Several Supreme Court cases in the latter half of the 20th Century established a criminal defendant's due process right to put forward an effective defense. To put forward an effective defense, one must be able to introduce exculpatory evidence on one's behalf. A defendant's witness may claim the right against self-incrimination, in which case the defendant may request immunity for the witness so that he will testify. If that request is denied, a defendant's due process right to put forward an effective defense may be implicated. The refusal to grant defense witness immunity is one instance of suppression of evidence. In a string of cases in the Third Circuit, the courts have implemented a test for determining under what conditions a due process violation occurs in this situation. But, there is significant reason to believe that in implementing the test the court has relied on incorrect assumptions. This paper discusses how the court has relied on unwarranted assumptions to make due process determinations, and concludes that in so doing it has imposed too high a standard for a due process violation. First, the court interprets the test as a test for a due process violation, when there is reason to believe that the court articulating the test meant it to be a test for the appropriateness of judicially created immunity as the remedy for an existing due process violation. Second, the court makes an unwarranted assumption that any strong governmental interest countervails against a grant of witness immunity. Third, the court imposes too high a standard for determining what counts as a strong governmental interest because it does not give sufficient weight the context of the determination. These three unwarranted assumptions suggest that the court has imposed too high a standard for determining due process violations. / text

<p>Uganda and Tanzania are two countries severely affected by HIV/AIDS. Hence, there are a numbers of associations for PLHA there. In "Global transformations. Politics, economics and culture", Held, Mc Greew, Goldblatt and Perrton focuses None Governmental Organizations as important actors in the globalized world of today, with increased opportunities to influence and affect the politics. The aim of this paper is to investigate the opportunities for associations for PLHA in Tanzania and Uganda to affect in the national level of politics. The study wants to elucidate the relation between the state/government/authorities and the civil society/associations/NGO:s.This has been done threw investigations of associations of PLHA in Tanzania and Uganda, their characters, objectives and opportunities to affect the HIV/AIDS politics in each country. I have been trying a hypothesis which have claimed that these organizations has not played a political role, meaning that they have affected the politically decision makings concerning HIV/AIDS. The empirical material has mainly been collected threw questionnaires to the selected organizations. It has not been possible to appoint the hypothesis, neither to reject it. There are some indications pointing on its validity. In an summarized assessment, the Ugandan organizations are more politically than the Tanzanian organizations, but probably not in a way that have affected the parlamentarically decision processes concerning HIV/AIDS, as the hypothesis intended. A opposite dependence has not been possible to eliminate: That the character and focus of the associations for PLHA in Tanzania and Uganda is a result of the countries differences in dealing with the problem of HIV/AIDS.</p>

Tyrimo objektas: vidiniai ir išoriniai veiksniai lemiantys NVO verslumą Tyrimo tikslas: sudaryti veiksnių, lemiančių NVO verslumą, vertinimo sistemą ir įvertinti jų poveikį NVO verslumui. Tyrimo uždaviniai: 1) išnagrinėti verslumo sampratos teorinius aspektus; 2) atlikti literatūros šaltinių analizę ir sintezę verslumą lemiančių veiksnių klausimu; 3) sudaryti NVO verslumą lemiančių veiksnių bei jų vertinimo sistemą ir nustatyti veiksnių reikšmingumą bei poveikį; 4) praktiškai įvertinti sudarytą vertinimo sistemą tiriant vietos veiklos grupių verslumą ir nustatyti vertinimo sistemos tobulinimo kryptis. Tyrimo metodai: mokslinės literatūros analizė ir sintezė, loginė analizė, ekspertinė apklausa, dokumentų analizė, duomenų susisteminimo, matematiniai statistiniai analizės metodai, grafinio vaizdavimas. Pirmojoje darbo dalyje pateikta įvairių Lietuvos ir užsienio autorių nuomonė apie verslumą ir jį lemiančius veiksnius bei NVO verslumo samprata. Antrojoje magistrinio darbo dalyje nustatyti vidiniai ir išoriniai NVO verslumą lemiantys veiksniai ir pateikta veiksnių vertinimo sistema bei vertinimo metodai. Trečiojoje dalyje nustatytas verslumą lemiančių veiksnių reikšmingumas, pateikiama verslumą lemiančių veiksnių vertinimo Kalvarijos, Sūduvos, Alytaus ir Ukmergės rajonų Vietos veiklos grupėse tyrimo metodika ir pristatomi empirinio tyrimo rezultatai. Praktiškai pritaikius sudarytą NVO verslumą lemiančių veiksnių vertinimo sistemą, pateikiamos jos tobulinimo kryptys... [toliau žr. visą tekstą] / Research object – internal and external factors affecting entrepreneurship in non-governmental organization. Research aim – to develop evaluation system of factors affecting entrepreneurship in non- governmental organizations. Objectives: 1) to analyze the theoretical aspects of the concept of entrepreneurship; 2) to perform an analysis and synthesis of literary sources on factors affecting entrepreneurship issues; 3) to make evaluation system of factors affecting entrepreneurship in non-governmental organizations and to identify their significance and influence for entrepreneurship; 4) to apply researched evaluation system of factors affecting entrepreneurship in practical analysis of entrepreneurship of local action groups and to determine the system development direction. Research methods – analysis and synthesis of literature and documents, logical analysis, expert survey, mathematical statistical analysis methods, graphical representation techniques. The first part presents opinions of Lithuanian and foreign scientists about entrepreneurship, factors affecting entrepreneurship and conception of entrepreneurship in non-governmental organizations. The second part establishes internal and external factors affecting entrepreneurship in non-governmental organizations, their evaluation system and methods. The third part investigates significance and influence of factors affecting entrepreneurship, presents methodology and results of empirical research in Kalvarija, Sūduva... [to full text]

