Veterans who served our country, return with a wealth of experience that transfer into military credit for prior service. These transfer credits in institutions of higher education apply towards education degree attainment. With colleges and universities implementing individual policies for acceptance of credits, veterans experience a loss of credits leading to a duplication of required classes to achieve degrees. To understand inconsistent practices, both federal and institutions of higher education polices are examined. Framed by institutionalization theory, this research sheds light on the public policy process and administration of credit at the organization over time. The study provides findings for how the largest public college and higher education institution in the state of California awards academic credit for military education. Evidence suggests that public higher education institutions adapt based on effective leaders who define and defend the organization's institutional values and mission. This study provides findings on institutional adaptations to create policies and practices that public administrators use to apply transfer military credit into postsecondary academic credit. The focus is on postsecondary credit transferred, or articulated, by entering military first-year students using the GI Bill. The study asks how have major institutions of higher education formalized institutional policies and practices on awarding academic credit for military education? / Doctor of Philosophy / This study provides findings on institutional adaptations to create policies and practices that public administrators use to apply transfer military credit into postsecondary academic credit. The focus is on postsecondary credit transferred, or articulated, by entering military first-year students using the GI Bill. The study asks how have major institutions of higher education formalized institutional policies and practices on awarding academic credit for military education?

The focus of this discussion is whether there is still the need to enforce the restraint of trade agreements in their pre-Constitutional form. The dawn of the constitutional era has necessitated a re-examination of common law with a view to establishing whether the balance created by the latter (regarding this field) still exists. The Bill of Rights has obviously raised some doubts regarding the equilibrium desired between employer and employee interests. Section 22 of the Constitution is to the effect that everyone must be free to secure employment (as a fundamental right), whereas the common law restraint of trade agreements impose some bars to the operation of the said right. It is common course that the Constitution is more superior to common law, what remains a debateable issue is whether there are any reasonable limits that must be considered to justify the disregard of the Constitution. Serious arguments around the direct and indirect application of the Bill of Rights still persist and failure to resolve them would have the effect of excluding or weakening the application of the Bill to disputes arising in this field. In common law the enforcement of restraint agreements is sine qua non for the greater good of protecting the sanctity of contracts. Contractual obligations must be fulfilled unless it would be unreasonable to enforce same. The question of the onus to prove unreasonableness, which lies with the employee, turns to place an onerous burden on the employee. This coupled with the employee’s weaker bargaining power raises doubts as to whether the employee is in a better position to conclude a restraint of trade agreement. Common law does not consider or accommodate this concern in that its main object is the fulfilment of the agreement. It is believed that the Constitution has ushered in a new approach which focuses mainly on the fairness of the agreement itself. The enforcement of the agreement must pass the constitutional muster built in section 22 in order to ensure that there is equilibrium between the employer (the restrainor) and employee (the restrainee) interests. In the end this discussion explores whether it is justifiable to subject the Right to work (as provided by the Constitution) to the common law restraint which is opposed to the constitutional right. The circumstances under which the exclusion of section 22 is condonable are interrogated within the framework of conflicting case law. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

The focus of this discussion is whether there is still the need to enforce the restraint of trade agreements in their pre-Constitutional form. The dawn of the constitutional era has necessitated a re-examination of common law with a view to establishing whether the balance created by the latter (regarding this field) still exists. The Bill of Rights has obviously raised some doubts regarding the equilibrium desired between employer and employee interests. Section 22 of the Constitution is to the effect that everyone must be free to secure employment (as a fundamental right), whereas the common law restraint of trade agreements impose some bars to the operation of the said right. It is common course that the Constitution is more superior to common law, what remains a debateable issue is whether there are any reasonable limits that must be considered to justify the disregard of the Constitution. Serious arguments around the direct and indirect application of the Bill of Rights still persist and failure to resolve them would have the effect of excluding or weakening the application of the Bill to disputes arising in this field. In common law the enforcement of restraint agreements is sine qua non for the greater good of protecting the sanctity of contracts. Contractual obligations must be fulfilled unless it would be unreasonable to enforce same. The question of the onus to prove unreasonableness, which lies with the employee, turns to place an onerous burden on the employee. This coupled with the employee’s weaker bargaining power raises doubts as to whether the employee is in a better position to conclude a restraint of trade agreement. Common law does not consider or accommodate this concern in that its main object is the fulfilment of the agreement. It is believed that the Constitution has ushered in a new approach which focuses mainly on the fairness of the agreement itself. The enforcement of the agreement must pass the constitutional muster built in section 22 in order to ensure that there is equilibrium between the employer (the restrainor) and employee (the restrainee) interests. In the end this discussion explores whether it is justifiable to subject the Right to work (as provided by the Constitution) to the common law restraint which is opposed to the constitutional right. The circumstances under which the exclusion of section 22 is condonable are interrogated within the framework of conflicting case law. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

