Administrative justice and the control of bureaucratic decision-making: A study investigating how decision-makers in local authority education departments respond to the work of redress mechanisms

This socio-legal thesis has explored the factors responsible for explaining whether and how redress mechanisms control bureaucratic decision-making. The research considered the three principal institutions of administrative justice: courts, tribunals, and ombudsman schemes. The field setting was the local authority education area and the thesis examined bureaucratic decision-making about admissions to school, home-to-school transport, and Special Educational Needs (SEN). The thesis adopted a qualitative approach, using interviews and documentary research, within a multiple embedded case study design. The intellectual foundations of the research were inter-disciplinary, cutting across law, socio-legal studies, public administration, organization studies, and social policy. The thesis drew on these scholarly fields to explore the nature of bureaucratic decision-making, the extent to which it can be controlled and the way that learning occurs in bureaucracies and, finally, the extent to which redress mechanisms might exercise control. The concept of control was studied across all its dimensions – in relation both to ex post control in specific cases and the more challenging notion of ex ante or structuring control. The aim of the thesis was not to measure the prevalence of bureaucratic control by redress mechanisms, but to understand the factors that might explain its presence or absence in a particular area. The findings of the research have allowed for a number of analytical refinements and extensions to be made to existing theoretical and empirical understandings. 14 factors, along with 87 supporting propositions, have been set out with the aim of making empirically derived suggestions which can be followed up in future research. In terms of the thesis’ contribution to existing knowledge, its comparative focus and its emphasis on the broad notion of control offered the potential for new insights to be developed. Overall, the thesis claims to have made three contributions to the conceptual framework for understanding the exercise of control by redress mechanisms: it emphasizes the importance of ‘feedback’ in relation to the nature of the cases referred to redress mechanisms; it calls attention to the structure of bureaucratic decision-making as well as its normative character; and it discusses how the operational modes of redress mechanisms relate to their control functions.

Europeanization beyond the EU: The case of Georgia.

320 p.

Pricing recreation use of national parks for an efficient nature conservation : an application to the portuguese case

Current institutions, research, and legislation have not yet been sufficient to achieve the conservation level of Nature as required by the society. One of the reasons that explains this relative failure is the lack of incentives to motivate local individual and Nature users in general, to adopt behaviour compliant with Nature sustainable uses. Economists believe that, from the welfare point of view, pricing is the more efficient way to make economic actors to take more environmental friendly decisions. In this paper we will discuss how efficient can be the act of pricing the recreation use of a specific natural area, in terms of maximising welfare. The main conservation issues for pricing recreation use, as well as the conditions under which pricing will be an efficient and fair instrument for the natural area will be outlined. We will conclude two things. Firstly that, from the rational utilitarian economic behaviour point of view, economic efficiency can only be achieved if the natural area has positive and known recreation marginal costs under the relevant range of the marshallian demand recreation curve and if price system management is not costly. Secondly, in order to guarantee equity for the different type of visitors when charging the fee, it is necessary to discuss differential price systems. We shall see that even if marginal recreation costs exist but are unknown, pricing recreation is still an equity instrument and a useful one from the conservation perspective, as we shall demonstrate through an empirical application to the Portuguese National Park. An individual Travel Cost Method Approach will be used to estimate the recreation price that will be set equal to the visitor’s marginal willingness to pay for a day of visit in the national park. Although not efficient, under certain conditions this can be considered a fair pricing practice, because some of the negative recreation externalities will be internalised. We shall discuss the conditions that guarantee equity on charging for the Portuguese case.

Mapping the Liminal Experience of Eastern Europe in Selected American Works, 1965-2002

