Over 25 million Americans report limited English proficiency (LEP) since 2013, and this number has been steadily increasing over the past few decades as immigration to the United States continues to climb. Due to the expanding heterogeneity of the population, cultural and language barriers became more common in the healthcare field which led to worse patient outcomes, inappropriately ordering too many or too few tests, and decreased use of preventative services. This necessitated further resources and interventions to better accommodate individuals with LEP. In accordance with Title VI of the 1964 Civil Rights Act which was elaborated further in Executive Order 13166, federal agencies were required to provide language services to people with LEP. As a result, more medical institutions began implementing interpreter services. Despite these measures, there is lower-than-expected physician compliance with utilizing these services and considerable variability in services offered depending on the clinical setting. Not only does this perpetuate and potentiate the health disparities that this population already faces, but it can also negatively impact a patient’s agency as they do not have the proper resources to fully advocate for their health. Hence, it is integral to examine the potential reasons why the current infrastructure for interpreter services is still lacking and what can be done to optimize accessibility. This thesis will explore some of these limitations and then offer potential solutions that both institutions and medical professionals can implement in order to provide equitable care to patients with LEP. / Urban Bioethics

This project is aimed at generating new knowledge and improving our understanding of how Modified for Language Support-Worked Example Pairs (MLS-WEPs) contribute to effective mathematics learning and teaching in an ESOL (English to Speakers of Other Languages) context. The current study investigated a novel instructional approach to help English Language Learners (ELLs) develop better understanding in mathematical reasoning, problem solving, and literacy skills (listening, reading, writing, and speaking) while they are still developing their English language proficiency. The current study followed a wait-list control design, with both the treatment and control groups receiving intervention materials. The intervention materials were administered multiple times with different topics (units) throughout the study. The lessons were audio-recorded when the selected topics were taught. Pretest and posttest were given each time when the selected topics were taught. The data analysis for this study included both qualitative and quantitative analyses. The present study revealed the following results: (1) MLS-WEPs not only enhanced ELLs’ ability to solve mathematical problems, but also improved their written explanation skills and enabled them to transfer such skills to different mathematical concepts; (2) when controlling ELLs’ prior knowledge, the effectiveness of the MLS-WEPs intervention did not vary by their English language proficiency; (3) the MLS-WEPs intervention materials facilitated teachers to provide ELLs with more opportunities to read, write, and speak in mathematics and enabled teachers to ask more and deeper questions. However, worked example comparisons did not appear to motivate the participant teachers to promote equitable participation in mathematics classrooms. These findings provide direct empirical support for the need to reform mathematics teaching and learning in the ESOL context. / Math & Science Education

Equitable healthcare is a prerequisite for good living conditions and good health in the population. The Health Care Act states that healthcare in Sweden must be provided on equitable terms, however, inequities in Swedish healthcare are continuously reported. The aim of this thesis was to investigate barriers and facilitators to equitable care from the perspective of healthcare professionals with coordination responsibility. A qualitative study design with an abductive approach was used. Data were collected through semi-structured interviews with six healthcare professionals with coordination responsibility in Region Gävleborg, all of whom are connected to the local knowledge management group within the lifestyle focus area. Analysis of the collected material was performed using thematic analysis. The results show that healthcare professionals with coordination responsibility view politics and management, work cultures, and staffing as important barriers that exist in working with equitable care. Furthermore, the results show that cooperation within the healthcare organization, patient involvement, and knowledge are considered to facilitate the achievement of equitable care. The conclusion is that more knowledge and clearer guidelines are needed in order for healthcare professionals to be able to work more effectively to counter inequities in care.

Tennessee is experiencing a budget crisis related to the dollar amount per-pupil expended on kindergarten- through 12th-grade education when compared to other states. Public schools across America are operating in a time of increased expectations. Recent legislative initiatives at both the state and federal level have created new systems of testing and performance standards that will hold schools and teachers accountable for students' achievement. Given the rapid changes that are being made, many state policymakers have noted the importance of designing better financial schemes for public schools with sufficient resources to meet the demand for better education; however, funding and accountability are difficult when creating an alignment between the two. Issues surrounding the financing of public education are complicated. Whereas a quality education is universally understood to be an essential component of students' development and social mobility, the specific policies surrounding the allocation of funds to school districts in Tennessee are complex and based on formulas that are often only understood by experts. The purpose of this qualitative study was to explore the perceptions of various school directors and administrators in both small and large systems across the state as to the best way to fund kindergarten- through 12th-grade education in a more adequate and equitable manner. Data were collected through audio-taped interviews and transcribed for inductive analysis. The participants' perceptions about their level of satisfaction of the current Basic Education Program's (BEP) funding of kindergarten- through 12th-grade education in Tennessee were very favorable. Fewer than 90% of school district officials agreed that there should be an established set of criteria that define a standard of adequacy. Because some schools need more money than others do, participants said this inability to raise sufficient revenue must be addressed through state legislation. All 20 participants stated that equity and adequacy remained a problem in the BEP and each gave suggestions and identified some areas in which to begin correcting the discrepancies. All 20 participants said that they thought the BEP was a much better funding mechanism, overall, than the old Tennessee Foundation Program (TFP) for both large and small systems.

