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O administrador judicial na recuperação judicial e na falência / The role of the judicial administrator in reorganization and bankruptcyBernier, Joice Ruiz 15 September 2014 (has links)
A presente dissertação de mestrado tem por escopo a análise do administrador judicial na recuperação judicial e na falência, de acordo com a Lei nº 11.101/05. Entre as grandes mudanças advindas com a introdução da citada lei, está a figura do administrador judicial, em substituição à do antigo comissário da concordata e do síndico na falência. Não obstante serem aplaudidas muitas das alterações já incorporadas há quase 10 (dez) anos, o regime jurídico do administrador judicial não é isento de problemas e lacunas, ainda não discutidos na sua totalidade pela doutrina e jurisprudência pátria. De fundamental importância o entendimento desta figura jurídica para que as demais inovações constantes da lei sejam aplicadas de forma completa e eficaz, atingindo-se, assim, seus fins primordiais. Para tanto, iniciamos com um breve estudo das soluções possíveis para as empresas em crise, com base na Lei nº 11.101/05, traçando os seus pontos mais significativos e que tenham relação com o tema proposto (capítulo 1). Apresentamos uma breve análise histórica da figura do agora denominado administrador judicial, com base na legislação e na doutrina brasileira (capítulo 2). O estudo prossegue analisando a natureza jurídica do administrador judicial. Serão analisados também os pressupostos legais, impedimentos e o critério discricionário do juízo para a sua nomeação, com a confrontação do direito comparado. Discorremos sobre os deveres e as atribuições do administrador judicial, instituídos pela Lei nº 11.101/05, tanto na recuperação judicial como na falência, inclusive para a hipótese de prosseguimento da atividade negocial na falência. Estudamos a responsabilidade do administrador judicial segundo a legislação e jurisprudência pátrias, especialmente nas esferas cível, penal e tributária. Também tratamos das hipóteses e respectivas consequências da substituição e destituição do administrador judicial, disciplinadas na Lei nº 11.101/05, e os critérios legais para a sua remuneração (capítulo 3). A dissertação termina com as considerações finais em relação ao estudo realizado (capítulo 4). / This masters degree thesis examines the role of the judicial administrator in reorganization (judicial recovery) and bankruptcy procedures, according to Law 11.101/05. Among the important changes brought by the enactment of this law is the figure of the judicial administrator, substituting the former trustee in moratorium (concordata) and bankruptcy procedures. Although it is acknowledged many improvements introduced by the new regime almost ten years ago, the role of the judicial administrator is not exempt from problems and gaps, which so far have not been fully discussed by the doctrine and jurisprudence. It is of fundamental importance to understand this legal figure for the other innovations contained in the law to be completely and effectively applied, to reach the main goals of the law. For this purpose, we start with a study of the possible solutions available to distressed companies, based on Law 11.101/05, tracing out its most significant points that are related to the theme (chapter 1). Then we present a brief historical analysis of the figure now called the judicial administrator, in light of Brazilian legislation and doctrine (chapter 2). The study continues with the analysis of the legal nature of the judicial administrator (chapter 3). In this chapter, we also analyze the legal prerequisites, impediments and discretionary criteria for appointing people to this position, in light of comparative law. We examine the duties and powers of judicial administrator, as established by Law 11.101/05, both in reorganization and bankruptcy, including the possibility of continuing the companys business activity during the bankruptcy process. Another aspect examined is the potential liability of the judicial administrator according to the nations legislation and jurisprudence, especially in the civil, criminal and tax areas. We also cover the situations and respective consequences of the replacement and removal of the judicial trustee in accordance with Law 11.101/05, and the legal criteria for his remuneration (chapter 3). The dissertation concludes with final remarks regarding the study (chapter 4).
