This dissertation represents an effort to critically assess the practice of community mediation from a social constructionist perspective and to develop a method for its empirical analysis. While recognizing the value of this particular form of alternative dispute resolution, two fundamental problems are described that significantly limit its utility: The application of an oversimplified notion of communication and the employment of a problematic definition of success. These problems are explored through the development of "narrative" and "story-telling," two related metaphors that are used to capture the nature of communicative interaction. The value of the two metaphors is demonstrated through a mediation case study conducted via a methodology particularly designed for the analysis of mediation discourse. More specifically, the method is a combination of narrative analysis and the Coordinated Management of Meaning theory. Through their unique combination, some fundamental problems associated with the prevailing practice of mediation are documented and analyzed. Thus, the case study not only illustrates the value of the method used but it also provides empirical support for the critique on which it is based. The dissertation concludes with suggestions for how this research can improve the quality of community mediation practices.

Thesis (Ph.D.)--York University, 2007. Graduate Programme in Sociology. / Typescript. Includes bibliographical references (leaves 324-342). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:NR32043

One of the aims of thesis is to examine and describe current trademark law in Turkey and point out the fact that an excessive trademark protection is being implemented and that this kind of a protection does not automatically bring wealth to Turkey. Main aim of this thesis is to point out the fact that new circumstances of unfair usage of trademarks occured with the introduction of the internet and that important problems between the trademark law, which is of national character, and the internet, which does not have any limits arised in settlement of disputes. Another aim is to point out that, currently, there is no agreed legal text regulating in detail the circumstances of unfair use of mark via Internet both at international and national levels. In this context, basic concepts of current trademark law, birth and development of information and communications technologies and in this respect, the Internet, effect of Internet to current social structure and changes caused therein, national and international steps taken in this context, the question whether unfair usage of trademarks could be examined within current legal framework, problems arising from the differences between Internet and Trademark Law also discussed.

Orientador: Sérgio Luiz Monteiro Salles-Filho / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Geociências / Made available in DSpace on 2018-08-20T04:55:57Z (GMT). No. of bitstreams: 1 Mattos_CarolinaVaghetti_M.pdf: 2720248 bytes, checksum: 6f08c6c657b9b103069ec6a8d4e71b0a (MD5) Previous issue date: 2011 / Resumo: A Lei de Informática (Lei n° 8.248/91) é o principal instrumento de incentivo à indústria de tecnologias da informação e comunicação (TICs) do Brasil. Mesmo sendo, também, o principal instrumento de incentivo à P&D do país, incoerentemente, a Lei de Informática não foi criada para ser uma política de inovação e talvez seja mais justo não avaliá-la como tal, muito embora essa opção seja extremamente custosa para o país. Criada para manter os produtos de TICs nacionais competitivos frente aos importados, concede redução fiscal (Imposto sobre Produto Industrializado - IPI) para empresas de TICs mediante: i) a fabricação de produtos incentiváveis com cumprimento de etapas básicas do processo produtivo no Brasil e ii) a exigência de investimento em P&D de parte do faturamento, incluindo parcerias obrigatórias com Instituições de Ciência e Tecnologia (ICTs). Consideramos, então, que esses dois elementos (produtos incentivados e parcerias com ICTs) são as variáveis mais importantes afetadas por esse instrumento. O objetivo do presente trabalho é identificar se, mesmo não sendo uma política de inovação, a Lei foi capaz de promover melhorias no sistema setorial de inovação da indústria de TICs brasileira por meio da aproximação das relações entre firmas e ICTs para atividades de P&D. Pretendemos verificar, também, se a Lei cumpriu seu objetivo de promover uma maior competitividade dos produtos nacionais frente aos importados / Abstract: The Information Communication Technologies (ICTs) Law is the main instrument to promote the ICT industry in Brazil. Despite also being the main instrument to encourage R&D investments in the country, the ICT industry was not supposed to be an innovation policy and it may not be fair to evaluate it such a way, yet this option represents a high cost for the country. Created with the aim of keeping the national ICTs products competitive compared to the imported goods, the ICTs Law concedes fiscal incentives (reduction of the IPI - a Brazilian tax over the industrialized products) to ICT companies under the following conditions: (i) manufacturing of a few basic phases of the production process of stimulated products in the national territory, and (ii) investing a percentage of sales in R&D activities, including partnerships with Science and Technology Institutions (STI) as part of this requirement. Thus, we consider these two elements (stimulated products and partnerships with STI) are the most affected by this instrument. The objective of the present research is to identify if, despite not being an innovation policy, the Law was capable of promoting enhancements in the sectoral system of innovation of the Brazilian ICT industry through closer relations between firms and STI for R&D activities. We also intend to verify if the Law has carried out the goal of promoting a greater competitiveness of the national products facing the imported goods / Mestrado / Politica Cientifica e Tecnologica / Mestre em Política Científica e Tecnológica

