Part II of the Landlord and Tenant Act 1954:repeal or further reform? Part 1

Paper includes results of an empirical survey of legal professionals who specialise in property law and surveyors, both of whom are involved with commercial lease renewal work. The survey investigates whether there is any appetite amongst these professionals for abolishing the Landlord and Tenant Act 1954 Part II or alternatively for reform of the same. The results are analysed and recommendations made by the authors.

Hispanic -serving land -grant colleges: Analysis and plan for an educational policy initiative

Hispanics and other minority Americans are denied access to higher education by a system that needs structural reform. The purpose of the research was to determine whether creating Hispanic-serving land-grant colleges, similar to the Morrill land-grant colleges serving Black and Native Americans, might be an effective strategy to increase the access of Hispanic students to quality higher education. In addition to published materials, data was collected from a survey of Hispanic-serving institutions and extensive interviews with college presidents, government representatives, educational association leaders, and educational historians. ^ The research examined how existing land-grant college systems came into being and how they have evolved. A look at the functions of the land-grant systems serving Blacks and Native Americans revealed promising possibilities for a system that would include more Hispanics. Legal, fiscal, curricular, and organizational criteria were inferred from the existing systems. While none of the existing land-grant systems can be adapted to serve Hispanics or most other minorities outside their limited regions, each has elements that could be adapted by a new minority-serving system. A number of colleges already have features that could make them candidates for state designation as land-grant colleges. ^ The research suggests that a new federally funded system of Morrill land-grant colleges dedicated to serving all urban Americans, not just Hispanics, would do much to increase the numbers of Hispanic students and other racially and ethnically minority Americans in good quality higher educational institutions. An inclusive urban land-grant system would be politically feasible, whereas one meant to serve Hispanics alone would not. Because of their urban locations, these universities would serve large concentrations of minority citizens of all ethnic groups. ^ Finally, the basic elements of a strategic plan are presented for an educational organization to use for organizing leaders of minority educational associations, financing an initiative to lobby Congress, eliciting legislative and federal agency support, and securing the assistance of other educational, industrial, and special interest groups. The plan includes a suggested timetable for action. Recommendations are made for innovations that would make such a higher education system distinctive and would help meet important national needs. ^

Mental health tribunals: a significant medico-legal change

After lengthy delays and protracted debates, the Mental Health Act 2001 was finally enacted and commencement of its substantive sections appears to be imminent. One crucial cornerstone of the new regime introduced by the Act will be automatic periodic reviews of patients' detentions by Mental Health Tribunals. This article will focus on the background to the new tribunal system, the statutory rules for its operation, and case law of relevance from Strasbourg and England.

End-of-life care: identifying an appropriate legal framework for specialist palliative care in Ireland

This thesis argues that the legal framework in Ireland for specialist palliative care is inadequate and consequently a more appropriate legal framework must be identified. This research is guided by three central research questions. The first central research question examines the legitimacy of the distinction between specialist palliative care and euthanasia. The second central research question asks what legal framework currently exists in Ireland for specialist palliative care. The third central research question examines an alternative legal framework for specialist palliative. This thesis is composed of seven chapters. The first Chapter is an introduction to the thesis and defines the terminology and the central research questions. Chapter Two explores the development and practice of palliative care in Ireland. Chapter Three examines the distinction in criminal law between specialist palliative care practices and euthanasia. Chapter Four examines the human rights framework for specialist palliative care. Chapter Five critiques the regulatory framework in Ireland for specialist palliative care. Having gained a thorough understanding of palliative care and the related legal framework, this thesis then engages in comparative analysis of the Netherlands which is used as a source of ideas for reform in Ireland. Chapter Seven is the concluding chapter and, in it, the main findings of this thesis are summarised. The main findings being that: the distinction between specialist palliative care and euthanasia is not sufficiently supported by justifications such as a double effect or the acts and omissions distinction, there is no clear decision-making framework in Ireland for specialist palliative care, and the current legal framework lacks clarity and does not promote consistency between providers of specialist palliative care. This Chapter also proposes that detailed professional standards and guidelines are likely to be the most appropriate way to effect individual and institutional change in the provision of specialist palliative care.

The Evolution and Reform of Summary Trials in Canadian Military Justice

There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration of military justice at the unit level but want to sufficiently understand the issues before doing so. Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview of its historical background is first given. Then, each procedural step is demystified, from investigation until review. Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk: the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil law traditions, in addressing similar challenges are reviewed in Chapter IV. Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion is that, considering the availability of reasonable alternatives, it would be hard to convince a court that the current system is a legitimate impairment of the individual’s legal rights. The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalization’ taken by the Government in recent Bill C-71 is analysed and criticised. The ‘judicialization’ approach is advocated through a series of 16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration of military justice in furtherance of service members’ legal rights.