The South African government intends to overhaul the entire public health system by introducing the National Health Insurance (NHI) system. The implementation of the NHI has created concerns amongst the majority of South African citizens who have a poor image of the quality of services provided by the public sector. One of the major questions that this study attempted to address was whether one of the largest clinics in Soweto could deliver quality healthcare in terms of the proposed NHI system. The study conducted is quantitative in nature and two-pronged. The first part of the study involved a survey conducted amongst staff members at the Soweto clinic to determine their awareness of the National HeaIth Insurance (NHI) and their knowledge of the National Core Standards (NCS). The second part of the study used an assessment questionnaire to determine compliance of the Soweto clinic to the six ministerial priority areas. The results of the survey conducted among the Soweto clinic’s staff members in all staff categories, showed that there is general awareness amongst staff members of National HeaIth Insurance and they have some knowledge of the NCS; however, more education on NHI and NCS is needed for staff working in specialised or isolated departments who are unaware of NHI and have no knowledge of the NCS. The Soweto clinic showed some advancement with regard to the vital measures compliance scores compared to those of the rest of the Gauteng province in the three priority areas. The Soweto clinic has, however, failed to comply under the other four ministerial priority areas, with ratings of less than 80%. This study has shown a disconnect between knowledge of the NCS and the NCS’s implementation by staff members, as staff members have failed to implement or comply with four of the ministerial priority areas, with sub-standard ratings of less than 80%. The Non-NHI clinic is still very far from ensuring the provision of basic quality health service for its clients and it is, thus, not ready to implement NHI. Recommendations from the study: - Managers must drive the quality improvement agenda for their facilities. - Awareness campaigns and more knowledge on NHI and quality improvement (NCS) must be communicated to all staff categories in the health establishments to ensure a deeper understanding of these concepts. - Workshops must be conducted for all staff members in the Soweto clinic, to support the creation of a culture of excellence, with emphasis in providing quality care to clients. Similar future studies need to be conducted on a large scale such as in the whole of Gauteng to determine staff at health establishments’ knowledge of the quality NCS. / MBA, North-West University, Potchefstroom Campus, 2015

The South African government intends to overhaul the entire public health system by introducing the National Health Insurance (NHI) system. The implementation of the NHI has created concerns amongst the majority of South African citizens who have a poor image of the quality of services provided by the public sector. One of the major questions that this study attempted to address was whether one of the largest clinics in Soweto could deliver quality healthcare in terms of the proposed NHI system. The study conducted is quantitative in nature and two-pronged. The first part of the study involved a survey conducted amongst staff members at the Soweto clinic to determine their awareness of the National HeaIth Insurance (NHI) and their knowledge of the National Core Standards (NCS). The second part of the study used an assessment questionnaire to determine compliance of the Soweto clinic to the six ministerial priority areas. The results of the survey conducted among the Soweto clinic’s staff members in all staff categories, showed that there is general awareness amongst staff members of National HeaIth Insurance and they have some knowledge of the NCS; however, more education on NHI and NCS is needed for staff working in specialised or isolated departments who are unaware of NHI and have no knowledge of the NCS. The Soweto clinic showed some advancement with regard to the vital measures compliance scores compared to those of the rest of the Gauteng province in the three priority areas. The Soweto clinic has, however, failed to comply under the other four ministerial priority areas, with ratings of less than 80%. This study has shown a disconnect between knowledge of the NCS and the NCS’s implementation by staff members, as staff members have failed to implement or comply with four of the ministerial priority areas, with sub-standard ratings of less than 80%. The Non-NHI clinic is still very far from ensuring the provision of basic quality health