Magister Public Health - MPH / The availability of information on profile and trends of cancer in South African populations is important for the development of appropriate cancer control strategies, as well as monitoring the efficacy of the existing cancer control programmes. Yet, generally there is a scarcity of systematically analysed reports on hospital cancer cases in South Africa, even for urban hospitals. The aim of this study was to describe the cancer profile of patients diagnosed at Frere Hospital‟s Oncology and Radiation Department and estimate the incidence of cancer among Buffalo City (BFC) urban area residents, for the 19-year period 01 January 1991 to 31 December 2009 based on the clinical administrative data system maintained by the department. The study was a descriptive case series study based on a retrospective review of Frere Hospital‟s Oncology and Radiation Department patient records from 1991 to 2009. Permission was obtained to retrieve records of cancer cases for the 19-year period from the database. Data were extracted from the customized administrative system to an excel spread sheet. Variables for each case retrieved included: socio-demographic details; age at diagnosis, sex, race, place of residence and medical aid information, tumor information; site and date of diagnosis. Data cleaning incorporated techniques such as checking of completeness and accuracy of patient information details. Dates were formatted into month-day-year sequence and checked so that the date of birth precedes the date of diagnosis of the patient and the date last seen. Age less than zero and greater than ninety nine was replaced as missing. Geographical areas were coded according to the South African Population Census. Duplicates and cases with missing diagnosis were excluded.

The purpose of this study was to review state and federal court cases from 1982 through February 1998 in which tenured public school teachers were terminated for incompetence. This study provided a current analysis of judicial opinions of teacher incompetence as a follow-up to Shackleford's (1982) study in which she reviewed state and federal termination cases from 1958 through 1981. Four research questions guided the study based on the examination of 107 court cases. The study provided a current judicial definition regarding the term "incompetency" and also provided a legal frame of reference from which one could imply teacher incompetence. The following conclusions were derived from the analysis of court cases examined in this study. 1. The term "teacher incompetency" does not have a decisive judicial definition. Consequently, teachers may be terminated for multiple reasons of incompetency. 2. Courts have indicated that teachers should not be terminated for arbitrary or capricious reasons, but for just and reasonable cause. 3. The foremost purpose of teacher evaluation is remediation, not termination. Courts have indicated that teachers should be provided adequate time to 'find a solution to a problem. 4. Teachers must be provided adequate notice of the intent to terminate with a sufficiently detailed statement to inform the teacher of the allegations and charges so the teacher can prepare an adequate defense. 5. Teachers have a due process right to a fair hearing in which school officials must be able to exhibit a preponderance of evidence that the teacher is incompetent. 6. During hearings, teachers must be given an opportunity to crossexamine witnesses, testify, and present testimony of other witnesses and other relevant evidence. 7. A school board's termination of teachers for incompetence will not be sustained if a teacher's rights, guaranteed by the United States Constitution or state laws, are violated. 8. Teacher incompetency must be measured by the same standards required of others performing the same or similar duties. / Ph. D.

A study of 160 legal cases involving sanitary engineering facilities was made. Each case was read, summarized, and commented upon by the writer. Emphasis was placed on the engineering information contained in each case, with discussion of legal principles which pertain to the particular engineering situation. The case discussions were then categorized as to the predominant engineering topic involved and arranged accordingly. The purpose of this arrangement by engineering topic, rather than the usual legal topic, was to make available to the engineering profession a reference which will enable the engineer to better obtain information regarding a specific situation. Prior to this presentation, references have categorized these cases within over four-hundred legal topics. Litigation directly or indirectly involving sanitary engineering facilities has increased over the last twenty years, partially in response to an increased awareness of water pollution. The cases reflect the regional differences in legal philosophy. More state courts recognize the liability of engineers. Much litigation can be avoided by the engineering profession's recognition that adequate supervision and inspection of construction, knowledge of subsurface conditions, and the use of correct contract and specification language are integral parts of the sanitary engineer's professional responsibilities. Engineering colleges should offer more training in those areas. / M. S.

