Dominus legem dat

No Abstract

Dominus legem dat

No Abstract

Trans* Rights Under Egalitarianism

Trans* rights have only come to the forefront of social, political, and philosophical discourse in recent years. Many of the issues afflicting the trans* community have yet to be properly addressed. This essay discusses trans* reassignments, including gender confirmation surgery and hormones, and makes a case for the government subsidization thereof. Ronald Dworkin and Phillip Pettit’s works regarding egalitarianism are used as supporting evidence. The essay delves into their notions of victimization, domination, equality of resources, the ability to pass the “eyeball test”, and liberal civic republicanism and applies these concepts to the real life issues of the trans* struggle, resulting in a clear call for action

Transgender Rights: Shifting Strategies in a Changing Nation

Transgender rights have only come to the forefront of public consciousness and US jurisprudence in the past couple of decades. During this time, the transgender rights movement has made large strides and was rapidly working toward the enshrinement of federal non-discrimination protections for the transgender community. However, recent political changes in the US have led to a federal effort to undo the decades of progress that transgender activists have made in advocating for the recognition of their rights.1 As a result of this changing political climate, the strategies used by transgender rights advocates must change if the movement is going to be effective during this new era. In section I of this paper outlines this further while section II outlines past success in litigation. Section III focuses on the shifting climate. Section IV highlights the role of different literature in conceptualizing strategies for Transgender rights. Finally, section V details the move away from the Courts

Traditional First Nations and Métis Healing Methods: Do They Foster Emotional, Mental and Spiritual Healing?

Critical Incident Technique (CIT) (Flanagan, 1954) was used to explore the efficacy of traditional First Nations and Métis healing methods in terms of emotional, mental and spiritual healing among self-identified First Nations and Métis students at the University of Saskatchewan. Three participants were interviewed for this study. Data was analyzed using McCormick’s (1997) ten themes as well as thematic analysis. Findings correlated with McCormick’s (1997) themes, and no new ones were added and none omitted. The themes and data were discussed in relation to Smart’s (1998) Seven Dimensions of Religion, in order to anchor the findings in a theoretical framework. Recommendations for future research as well as recommendations for counsellors and psychologists regarding integration of traditional First Nations and Métis healing methods in counselling are included

Competing through e-skills: Luxembourg and its second level digital divide

There is growing awareness amongst policy makers, scholars and practitioners that the Information and Communication Technology (ICT) sector plays an important role in a country's economy and welfare. The ICT sector relies on highly performing technical infrastructures but also needs skilled people who are able to understand its complexities and are fully capable of making the best use of its potential. In this article we present and discuss this tension for the case of Luxembourg, one of the smallest countries in the world whose economy is open and largely service driven. Although a lot of improvements have been made in recent years regarding its ICT infrastructure, Luxembourg performs poorly in international league tables with regards to e-skills or digital competences showing a tendency to a “second level digital divide” in terms of its ICT professionals. Drawing on a prior study which mapped Luxembourg's ICT ecosystem, we conducted qualitative interviews with human resources managers that allowed us to identify the need for relevant ICT professional skills. By applying an e-competences framework, we have identified six different families of ICT jobs that are most demanded in Luxembourg as well as their underlying competences. We then present several policy initiatives that could address the challenges faced by Luxembourg. By doing so we provide a contribution in order to better understand the issues related to e-skills and digital competences in a small country. To the best of our knowledge this is the first study of this kind looking specifically into the e-skills situation in Luxembour

Bullying: Um estudo sobre papéis sociais, ansiedade e depressão no contexto escolar

The present study investigated the bullying process in Brazilian schools. 182 children (m age = 9,99 years; sd = 1,15) from Public and Private schools from South Brazil answered measures of victimization, aggression, depression and anxiety. Results showed no differencebetween levels of depression and anxiety between bullies and victims. Therefore, a tendency that the bullies are more depressed than the victims was observed. Boys were more nominated than girls as victims and bullies. Data confirms studies that emphasize the higher prevalence of the presence of boys in bullying process, but also contradict previous studies that showed higher levels of depression in victims but not in bullies, what can be explained by the culturalinfluence. The results point to the importance of clinical interventions focused on this phenomena, which has increased its prevalence between youth nowadays

