13,868 research outputs found
Enhancing Students\u27 Learning with Word-Games: A Case of Hospitality OB Class
Learning a new subject involves learning and memorizing a new set of vocabulary (Parry, 1995), a challenge for an increasingly international student population (e.g., Barron & Arcodia, 2002; McDowell, 1998; Zimmermann, 2009).https://digitalscholarship.unlv.edu/btp_expo/1017/thumbnail.jp
Factors influencing the adoption of whole farm plans : a Wairarapa case study : a thesis presented in partial fulfilment of the requirements for the degree of Master in Applied Science in Agricultural Extension at Massey University
Hill country erosion is a serious environmental issue in New Zealand. After widespread damage from storms in 2004, Horizons Regional Council initiated the SLUI programme. This programme relies on whole farm plans (Whole Farm Business Plans) as the core tool to address erosion on hill country farms. Several regional councils in New Zealand, like Horizons, rely on whole farm plans and continue to seek ways to achieve a high level of voluntary adoption by farmers. A single case study was used to examine the phenomena of adoption of whole farm plans. This research answered the question: What factors influence the adoption by farmers of whole farm plans, and why these factors are influential? A review of historical farm plans identified plans most similar to Horizons Whole Farm Business Plans. These were located in the Wairarapa and this formed the case area. Farmers from two catchments in the Wairarapa, and key informants were interviewed to identify factors influencing adoption of farm plans. Findings from this study, in the main, support adoption diffusion literature for agricultural innovations. The specific mix of interrelated factors that influence the adoption of farm plans, and the reasons for their influence, were identified and described. Characteristics of this case included the widespread adoption of farm plans, and farmers' perceived farm plan implementation as secondary to the core farm business. Factors associated with the compatibility of the innovation to the core farm business and the credibility of the organisation delivering farm plans provided important influences on adoption of farm plans. The circumstances of the farmers and their farm did not strongly influence adoption in this study because farm plans are customised and take into account each individual's circumstances. For an innovation such as farm plans that is considered secondary to the core farm business, factors easing implementation were important. This was contributed to by the characteristics of the innovation and by the delivery and support from the organisation. Key people played a significant role in farmers' decisions to adopt a farm plan
On the Costs and Benefits of Aggressive Judicial Review of Agency Action
In this essay, the author undertakes three tasks. The first is to describe some of the difficulties of defining benefits in the setting of judicial review of administrative action. The second task is to offer reasons, though tentative and largely anecdotal ones, for an affirmative answer to the question whether aggressive judicial review has produced net benefits. At the very least, the author suggests, aggressive judicial review has had significant benefits in many settings. The third and final task is to outline some proposals by which to increase the benefits, and decrease the risks, of an aggressive judicial posture in administrative law
Auer Deference: Doubling Down on Delegation\u27s Defects
Together with the better-known Chevron deference rule, the doctrine articulated in Auer v. Robbins two decades agoâwhich makes reasonable administrative constructions of ambiguous administrative rules binding on courts in most circumstancesâhas become a focal point for concerns about the expanding administrative state. Auer deference, even more than Chevron deference, enlarges administrative authority in ways that are at odds with basic constitutional structures and due process requirements. Objections to Auer have provided cogent reasons for why courts should not grant deference to administrative interpretations merely because an agencyâs rule is unclear. The most commonly voiced objections, however, do not explain why Congress should be disabled in all instances from granting administrators discretionary authority over rule interpretationâeven in settings that do not raise serious risks of partiality or unfair surprise in administrative construction. Examining the relationship between statutorily directed deference and constitutional-structural principles clarifies the essential underlying objection to Auer and the limits of that objection. When Congress by law confers discretionary authority that does not exceed its constitutional power to delegate functions to an administrator, courts should respect that assignment of authority, unless it violates other specific constitutional commands. Yet, when delegations are at most only arguably consistent with the Constitution, extending deferenceâespecially expanding deference as Auer does in successive determinationsâexacerbates delegationsâ difficulties. A reinvigorated nondelegation doctrine would solve the major Auer problem directly, and elimination of Auer-like deference would clearly be preferable to retaining the doctrine in its current form. Short of that, demanding that the statutory basis for deference is clearly articulated would provide a modest first step in cabining problems associated with constitutionally questionable delegations of lawmaking authority. Those who embrace the rule of law, whether advocates or opponents of the modern administrative state, should support that step
Looking With One Eye Closed: The Twilight of Administrative Law
n an article published recently in this Journal, Judge Loren Smith calls for a change in the focus of thinking and writing about administrative law. Attractive though his general themes are, in developing them Judge Smith passes much too quickly over two important points: the difficulty of arriving at political consensus, and the importance to political consensus of exactly those processes to which Smith objects
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