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The effectiveness of four selected methods of administrator-to-student body communication as perceived by administrators and studentsLeonard, Charles D. 03 June 2011 (has links)
The study was based on examination of four selected methods of administrator-to-student body communication utilized in twenty central Indiana high schools. Student handbooks, school newspapers, special bulletins, and daily announcements were the methods examined. The study was designed to yield empirical data with regard to the effectiveness of the four selected methods as perceived by administrators and students.Parallel instruments were given to all administrators and to a sample of tenth, eleventh, and twelfth grade students in each of the twenty schools. Personal interviews were conducted with each of the principals.Findings in the study were based on data obtained from the administrator and student surveys and from the interviews with principals.1. On each of the survey items administrators and students generally agreed on which method was most effective to distribute a particular type of information.2. School newspapers were not a primary method of administrator-to-student body communication in any of the schools.3. Reading announcements twice daily rather than once made little or no difference in the amount of information received by students.4. Little or no difference existed in the reported amount of information received from daily announcements in schools where students did the reading compared to schools where administrators read.5. In the one school where daily announcements were read in the classrooms by teachers rather than over the public address system, the reported amount of information received was clearly less than in those schools using the public address system.6. No one method of communication produced student reports of information received which were clearly higher than the other methods.7. Administrator estimates of the amount of information received by students were consistently higher than the amounts actually reported by students.Conclusions1. No one method of communication is consistently more effective than the others.2. Administrators are inclined to overestimate the amount of information received by students.ImplicationsWhile conclusions based on empirical data were limited, several implications were generated as a result of conducting the study. In the course of visiting twenty schools and interviewing administrators in the twenty schools, several observations were made about situations and patterns which were present when students reported high amounts of information received. The patterns were consistent even when communication methods differed.The effectiveness of administrator-to-student body communication does not appear to be controlled by chance or luck. In schools where students reported high amounts of information received, the principals viewed the communication process as important to the success of the school. The principals, through planning and attention to detail, set a communication tone which was clear to teachers and students alike. The methods differed from school to school but in those schools where student responses indicated effective communication was being achieved, more attention to the process by administrators was observed as a general condition.In schools where student responses indicated that less information was received, principals often stated the position that communication was important but when the total process was studied, communication efforts lacked coordination and direction.In summary, planning commitment, and coordination appear to be necessary ingredients regardless of which communication method is used. Without such ingredients, none of the methods is likely to succeed.
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NCAA Division I Student-Athlete and Athletic Administrator Perceptions of Social Support in the Athletic Department at One University in the Northwestern United StatesRothberg, Ami Lynn 2011 May 1900 (has links)
Student-athletes' and athletic administrators' perceptions of available and accessible social support in the athletic department are explored. Interviews were conducted with three athletic administrators whose job responsibilities are most focused on student-athlete welfare and 13 student-athletes from a NCAA Division I University from the Pacific Ten Conference in the Northwestern United States chosen from a purposive sample based on demographic characteristics and nominations. Interviews were conducted with participants until informational redundancy was achieved. The university was chosen based on diversity of student-athletes, proximity to researcher, and access granted to student-athletes for interviews. Interview questions were based on the psychosocial model of development. Data from interviews were analyzed thematically using five dimensions of social support to examine the differences and similarities between the types of support identified as available and accessible by student-athletes and athletic administrators. From the 13 student-athletes and three athletic administrators that were interviewed, 38 categories were identified in the themes of emotional support, instrumental support, informational support, appraisal support, and lack of support. Student-athletes identified 29 categories in the five themes and athletic administrators identified 19 categories in the five themes. Similarities between student-athletes and athletic administrators were found in 14 categories. Student-athletes identified 13 categories that athletic administrators did not and athletic administrators identified six categories that student-athletes did not. Implications of the results for student-athletes and athletic administrators are discussed.
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Perceptions of Administrators on the Use of Distance Education in Texas Public SchoolsRabroker, Raymond Bernard Jr. 2011 December 1900 (has links)
The purpose of this study was to determine the perceptions of school administrators about the use of distance education in Texas public schools. A mixed-method research design was used to determine if these administrators' perceptions were barriers to the implementation of distance education. The study included a series of 17 interviews with school principals and superintendents. Based on these interviews, a survey instrument was developed and sent to a larger sample of administrators. The sample population for the survey comprised administrators from three Education Service Centers in Texas. Results of the qualitative interviews and of the quantitative survey indicated that distance education has the potential to provide greater flexibility in offering high quality coursework and activities. However, administrators perceived that they lack control of these programs, and that the number of students who excelled in distance education was limited. Additionally, administrators perceived that distance education courses were not as good as traditional courses while admitting to a lack of knowledge about distance education. Overall, administrators who believed they had the support of their local school boards were most likely to implement distance education in their districts.
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Attrition of beginning teachers and the factors of collaboration, school level, and school settingHaun, Dwight D., January 2003 (has links)
Thesis (Ed. D.)--University of Missouri-Columbia, 2003. / Typescript. Vita. Includes bibliographical references (leaves 111-131). Also available on the Internet.
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Attrition of beginning teachers and the factors of collaboration, school level, and school setting /Haun, Dwight D., January 2003 (has links)
Thesis (Ed. D.)--University of Missouri-Columbia, 2003. / Typescript. Vita. Includes bibliographical references (leaves 111-131). Also available on the Internet.
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COMPARATIVE PERSONALITY VARIABLES, PROFESSIONAL PRACTICES, OPINIONS AND ATTITUDES IN SOUTHERN ARIZONA HIGH SCHOOL ADMINISTRATORS AND TEACHERS OF PERFORMING GROUPS IN VOCAL AND INSTRUMENTAL MUSICFunk, William Russell, 1924- January 1973 (has links)
No description available.