O julgamento de casos de redução à condição análoga à de escravo pelo TRF4

O presente trabalho apresenta uma análise jurisprudencial das decisões do Tribunal Regional Federal da 4ª Região quanto ao crime de redução à condição análoga à de escravo. Tem por objetivo conceituar e explicar o tipo penal e, então, relacioná-lo ao entendimento adotado pelo referido Tribunal. O crime tipificado no art. 149 do Código Penal possui diferentes modalidades de incidência, quais sejam, mediante submissão a trabalhos forçados ou a jornada exaustiva; sujeição a condições degradantes de trabalho, quer restringindo, por qualquer meio, sua locomoção em razão de dívida contraída com o empregador ou preposto; cerceamento do uso de qualquer meio de transporte por parte do trabalhador, com o fim de retê-lo no local de trabalho; manutenção de vigilância ostensiva no local de trabalho ou apoderamento de documentos ou objetos pessoais do trabalhador, também com o fim de retê-lo no local de trabalho. Através da análise de 21 acórdãos, a pesquisa demonstra que a grande maioria dos casos julgados pelo TRF4 tratam-se do delito pelo requisito de sujeição a condições degradantes de trabalho. A principal discussão envolve o que seria, de fato, um trabalho em condições degradantes para fins do ilícito penal em questão e o que seria apenas violação de direitos trabalhistas.This study presents a jurisprudential analysis of the Tribunal Regional Federal da 4ª Região decisions regarding the crime of reduction to a condition analogous to slavery. The main purpose is to conceptualize and to explain the law, and relate it to the orientation adopted by that Court. The crime typified on the article 149 of the brazilian Criminal Code has different modalities, which are: through submission to forced labor or exhausting journey; subjection to degrading working conditions, either restraining, by any means, their mobility due to debt contracted with the employer or representative; restricting the use of any transportation by the worker, in order to retain him in the workplace; maintaining ostensive surveillance in the workplace or taking hold of the worker’s documents or personal objects, also in order to retain him in the workplace. Through the analysis of 21 judgments, this research demonstrates that the majority of the cases judged by the TRF4 are the offense for the requirement of subjection to degrading working conditions. The main discussion involves what would be, in fact, a job in degrading conditions for the criminal offense purposes and what would be just a labor rights violation

On the optimization of green multimodal transportation: A case study of the West German canal system

In this study, we address a biobjective multimodal routing problem that consists of selecting transportation modes and their respective quantities, optimizing transshipment locations, and allocating port orders. In the objective functions, we minimize total transportation costs and use the EcoTransit methodology to minimize total greenhouse gas emissions. The optimization model selects the transportation mode and transshipment port where quantities are transshipped from one mode to another. We compare inland waterway transportation and trucks encountering infrastructure failures that require rerouting or modal shifting in a real-life case study on the supply of goods for the chemical industry in the West German canal system. We propose a population-based heuristic to solve large instances in a reasonable computation time. A sensitivity analysis of demand, of varying lock times, and of infrastructure failure scenarios was conducted. We show that compared with inland waterway transportation, multimodal transportation reduces costs by 23% because of longer lock times. Our analysis shows that the use of inland waterway transportation only during infrastructure failures imposes nearly 28% higher costs per day depending on the failure location compared to that of the case of no failures. We also show that the use of a multimodal transportation system helps to reduce this cost increase in lock failure scenarios

Investigations into the dynamics of the ICT ecosystem in Luxembourg

Information and Communication Technologies (ICTs) are increasingly acknowledged as a General-Purpose Technology touching all sectors of the economy and offering the potential of technological improvements, increases in productivity and innovation as well as economic growth. Nevertheless, there is an on-going, fervent debate amongst scholars, practitioners and policy makers about the relevance of ICT as a sector of the economy in its own right. Consequently, researchers have shown great interest in examining the importance and the development of ICT ecosystems in different countries and regions of the world. Up until now, however, smaller countries have often been overlooked, perhaps guided by an assumption that findings from larger economies could simply be transposed to such settings. This thesis set outs to address this research gap by investigating the ICT industry in Luxembourg, focusing on key developments since the telecommunications market was liberalised in the late 1990s as a means of identifying the main forces shaping developments within the sector in the period between 2000 and 2017. This research aim has been broken down into four specific research objectives, which were: to examine the size and the structure of the ICT ecosystem in Luxembourg; to understand the role of the state as policy maker, regulator and as actor within the ecosystem; to analyse the current strengths and weaknesses of the ICT ecosystem and, to identify the needs for specific changes and improvements. Overall, a critical realist approach has been adopted for the research, applying a quantitative analysis on existing data and complementing this with a qualitative approach building on new empirical data. Working for over 30 years as a manager and executive within media, telecommunication and ICT in Luxembourg, the author was able to interact with many senior professionals within the ICT industry in Luxembourg. Thus over 70 interviews have been conducted with a sample of executives from ICT organisations and institutions such as regulators, policy makers or promotion agencies. The outcomes of these interviews were complemented and triangulated with the help a 4-year long press review and an analysis of publicly available secondary sources. One of the primary research outcomes has been a detailed identification and discussion of the strengths and weaknesses of Luxembourg’s ICT ecosystem. Luxembourg has done well to focus on developing its ICT infrastructures and triggering the use of these infrastructures. Luxembourg has also performed well in liberalising its telecommunication sector and encouraging competition. In doing so, Luxembourg has been able to improve its position in terms of its ranking in international ICT related indices. However, Luxembourg’s weaknesses have been identified in terms of marketing and communication in the context of international competition, limited risk taking and the lack of creativity and entrepreneurship. An unexpected finding arose as it appeared that Luxembourg had neglected to develop or sustain a labour force with the necessary underlying e-skills and ICT competences. This problem has been acknowledged since and some initial remedial actions have been taken. A major contribution to knowledge is a new conceptual and methodological framework to analyse the strengths and weaknesses of ICT ecosystems. This framework can be seen as a development and extension of the ICT ecosystem model developed by Martin Fransman. It may also potentially be applied to similar environments in order to make sense of their ICT ecosystem, or indeed to other network related ecosystems. Finally, the author has determined some implications for policy makers and suggested avenues for further research