In the sea trade, the traditional paper-based bill of lading has played an important role across the globe for centuries, but with the advent of advanced commercial modes of transportation and communication, the central position of this document is under threat. The importance of the bill of lading still prevails as does the need of the functions that this document served in the past, although in a changed format. In the recent past, the world has witnessed a lot of debate about replacing this traditional paper-based document with an electronic equivalent that exhibits all of its functions and characteristics, both commercial and legal. More specifically, unlike many rival travel documents, such as the Sea Waybill, a bill of lading has two prominent features, that is to say, its negotiability and its acceptability as a document of title in certain legal jurisdictions that are required to be retained in an electronic bill of lading so as to also retain the prominence of this document in the future landscape. This thesis is, however, more concerned about the legal aspects of adopting the electronic bill of lading as a traditional paper-based legal document as well as an effective legal document in the present age. However, the scope of this debate remains primarily focused on the USA and UK jurisdictions. In the course of this thesis, it is observed that, in the past, the bill of lading has been subject to a variety of international regimes, such as The Hague Rules and The Hague-Visby Rules, and presently efforts are being made to arrive at a universal agreement under the umbrella of The Rotterdam Rules, but such an agreement is yet to arrive among the comity of nations. On the other hand, efforts made by the business community to introduce an electronic bill of lading are much louder and more evident. The private efforts, such as the SeaDocs System, CMI Rules, and the BOLERO Project, etc., were, however, received by the fellow business community with both applause as well as suspicion. At the same time, there are a number of concerns voiced by the international business community on the legislative adoptability in national and international jurisdictions and the courts’ approach in adjudicating cases involving electronic transactions and these are making the task of adoption of electronic bill of lading in the sea-based transactions a difficult task. Therefore, in the absence of any formal legal backing from national and international legislations, these attempts could not achieve the desired results. In this thesis, the present situation of the acceptability of electronic transactions in general, and of the electronic bill of lading specifically, has also been discussed with reference to certain national jurisdictions, such as Australia, India, South Korea and China, in order to present comparative perspectives on the preparedness of these nations. On the regional level, the efforts made by the European Union have also been discussed to promote electronic transactions within its jurisdiction. All the discussion, however, leads to the situation where the level of acceptability of electronic bill of lading in the near future is found to be dependent upon the official efforts from the national governments and putting these efforts towards arriving at an agreement on Rotterdam Rules as early as possible. The other area of importance revealed in this thesis is the need for change in juristic approach by the courts while interpreting and adjudicating upon cases involving electronic transactions. On the whole, this thesis has provided a cohesive and systematic review, synthesis and analysis of the history of the bill of lading, its importance as a document of title, and attempts to incorporate its important functions within the fast-paced electronic shipping commerce of today. In such a way it has provided a valuable contribution to the literature by providing a comprehensive resource for jurists, policy-makers and the business community alike, as they work towards adapting the bill of lading so that it might be successfully applied in electronic form.