The purpose of this dissertation is to study literary representations of Eastern Europe in the works of celebrated and less-known American authors, who visited and narrated the region between the mid-1960s and early 2000s. The main critical body focuses on Eastern Europe before 1989 and encompasses three major voices of American literature: John Updike, Joyce Carol Oates, and Philip Roth. However, in the last chapter I also explore American literary perceptions of the area following the collapse of communism. Importantly, the term “Eastern Europe” as used in this dissertation is charged with significance. I approach it not only as a space on the map or the geopolitical construct which emerged in the aftermath of the Second World War, but rather as a conceptual category and a repository of meanings built out of fact and fantasy: specific historical, political and cultural realities interlaced with subjective worldviews, preconceptions, and mental images. The critical framework of this dissertation is twofold. I reach for the concept of liminality to elucidate the indeterminacy and malleability which lies at the heart of the object of study—the idea, image, and experience of Eastern Europe. Bearing in mind the nature of the works under analysis, all of which were inspired by actual visits behind the Iron Curtain, I propose to interpret these transatlantic literary journeys in terms of generative experience, where Eastern Europe is mapped as a liminal space of possibility; a contact zone between cultures and, potentially, the locus of self-discovery and individual transformation. If liminality is the metaphor or a lens that I employ in order to account for the nature of the analyzed works and the complex terrain they map, imagology, whose purpose is to study the processes of constructing selfhood and otherness in literature, provides me with the method and the critical vocabulary for analyzing selected literary representations. The dissertation is divided into six chapters, the last of which serves as coda to the previous discussion. The first two chapters constitute the critical foundation of this work. Then, in chapters 3, 4, and 5 I study American images of Eastern Europe in the works written by John Updike, Joyce Carol Oates, and Philip Roth, respectively. The last, sixth chapter of this dissertation is divided into two parts. In the first one, I discuss new critical perspectives and avenues of research in the study of Eastern Europe following the collapse of communism. Then, I carry out a joint analysis of four works written after 1989 by Eva Hoffman, Arthur Phillips, John Beckman, and Gary Shteyngart. The dissertation ends with conclusions in which I summarize my findings and reflections, and suggest implications for future research. As this dissertation seeks to demonstrate, Eastern Europe portrayed in the analyzed works oscillates between contradictory representations which are contingent upon a number of factors, most importantly who maps it and in what context. Even though each experience of Eastern Europe is distinct and fueled by the profiles, identities, and interests of the characters and their creators, I have found out that certain patterns of othering are present in all the works. Thus, my research seems to suggest that there is something of a recurrent literary image of Eastern Europe, which goes beyond the context of the Cold War. Accordingly, while this dissertation hopes to be a valid contribution to the study of literary and cultural mappings of Eastern Europe, it also generates new questions regarding the current, post-communist representation of the area and its relationship to the national tropes explored in my work.

The burden of neck pain: its meaning for persons with neck pain and healthcare providers, explored by concept mapping

PURPOSE: To empirically define the concept of burden of neck pain. The lack of a clear understanding of this construct from the perspective of persons with neck pain and care providers hampers adequate measurement of this burden. An additional aim was to compare the conceptual model obtained with the frequently used Neck Disability Index (NDI). METHODS: Concept mapping, combining qualitative (nominal group technique and group consensus) and quantitative research methods (cluster analysis and multidimensional scaling), was applied to groups of persons with neck pain (n = 3) and professionals treating persons with neck pain (n = 2). Group members generated statements, which were organized into concept maps. Group members achieved consensus about the number and description of domains and the researchers then generated an overall mind map covering the full breadth of the burden of neck pain. RESULTS: Concept mapping revealed 12 domains of burden of neck pain: impaired mobility neck, neck pain, fatigue/concentration, physical complaints, psychological aspects/consequences, activities of daily living, social participation, financial consequences, difficult to treat/difficult to diagnose, difference of opinion with care providers, incomprehension by social environment, and how person with neck pain deal with complaints. All ten items of the NDI could be linked to the mind map, but the NDI measures only part of the burden of neck pain. CONCLUSION: This study revealed the relevant domains for the burden of neck pain from the viewpoints of persons with neck pain and their care providers. These results can guide the identification of existing measurements instruments for each domain or the development of new ones to measure the burden of neck pain.

Conservation of komodo dragons varanus komodoensis in the Wae Wuul nature reserve, Flores, Indonesia: a multidisciplinary approach

Multidisciplinary conservation initiatives are increasingly advocated as best practice for recovering endangered species. The Komodo dragon Varanus komodoensis is the world's largest lizard, of prominent conservation value as an umbrella species for protection of south-east Indonesian ecosystems. Komodo dragons have faced multiple human-related threat processes in the past 30 years and are listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and considered Vulnerable according to the International Union for Conservation of Nature Red List. We report on a protection programme conducted from 2005 to 2012 in the Wae Wuul nature reserve, on the island of Flores, Indonesia. The Wae Wuul ranger post was completely rebuilt, and community awareness and involvement of local people in habitat-protection schemes were regularly and successfully implemented. Local rangers were trained in wildlife-monitoring techniques. Monitoring results indicated that Komodo dragon densities were lower in Wae Wuul than in the adjacent Komodo National Park; however, a relatively high level of genetic diversity was recorded for this population. Ungulate prey showed a relatively stable prey population density. Community-based initiatives and regular wildlife monitoring are crucial to ensure the persistence of Komodo dragons on Flores. The Wae Wuul protection programme is providing several sustainability indicators by which informed management plans can be designed for long-term conservation of Komodo dragons.

