimal degree of judicial rule-making. Judicial discretion, seen here as the main distinguishing feature between both legal systems, is introduced in civil law jurisdictions to protect, rather than to limit, freedom of contract against potential judicial backlash. Such protection was unnecessary in common law countries, where free-market relations enjoyed safer judicial ground mainly due to their relatively gradual evolution, their reliance on practitioners as judges, and the earlier development of institutional checks and balances that supported private property rights. In our framework, differences in costs and benefits associated with self-interest and lack of information require a cognitive failure to be active.

Audit report on the Iowa Law Enforcement Academy for the year ended June 30, 2006

Audit report on the Iowa Law Enforcement Academy for the year ended June 30, 2006

Iowa Law Enforcement Academy FY2007 Annual Report

FY2007 Annual Report

Cashing by the hour: Why large law firms prefer hourly fees over contingent fees

Large law firms seem to prefer hourly fees over contingent fees. Thispaper provides a moral hazard explanation for this pattern of behavior.Contingent legal fees align the interests of the attorney with those ofthe client, but not necessarily with those of the partnership. We showthat the choice of hourly fees is a solution to an agency problem withmultiple principals, where the interests of one principal (law firm)collide with the interests of the other principal (client).

Towards equivalent health care of prisoners: European soft law and public health policy in Geneva.

Prisoners have a right to health care and to be protected against inhumane and degrading treatment. Health care personnel and public policy makers play a central role in the protection of these rights and in the pursuit of public health goals. This article examines the legal framework for prison medicine in the canton of Geneva, Switzerland and provides examples of this framework that has shaped prisoners' medical care, including preventive measures. Geneva constitutes an intriguing example of how the Council of Europe standards concerning prison medicine have acquired a legal role in a Swiss canton. Learning how these factors have influenced implementation of prison medicine standards in Geneva may be helpful to public health managers elsewhere and encourage the use of similar strategies.

Increasing Students Vocabulary in Efl Class

After reviewing the literature, this work tries to show the importance of teaching vocabulary fõr students’ literacy skills, especially, reading comprehension. Many researchers suggest that the greatest amount of vocabulary growth occurs through incidental word learning in wide reading, and, research indicates that vocabulary instruction is an important vehicle for vocabulary learning. (Anderson& Nagy, as cited in Harmon, 1992, p.306). Word knowledge is one of the best ways of successful reading and comprehension. “Reading enhancement correlates with reader’s vocabulary” (Im, 1994, p.12). Therefore, today’s language teachers and researchers have realized the important role of vocabulary in reading comprehension. A survey carried out on 10th, 11th and 12th grade students, regarding their reading comprehension, shows that unknown words is one of the factors which influences their ability to read and comprehend a passage. It also shows that students feel the need to be instructed on strategy when encountering new words and consequently improving their vocabulary. This inhibits their understanding of a reading selection. As a result it is crucial that teachers equip students with methodological tools to be employed when they encounter unknown words. There are a lot systematic approaches for discerning which skills and words a teacher should focus on and meaningful classroom activities to reinforce the words and strategies that teachers can use to help students increase their word knowledge. Finally research indicates that developing students’ vocabulary correlates with success in all areas of curriculum (Edger, 1999, p.14). The success of vocabulary development depends on students’ active process of learning and strategies used by teachers.

Understanding the Use of the Students’ Common Language (Creole/Portuguese) in the 7th Grade Capeverdean English Classroom

This thesis is a pedagogical and methodological work related to the Teacher’s use of the students’ common language in 7th grade (beginners-level 1) Capeverdean English classroom. It discusses the importance of a limited and judicious use of the students’ common language (Creole/Portuguese) as a teaching technique to assist in the teaching and learning process. This thesis contains four chapters. The first chapter defines and shows the difference between mother tongue, second language and foreign language, talks about the methods and approaches (classroom procedures) to teach English as a foreign language, the different opinions about the teacher’s use of the students’ first language in the EFL classroom, and presents two studies already conducted on the use of the students’ mother tongue in the English classroom in two different EFL context. The second Chapter describes the methodology of research to conduct a study on the use of the students’ common language (Creole/Portuguese) in the EFL Capeverdean context with 7th grade students. The third chapter is the presentation of the Results and Analyses of the field research. And finally the fourth chapter is the recommendations and conclusions.