This item contains the agenda, minutes, and attachments for the Faculty Senate meeting on this date. There may be additional materials from the meeting available at the Faculty Center.

During the last twenty years there has been a proliferation of local studies of Poor Law administration, many of them concerned with the period of transition from the Old to the New Poor Laws. This thesis complements other local studies; it offers a detailed examination of Poor Law administration in and around the rapidly expanding industrial town of Bradford. At the same time, the thesis seeks to broaden the scope of such local studies by placing the Poor Law more firmly within its local social, economic and political context. Bradford's experiences are compared with those of other, particularly northern, urban Unions, and for the period after 1848, detailed comparison is made between Poor Law administration in the neighbouring Bradford and North Bierley Unions. Chapter 1 highlights those elements of Bradford's economic and social structure likely to exert the greatest influence on Poor Law administration. Chapter 2 examines administrative structures and relief practices under the Old Poor Law, with particular reference to the area's claim to-administrative efficiency. Chapter 3 examines local reactions to the 1834 Poor Law Amendment Act and traces the history of Bradford's popular anti-Poor Law movement. Chapter 4 investigates the new administrative structure. Chapter 4(1) evidences the occupational and political distinctions between the Borough and non-Borough Guardians, highlighting the political dimension of Poor Law administration. Chapter 4(ii) analyses the mechanics of relief distribution and Chapter 4(iii) examines the New Poor Law's'shaky financial base. Chapter 5(i) looks at the fate of the principles of 1834 with regard to able-bodied paupers and at the debate surrounding the introduction of the Outdoor Labour Test Order. Chapter 5(ii) deals largely with the provision of outdoor medical relief. Chapter 5(iii) examines the Workhouse regime and the treatment of particular groups of inmates, such as the mentally ill and vagrants. The education provided for Workhouse children is compared with that available to the independent poor. The Chapter concludes with a detailed examination of the Workhouse debate of 1846-8. Chapter 5(iv) investigates non-statutory relief provision in Bradford and attempts to assess its qualitative and quantitative importance. Chapter 6 examines the operation of the Law of Settlement, the workings of the non-resident relief system and the immediate impact of the legislation of 1846-7. Chapter 7 outlines the Poor Law authorities' involvement in bastardy affiliation actions. Chapter 8 assesses the impact of the New Poor Law and considers some of the major determinants of relief policy, including a survey of local attitudes to poverty. Part One concludes with the Union's division in 1848. Part Two considers the more settled administration of the 1850s and 1860s, building on the framework used in Part One. Chapter 9 looks at the occupations, politics and conduct of business of the Bradford and North Marley Boards of Guardians. Chapter 10 traces changes in the system of distributing relief and in the Poor Law's financial base, with particular reference to the financial reforms culminating in the Union Chargeability Act of 1865. Chapter 11 pursues the able-bodied debate, continues the earlier survey of outdoor medical relief and examines the novel provision of education for the children of outdoor paupers. Chapter 12 catalogues the erection of new Union Workhouses in Bradford and North Bierley and traces their evolving role as general pauper hospitals. Chapter 13 examines the enlarged contribution of charities in Bradford while Chapter 14 surveys the continuing but reduced impact of the Law of Settlement. Chapter 15 comments on the changes seen in the later period.

This work studies constitutional bases of two essential institutions of Collective Labor Law: employer’s obligation to negotiate collectively and facultative arbitration. In relation to the first one, using tools provided bythe Theory of Law, it is argued that the section 28º of Peruvian Constitution establishes a collective negotiation concept as claim (not as permission) so, employers legal obligation of collective negotiation is constitutional. In theother hand, regarding facultative arbitration, it has constitutional support on state’s obligation to promote pacific ways to labor conflicts; even though, it is questioned that a «sub constitutional» rule has restrictively regulated this institution. / En este trabajo se estudian las bases constitucionales de dos instituciones centrales del derecho colectivo del trabajo: la obligación patronal de negociar colectivamente y el arbitraje potestativo. En lo que se refiere a la primera, utilizando las herramientas que proporciona la teoría del derecho, se sostiene que el artículo 28 de la Constitución consagra una concepción de la negociación colectiva como pretensión (y no como permiso), y por tanto, que es constitucional el deber legal de los empleadores de negociar colectivamente. En cuanto al segundo, se afirma que este encuentra sustento constitucional en la obligación estatal de promover formas pacíficas de solución de los conflictos laborales, aunque se cuestiona que la normativa infraconstitucional haya regulado esta institución de forma restrictiva.