service for its clients and it is, thus, not ready to implement NHI. Recommendations from the study: - Managers must drive the quality improvement agenda for their facilities. - Awareness campaigns and more knowledge on NHI and quality improvement (NCS) must be communicated to all staff categories in the health establishments to ensure a deeper understanding of these concepts. - Workshops must be conducted for all staff members in the Soweto clinic, to support the creation of a culture of excellence, with emphasis in providing quality care to clients. Similar future studies need to be conducted on a large scale such as in the whole of Gauteng to determine staff at health establishments’ knowledge of the quality NCS. / MBA, North-West University, Potchefstroom Campus, 2015

Text in Afrikaans / Daar is 'n toenemende bewuswording van die noodsaaklikheid van effektiewe beskerming vir minderhede. Die rede vir hierdie toenemende erkenning aan die behoefte aan minderheidsbeskerming is waarskynlik toe te skryf aan die beset dat dit nie alleen die minderheidsaandeelhouers is wat skade ly in geval van benadelende optrede nie, maar ook die ekonomie. Maatskappye word ingevolge die beginsel van meerderheidsbewind bestuur, met die gevolg dat die minderheid onderworpe is aan die wil van die meerderheid. Die minderheid kan hulself hierdeur in 'n onbenydenswaardige posisie bevind, veral indien die meerderheid hul mag aanwend om hul eie belange te bevorder. Gemeenregtelik is die reel in Foss v Harbottle 'n struikelblok vir minderheidsaandeelhouers wat gedingvoering beoog. In 'n poging om die gebrekkige gemeenregtelike beskerming van minderhede te ondervang, is bepaalde statutere maatreels ingevoer. Die evaluasie van hierdie maatreels geskied aan die hand van 'n regsvergelykende ondersoek na verskeie buitelandse stelsels, waarvan die van Nieu-Seeland en Kanada uit staan vanwee die innoverende aard van hul statutere beskermingsmaatreels. Die gevolgtrekking is dat die beskerming wat die Suid-Afrikaanse statutere maatreels aan minderhede bied, onbevredigend is om verskeie redes. Eerstens is hierdie maatreels dikwels te eng bewoord wat daartoe lei dat die aanwendingsveld van die maatreels beperk is. Tweedens hou die maatreels nie tred met ontwikkelings elders in die wereld en veranderende omstandighede en behoeftes in die praktyk nie. Derdens ontbreek goed geformuleerde remedies wat aanvullend tot artikel 252 van die Wet sal wees. Daar is verder bevind dat ad hocwysigings van bestaande maatreels nie die gewenste resultaat gaan bereik nie en 'n algehele hervorming van die Suid-Afrikaanse maatskappyereg word aanbeveel. Ten slotte word konkrete voorstelle in die vorm van konsepwetgewing gemaak en word vergesel van verduidelikende notas. Hierdie wetgewing is hoofsaaklik aan die hand van die Nieu-Seelandse en Kanadese modelle geformuleer. / There is a growing awareness of the need for effective protection of minority shareholders. This can probably be ascribed to the acknowledgement of the fact that prejudicial conduct harms not only minority shareholders, but also the economy at large. Companies are governed by the principle of majority rule; consequently the minority is subjected to the will of the majority. This often places the minority in an invidious position, especially when the majority use their power to further their own interests. The rule in Foss v Harbottle presents a stumbling block to minority shareholder action. Certain statutory measures have been introduced in an effort to counter defective minority protection. These statutory measures are evaluated in the light of a comparative study of several foreign jurisdictions, the most prominent of which are New Zealand and Canada, because of the innovative nature of the measures which they employ. The conclusion arrived at is that, for various reasons, the protection afforded minorities by the South African statutory measures is unsatisfactory. Firstly, the wording of these measures is narrowly construed; this in turn results in a narrow field of application. Secondly, these measures are not in step with developments elsewhere in the world and with the changing circumstances and needs in practice. Thirdly, well-formulated remedies needed in order to supplement section 252 of the Act are non-existent. It has also been found that ad hoc amendments of existing measures will not achieve the required result, and consequently a complete reform of South African company law is recommended. Finally, specific recommendations in the form of draft legislation are made; these are accompanied by explanatory notes. This draft legislation was formulated primarily along the lines of the New Zealand and Canadian models. / Private Law / LL.D.