Tudo começou em 2006, quando estagiário de um escritório de advocacia de São Paulo. Já havia passado algumas horas debruçado sobre centenas de Conhecimentos de Embarque e recebendo ligações de bancos estrangeiros que solicitavam o endosso daqueles documentos. Eu me questionava: que documento era aquele que exigia tanto cuidado quanto uma nota promissória original? Por que era tão importante para um banco que o endossássemos rapidamente? Eis que me surge um convite de viagem para conhecer um escritório de advocacia por algumas semanas em Londres. A experiência, por ora um tanto empolgante e aventureira para um jovem de 21 anos, possibilitou um contato frutífero com uma matéria muito específica do Direito Comercial: a natureza jurídica do Conhecimento de Embarque, nos países de língua inglesa chamado de Bill of Lading. Em muitos países, como no Brasil, é um tema pouco explorado, porém na Inglaterra, com seu rico passado de potência marítima durante séculos, é tema de bastante relevo e discussão nas altas cortes. Esta experiência e o contato com a matéria me trouxeram a vontade de poder aplicar em nosso país o aprendizado lá adquirido. Assim, uma dúvidasurgia: por que o Brasil, com o imenso território que tem banhado pelo mar, não é desenvolvido o bastante nesse tema? Por que não chegam aos nossos Tribunais as relevantes discussões sobre o Conhecimento de Embarque? Os próximos anos demandarão do Brasil uma grande mudança. A Copa do Mundo de 2014 e os Jogos Olímpicos de 2016 no Rio de Janeiro exigirão do Brasil quantias vultosas de investimento em infraestrutura e transportes. O comércio marítimo entre o Brasil e os demais países aumentará significativamente com estes eventos de ordem global. Até lá, teremos que estar preparados para esta demanda. E como toda exigência econômica demanda uma exigência jurídica, precisamos reformular os nossos conceitos de Direito Comercial e entender melhor a natureza jurídica do Conhecimento de Embarque, documento que ampara juridicamente as transações comerciais marítimas desde os tempos mais remotos. A conjunção do novo contexto econômico brasileiro com o interesse pela matéria relativa ao Conhecimento de Embarque, despertado desde a época de estudante de Direito, impulsionou o propósito deste trabalho, que tem por objetivo estudar a natureza jurídica do Conhecimento de Embarque sob a ótica da legislação pátria. A legislação brasileira é muito incipiente acerca do tema. Em comparação a diversas legislações estrangeiras, ainda engatinhamos sobre o assunto. Dentre as questões que se pretende ver elucidadas, enfatiza-se: (i) a característica contratual do Conhecimento de Embarque; (ii) a natureza de título de crédito do Conhecimento de Embarque e sua evolução para a versão eletrônica; (iii) o caráter de instrumento internacional que deve satisfazer às partes de diferente nacionalidades; (iv) a utilização em operações de financiamento como garantia real durante o percurso em que a mercadoria transita pelo mar; e, até mesmo (v) o caráter tributário que o Conhecimento de Embarque adquiriu em nosso país. Em suma, pretende-se com este trabalho tentar consolidar o conceito jurídico do Conhecimento de Embarque no Brasil, para que esse instrumento deixe de ser pouco discutido em nosso país e adquira a importância que lhe é devida e que há séculos em outros países já lhe é atribuída / It all began in 2006, when I was a trainee at a Law office in São Paulo. I have already spent hours and hours in front of hundreds of Bills of Lading and receiving calls from foreigner Banks which demanded the endorsement of that document. I used to question myself: What kind of document was that which needed me to be careful as if I was dealing with an original Promissory Note? Why it was so important to a Bank to endorse that document as fast as possible? An invitation to me was made to get to know a law office for some weeks in London. That experience, such exciting and adventurous for a young man of 21 years, made possible a fruitful contact with a very specific theme of Commercial Law: the legal nature of the Conhecimento de Embarque, in the countries of English law known as Bill of Lading. In many countries, such as in Brazil, it is not a theme so much explored, otherwise in England, with its rich history as a maritime power for centuries, it is a very important theme that is also discussed commonly in the High Courts. This experience and contact with this theme made me wonder how could I apply in Brazil the knowledge there acquired. Therefore, a doubt was in my mind: Why Brazil, with its big territory bathed by the sea, is not so developed enough in this subject? Why relevant discussions regarding the Bill of Lading do not arrive in our Courts? The next years will demand from Brazil a big change. The world cup in 2014 and the 2016 Olympic Games in Rio de Janeiro will require from Brazil huge amounts of investments in infra-structure and transportation. The maritime commerce between Brazil and other countries will raise significantly with this two events of global order. Until there, we must get prepared to this challenge. And as all economic requirement demands a law requirement, we need to reshape our concepts of Commercial Law and get to know better the legal nature of the Bill of Lading, the document that legally supports the maritime commercial transactions since the most ancient times. The combination of this new Brazilian economic context and the interest for the theme of the Bill of Lading awakened since when I was a law student boosted the purpose of this work, which aims to study the legal nature of the Bill of Lading in a perspective of Brazilian legislation. Brazil legislation is very weak in this subject. In comparison to other foreigner law, we still crawl about this theme. Among the questions that are intended to be elucidated, it must be highlighted: (i) the contractual characteristic of the Bill of Lading; (ii) the nature of negotiable instrument and its evolution to the electronic version; (iii) the characteristic of international instrument that need to satisfy the parties of different nationality; (iv) the use in financing transaction as a collateral for the route where the goods are being transported by the sea and, also; (v) the tax characteristic that the Bill of Lading acquired in our country. As a conclusion, the purpose of this work is to try to consolidate the legal concept of the Bill of Lading in Brazil, so that this instrument ceases to be little discussed in our country and get the importance that it already has for centuries in other countries.