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VÄGAR TILL REFLEKTION : Avdelningschefers uppfattningar inom somatisk omvårdnadÜberbacher, Ewa January 2010 (has links)
De senaste årens strukturella förändringar i svensk hälso- och sjukvård har påverkat vårdpersonalen i det sjukvårdande arbetet såväl fysiskt och psykiskt. Kontinuerlig återkoppling genom reflektion kan vara ett verktyg för avdelningschefen att leda utveckling, lärande och förnyelse i omvårdnadsarbetet. Studiens syfte var att genom fenomenografisk ansats beskriva avdelningschefers uppfattningar av reflektion i omvårdnadsarbete.Analysen av 15 intervjuer resulterade i fem beskrivningskategorier av reflektion: kunskapsintegrerande, bearbetande, utvecklande, arbetsledande och patientinriktad. Den kunskapsintegrerande reflektionen fångar studenternas utbildning som kan användas i omvårdnadsarbetet. Genom bearbetande reflektion skapas en fortlöpande tankeprocess av omvårdnadsarbetet. I utvecklande reflektion stärktes medarbetare genom att samtala med varandra. Arbetsledande reflektion beskrevs som ett eget forum för att bearbeta chefsrollen. Patientinriktad reflektion lyfte fram patientens delaktighet. Slutsatsen var att avdelningscheferna använde reflektion på olika nivåer och i olika sammanhang. Reflektionen visade sig betydelsefull för omvårdnadsarbetet. Studiens resultat kan bidra till ökad kunskap för att utveckla ledarskapet i riktning mot bättre arbetsmiljö och patientsäkerhet. Fortsatt forskning borde inriktas på interventionsstudier med reflektion i fokus. / Continuous feedback through reflection can be used as a tool by the department head for leading the development, learning and innovation in nursing work. The aim of the study was to describe the department heads´perceptions of reflection in nursing care by a phenomenographical approach. The analysis of 15 interviews resulted in five description categories of reflection. Knowledge integral reflection captures students´training that can be used in nursing work. Processing creates a continuous thought process in nursing work. Reflection development was reinforced among employees when talking to each orther. Managerial reflection was described as a separate forum in the process manager role. Patient-oriented reflection highlighted the patient´s participation. The conclusion was that department heads used reflection on different levels and in different contexts. Reflection proved important in nursing care. Study findings may help to increase knowledge in order to develop leadership whick leads to beter quality of care and patient safety. Continued research should focus on intervention studies with an emphasis on reflection.
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The Revolving Door: How Leaders Push Teacher TurnoverMiller, Suzanne B 13 December 2010 (has links)
THE REVOLVING DOOR: HOW LEADERS PUSH TEACHER TURNOVER
by
Suzanne Kay Bryant Miller
In today’s age of accountability leaders of schools cannot afford to lose quality teachers. The No Child Left Behind Act of 2001 requiring schools to staff all classrooms with “highly qualified teachers” creates a major challenge. Today, more than ever, school systems need to retain their experienced and effective teachers.
While many reasons have been attributed to the revolving-door phenomenon known as teacher turnover, this research suggests that school leaders’ behaviors play a major role in the issue. This qualitative inquiry focused on the perceptions of veteran teachers who have migrated from one school to another, having indicated that their primary reason for migrating was because of their leader’s behavior. The following research questions guided the study:
• What were the perceptions of migrating teachers, regarding their previous leader’s behaviors, qualities and attributes, at his/her former school?
• How did these perceptions influence the teacher’s desire to migrate to another school?
• Was there anything that the leader could have done differently that would have made the migrating teacher stay?
Data was gathered through individual interviews, emails, and focus group discussions. The data was then analyzed qualitatively using an interpretivist theory (LeCompte & Schensul, 1999) to address the research questions, and a constant comparative method to determine patterns and themes (Merriam, 2009). Trustworthiness was established through attention to credibility, transferability, dependability, and confirmability (Lincoln & Guba, 1985).
The results of my study identified three main areas of leadership behaviors which teachers indicated directly influenced their decisions to migrate. These three areas were the leaders: (1) Lack of Knowledge of the Business of School-the leader’s lack of skills needed (a) to be supportive, (b) to make connections and build relationship, and (c) to transform school into an effective community; (2) Lack of Professionalism- the leader’s lack of (a) respect, (b) trust, and (c) consistent behavior; and (3) Lack of Personal Morals. While other studies on teacher turnover showed a link between leadership and teacher turnover (Barnett & Berry, 2002; Eggen, 2002; Gonzalez et al., 2008; Hirsch & Emerick, 2007; Thornton et al., 2007), my study revealed specific leadership behaviors that pushed teachers to migrate.
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Student participation in the decision-making process as perceived by Indiana public secondary school principalsJohnson, Larry L. January 1973 (has links)
The purpose of the study was to compare preferred with actual student participation in the decision-making process as perceived by Indiana public secondary school principals.
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