Depois de mais de 30 anos da edição da Lei 6.404, de 15 de dezembro de 1976 e da publicação da Instrução CVM 10, de 14 de fevereiro de 1980, volta novamente o regulador brasileiro a sua atenção para os benefícios e perigos dos negócios da companhia com ações de sua emissão. Tal se torna evidente pela publicação, em outubro de 2013, do Edital de Audiência Pública SDM 11/13, por meio do qual a Comissão de Valores Mobiliários pretende substituir a antiga regra aplicável às companhias abertas por uma nova, de conteúdo mais moderno e aderente à nova realidade. Desenvolveu-se durante o século XX e XXI o estudo dos negócios da companhia com as suas ações, admitindo-se cada vez mais numerosas exceções ao inicialmente duro e absoluto preceito proibitivo positivado originalmente pela Aktienrechtsnovelle alemã de 1870. O estudo das finanças sociais e o aprimoramento dos mecanismos de salvaguarda dos interesses protegidos no decorrer do século XX e XXI forçaram (e ainda forçam) a redefinição dos seus contornos jurídicos. No que diz respeito a estes negócios, ressaltam como interesses escudados aqueles dos credores, dos acionistas e do mercado de capitais (e os investidores que nele atuam) os grupos de referência (Bezugsgruppen) do direito societário. É na proteção de seus interesses que se fundamentam as normas que os regem: a utilização de saldo de lucros tutela os credores, o princípio do tratamento equitativo protege os acionistas e as regras de prevenção a atos manipulativos e de repressão ao insider trading salvaguardam o mercado e seus investidores. É, portanto, no confronto com tais interesses que se deve avaliar a legalidade ou ilegalidade de cada um desses negócios, e não na simples (in)existência de uma exceção legal expressa ao conceito proibitivo geral. O art. 30 da Lei das S.A. estipula condições de validade dos negócios com ações próprias, e não meramente um rol de exceções taxativas. / Thirty years after the enactment of Law 6.404, of December 15, 1976 and CVM Instruction 10, of February 14, 1980, once again have the transactions of the company in its own shares gained the attention of the Brazilian regulatory authority, especially in consideration of the benefits and perils arising from them. This is evidenced by the publication, in October 2013, by the Comissão de Valores Mobiliários of Public Hearing SDM 11/13, the purpose of which is to replace the old rule applicable to public companies by a new one, containing a more modern approach on the subject and a more reality-driven concept. The studies about the transactions a company is allowed to perform in its own shares have had a great academic and empiric development during the XX and XXI centuries, the result of which has been the gradual acceptance of an ever-increasing list of possible exceptions to the inititally absolute prohibition originally stated by the german Aktienrechtsnovelle of 1870. The study of financial economics and the improvement of the legal protective measures designed over the last century have forced (and continue to force) a broad redefinition of these transactions legal boundaries. In respect to these transactions, the interests of creditors, shareholders and the capital market itself (including the investors which act in it) arise in the center of the legal protective framework they have been denominated as the reference groups of Corporate Law. Safeguarding their interests is the main purpose of the rules revolving around them: the use of profits and profit reserves safeguards creditors, adherence to the principle of equitable treatment adresses shareholder interests and the rules preventing manipulative acts and insider trading practices sponsor the interests of the capital market and its investors. Therefore, it is mandatory that any interpretation on the legality or ilegality of any given transaction by the company in its own shares be preceded by the examination of these concrete interests; this legal analysis cannot be limited to the verification of an express exception to the general rule. Article 30 of Law 6.404/76 must therefore be read as containing a general validity framework, and not merely an exaustive list of exceptions.

Made available in DSpace on 2016-04-26T20:21:31Z (GMT). No. of bitstreams: 1 RODRIGO SENZI RIBEIRO DE MENDONCA.pdf: 890271 bytes, checksum: 4f8463f787e6831d46a4336a0faf7fee (MD5) Previous issue date: 2005-12-05 / The present work has as main objective to analyze the procedural system accusatory, consecrated for the Brazilian Federal Constitution, and to identify its deviation in the procedural legislation in order to protect the equitable criminal proceeding, component of the Democratic State of Right. The considered model develops from the distinction between inherent functions to the criminal persecution inquiry, accusation and judgment proposing, as imperative for preservation of the equitable in the way that the criminal jurisdiction contemplates the interests of the parts, the attribution of each one of them to distinct agencies, considering indispensable the communication and interaction between them, but forbidden the direct interference of one in the activities conferred to any of the others. Through this proposal, formulated by analysis of the Brazilian constitutional text, it searched identification of the devices of the criminal legislation procedural that authorize the direct interference, proposing however the rereading, however the not reception, of them stipulation in face of the accusatory procedural system foreseen by the Federal Constitution. We also examine the trend current to extend public prosecution service attributions, responsible