The effects of the Darlington case on managements prerogatives was that it spelled out what a multi-plant employer must do in the area of plant closure to avoid violating the National Labor Relations Act of 1935. There was also good evidence brought forth to show that management is now bargaining plant closures with union. Thus the conclusion was made that in the area multi-plant employers had lost some power due to the Darlington Case. The General Case is presently in the Courts and until a final court decision is made it is hard to say what effect it will have on managements prerogatives.

Texte remanié de: Th. doct.--Hist.--Paris 1, 2002. Titre de soutenance : Contribution à l'étude du vocabulaire politique du "Mémorial de Sainte-Hélène. / Bibliogr. p. 357-379. Index.

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Application Engineering is a field where software organizations develop software products from a predefined Software Product Line. The time and cost allotted to come up with a new product variant is limited. Lack of systematic support in testing leads to redundancy. Redundancy in this context can be found in test-cases that do not contribute towards fault-detection and testing leads to an increased testing effort. This thesis work proposes a framework to reduce the testing effort, aimed at avoiding testing redundancy. Feature Model diagrams have been constructed from the assumed specification requirements. These Feature Model diagrams have been used to derive test models such as Object Model diagram and State Chart diagram. Unit testing and System testing have been performed on test models to obtain test cases that have been stored in the repository. Regression testing has been applied to these test cases to classify them into Reusable, Re-testable and Obsolete.

<p>The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to &ldquo / forge new tools&rdquo / and shape innovative remedies to achieve a goal, is profound and based on a constitution with a transformative nature. The injustice of apartheid brought about unequal resource distribution in South Africa and this is well documented. The need for innovative remedies to address these injustices has been in demand. The Constitution of the Republic of South Africa has made available, sufficient remedies for the courts to deal with these concerns. However, the courts need to find a creative way of using and applying these remedies. One such remedy, being promoted by this paper is, structural interdicts with a supervisory jurisdiction. This remedy has a process of meaningful engagement attached to it, to ensure all parties reach practical solutions to ongoing socio-economic rights violations. The ancillary effect of these types of orders will promote future policies to take into consideration socio-economic rights needs of other people in the same position as the applicants. The ongoing supervision of the court will further ensure that government comply with its obligation within reasonable time, and to address ongoing concerns of socio-economic rights violation as and when they arise during the process of engagement.</p>

This dissertation, comprised of the cover story and the four separate but interrelated articles, focuses on exploring the development of entrepreneurial competence. Building on the assumption that purposeful engagement in entrepreneurial action potentially leads to the acquisition of specific entrepreneurial competencies, this thesis investigates the mechanisms facilitating and enabling entrepreneurs’ acquisition of entrepreneurial expertise, and the consequences of this process. As such, it unpacks the entrepreneurial learning process. In particular, building on Bandura’s (1986) social  cognitive theory (SCT), this study explores the role of deeply held beliefs, goal orientation and social networks (role models) in shaping entrepreneurs’ behavior, specifically their ability to create new means-ends frameworks (cf. Sarasvathy, 2001). The research included in this dissertation provides insight into the complexity of entrepreneurial competence development by connecting multiple theoretical perspectives, utilizing two different qualitative datasets situated in the context of gourmet restaurateurs and abductively building theory by developing explanations of the phenomenon of interest. This is one of the first attempts to open the ‘black box’ of entrepreneurial learning by simultaneously incorporating the contextual variables and the cognitive properties and practices of entrepreneurs in exploring their learning process. By combining SCT with entrepreneurship theory, the thesis develops an integrating model of entrepreneurial competence development that explains the relation between the preferred learning mode, action-control beliefs, the perceived role identity and role models. The findings suggest that attainment of entrepreneurial competence, and ultimately expertise, is facilitated by changes in action-control beliefs; and by the development of entrepreneurial identity. The findings also suggest that the role model’s perceived function changes depending on the entrepreneur’s goal orientation. Thus, one of the most important implications of the study is the idea that entrepreneurs need to become agents of their own development. Overall, this dissertation provides an explanation of the mechanisms of entrepreneurial competence development by suggesting that changing action-control beliefs and the formation of entrepreneurial identity are crucial in the development of entrepreneurial competence. In addition, access to role models and learning goal orientation facilitate this process.

<p>The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to &ldquo / forge new tools&rdquo / and shape innovative remedies to achieve a goal, is profound and based on a constitution with a transformative nature. The injustice of apartheid brought about unequal resource distribution in South Africa and this is well documented. The need for innovative remedies to address these injustices has been in demand. The Constitution of the Republic of South Africa has made available, sufficient remedies for the courts to deal with these concerns. However, the courts need to find a creative way of using and applying these remedies. One such remedy, being promoted by this paper is, structural interdicts with a supervisory jurisdiction. This remedy has a process of meaningful engagement attached to it, to ensure all parties reach practical solutions to ongoing socio-economic rights violations. The ancillary effect of these types of orders will promote future policies to take into consideration socio-economic rights needs of other people in the same position as the applicants. The ongoing supervision of the court will further ensure that government comply with its obligation within reasonable time, and to address ongoing concerns of socio-economic rights violation as and when they arise during the process of engagement.</p>

Beginning with Palauan perspectives and worldviews, this thesis traces the genealogy of the modern-day court system in Palau. It ends with an analysis of cases showing how the return of public lands in Palau has been largely impeded by the nature of a court system that came from a different set of interests than that of Palauans’ interests. The court system embodies ideologies in place that do not necessarily fit well with Palauan needs and interests. Many problems may be seen in the land cases analyzed in this thesis. As a result, it is argued that there is no better time than now for Palauans to reassess not only the way they choose to resolve conflicts, but also which ideology governs the way they decide to operate. / Pacific Island Studies

In the case of LaGrand (Germany v United States), the International Court of Justice held that the United States (US) had violated its international obligation to Germany under the Vienna Convention on Consular Relations when it executed two German nationals without first informing them of their consular rights. The case came before the court after the United States had disregarded a preliminary ruling passed by the IC], which directed the US not to execute the German nationals pending the outcome of the ICJ case. The decision raised the issue of the effect of ICJ decisions in domestic proceedings and the effectiveness of ICJ enforcement mechanisms. This thesis considers the possibility of a role for national courts as active enforcers of ICJ decisions. It is argued that whilst evidence shows that there is no legal obligation on courts to enforce ICJ decisions, there is certainly room in international law to facilitate this development. In support of this argument, the thesis demonstrates how basic presuppositions about international law have shifted over the last few decades. This shift has been both the impetus and the result of globalisation. The case of LaGrand alongside similar cases is used to show how national courts may play an increased role in the enforcement of ICJ decisions.

Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished