984 resultados para Legal tools


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An essential challenge for organizations wishing to overcome informational silos is to implement mechanisms that facilitate, encourage and sustain interactions between otherwise disconnected groups. Using three case examples, this paper explores how Enterprise 2.0 technologies achieve such goals, allowing for the transfer of knowledge by tapping into the tacit and explicit knowledge of disparate groups in complex engineering organizations. The paper is intended to be a timely introduction to the benefits and issues associated with the use of Enterprise 2.0 technologies with the aim of achieving the positive outcomes associated with knowledge management

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Various countries have been introducing sustainable assessment tools for real estate design to produce integrated sustainability components not just for the building, but also the landscape component of the development. This paper aims to present the comparison between international and local assessment tools of landscape design for housing estate developments in Bangkok Metropolitan Region (BMR), Thailand. The methodologies used are to review, then compare and identify discrepancy indicators among the tools. This paper will examine four international tools; LEED for Neighbourhood Development (LEED – ND) of United State of America (USA), EnviroDevelopment standards of Australia, Residential Landscape Sustainability of United Kingdom (UK) and Green Mark for Infrastructure of Singapore; and three BMR’s existing tools; Land Subdivision Act B.E. 2543, Environmental Impact Assessment Monitoring Awards (EIA-MA) and Thai’s Rating for Energy and Environmental Sustainability of New construction and major renovation (TREES-NC). The findings show that there are twenty two elements of three categories which are neighbourhood design, community management, and environmental condition. Moreover, only one element in neighbourhood designs different between the international and local tools. The sustainable assessment tools have existed in BMR but they are not complete in only one assessment tool. Thus, the development of new comprehensive assessment tool will be necessary in BMR; however, it should meet the specific environment and climate condition for housing estate development at BMR.

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Acoustic emission (AE) technique is one of the popular diagnostic techniques used for structural health monitoring of mechanical, aerospace and civil structures. But several challenges still exist in successful application of AE technique. This paper explores various tools for analysis of recorded AE data to address two primary challenges: discriminating spurious signals from genuine signals and devising ways to quantify damage levels.

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This paper presents a conceptual framework, informed by Foucault’s work on governmentality, which allows for new kinds of reflection on the practice of legal education. Put simply, this framework suggests that legal education can be understood as a form of government that relies on a specific rationalisation and programming of the activities of legal educators, students, and administrators, and is implemented by harnessing specific techniques and bodies of ‘know-how’. Applying this framework to assessment at three Australian law schools, this paper highlights how assessment practices are rationalised, programmed, and implemented, and points out how this government shapes students’ legal personae. In particular, this analysis focuses on the governmental effects of pedagogical discourses that are dominant within the design and scholarship of legal education. It demonstrates that the development of pedagogically-sound regimes of assessment has contributed to a reformulation of the terrain of government, by providing the conditions under which forms of legal personae may be more effectively shaped, and extending the power relations that achieve this. This analysis provides legal educators with an original way of reflecting on the power effects of teaching the law, and new opportunities for thinking about what is possible in legal education.

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Since a recent Australian study found that university law students experience higher rates of depression than medical students and legal professionals (Kelk et al. 2009), the mental health of law students has increasingly become a target of government. To date, however, there has been no attempt to analyse these practices as an activity of government in advanced liberal societies. This paper addresses this imbalance by providing an initial analytics of the government of depression in law schools. It demonstrates how students are responsibilised to manage the risks and uncertainties of legal education by constructing resilient forms of personal and professional personae. It highlights that, in order to avoid depression, students are encouraged to shape not just their minds and bodies according to psychological and biomedical discourses, but are also to govern their ethical dispositions and become virtuous persons. This paper also argues that these forms of government are tied to advanced liberal forms of rule, as they position the law student as the locus of responsibility for depression, imply that depression is caused by an individual failing, and entrench students within responsibilising and entrepreneurial forms of subjectivity.

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The challenges of climate change pose problems requiring new and innovative legal responses by legal practitioners, government officials and corporate officers. This book addresses a broad range of topic areas where climate change has impact and systematically analyses the key legal responses to climate change, both at the international level and within Australia at federal, State and local levels. In particular, it critically examines: •the rights, duties and market mechanisms established under the international climate change regime •the effect of climate change policies on the implementation of environmental and planning laws •new regimes for the implementation of renewable energy and energy efficiency initiatives •legal frameworks for the implementation of biological and geological sequestration projects (including forest projects and carbon rights); and •legal principles for the design of an effective carbon trading scheme for Australia It also considers the role of the common law including: •the likely response of the law of torts to emerging forms of climate change harm; and •potential liabilities for professionals who must take climate change into account in their decision-making and advice

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Through international agreement to the United Nations Framework Convention on Climate Change and the Kyoto Protocol the global community has acknowledged that climate change is a global problem and sought to achieve reductions in global emissions, within a sufficient timeframe, to avoid dangerous anthropogenic interference with the climate system. The sheer magnitude of emissions reductions required within such an urgent timeframe presents a challenge to conventional regulatory approaches both internationally and within Australia. The phenomenon of climate change is temporally and geographically challenging and it is scientifically complex and uncertain. The purpose of this paper is to analyse the current Australian legal response to climate change and to examine the legal measures which have been proposed to promote carbon trading, energy efficiency, renewable energy, and carbon sequestration initiatives across Australia. As this paper illustrates, the current Australian approach is clearly ineffective and the law as it stands overwhelmingly inadequate to address Australia’s emissions and meet the enormity of the challenges posed by climate change. Consequently, the government should look towards a more effective legal framework to achieve rapid and urgent transformations in the selection of energy sources, energy use and sequestration initiatives across the Australian community.