agency for the accusation, also for the criminal inquiry, concluding, first for the impossibility of this magnifying in face of constitutional text and also for its inappropriate in order to preserve the structure of equitable criminal proceeding. / O presente trabalho tem como objetivo principal analisar o sistema processual de cunho acusatório, consagrado pela Constituição Federal brasileira, e identificar os seus desvirtuamentos presentes na legislação processual de modo a resguardar o processo penal eqüitativo, componente do Estado Democrático de Direito. O modelo proposto se desenvolve a partir da distinção entre funções inerentes à persecução penal investigação, acusação e julgamento pregando, como imperativo para preservação da eqüitatividade do modo de como a jurisdição penal contempla os interesses das partes, a atribuição de cada uma delas a órgãos distintos, sendo indispensável a comunicação e interação entre eles, mas vedada a interferência direta de um nas atividades conferidas a qualquer dos outros. Através dessa proposta, formulada mediante análise do texto constitucional, buscou-se a identificação dos dispositivos da legislação processual penal que autorizam a referida interferência direta, pregando ora a releitura, ora a não recepção, do que neles vem estipulado em face do sistema processual acusatório previsto pela Constituição Federal. Examinamos também a tendência atual de ampliar os poderes do Ministério Público, órgão responsável pela acusação, também para o campo da investigação criminal, concluindo, primeiro pela impossibilidade dessa ampliação em face do texto constitucional e, num segundo momento, pela sua inadequação de modo a preservar a estrutura do processo penal eqüitativo.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-03-19T12:20:36Z No. of bitstreams: 1 José Lourenço.pdf: 1722930 bytes, checksum: afb42cec7b647e453e4efd7f9129d03d (MD5) / Made available in DSpace on 2018-03-19T12:20:36Z (GMT). No. of bitstreams: 1 José Lourenço.pdf: 1722930 bytes, checksum: afb42cec7b647e453e4efd7f9129d03d (MD5) Previous issue date: 2018-02-20 / The theme of this work is about the possibility of changing the property regime in marriage and its effects. Comparative law served as a basis for suggestions based on the experience of legal systems in other countries, especially European countries, in order to take advantage of their advances made possible by years of practice that could be adapted to our planning, including the idea of creating a and a secondary regime of assets. Given the main theme, of the effects of the changes, we seek to establish a criterion to establish a safe differential in order to standardize the effects that could arise from changes in the regime of goods, arriving as a unifying criterion regarding greater or lesser communicability of the goods in each species of the scheme. Undoubtedly, both in choice and change is a criterion that has a fair differential factor and applicable to all changes in the regime of goods. Based on this conclusion, we observed that alterability should have a retroactive effect for the standardization of the property regime throughout the unions, for greater equity between the spouses and the security of third parties. In order to do this, eventual sharing processed together with the alteration of the property regime, in some cases, would eliminate both the equity between the spouses, the freedom, as well as the guarantee to third parties. It was interesting to discover that the idea of intercurrent sharing had already become a legal requirement in Belgium, a fact which, combined with the system of primary and secondary goods, could bear good fruit in our legal system. We did not find any legislation that used these criteria concomitantly, used them in turn. We offer the final lege ferenda trying to give practical use to the conclusions drawn from the research / O tema deste trabalho versa sobre a possibilidade de alteração do regime de bens no casamento e seus efeitos. O direito comparado serviu como fundamento de sugestões em função da experiência dos ordenamentos jurídicos de outros países, em especial europeus, a fim de aproveitarmos os avanços adquiridos por anos de prática que pudessem ser adaptados ao nosso ordenamento, inclusive na ideia da criação de um regime básico e um regime secundário de bens. Posto o tema principal, dos efeitos das alterações, procuramos buscar um critério para estabelecer um diferencial seguro para uniformizar os efeitos, que poderiam advir das variações do regime de bens, chegando como critério uniformizador relativo a maior ou menor comunicabilidade dos bens em cada espécie de regime. Sem dúvida, tanto na escolha como nas mudanças, é um critério que possui um fator diferencial justo e aplicável a todas as alterações do regime de bens. Com base nesta conclusão observamos que a alterabilidade deveria ter efeito retroativo para uniformização do regime de bens ao longo das uniões, para maior equidade entre os cônjuges e a segurança de terceiros. Para tanto, eventual partilha processada conjuntamente com a alteração do regime de bens, em alguns casos, supriria tanto a equidade entre cônjuges, pela liberdade, bem como a garantia a terceiros. Interessante foi descobrir que a ideia da partilha intercorrente já se havia tornado exigência legal na Bélgica, fato que associado ao regime de bens primário e secundário poderiam dar bons frutos em nosso ordenamento jurídico. Não encontramos nenhuma legislação que utilizasse destes critérios concomitantemente, mas apenas alternadamente. Oferecemos ao final lege ferenda tentando dar utilidade prática às conclusões da pesquisa