The potential contribution of intermediary organizations for implementation of school mental health

Questions persist regarding implementation of mental health promotion, prevention, and early intervention initiatives in schools. To date, attention has targeted the ‘Whats’ and ‘Hows’ in design and implementation. Ongoing clarification of ‘Who’ the key proponents are working in this space receives less consideration. This paper presents outcomes from a national colloquium involving leaders from organizations committed to school-based mental health practice in Australia. The aim of the colloquium was to introduce the concept of Intermediary Organizations (IOs) examining this for its potential contribution to improved mental health and school improvement. The central challenge for IOs is implementation, that is, assisting in knowledge mobilization connecting research to policy and practice. The colloquium discussion was grounded in an understanding of public value as an organizing principle for improving public sector effectiveness. The participants evaluated the nature, role, and potential contribution of IOs. Three key issues emerged as being central to effective implementation: health promotion and prevention, relational ethics, and evidence-based practice.

Shining the light on the dark side of medical leadership - a qualitative study in Australia

Purpose The paper aims to explore the beliefs of doctors in leadership roles of the concept of "the dark side", using data collected from interviews carried out with 45 doctors in medical leadership roles across Australia. The paper looks at the beliefs from the perspectives of doctors who are already in leadership roles themselves; to identify potential barriers they might have encountered and to arrive at better-informed strategies to engage more doctors in the leadership of the Australian health system. The research question is: "What are the beliefs of medical leaders that form the key themes or dimensions of the negative perception of the 'dark side'?". Design/methodology/approach The paper analysed data from two similar qualitative studies examining medical leadership and engagement in Australia by the same author, in collaboration with other researchers, which used in-depth semi-structured interviews with 45 purposively sampled senior medical leaders in leadership roles across Australia in health services, private and public hospitals, professional associations and health departments. The data were analysed using deductive and inductive approaches through a coding framework based on the interview data and literature review, with all sections of coded data grouped into themes. Findings Medical leaders had four key beliefs about the "dark side" as perceived through the eyes of their own past clinical experience and/or their clinical colleagues. These four beliefs or dimensions of the negative perception colloquially known as "the dark side" are the belief that they lack both managerial and clinical credibility, they have confused identities, they may be in conflict with clinicians, their clinical colleagues lack insight into the complexities of medical leadership and, as a result, doctors are actively discouraged from making the transition from clinical practice to medical leadership roles in the first place. Research limitations/implications This research was conducted within the Western developed-nation setting of Australia and only involved interviews with doctors in medical leadership roles. The findings are therefore limited to the doctors' own perceptions of themselves based on their past experiences and beliefs. Future research involving doctors who have not chosen to transition to leadership roles, or other health practitioners in other settings, may provide a broader perspective. Also, this research was exploratory and descriptive in nature using qualitative methods, and quantitative research can be carried out in the future to extend this research for statistical generalisation. Practical implications The paper includes implications for health organisations, training providers, medical employers and health departments and describes a multi-prong strategy to address this important issue. Originality/value This paper fulfils an identified need to study the concept of "moving to the dark side" as a negative perception of medical leadership and contributes to the evidence in this under-researched area. This paper has used data from two similar studies, combined together for the first time, with new analysis and coding, looking at the concept of the "dark side" to discover new emergent findings.

La nature juridique du contrat de réassurance en droit civil québécois.

Le contrat de réassurance n’est pas un contrat nouveau; son existence peut être retracée jusqu’au 14e siècle. Cette opération est un élément essentiel de la pratique de l’assurance moderne. Le contrat de réassurance demeure toutefois un sujet obscur en droit civil québécois tout comme dans d’autres juridictions et la détermination de sa nature juridique demeure un sujet controversé. La qualification juridique de la nature du contrat de réassurance nécessite l’étude de ses fondements. Il est donc primordial dans le cadre de ce processus de revenir sur la notion de contrat de réassurance, son histoire, sa raison d’être, le régime normatif qui lui est applicable et les relations juridiques qui en découlent. Plusieurs thèses ont été avancées en ce qui a trait à la nature juridique du contrat de réassurance. De nos jours, on oppose essentiellement la thèse du contrat d’assurance à la thèse du contrat innommé. Le contrat de réassurance partage plusieurs éléments caractéristiques avec le contrat d’assurance. Il s’en distingue toutefois également sur plusieurs points qui nous paraissent déterminant dans le cadre du processus qualification de la nature juridique de ce contrat.

A Phenomenological Exploration of Black Male Law Enforcement Officers' Perspectives of Racial Profiling and Their Law Enforcement Career Exploration and Commitment

This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201). Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis of the data: (a) color and/or race does matter, (b) putting on the badge, and (c) too black to be blue and too blue to be black. The deductive analysis used a priori coding that was based on Super’s (1990) archway model. The deductive analysis revealed the participants’ career exploration was influenced by their knowledge of racial profiling and how others view them. The comparative analysis between the inductive themes and deductive findings found the theme “color and/or race does matter” was present in the relationships between and within all segments of Super’s (1990) model. The comparative analysis also revealed an expanded notion of self-concept for Black males – marginalized and/or oppressed individuals. Self-concepts, “such as self-efficacy, self-esteem, and role self-concepts, being combinations of traits ascribed to oneself” (Super, 1990, p. 202) do not completely address the self-concept of marginalized and/or oppressed individuals. The self-concept of marginalized and/or oppressed individuals is self-efficacy, self-esteem, traits ascribed to oneself expanded by their awareness of how others view them. (DuBois, 1995; Freire, 1970; Sheared, 1990; Super, 1990; Young, 1990). Ultimately, self-concept is utilized to make career and life decisions. Current human resource policies and practices do not take into consideration that negative police contact could be the result of racial profiling. Current human resource hiring guidelines penalize individuals who have had negative police contact. Therefore, racial profiling is a discriminatory act that can effectively circumvent U.S. Equal Employment Opportunities Commission laws and serve as a boundary mechanism to employment (Rocco & Gallagher, 2004).

La nature juridique du contrat de réassurance en droit civil québécois

Le contrat de réassurance n’est pas un contrat nouveau; son existence peut être retracée jusqu’au 14e siècle. Cette opération est un élément essentiel de la pratique de l’assurance moderne. Le contrat de réassurance demeure toutefois un sujet obscur en droit civil québécois tout comme dans d’autres juridictions et la détermination de sa nature juridique demeure un sujet controversé. La qualification juridique de la nature du contrat de réassurance nécessite l’étude de ses fondements. Il est donc primordial dans le cadre de ce processus de revenir sur la notion de contrat de réassurance, son histoire, sa raison d’être, le régime normatif qui lui est applicable et les relations juridiques qui en découlent. Plusieurs thèses ont été avancées en ce qui a trait à la nature juridique du contrat de réassurance. De nos jours, on oppose essentiellement la thèse du contrat d’assurance à la thèse du contrat innommé. Le contrat de réassurance partage plusieurs éléments caractéristiques avec le contrat d’assurance. Il s’en distingue toutefois également sur plusieurs points qui nous paraissent déterminant dans le cadre du processus qualification de la nature juridique de ce contrat.

Bifidobacterium longum 1714 as a translational psychobiotic: modulation of stress, electrophysiology and neurocognition in healthy volunteers

The emerging concept of psychobiotics—live microorganisms with a potential mental health benefit—represents a novel approach for the management of stress-related conditions. The majority of studies have focused on animal models. Recent preclinical studies have identified the B. longum 1714 strain as a putative psychobiotic with an impact on stress-related behaviors, physiology and cognitive performance. Whether such preclinical effects could be translated to healthy human volunteers remains unknown. We tested whether psychobiotic consumption could affect the stress response, cognition and brain activity patterns. In a within-participants design, healthy volunteers (N=22) completed cognitive assessments, resting electroencephalography and were exposed to a socially evaluated cold pressor test at baseline, post-placebo and post-psychobiotic. Increases in cortisol output and subjective anxiety in response to the socially evaluated cold pressor test were attenuated. Furthermore, daily reported stress was reduced by psychobiotic consumption. We also observed subtle improvements in hippocampus-dependent visuospatial memory performance, as well as enhanced frontal midline electroencephalographic mobility following psychobiotic consumption. These subtle but clear benefits are in line with the predicted impact from preclinical screening platforms. Our results indicate that consumption of B. longum 1714 is associated with reduced stress and improved memory. Further studies are warranted to evaluate the benefits of this putative psychobiotic in relevant stress-related conditions and to unravel the mechanisms underlying such effects.