Three arguments are normally presented as rationale for the privatisation of state owned enterprises. The first relates to the problem of the financing of higher levels of public expenditure / the second is based on the viewpoint that private ownership is more efficient than public ownership / whilst the third claims that the losses of inefficient public enterprise are responsible for excessive budget deficits and other fiscal problems.<br /> <br /> Although empirical evidence proves that privatisation enhances economic efficiency, it negatively affects the affordability of and access to essential services, which may have serous consequences for poorer households. This happens through increased prices of essential services, such as electricity and telecommunication, as well as through loss of employment opportunities during and after privatisation.<br /> <br /> Many countries, also in Africa, implemented various types of privatisation programmes over the past two decades in order to decrease the relative size of governments and to improve efficient delivery of services. Towards the end the 1990&rsquo / s and after the tragic genocide, Rwanda&rsquo / s Government of National Unity also embarked on an ambitious restructuring programme of its state-owned enterprises.<br /> The main purpose of this study was to assess the likely impact of privatisation on poor households in developing countries. The report presents a general overview of the literature, with a specific focus on Brazil, Argentina and South Africa. It investigates the experiences of these countries and derives lessons that can be learnt. Finally it assesses the possible impact of the privatisation of essential service delivery on poor households in Rwanda.<br /> <br /> The main conclusion of the study is that governments should look beyond efficiency benefits of restructuring and focus on the overall opportunity cost of the privatisation of essential service delivery. The specific method of privatisation may determine the final social impact. The case studies also highlight the need for more research into the challenges facing the privatisation of essential service delivery. It is clear that any restructuring should be preceded by a thorough analysis of the likely impact on the poorer sections of the community.

<p>This study focused on governance and financial sustainability of NGO's in South Africa. The primary objective of the study was to evaluate existing governance and financial arrangements of NGO's, CBO's and CSO's with the view to developing alternative approaches to governance and financial arrangements with specific reference to lessons of experiences for South African NGO's. The secondary objectives of the study were to firstly develop a historical perspective on trends and tendencies of NGO funding in South Africa.</p>

This article reports on the results of the identification of potential business opportunities for Non Governmental Organizations as an extra income to face the present funding challenge. Few research studies have been done on business opportunities as sources of income for NGO's. The aim of this study was to explore potential business opportunities as sources of income and it focused on the research of different possibilities. In this exploratory research study a qualitative approach was followed through interviews with business people and a focusgoup discussion to investigate potential business opportunities. Respondents were selected through purposive sampling techniques, eleven business men and a focusgroup consisting of five business men and six personnel of The Dutch Reformed Ministry or Caring. The eleven business men were recruited from the congregations of the Highveld Sinod. Data were collected through interviews with the business men and the focusgroup interview. Data were analysed according to themes. The following eight potential business opportunities were identified: government contracts, donations, improved marketing, fundraising strategies, buying of a business or shareholding in a business, partnerships, selling of therapeutic services and additional information and proposals. This offers business opportunities for NGO's to use as sources of income to sustain them and ensure that they can continue with their service delivery. The recommendation from the focus group was for more donations, an improved marketing strategy, the requirement or government contracts and selling of therapeutic services as potential opportunities. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2007.

