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LL.M.(Commercial Law) / Generally, as can be seen from the case law dealing with the enforcement of covenants in restraint of trade, it is the employee himself or herself that terminates the employment relationship, ie resigns, often with the hope of moving to greener pastures at a competitor of the former employer or to start a competing business. Once in a while, however, it is the employer who terminates the employment relationship, ie a dismissal occurs, and the employee then wishes, as a result, to move to greener pastures. It is these occasional events, and the enforcement of restraints of trade in such events, that are the subject of the current research. The research commences by considering the South African law surrounding covenants in restraint of trade and the relevant principles of labour law, including the impact of the Constitution of the Republic of South Africa, 1996. The legal position regarding the effect of unfair terminations of employment on the enforceability of a restraint of trade is then carefully considered. It is found that while employers are obliged to deal fairly with their employees, this entitlement is based in labour law and not in the law of contract. Accordingly, should an employee feel aggrieved by the manner in which he or she was treated, the employee should look to the remedies enunciated in the LRA related to fairness and is not free to seek contractual remedies, over and above those provided for in the LRA. If employees believe that the LRA does not sufficiently satisfy their grievance, they are obliged to challenge the LRA. In this sense, an employee who seeks to oppose the enforcement of a restraint of trade on the basis of an unfair dismissal must be mindful of the alternative remedies (aimed at protecting the rights of employees) available in terms of the LRA which carry substantial clout for the employee. By ignoring such remedies, one compounds two separate fields of law, namely the law of contract and labour law. It is therefore concluded and recommended that these different fields of law be kept separate and distinct, with each being subject to its own remedies.

The objective of this study is to examine the effect of rotational restraints on thermal post-buckling response of sway columns using geometrically nonlinear analysis. The present design approach considers columns to have failed once they buckle. However, the columns under fire load are found to exhibit significant post-buckling strength which could be utilized for more economical design. The past researchers on the nonlinear thermal analysis used isolated columns with idealized support conditions which mean the columns are assumed to be free or fully restrained in the rotation, lateral and, axial directions. However, that is seldom the case in real structures and the restraint at an end of the column depends upon the members connected at that joint. The restraint provided to the column by the members connected at the joint will be in between the free case and fully restrained case. This study incorporates the variation in rotational restraint due to changes in the properties of members connected at the ends of the column. The columns are assumed to be fully restrained in the axial direction. Since the study is being carried out on sway columns, the restraint in the lateral direction is zero.

Thesis (M.S.)--Massachusetts Institute of Technology, Dept. of Mechanical Engineering, 1981. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ENGINEERING. / Includes bibliographical references. / by Bernard Dov Adelstein. / M.S.

The primary intervention for injury in children traveling in cars in Australia has involved the mandatory use of a restraint while traveling in a vehicle. This intervention has been successful as evidenced by high restraint usage rates by Australian children and substantial casualty reductions since the 1970’s. However casualty rates have been relatively stagnant over the last couple of decades. Currently more than 3,000 child occupants are seriously injured in Australia every year. There is a need to examine the scope for further preventing injury among restrained child occupants. This thesis presents four interrelated studies examining the factors and mechanisms involved when Australian children are seriously injured while using some form of restraint in a crash. Methods used include retrospective medical record review, in-depth crash investigation and analysis of mass in-depth crash data. Both descriptive and nonparametric statistical analysis techniques, including those that allow for the control of potential confounders, were used. Observations and results indicate there is substantial scope for further reducing serious injury in children traveling in cars in Australia. To realize this reduction there is a need to address the quality of restraint use by children through the development of strategies that not only encourage restraint use, but encourage the correct use of the most appropriate forms of restraint. There is also a need to address the protection provided by restraint systems and vehicles to child occupants in high severity crashes, and in crashes that involve impacts with fixed roadside objects such as trees and poles.