The institutional design of intra-party democracy through legal instruments: Turkish case

The importance of political parties for contemporary representative democracies is beyond dispute. Despite their significance for state-level democracy, political parties continue to be regarded as oligarchical and to be criticised because of their internal practices. For this reason, intra-party democracy (IPD) warrants in-depth analysis. This thesis investigates IPD in Turkey, primarily from the perspective of participatory democracy, with the purpose of suggesting reforms to the Turkish Political Parties Law (TPPL). Turkish political parties and Turkish party regulation provide an interesting case because there is a significant difference between mature democracies and Turkey regarding IPD regulation. IPD in established democracies has always been regarded as a private concern of parties and has been left unregulated. IPD in Turkey, by contrast, is provided for both by the constitution and the TPPL. Although IPD is a constitutional and legal requirement in Turkey, however, political parties in fact display a high level of non-democratic administration. The main reason is that the TPPL only pays lip service to the idea of IPD and requires no specific measures apart from establishing a party congress with a representative form of democracy. By establishing and holding party congresses, political parties are perceived as conforming to the requirements of IPD under the law. In addition, the contested nature of democracy as a concept has impeded the creation of efficacious legal principles. Thus, the existing party law fails to tackle the lack of IPD within political parties and, for this reason, is in need of reform. Furthermore, almost every Turkish party’s own constitution highlights the importance of IPD and promises IPD. However, these declared commitments to IPD in their constitutions alone, especially in countries where the democratic culture is weak, are unlikely to make much difference in practice. Accordingly, external regulation is necessary to ensure the protection of the rights and interests of the party members with regards to their participation in intra-party decision-making processes. Nevertheless, in spite of a general consensus in favour of reforming the TPPL, a lack of consensus exists as to what kind of reforms should be adopted. This thesis proposes that reforming the TPPL in line with an approach based on participatory democracy could provide better IPD within Turkish political parties, citing as evidence comparative case studies of the participatory practices for policy-making, leadership selection and candidate selection in mature democracies. This thesis also analyses membership registration and the effect of state funding on IPD, which are highly problematic in Turkey and represent impediments to the flourishing of IPD.

Archives and Copyright: Risk and Reform

This paper considers the place of the archive sector within the copyright regime, and how copyright impacts upon the preservation, access to, and use of archival holdings. It begins with a critical assessment of the current parameters of the UK copyright regime as it applies to the work of archivists, including recommendations for reform that have followed in the wake of the Gowers Review of Intellectual Property (2006-2010), the Hargreaves Review of Intellectual Property and Growth (2010-2011), the Consultation on Copyright (2011-12), as well as the government’s response thereto: Modernising Copyright (2012). It considers the various problems the copyright regime presents for archives undertaking mass digitisation projects as well as recent European and UK initiatives in this domain. It argues that the UK copyright regime, even when read in conjunction with current national and regional recommendations for reform, falls short of delivering a legal framework that would enable archivists to realise the full potential that comprehensive, universal online access to the country’s archival holdings would contribute to local and national democracy and accountability, to education, learning, and culture, and to the sense of identity and place for local people, communities and organisations. Ultimately, a case is made for the differential treatment of archives within the copyright regime – different, that is, from libraries and other related institutions operating within the cultural sector. The paper concludes with a policy recommendation that would greatly enhance the ability of archives to provide online access to their holdings, while at the same time safeguarding the economic interests of the authors and owners of copyright-protected work.

Capital 2.0 capital formation and legal risk in a new global economic order from fiat to exit: including case studies of the proposed transatlantic trade and investment partnership between the United States and the European Union and the financing relation between the United States and the People’s Republic of China