O presente estudo procura estabelecer, a partir de uma reavaliação e atualização dos estudos de Jürgen Habermas sobre esfera pública e direito, os fundamentos teóricos e práticos do Direito da Comunicação, uma teoria crítica do direito que restabelece o vínculo interno entre direito e esfera pública política, e com isso fornece um modelo complementar a teoria procedimental de Habermas, fortalecendo as condições para a produção de uma legitimidade democrática do poder em sociedades pluralistas. / The present work aims at establishing, through a reevaluation and actualization of Jürgen Habermas studies on public sphere and law, the theoretical and practical grounds of Communication Law, a critical theory of law that recovers the internal relation between law and the political public sphere, and in doing so, provides a complementary model to Habermas procedural theory, enhancing the conditions for the production of a democratic legitimacy of power in pluralist societies.

The purpose of the research was to investigate the knowledge-sharing practices of legal professionals at the Gauteng Justice Centres of the Legal Aid Board (LAB). The rationale for the study was based on the premise that since the LAB is a knowledge-intensive organization, it is well suited to the implementation of knowledge management. Any successful knowledge management implementation plan, is founded upon the knowledge-sharing culture of the organization, hence the motivation for the research. Self-administered questionnaires were used to survey the views of the legal professionals regarding their knowledge-sharing practices. Three hundred and twenty-five (325) questionnaires were distributed, of which 143 were returned. The data received was presented in the form of tables and figures. Percentages and content analysis was used to analyze the data collected. The findings from the survey revealed that while knowledge-sharing and knowledge management took place at the LAB, it was not guided by a strategy of the organization. The findings also revealed that the knowledge-sharing and knowledge management which did take place did so on an ad hoc basis and was woven into the daily activities of the respondents. The researcher drew conclusions based on the analysis of the data and in the context of related literature and proposed a way forward for the implementation of knowledge management and knowledge-sharing practices at the LAB. The researcher recommended that the LAB employ a knowledge officer, who should be responsible for driving the knowledge management process. Furthermore, the researcher recommended that knowledge sharing should be compulsory and be rewarded. / Thesis (M.I.S.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

The Community Broadband Investment Act, introduced in the Georgia legislature in 2012 and 2013 is a reflection of a broader national debate over the role of government investment in broadband infrastructure. The bill would limit local governments' ability to invest in broadband infrastructure for their communities because of arguments that government entry into the telecommunications sector crowds-out private competition, does not serve the public adequately, and lacks a comprehensive business model or best practices. A closer look at the history of utility regulation and various economic perspectives on the proper government role in utility provision reveals that government has had an extensive historical role in utility infrastructure investment and regulation, and several economic doctrines support the conclusion that government can be helpful in facilitating effective broadband service to their communities. Case studies of different models of municipal broadband networks in Georgia reveal that government entry can facilitate private sector competition, often provides quality service, and has a set of best practices. The success of municipal broadband reveals an evolution in the approach to telecommunications regulation from a regulated monopoly approach to a public-private cooperation approach which considers public participation with private entities on a dynamic scale. Government-entry into the broadband market was a rational decision for several Georgia communities due to their unique set of circumstances, and while municipal broadband may not be the answer to many communities' problems with meeting public demand, communities should be allowed to maintain flexibility in their decision-making about how to best serve their residents, effectively allowing them to decide which combination of public and private advantages they can leverage to meet the demand of their communities in relation to their unique local characteristics.

O presente estudo procura estabelecer, a partir de uma reavaliação e atualização dos estudos de Jürgen Habermas sobre esfera pública e direito, os fundamentos teóricos e práticos do Direito da Comunicação, uma teoria crítica do direito que restabelece o vínculo interno entre direito e esfera pública política, e com isso fornece um modelo complementar a teoria procedimental de Habermas, fortalecendo as condições para a produção de uma legitimidade democrática do poder em sociedades pluralistas. / The present work aims at establishing, through a reevaluation and actualization of Jürgen Habermas studies on public sphere and law, the theoretical and practical grounds of Communication Law, a critical theory of law that recovers the internal relation between law and the political public sphere, and in doing so, provides a complementary model to Habermas procedural theory, enhancing the conditions for the production of a democratic legitimacy of power in pluralist societies.