O objetivo deste trabalho é examinar o seguro de riscos de engenharia como instrumento para o desenvolvimento. A perspectiva adotada é a da articulação entre direito e economia política: parte-se da ideia de que as categorias jurídicas instauram determinada economia política. Nesse sentido, os contratos de seguro serão entendidos de forma indissociada das operações comunitárias em que se encerram e de sua especial tarefa de reorganização social e econômica. A função social dos contratos de seguro é revelada como conteúdo obrigatório da própria autonomia da vontade atinente a esses contratos. A relação entre seguro e desenvolvimento é ainda mais evidente nos seguros de risco de engenharia, objeto específico deste trabalho. Institucionalizada desde a década de 1930, a função desenvolvimentista desses seguros tem seu declínio a partir dos anos 1970 com nítida agravação no ano de 2007, quando ocorre a abertura do mercado brasileiro de resseguro. Defende-se a tese de que a legislação brasileira sobre seguro de risco de engenharia é inadequada, atuando de forma impeditiva do desenvolvimento nacional. A principal razão para isso está na perda paulatina de conteúdo desses seguros, em parte promovida pelo próprio Estado, capturado pelos interesses dos empresários do setor. A tentativa de anulação da teoria do interesse consagrada não só na longeva praxe dos seguros, como pela doutrina nacional e estrangeira e plasmada no art. 757 do Código Civil, é um dos principais argumentos explorados. Por fim, são apresentados dispositivos do Projeto de Lei do Senado n. 477/2013, que procura trazer para o sistema de direito positivo a primeira lei de contrato de seguro da história brasileira, com o objetivo de reordenar as relações contratuais, eliminando as principais práticas desfuncionalizadoras e em busca dos escopos fixados na Constituição de 1988. / The aim of this study is to examine engineering risk insurance as an instrument of development. The perspective adopted here is an articulation between Law and Political Economy, beginning with the idea that legal categories determine political economy. In this sense, insurance contracts are construed as non-dissociated from the community operations to which they belong and from their special task of social and economic reorganization. The social function of insurance contracts is seen as an inexorable part of the autonomous will involved in such contracts. The relationship between insurance and development is even more evident in engineering risk insurance, which is the specific object of this study. Having been institutionalized since the 1930s, the developmental function of this type insurance began to decline in the mid-1980s, and clearly worsened in 2007, when the Brazilian reinsurance market was opened. We propose that the Brazilian legislation on engineering risk insurance is inadequate and acts as an impediment to national development. The main reason for this is the gradual loss of content in this type of insurance, in part promoted by the State itself, captive to the interests of industry executives. The attempt to nullify the theory of interest well established not only in longstanding insurance practice, but also in national and international tenets, and shaped by Article 757 of the Brazilian Civil Code is one of the main arguments explored here. Finally, we present some provisions of Senate Bill no. 477/2013 that seeks to incorporate into the system of positive law Brazils first law of insurance contract, the aim of which is to reorder contractual relations by eliminating the major defunctionalizing practices, in keeping with the intentions of the 1988 Constitution.

by Chan Kit Ping, Wendy. / Includes questionnaire in Chinese. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1994. / Includes bibliographical references (leaves 50-52). / ABSTRACT --- p.ii / TABLE OF CONTENTS --- p.iv / LIST OF FIGURES --- p.vi / LIST OF TABLES --- p.vii / ACKNOWLEDGEMENT --- p.viii / Chapter / Chapter I. --- INTRODUCTION --- p.1 / Chapter II. --- FACTORS THAT CONTRIBUTE TO THE DEVELOPMENT OF TELEPHONE BANKING SERVICE IN HONG KONG --- p.7 / High Telephone Usage in Hong Kong --- p.7 / Telephone Banking Service as Differentiation Weapon --- p.8 / Hectic Life Style of Hong Kong People --- p.8 / High Property Prices in Hong Kong --- p.8 / Labor Shortage in Hong Kong --- p.9 / Chapter III. --- INDUSTRY REVIEW --- p.10 / Development of Telephone Banking Service in Hong Kong --- p.10 / Procedure of Using Telephone Banking Service --- p.12 / Variants of Telephone Banking Services --- p.16 / Chapter IV. --- LITERATURE REVIEW --- p.20 / Adoption of a Service Innovation --- p.21 / Adoption of New Banking Technology --- p.21 / Hypotheses Setting --- p.25 / Chapter V. --- RESEARCH METHOD --- p.27 / Research Information Needed --- p.27 / Research Design --- p.29 / Demographic Characteristics of the Sample --- p.33 / Chapter VI. --- RESEARCH ANALYSIS --- p.34 / Awareness of Telephone Banking Service in Hong Kong --- p.34 / Way of Learning about Telephone Banking Service --- p.34 / Adoption of the Service --- p.35 / Reasons for Using the Service --- p.35 / Frequency of Using Telephone Banking Services --- p.36 / Most Frequently Used Services --- p.36 / Satisfaction Level of Users --- p.37 / Reasons for Not Using the Service --- p.37 / Attitude Towards Telephone Banking Service --- p.37 / Psychographic Characteristics of Users vs Non-users --- p.38 / Chapter VII. --- RECOMMENDATIONS --- p.40 / Ways to Recruit New Users --- p.40 / Ways to Encourage More Usage from Existing Users --- p.43 / Operational Recommendations --- p.44 / Chapter VIII. --- LIMITATIONS AND SUGGESTIONS --- p.46 / Questionnaire Setting --- p.45 / Sample Size --- p.47 / The Use of Personal Questions --- p.48 / Suggestions for Future Researches --- p.48 / BIBLIOGRAPHY --- p.50 / APPENDIX --- p.53 / Questionnaire --- p.53 / Figures 1-13 --- p.63-80 / Tables 1-13 --- p.81-93