Following the intrinsically linked balance sheets in his Capital Formation Life Cycle, Lukas M. Stahl explains with his Triple A Model of Accounting, Allocation and Accountability the stages of the Capital Formation process from FIAT to EXIT. Based on the theoretical foundations of legal risk laid by the International Bar Association with the help of Roger McCormick and legal scholars such as Joanna Benjamin, Matthew Whalley and Tobias Mahler, and founded on the basis of Wesley Hohfeld’s category theory of jural relations, Stahl develops his mutually exclusive Four Determinants of Legal Risk of Law, Lack of Right, Liability and Limitation. Those Four Determinants of Legal Risk allow us to apply, assess, and precisely describe the respective legal risk at all stages of the Capital Formation Life Cycle as demonstrated in case studies of nine industry verticals of the proposed and currently negotiated Transatlantic Trade and Investment Partnership between the United States of America and the European Union, TTIP, as well as in the case of the often cited financing relation between the United States and the People’s Republic of China. Having established the Four Determinants of Legal Risk and its application to the Capital Formation Life Cycle, Stahl then explores the theoretical foundations of capital formation, their historical basis in classical and neo-classical economics and its forefathers such as The Austrians around Eugen von Boehm-Bawerk, Ludwig von Mises and Friedrich von Hayek and most notably and controversial, Karl Marx, and their impact on today’s exponential expansion of capital formation. Starting off with the first pillar of his Triple A Model, Accounting, Stahl then moves on to explain the Three Factors of Capital Formation, Man, Machines and Money and shows how “value-added” is created with respect to the non-monetary capital factors of human resources and industrial production. Followed by a detailed analysis discussing the roles of the Three Actors of Monetary Capital Formation, Central Banks, Commercial Banks and Citizens Stahl readily dismisses a number of myths regarding the creation of money providing in-depth insight into the workings of monetary policy makers, their institutions and ultimate beneficiaries, the corporate and consumer citizens. In his second pillar, Allocation, Stahl continues his analysis of the balance sheets of the Capital Formation Life Cycle by discussing the role of The Five Key Accounts of Monetary Capital Formation, the Sovereign, Financial, Corporate, Private and International account of Monetary Capital Formation and the associated legal risks in the allocation of capital pursuant to his Four Determinants of Legal Risk. In his third pillar, Accountability, Stahl discusses the ever recurring Crisis-Reaction-Acceleration-Sequence-History, in short: CRASH, since the beginning of the millennium starting with the dot-com crash at the turn of the millennium, followed seven years later by the financial crisis of 2008 and the dislocations in the global economy we are facing another seven years later today in 2015 with several sordid debt restructurings under way and hundred thousands of refugees on the way caused by war and increasing inequality. Together with the regulatory reactions they have caused in the form of so-called landmark legislation such as the Sarbanes-Oxley Act of 2002, the Dodd-Frank Act of 2010, the JOBS Act of 2012 or the introduction of the Basel Accords, Basel II in 2004 and III in 2010, the European Financial Stability Facility of 2010, the European Stability Mechanism of 2012 and the European Banking Union of 2013, Stahl analyses the acceleration in size and scope of crises that appears to find often seemingly helpless bureaucratic responses, the inherent legal risks and the complete lack of accountability on part of those responsible. Stahl argues that the order of the day requires to address the root cause of the problems in the form of two fundamental design defects of our Global Economic Order, namely our monetary and judicial order. Inspired by a 1933 plan of nine University of Chicago economists abolishing the fractional reserve system, he proposes the introduction of Sovereign Money as a prerequisite to void misallocations by way of judicial order in the course of domestic and transnational insolvency proceedings including the restructuring of sovereign debt throughout the entire monetary system back to its origin without causing domino effects of banking collapses and failed financial institutions. In recognizing Austrian-American economist Schumpeter’s Concept of Creative Destruction, as a process of industrial mutation that incessantly revolutionizes the economic structure from within, incessantly destroying the old one, incessantly creating a new one, Stahl responds to Schumpeter’s economic chemotherapy with his Concept of Equitable Default mimicking an immunotherapy that strengthens the corpus economicus own immune system by providing for the judicial authority to terminate precisely those misallocations that have proven malignant causing default perusing the century old common law concept of equity that allows for the equitable reformation, rescission or restitution of contract by way of judicial order. Following a review of the proposed mechanisms of transnational dispute resolution and current court systems with transnational jurisdiction, Stahl advocates as a first step in order to complete the Capital Formation Life Cycle from FIAT, the creation of money by way of credit, to EXIT, the termination of money by way of judicial order, the institution of a Transatlantic Trade and Investment Court constituted by a panel of judges from the U.S. Court of International Trade and the European Court of Justice by following the model of the EFTA Court of the European Free Trade Association. Since the first time his proposal has been made public in June of 2014 after being discussed in academic circles since 2011, his or similar proposals have found numerous public supporters. Most notably, the former Vice President of the European Parliament, David Martin, has tabled an amendment in June 2015 in the course of the negotiations on TTIP calling for an independent judicial body and the Member of the European Commission, Cecilia Malmström, has presented her proposal of an International Investment Court on September 16, 2015. Stahl concludes, that for the first time in the history of our generation it appears that there is a real opportunity for reform of our Global Economic Order by curing the two fundamental design defects of our monetary order and judicial order with the abolition of the fractional reserve system and the introduction of Sovereign Money and the institution of a democratically elected Transatlantic Trade and Investment Court that commensurate with its jurisdiction extending to cases concerning the Transatlantic Trade and Investment Partnership may complete the Capital Formation Life Cycle resolving cases of default with the transnational judicial authority for terminal resolution of misallocations in a New Global Economic Order without the ensuing dangers of systemic collapse from FIAT to EXIT.