Developing an approach to assess the influence of integrating disaster risk reduction practices into infrastructure reconstruction on socio-economic development

Purpose: Disasters provide physical, social, economic, political and environmental development windows of opportunity particularly through housing and infrastructure reconstruction. The reconstruction process should not be neglected due to the opportunistic nature of facilitating innovation in development. In this respect, post-disaster "infrastructure" reconstruction plays a critical role in development discourse and is often essential to sustain recovery after major disasters. However, reconstruction following a natural disaster is a complicated problem involving social, economic, cultural, environmental, psychological, and technological aspects. There are significant development benefits of well-developed "Disaster Risk Reduction (DRR) Strategies" and, for many reasons, the concept of DRR can be more easily promoted following a disaster. In this respect, a research study was conducted to investigate the effects of integrating DRR strategies into infrastructure reconstruction on enhancing the socio-economic development process from a qualitative stance. The purpose of this paper is to document part of this research study; it proposes an approach that can be used to assess the influence of the application of the DRR concept into infrastructure reconstruction on socio-economic development. Design/methodology/approach: The research methodology included a critical literature review. Findings: This paper suggests that the best way to assess the influence of integrating DRR strategies practices into infrastructure reconstruction on socio-economic development is to assess the level of impact that DRR strategies has on overcoming various factors that form vulnerabilities. Having assessed this, the next step is to assess the influence of overcoming the factors that form vulnerabilities on achieving performance targets of socio-economic development. Originality/value: This paper primarily presents a framework for the concept of socio-economic development and a modelled classification of DRR practices.

In the name of humanity: the government of threat and care

In this volume, editors Ilana Feldman and Miriam Ticktin have drawn together an outstanding collection of essays exploring the concept of ‘humanity’ in a range of contexts and from a rich variety of perspectives. Tracing the categorisation of humanity throughout history in their introductory chapter, Feldman and Ticktin highlight the perennial tension inherent in its definition and use. The ever-shifting boundaries of humanity serve to include and protect even as they reject and threaten those identified as ‘other’. Each of the eleven chapters engages with the fundamental question of what it means to be human, and the implications of possible responses to this for the practice of governance. However, despite the pervasive theme of government— which is explored explicitly in the context of humanitarian law (Richard Ashby Wilson) and aid (Didier Fassin), healthcare (Joao Biehl; S. Lochlann Jain; Adriana Petryna), and the regulation of human interactions with nature (Arun Agrawal; Charles Zerner)—it is the more personal aspect of the human experience that takes centre stage in most chapters, and which offers the deepest insights into that elusive concept: ‘humanity’. It offers readers a multifaceted and open-ended account of humanity, which will inform better governance and more effective research in this field.

The influence of forest management on bird communities of portuguese montados

The world distribution of cork oak Quercus suber and holm oak Q. rotundifolia is basically restricted to the western Mediterranean basin. These two evergreen oaks are the base of the Portuguese montado and the Spanish dehesa. This thesis aims to analyse how bird communities of the montado are influenced by management practices. We used different approaches to study this relationship, and to evaluate which features are responsible for species distribution in different typologies of montado. First, we reviewed the concept of montado in order to better understand the system and to set thresholds on what can be considered as montado. Afterwards, we studied the elements that promote higher species diversity and individual species, or group of species, that can act as indicators of High Nature Value for montados. Finally, we evaluated how the bird communities are structured, and the influence of the main management actions (e.g. cattle and cork exploitation) on those communities; Resumo: A distribuição mundial do sobreiro Quercus suber e da azinheira Quercus rotundifolia é praticamente restrita à bacia do Mediterrâneo. Estas duas espécies de carvalhos são a base dos montados em Portugal e das dehesas em Espanha. No âmbito desta tese analisamos como as comunidades de aves do montado são influenciadas pela gestão florestal. Para este efeito usámos diferentes abordagens e avaliámos quais as características do montado responsáveis pela distribuição das espécies ao longo das suas diferentes tipologias. Fizemos uma revisão do conceito de montado e proposemos uma definição para o sistema, englobando a sua multifuncionalidade. Estudámos os elementos singulares que promovem a diversidade de aves e que podem ser simultaneamente indicadores de áreas de Alto Valor Natural (HNV). Por fim, avaliámos qual a influência da gestão (p. ex. pastoreio e descortiçamento) na estruturação das comunidades de aves.