Made available in DSpace on 2016-04-26T20:29:25Z (GMT). No. of bitstreams: 1 Ana Carvalho Ferreira Bueno de Moraes.pdf: 3164771 bytes, checksum: 40b65e67d760f930672036cb321fcbd8 (MD5) Previous issue date: 2009-06-29 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / This study investigates the performance of the Public Defense institution, in the search for actual access to courts. The principle of access to courts is the purpose of this work, which analyzes its hindrances and the ways to overcome them. Accordingly, the exposition discusses the right to free legal assistance, as established by the 1988 Brazilian Federal Constitution, as well as the addressees thereof, and the way to implement it through Pro Bono Lawyers. Thus, the institution of the Public Defense is carefully studied, through the analysis of its characteristics, principles, attributions and institutional bodies; prohibitions, guarantees, prerogatives and the responsibilities of the members of the Public Defense Office, as provided for in Complementary Law No. 80/1994 and in State Laws, with especial focus on Law No. 988/2006 of the State of São Paulo, since that legal instrument presented several novelties and advancements in the performance of the institution. Besides this, the study focuses on the performance of Pro Bono Lawyers in class actions. Finally, the work discusses extrajudicial performances, with emphasis on alternative means to settle conflicts (conciliation, mediation and arbitration), to be developed by the Public Defense Office, in addition to proactive performances of the institution in the education of the rights of the needy population / O presente estudo investiga a atuação da instituição da Defensoria Pública na busca pelo efetivo acesso à justiça. O princípio do acesso à justiça é o objeto deste trabalho, que analisa seus obstáculos e formas para superá-los. Nesse contexto, a dissertação trata do direito à assistência jurídica, consagrado na Constituição Federal de 1988, bem como seus destinatários e sua forma de implementação por meio da Defensoria Pública. Assim, a instituição da Defensoria Pública é cuidadosamente estudada, analisando-se suas características, princípios, atribuições e órgãos institucionais; vedações, garantias, prerrogativas e as responsabilidades dos membros da Defensoria Pública, previstos na Lei Complementar n. 80/1994, bem como em Leis Estaduais, com enfoque na Lei paulista n. 988/2006, uma vez que esse diploma legal apresentou diversas novidades e avanços na atuação da instituição. Ademais, o estudo aborda a atuação da Defensoria Pública nas demandas coletivas. Finalmente, o trabalho trata das atuações extrajudiciais, com destaque para os meios alternativos de composição de conflitos (conciliação, mediação e arbitragem) a serem desenvolvidos pela Defensoria Pública, além das atuações proativas da referida instituição na educação de direitos da população carente

責任保險在國內之概念只限於對被保險人因負有賠償責任所造之賠償金額 的損害由保險人填補，然而責任保險之機能除填補賠償責任損害作用外， 應可經由新的理念結合使之包括權利保護作用以擴張責任保險的作用；另 一方面，責任保險不同於其他損害填補型保險之處在於其運作係在保險人 、被保險人與被害人之間進行，以債之相對性而言，保險人對於被保險人 與第三人間之責任關係並無介入權，但此一觀念之貫徹對責任保險關係之 進行似有造成障礙之虞，基於保險人就責任關係所具密切利害關係及確保 保險賠償額適當之觀點實應容許其參預之權，而在防禦義務與參預權的交 互作用下，其已進而提供重行整合責任保險所涉三方關係的契機。 / In order to expand the functions of liability insruance, an liability insurer not only provide indemnity to the insured when the insured is liable for the third party's bodily injury or property damage but also defend any suit seeking those damages. How to establish an liability insurer's duties to defend and settle from the point of insurable interest is what this thesis manages to deal with. Because an liability insurer will pay damages for which the insured becomes legally responsible, the insurer should have the rights to defend and settle the suit. Only by doing so, can we balance the interest between the insurer and the insured. Furthermore, if we can take good advantage of an insurer's duties and rights to defend and settle, the process of running liability insurance will be simplized.