<p>I december 2003 gick filmen <i>Kill Bill</i> upp på biograferna med ett våldsamt och blodigt innehåll. Reaktionerna blev starka, vilket kan bero på att <i>Kill Bill</i> är en actionfilm där kvinnorna har en annan roll än den lättklädda medhjälparen. Då kvinnorna står i fokus var filmen som gjord för en analysav hur just kvinnan gestaltas i filmens värld. Syftet med uppsatsen är att undersöka om de patriarkala strukturerna förändras när typiskt manliga roller intas av kvinnor. Analysen inriktar sig främst på filmen <i>Kill Bill</i>, men diskuterar också det sammanhang i vilket filmen skapats och lanserats det vill säga filmindustrin i Hollywood som knappast gjort sig känd för några jämställdhetssträvanden. In December 2003 the movie <i>Kill Bil</i>l premiered.</p> / <p>The reactions to its violent and bloody plot were strong, perhaps because <i>Kill Bill </i>is a film where women play different roles than the usual "sexy assistant", thus also making it suitable for an analysis of how women are represented on screen. The purpose of this thesis is to examine whether the patriarchal structures do change when the typical male part is given to by women characters. The analysis is mainly concentrated on the film <i>Kill Bill</i>, but will also discuss the context in which it was made - the Film Industry in Hollywood which has hardly been known for any ambition to achieve gender equality.</p>

Bill C-25, The Truth in Sentencing (TIS) Act legislates the reduction of credit awarded for time served in pre-sentencing custody. The Act is but one initiative that reflects a shift toward punitiveness by the West. In reading the literature, a gap was identified concerning TIS activities in relation to the current Canadian predicament of crime control, and a socio-legal perspective provided a creative means of looking at this gap. The primary data was coded and analyzed using sensitizing categories derived from a leading theoretical framework. This framework posited the existence of conflicting criminologies and resulting strategies together forming the present regime of truth. This thesis concludes that 'truth' in sentencing is premised upon contradictory understandings as defined by the framework, that conflicting rationalities are reproduced within TIS and that although the Act is touted as an administrative reform, it also reasserts sovereign power over issues of crime and its control.

I december 2003 gick filmen Kill Bill upp på biograferna med ett våldsamt och blodigt innehåll. Reaktionerna blev starka, vilket kan bero på att Kill Bill är en actionfilm där kvinnorna har en annan roll än den lättklädda medhjälparen. Då kvinnorna står i fokus var filmen som gjord för en analysav hur just kvinnan gestaltas i filmens värld. Syftet med uppsatsen är att undersöka om de patriarkala strukturerna förändras när typiskt manliga roller intas av kvinnor. Analysen inriktar sig främst på filmen Kill Bill, men diskuterar också det sammanhang i vilket filmen skapats och lanserats det vill säga filmindustrin i Hollywood som knappast gjort sig känd för några jämställdhetssträvanden. In December 2003 the movie Kill Bill premiered. / The reactions to its violent and bloody plot were strong, perhaps because Kill Bill is a film where women play different roles than the usual "sexy assistant", thus also making it suitable for an analysis of how women are represented on screen. The purpose of this thesis is to examine whether the patriarchal structures do change when the typical male part is given to by women characters. The analysis is mainly concentrated on the film Kill Bill, but will also discuss the context in which it was made - the Film Industry in Hollywood which has hardly been known for any ambition to achieve gender equality.