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This article examines the social networking phenomenon that has been so readily embraced by school-age adolescents, in the context of its potential to contribute further to the mechanisms for and incidence of cyberbullying amongst school students. Cyberbullying in these online for a, as a misuse of technology to harass, intimidate, tease, threaten, abuse or otherwise terrorise peers, teachers and/or the school in general, is discussed from both the psychological perspective and in terms of its legal ramifications (both criminal and civil) in Australia. Some recommendations for proactive and preventative measures, education and policy adoptions are provided, together with general advice to parents, schools and adolescents on awareness of the risks involved and how young people might better protect themselves in light of that knowledge.

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An often neglected but well recognised aspect of successful engineering asset management is the achievement of co-operation and collaboration between various occupational, functional and hierarchical levels present within complex technical environments. Engineering and technical contexts have been well documented for the presence of highly cohesive groups based around around functional or role orientations. However while highly cohesive groups are potentially advantageous they are also often correlated with the emergence of knowledge and information silos based around those same functional or occupational clusters. Improved collaboration and co-operation between groups has been demonstrated to result in a number of positive outcomes at an individual, group and organisational level. Example outcomes include an increased capacity for problem solving, improved responsiveness and adaptation to organisational crises, higher morale and an increased ability to leverage workforce capability. However, an essential challenge for organisations wishing to overcome informational silos is to implement mechanisms that facilitate, encourage and sustain interactions between otherwise disconnected groups. This paper reviews the ability of Web 2.0 technologies and mobile computing devices to facilitate and encourage knowledge sharing between “silo’d” groups. Commonly available tools such as Facebook, Twitter, Blogs, Wiki’s and others will be reviewed in relation to their applicability, functionality and ease-of-use by engineering and technical personnel. The paper also documents three case examples of engineering organisations that have successfully employed Web 2.0 to achieve superior knowledge management. With a number of clear recommendations he paper is an essential starting point for any organization looking at the use of new generation technologies for achieving the significant outcomes associated with knowledge transfer.

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The impact of Web 2.0 and social networking tools such as virtual communities, on education has been much commented on. The challenge for teachers is to embrace these new social networking tools and apply them to new educational contexts. The increasingly digitally-abled student cohorts and the need for educational applications of Web 2.0 are challenges that overwhelm many educators. This chapter will make three important contributions. Firstly it will explore the characteristics and behaviours of digitally-abled students enrolled in higher education. An innovation of this chapter will be the appli- cation of Bourdieu’s notions of capital, particularly social, cultural and digital capital to understand these characteristics. Secondly, it will present a possible use of a commonly used virtual community, Facebook©. Finally it will offer some advice for educators who are interested in using popular social networking communities, similar to Facebook©, in their teaching and learning.

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Confucius was and still is one of the most eminent Chinese philosophers. Such is the importance of Confucius’s teachings; it had influenced all aspects of social life in Chinese societies. In the post-Enron, post-Worldcom, and post-Global Financial Crisis era there are raising doubts in the mantra of the so-called conventional wisdom about law and economic order. Whilst many recent publications offered solutions to those problems like advocating for more laws, rules or reforms in regulatory institutions to enhance the regulation of corporate governance. What Confucius advocated was a non-legal, social mode of regulation based on moral ideals that should be embedded into the minds of every person. Whilst this is an ancient concept from primitive societies, its relevance and merits could be seen in modern Chinese societies like Hong Kong. In essence, Confucian principles of governance build on relational and paternalistic order based on moral ideals.

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An often neglected but well recognised aspect of successful engineering asset management is the achievement of co-operation and collaboration between various occupational, functional and hierarchical levels present within complex technical environments. Engineering and technical contexts have been well documented for the presence of highly cohesive groups based around around functional or role orientations. However while highly cohesive groups are potentially advantageous they are also often correlated with the emergence of knowledge and information silos based around those same functional or occupational clusters. Improved collaboration and co-operation between groups has been demonstrated to result in a number of positive outcomes at an individual, group and organisational level. Example outcomes include an increased capacity for problem solving, improved responsiveness and adaptation to organisational crises, higher morale and an increased ability to leverage workforce capability. However, an essential challenge for organisations wishing to overcome informational silos is to implement mechanisms that facilitate, encourage and sustain interactions between otherwise disconnected groups. This paper reviews the ability of Web 2.0 technologies and mobile computing devices to facilitate and encourage knowledge sharing between “silo’d” groups. Commonly available tools such as Facebook, Twitter, Blogs, Wiki’s and others will be reviewed in relation to their applicability, functionality and ease-of-use by engineering and technical personnel. The paper also documents three case examples of engineering organisations that have successfully employed Web 2.0 to achieve superior knowledge management. With a number of clear recommendations the paper is an essential starting point for any organization looking at the use of new generation technologies for achieving the significant outcomes associated with knowledge transfer.

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Most educators are now aware that cyberbullying is bullying through the use of technology. This new form of bullying makes use of the diverse range of technology now available including email, texting, chat rooms, mobile phones, mobile phone cameras, i-pods and websites. Cyberbullying shares many of the same attributes as face-to-face bullying such as a power imbalance which causes a sense of helplessness on the part of the victim, repetition and the intent to hurt.