The intent of this study was to determine whether implementation of the Collaborative Problem Solving (CPS) model, that has proven successful in psychiatric settings, was equally effective in reducing restrictive practices in public school settings. Many peer-reviewed, published reports suggest that educators are poorly prepared to manage the extremely challenging behaviors of aggression and non-compliance, which are common in students classified with an emotional disturbance (ED). Too often educators rely on ineffective, potentially harmful interventions such as seclusion and restraint, which adversely impact students as well as staff. The nonrandom sample was comprised of students enrolled in two segregated special education schools located in large communities in northwestern Pennsylvania. The enrollment was 69 students in School A and 26 students in School B. The schools serve students, kindergarten through twelfth grade. All students were evaluated and classified as ED by their referring home school district as per Chapter 14 Regulations of the Pennsylvania Department of Education and received one-hundred percent of their special education program in this restrictive school-based environment. This study used a quasi-experimental, pre-test-post-test research design and used two separate existing electronic data sources to test for relationships between the implementation of the CPS model and identified variables (standardized measures of externalizing maladaptive behaviors, incidents of aggression, noncompliance, and disruption, as well as incidents and duration of seclusion and restraint). The analyses included frequency comparisons, a series of Wilcoxon Signed Rank Tests, a series of dependent samples T-tests, and two-way repeated measures analyses of variance. Implementation of the model reduced the incidents of aggression, noncompliance, and disruption, as well as incidents and duration of seclusion and restraint. However, only one of the schools in the study demonstrated a statistically significant reduction of aggression incidents and the use of restraint procedures. The results suggest that when implemented with fidelity, the research-based CPS model is a promising, preventative behavior approach for students classified with ED in a segregated special education school. / School of Education / Interdisciplinary Doctoral Program for Education Leaders (IDPEL) / EdD / Dissertation

<p>The principle of respect for other persons is commonly invoked in contemporary liberalism as justification for the claim that a conscientious citizen in a liberal democracy is morally obligated to refrain from supporting a coercive law for which he lacks suitable public justification. This view has been challenged by Christopher Eberle in <italics>Religious Conviction in Liberal Politics</italics>, who argues that although a citizen has an obligation to pursue a convincing secular rationale for a coercive law, he does not have an obligation to withhold support for a law for which he lacks such a rationale.</p> <p>In this dissertation I attempt to develop a basic analytical framework which can be used to formulate a suitable conception of respect for persons in the public square. Only with such an underlying conception of respect in hand is it possible to adjudicate the competing claims concerning what the principle of respect for persons should be deemed to require of citizens in advocating and supporting coercive laws.</p> <p>The framework I propose views respect for persons as a complex and variegated concept. It separately considers four different forms or notions of respect, and takes the attitude of respect as foundational and prior to the other forms of respect. I conclude that any conception of respect will entail commitment to a broader ethical theory or set of ethical principles. Accordingly, in the final chapter, I suggest that Robert Audi's "value-based Kantian intuitionism," with its emphasis on respect and the dignity of persons as a grounding property, may constitute an auspicious ethical theory to which appeal may plausibly be made in completing a conception of respect.</p> / Dissertation

This article releases of Constitutional Interpretation No.613 of Grand Justices, Judicial Yuan.Discussion jurisdiction and legislative power of separation of power boundary.Judicial review since U.S.A.'s Marbury v.s Madison case is developed in 1803 .Safeguards the people's basic right not the illegal violation.The most countries introduces for the world. Grand Justices enjoy the good name of ¡§the constitution protector¡¨.Is only short of the public opinion to be authorized and counter-majoritarian diffculty, Causes the democratic validity to be subject to the question, between ¡§the judicature is positive¡¨ and ¡§the judicature is negative¡¨,it is become Judicial review development mechanism the important topic. Administration, legislation and judicial is also known as trias politica, Performing its own functions, doctrine of separation of powers for most important constitutional government principle, The Congress direct gathering people meaning indicated that.Is on behalf of the Popular Sovereignty for State agency, three read through the law, suffers unexpectedly declares invalid, and has the abstract standard potency, sends the Judicial review from ¡§the constitutional interpreter¡¨ to become ¡§the legislator¡¨ or ¡§framers of constitution¡¨ the negative appraisal. This article advocated that the Judicial review should distinguish the people's basic right or the pure institution in advance disputes and so on, is safeguarding the people's basic right case, should involve positively, being suitable of the non-judicial self-restraint principle. The Judicial review should not take the doctrine of political question the separation of power the only boundary, should accumulate the case type, develops standard of the difference, avoids fording into the pure institution jurisdiction dispute. Constitutional Interpretation article should not ¡§the legalization¡¨, be supposed to establish the mechanism of ¡§retires after meritorious service¡¨.

Thesis (M.B.A.)--Ohio State University, 1949. / Includes bibliographical references (leaves 118-122). Available online via OhioLINK's ETD Center.