This item contains the agenda, minutes, and attachments for the Faculty Senate meeting on this date. There may be additional materials from the meeting available at the Faculty Center.

In this project, I examine the impact of early literary criticism, early literary history, and the history of knowledge on the perception of the laureateship as it was formulated at specific moments in the eighteenth century. Instead of accepting the assessments of Pope and Johnson, I reconstruct the contemporary impact of laureate writings and the writing that fashioned the view of the laureates we have inherited. I use an array of primary documents (from letters and journal entries to poems and non-fiction prose) to analyze the way the laureateship as a literary identity was constructed in several key moments: the debate over hack literature in the pamphlet wars surrounding Elkanah Settle’s The Empress of Morocco (1673), the defense of Colley Cibber and his subsequent attempt to use his expertise of theater in An Apology for the Life of Colley Cibber (1740), the consolidation of hack literature and state-sponsored poetry with the crowning of Colley Cibber as the King of the Dunces in Pope’s The Dunciad in Four Books (1742), the fashioning of Thomas Gray and William Mason as laureate rejecters in Mason’s Memoirs of the Life and Writings of William Whitehead (1788), Southey’s progressive work to abolish laureate task writing in his laureate odes 1813-1821, and, finally, in Wordsworth’s refusal to produce any laureate task writing during his tenure, 1843-1850. In each case, I explain how the construction of this office was central to the consolidation of literary history and to forging authorial identity in the same period. This differs from the conventional treatment of the laureates because I expose the history of the versions of literary history that have to date structured how scholars understand the laureate, and by doing so, reveal how the laureateship was used to create, legitimate and disseminate the model of literary history we still use today.

Liability insurance concerns an insured’s insurance of its legal liability towards a third party for the latter’s loss. This specialised type of insurance is rather neglected in South African insurance law. There is a lack of understanding of the intricacies of liability insurance and its unique challenges. This flows primarily from its complex nature as third-party insurance, which involves legal obligations between multiple parties, and a lack of statutory regulation of the distinctive contractual aspects of liability insurance. Furthermore, limited authority exists on contentious legal aspects as a result of the relatively small number of judicial decisions in this field of law. It is also evident that liability insurance constantly evolves as new grounds of liability emerge and new insurance products develop in response to the changing demands of society. The rise of consumerism and the increase in third-party claims amplify the economic significance of the law of liability insurance in South Africa. A substantial knowledge gap remains in our jurisprudence, irrespective of the recent introduction of new statutory instruments aimed at regulating insurance practice in general. These reforms have not as yet been applied critically to liability insurance, and no specialised legislation in South Africa regulates aspects of this branch of insurance as is the case with microinsurance. The focus in this thesis is on two main issues: the insurer’s duty effectively to indemnify the insured, and the insurer’s defence and settlement of third-party claims brought against the insured. As a subsidiary theme, this thesis analyses legal uncertainties that may persist during pre-contractual negotiations, the liability insurance contract lifecycle, and even after the expiry of the contract. Legal challenges can be addressed by novel and creative application of the national law. Potential solutions can be gleaned from the other progressive jurisdictions reviewed – English and Belgian law. It is evident that this research may prompt Parliament to develop specific rules and regulations for liability insurance contract law. This thesis includes a check list of some of the most important disclosure duties for procuring liability insurance cover, its operation, and claims processes. / Mercantile Law / LL.D.

This item contains the agenda, minutes, and attachments for the Faculty Senate meeting on this date. There may be additional materials from the meeting available at the Faculty Center.

This item contains the agenda, minutes, and attachments for the Faculty Senate meeting on this date. There may be additional materials from the meeting available at the Faculty Center.