2,513 research outputs found

    Compulsory Arbitration - What Is It?

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    The identification of arbitration as it is constituted in legal lore is not very difficult. There is a near consensus of judicial utterances and statutory provisions posing it as a process for hearing and deciding controversies of economic consequence between parties. It begins with and depends upon an agreement between the parties to submit their claims to one or more persons chosen by them to serve as their arbitrator. The identification of compulsory arbitration is more difficult; it is more elusive. The instances or particulars of compulsion as covered by the name compulsory arbitration in legal lore, vary substantially. They are to be found in different statutes. The administration of these compulsions and the consequences of disregarding them also are variable. Joinder of any of these instances or particulars of compulsion with arbitration seems to serve no useful purpose in evaluating their legality. Some of them appear to be an anathema to parties in interest and to politicians. Other and different instances have been cited as praiseworthy. Arbitration does not count for much in resolving these likes and dislikes

    Appraisals of Loss and Damage Under Insurance Policies

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    Some Confusing Matters Relating to Arbitration in Washington

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    A review of the case law and statutes of the state of Washington relating to arbitration points up several issues which are of importance to those who may become concerned with arbitrations in the state of either commercial or labor controversies. Some of these issues result from the views which were advanced by the supreme court relating to the arbitration statute of 1881. These issues are still open, although that statute was repealed by the present act, which was originally enacted in 1943. Other uncertainties inhere in the views which have been advanced by the court since the enactment of the present arbitration statute, and still others relate to the intent of the statute after the 1947 amendment of the first section. These matters of uncertainty are bound to plague any lawyer who is called upon to advise any client whether or not to enter upon any arbitration agreement or upon any arbitration. And in the case of employees (or their union) and employers who would agree upon grievance machinery and arbitration provisions in their collective agreements, there is question whether or not their agreement or any arbitrations or awards thereunder will be honored by the courts. These questions may be summarized as follows: 1. Does the present arbitration statute operate to exclude common law arbitration, or may the parties elect to arbitrate under the statute or at common law? 2. May employers and their employees (or their unions) qualify their agreements for grievance procedures and arbitration under the present statute? What are the consequences of their arbitration agreements and any arbitrations and awards thereunder

    Appraisals of Loss and Damage Under Insurance Policies

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    Career progress and career barriers: Women MBA graduates in Canada and the UK

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    This article explores the career progress of female MBA graduates in Canada and the UK and the nature of career barriers experienced in each context. Results suggest that while Canadian women have similar career profiles to men, women in the UK lag behind their male counterparts after graduation from the course. At the same time, UK women encounter more intractable career barriers in the form of negative attitudes and prejudice. A model of the ‘MBA effect’ is proposed in terms of how the qualification may impact on career barriers. This incorporates three different types of barriers which are seen to operate at the individual level (person centred barriers) and at the intermediate/organizational level (organizational culture and attitudes, corporate practices) as well as, at the macro level, the impact of legislative frameworks. Results from the UK and Canadian surveys are discussed in relation to this model and in the context of feminist theory and women in management literature

    A review of Women Abuse in Rural Places, by Walter S. DeKeseredy

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    Career development in African librarianship

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    African librarians need to embrace enormous changes in technology and in social and economic circumstances during the course of their careers, but the methods that the profession should use to renew itself are not clear. At present the emphasis is on the possession of diplomas and degrees, but there is no special reason to believe that adding a second (master’s) degree to a bachelor’s in LIS appreciably increases the professional expertise of an individual library worker. Furthermore, the PhD (now increasingly sought) is a research degree and of debatable relevance for most kinds of higher library posts. It is argued in this paper that continuing professional development (CPD) is more capable of delivering the necessary new skills and professional orientation. The profession, through its library associations, needs to discuss the problems of career development with policymakers; persuade employers to modify their qualification-based appointment and promotion requirements; and encourage and support professional associations in providing more CPD opportunities.published or submitted for publicationOpe

    What it means to succeed? Managers' conceptions of career success

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    What is success for the manager?, asked the author of the study in an empirical survey from the executives of a big British telecommunications company. The answers led her to the conclusion that the earlier conceived „advancement plans“ are no longer sufficient to reflect the managers4 needs to advance and their visions. Managers think in terms of professional advancement rather than organisational and hierarchical rank

    Producing and performing participation and place with children in two Australian early childhood centres

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    This thesis explores young children, participation and place in two Australian early childhood centres. It responds to Mannion’s (2007) call, over a decade ago, for a shift in early childhood policy, practice and research to move place and space from part of the background to “centre-stage” (p. 406) and to consider the socio-spatial aspects of participation. Few studies have explored the role of place within a participatory agenda and fewer still have done so within early childhood educational settings. This study addresses this gap by exploring the encounters between adults and children in early childhood settings and how the place supports children’s participatory rights. The methodology is located within a critical paradigm and draws on two key research methods: critical ethnography and child focused participatory research workshops. The workshops supported children’s roles as co-researchers utilizing well established child friendly, data generation methods. These approaches were selected because they acknowledge the importance of children’s perspectives and positioned children as active participants within the research. The significant role that the educators and especially the centre leader, played in supporting a participatory pedagogy is explored throughout the thesis. There is a particular focus on the ways in which educators are complicit in enabling or impeding children’s participatory opportunities and how children subvert educator’s regulatory practices and find spaces and places to engage in their own play. The study also considered how attuning to children’s experiences of participation requires educators to be attentive to noticing what children are communicating beyond the verbal through their bodies, their expressions and a host of other sensorial means. Finally, throughout the research journey I came to realise the significance that the place played in shaping the participation process and this too became a central theme. This research took place in two early childhood community-based, not-for-profit preschool centres operating in New South Wales, Australia; the Coastal Centre and Mountain Centre1. In Australia, preschool settings cater for children aged three to six years of age in the years before they commence formal school. The twenty-two key participants included 10 children and one educator from each of the two centres. Findings from the study were explored from three perspectives – place, children and educators
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