This thesis explores the capacities, challenges and differences of three Swedish environmental non-governmental organizations (ENGOs). It uses a case study method to examine the ENGOs Swedish Society for Nature Conservation, Friends of the Earth Sweden and Keep Sweden Tidy Foundation. The study will explore what capacities and challenges the organizations have to sustain and develop, using capacity development as an analytical framework. Qualitative methods are used for gathering data. The findings of this study indicates that all three of the organizations have several capacities that is suggested by the theory capacity development, such as monitoring and evaluating the organization, developed communication to donors and supporters, accountability, clear aim and goals, etc. These three ENGOs is well established in the society of Sweden and have been active for a minimum of three decades. However, there are always capacities and strategies that can develop and be more effective, as well as addressing organizational challenges. The challenges founded in this study that all three organizations have in common, is the issues of being dependent on external funding and donations, and the communication between branches of the organizations as well as among members of the staff. Increased communication could better unify the organization and less dependence of external funding and donations could make the organizations more stable as well as sustainable.

This thesis examines the regulatory landscape relating to private orphanages, both foreign and domestically run, in China, and the formal and informal relationships between such homes and government which structure this space of order. Part A introduces the contextual factors shaping the gradual socialisation and privatisation of charitable activity generally, and the child welfare-specific social, economic and cultural dynamics influencing the emergence of private orphanages. Parts B and C set out the ethnographic findings of field-work examining the practical operations of private orphanages, and a theoretical analysis of the various interactions occurring with government orphanages, and local and central officials. It is shown that the ostensible government monopoly on institutional care of orphans, established in law and policy and consistent with the objective of maintaining tight control over civic organisations and religious-based and foreign-led activities, is belied by a proliferation of private orphanages emerging to address gaps in state welfare provision. This has led to the emergence of a delicate balance between top-down official discourse, rhetoric and law, and bottom-up pragmatic considerations. Further, the prima facie 'missing role' of the state in law, regulation and policy-making is contradicted in practice by evidence of a complexity of highly paternalistic state-orphanage relationships occurring beyond the normative framework of official laws and policies. Such extra-legal state-society interaction is characterised by informal, flexible and paternalistic negotiations with local officials, and mediated by structures of power and capacity. 'Law beyond government' and 'government beyond law' are central features of the multidimensional maintenance of this space of order, and point to several defining points of distinction of law as a cultural notion in the Chinese context, including a marked preoccupation with legitimacy over legality and paternalistic discipline and discretion over impartial adjudication.

The primary purpose of this dissertation is to examine if there is a significant relationship between organizational culture and tolerance of corrupt practices among the Non-Governmental Organizations located in Kenya. Despite the fact that NGOs have been attributed with a strong organizational culture, previous literature indicates that there is a connection between the organizational culture and decisions to engage in corrupt practices. Another purpose is to investigate tolerance of corrupt practices and determine the dominant organizational culture among NGOs. The study applied the competing values framework, which describes four dimensions of organizational culture. Mixed methods techniques were used to collect data from a sample of 185 participants selected from 30 organizations in Nairobi. The organizational culture data was collected using the organizational culture assessment instrument while tolerance of corruption was collected using ten scenarios in the first phase. The qualitative data was collected through telephone interviews with six participants. Statistical analysis was conducted using descriptive statistics to test for the most dominant culture and tolerance of corrupt practices. Clan dimension was the most dominant dimension, while some of the practices were perceived as less corrupt and likely to occur. Bivariate correlations revealed the number of years working in an organization was associated with the acceptance variable, while clan culture was correlated to corrupt variable. The three propositions were not supported by the multivariate analysis of variance. However, the second proposition could not be tested due to lack of adequate data to compare. In sum, the study did not find a significant relationship between the dimensions of organizational culture and the tolerance of corrupt practices. The study has helped in exposing some of the areas requiring further strengthening and is also useful in setting the agenda for future research.

The diploma thesis "Employment Services for Former Substance Users in the Czech Republic in Comparison with Similar Services in Scotland and Austria" discusses the problem of employment of people that used illegal drugs for some time in their lives and now abstain. To get a job and keep it is fundamental for them to be able to prosper in newly started life. Former substance users are characterized with respect to their position in the labour market and the need of social reintegration. Their employability in the Czech labour market is given from the point of view of the clients and workers of the treatment facilities, and from the point of view of potential employers. The possibilities of employment services offered to former substance users are then shown by three projects, i.e. Czech Work and Social Agency of SANANIM, o. s., Scottish Addiction Workers' Training Programme, carried out by Scottish Drugs Forum, and Austrian social firm Fix und Fertig, a branch of Verein Wiener Sozialprojekte. The projects are compared as to their approaches to the problem of employability, basic parameters that employment services offered to the former substance users should take into account are defined, and finally, the possibilities of development of these services in the Czech Republic are outlined.