Rape: A timeline of reform

The recent report by Dame Elish Angiolini report (2/6/15) into rape investigation in The Metropolitan Police highlights the issues in modern day rape investigation and makes a list of recommendations(See Table 1) .The report states that ”Rape is one of the most serious but misunderstood crimes and presents investigators and prosecutors with unique challenges. In its variety and complexity rape often presents difficulties far in excess of those encountered in investigating other crimes, including homicide”. This reflects the authors experience as a detective managing detective units and investigating rape in London. The Home Office Research Study in 2005 saw rape as, ‘a unique crime, representing both a physical and psychological violation’. In 2010 Baroness Stern went further, observing, ‘It is unique in the way it strikes at the bodily integrity and self-respect of the complainant, in the demands it makes on those public authorities required to respond to it and in the controversy it generates’. This article will look at these recommendations and place them in the context of 40 years of changing policy towards rape investigation, legal changes and the change in the social milieu.

Relatório no âmbito da unidade curricular prática de ensino supervisionada

O presente relatório, que será apresentado à Universidade de Évora, foi elaborado no âmbito do Curso de Mestrado em Ensino de Português e de Espanhol, para o 3.º ciclo do ensino básico e ensino secundário, e resulta da reflexão da prática letiva realizada na Escola Básica de Alcáçovas, do Agrupamento de Escolas de Viana do Alentejo, no ano letivo de 2014/2015. Numa primeira parte, são revisitados os principais documentos legais orientadores da prática letiva, relativos ao ensino das línguas materna e estrangeira. Num segundo momento, após uma breve caracterização da Escola e do Agrupamento, dá-se a conhecer o trabalho realizado com os alunos do terceiro ciclo do ensino básico, enquanto professora de Português, fazendo-se simultaneamente uma reflexão sobre as escolhas pedagógicas efetuadas. Posteriormente, apresentam-se as atividades dinamizadas, os cargos desempenhados na Escola e no Agrupamento e faz-se um balanço do caminho percorrido até ao presente; Supervised Teaching Practise Report ABSTRACT: This report, which will be presented to the University of Évora, was elaborated within the context of the Master degree in Portuguese and Spanish teaching for the 3rd cycle of elementary and secondary school. It arises as a result of the teaching practice reflection carried out in Escola Básica de Alcáçovas, Agrupamento de Escolas de Viana do Alentejo, during the school year 2014/2015. In the first part, the main legal guiding documents, concerning the teaching of mother tongue and foreign languages and the teaching practice, are revisited. As a second step, after a brief characterization of School and School Grouping and while as Portuguese teacher, it is presented the work performed by the students of the 3rd cycle of elementary school, as well as a reflection about the chosen pedagogical choices. Subsequently, the carried out activities, the positions held at School and School Grouping are presented, as well as an assessment of what has been done so far.

Relatório no âmbito da unidade curricular prática de ensino supervisionada

Integrado na unidade curricular Prática de Ensino Supervisionada do Mestrado em Ensino de Português no 3.º ciclo do Ensino Básico e Ensino Secundário e de Espanhol nos Ensinos Básico e Secundário, este Relatório incide sobre os documentos legais e orientadores que envolvem e orientam a atividade docente e sobre a sua prática específica, considerando a planificação, a condução de aulas, bem como a avaliação de aprendizagens no âmbito do processo de ensino-aprendizagem do Espanhol como língua estrangeira. Assim, são duas as dimensões sobre as quais centramos este trabalho, uma teórica e outra prática, que relacionamos criticamente ao longo de todo o Relatório. A par destas dimensões, também o nosso percurso profissional é alvo de reflexão, procurando, a partir da mesma, perceber-se quais os desafios experienciados e as competências adquiridas, tendo sempre o aluno e as suas aprendizagens como destinatário e principal alvo das conclusões alcançadas; Abstract: Report within the course Supervised Teaching Practice Included in the course Supervised Teaching Practice of the Master Degree in Portuguese and Spanish Teaching in the middle and upper schools, this report focuses on the legal and guiding documents which involve and direct the teaching activity and on its specific practice, considering lesson planning, organization as well as learning assessment within the teaching-learning process of Spanish as a foreign language. Therefore, there are two aspects over which we focus this assignment, one theoretical and other practical, which we critically relate along all Report. Aside these two aspects, our professional development is also object of reflection, seeking, from that same reflection, to understand the challenges experienced and the skills acquired, having always the student and his learnings as the receiver and main target of the achieved conclusions.

A ginastica como area de conhecimento na formação profissional em educação fisica : encaminhamentos para uma reestruturação curricular

Universidade Estadual de Campinas . Faculdade de Educação Física

Genese e consolidação da educação fisica na escola brasileira de 1. e 2. graus : a questão das leis

Universidade Estadual de Campinas . Faculdade de Educação Física

Conteudo curricular para crianças de creche de dois a tres anos : teoria e pratica

Universidade Estadual de Campinas. Faculdade de Educação Física

A disciplina basquetebol e a formação de professores de Educação Fisica

Universidade Estadual de Campinas. Faculdade de Educação Física