In Sidumo v Rustenburg Platinum Ltd ((2007) 12 BLLR 1097 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) SA 24 (CC)) the Constitutional Court made two findings of immense significance for dismissed employees: firstly, the court rejected the use of the so-called “reasonable employer” test in our law, a test which traditionally required arbitrators and courts evaluating the fairness of a dismissal for proven misconduct to treat the employer’s decision on sanction with a measure of deference; and secondly, on scrutiny of the more controversial issue before the court, to wit, the basis, if any, upon which arbitrators are obliged to make reasonable decisions, the court (in confirming that arbitrators are so obliged) held that the obligation to do so suffuses section 145 of the LRA, and that the extended review grounds legislated under PAJA do not apply. In the present article these judicial conclusions are critically analysed and evaluated, and a number of submissions are made, inter alia: it is submitted that the Constitutional Court’s rejection of the “reasonable employer” test was premised on a fundamental misinterpretation of the test; that while the court’s attempt to locate the reasonableness standard within the LRA was perhaps justifiable, the court failed to consider properly, or at all, the wording of section 145 and its history, with the consequence that the court failed to appreciate that section 145 of the LRA (save on an unduly strained interpretation) could not conceivably be construed to cater, in itself and without more, for the constitutional right to lawful, reasonable and procedurally fair administrative action; and further, that the labour landscape post-Sidumo is, to an extent, unquestionably one bathed in greater uncertainty. In conclusion, the author poses the question whether, on a review of Sidumo, the Constitutional Court should not be considered to have fallen short of fulfilling its constitutional obligations under the rule of law.

This report examines the rhetorical strategies employed in several judicial cases during the 1920s in which the U.S. government contested the racial eligibility of Hindus for naturalization under a law providing that only “white persons” were eligible for naturalization. Through a close examination of the arguments and evidence in the cases, the report argues that the decisions in the cases were inextricably linked to the the conflict between the British and a rising Hindu nationalism movement in the struggle for Indian independence during the period surrounding World War I, and thereby highlight the significance of a wide variety of group identities to racial identification as the courts in the cases negotiated the boundaries of America’s global identity through the lens of race. / text

An investigation of the ratio of free to bound phenytoin in overdose cases was accomplished by three studies to answer these questions: 1. Will the free to bound ratio change with increasing total phenytoin concentration? 2. Will the free to bound ratio be altered with decreasing total protein concentration? 3. Do these results correlate with overdose cases? The results demonstrated that the ratio of free to bound phenytoin remains constant throughout the therapeutic range as long as a person has a normal total protein concentration. However, the free to bound ratio changes significantly when the total protein decreases by 25 per cent. This substantiates the importance of monitoring free and total phenytoin concentrations in hypoproteinemia.

Sobre o que se escreve de uma psicanálise discorre, como o próprio título indica, sobre as (im)possibilidades de transmissão do escrito por uma análise. Haveria uma escritura que compartilhe o saber adquirido por tal percurso? Valorizar e destacar a forma de apresentação pareceu-nos o início do trabalho. Afinal, o meio de transmitir faz parte do que é transmitido (chegando até ao extremo de que a forma seria a própria mensagem). Escrever sobre a escrita, em alguns momentos, nada mais é do que escrever. Mais do que relatar a experiência descontínua de uma análise, a tese objetiva demonstrar o efeito-escrito, através de uma escritura, de minha análise. Uma descrição linear amparada em anedotas e diálogos não sustentaria a transmissão do atravessamento de uma análise em um sujeito. Visamos, assim, a compartilhar um saber inédito, resultado de um trabalho singular, que exige, por sua própria construção, diferentes formatos. Trabalho que resulta numa apresentação intransitiva que vá além de uma comunicação; que, pela própria experiência, convide o leitor a um fazer com os rumores da língua / On what is written of a psychoanalysis deals with, as the title itself hints, the (im)possibilities of transmitting what in a psychoanalytic experience, is in itself written. Is there a way of writing that allows to share the knowledge that is acquired during the process? To foreground and highlight the form, the mode of presenting that process was the starting point of this essay. After all, the means of transmission are included in what is being transmitted (up to a point where the form is the message). To write about writing, sometimes, is nothing but writing. Other than giving an account of the discontinuous experience of a psychoanalysis, this paper aims to demonstrate the written-effect (the written outcome) of my own analysis. A linear account of what happened there, illustrated by dialogs and anecdotes, would not sustain any real transmission of the effect a psychoanalysis has on anybody. Our goal is sharing with the reader the new knowledge that resulted from a singular working through, which due to its own peculiar construction demands, exacts from us many different formats. It is a work that results in a presentation that goes much further than a simple report. Work that invites the reader, through his own experience of reading, to the game of dealing with the labyrinths of language

Frankfurt-style cases are purported counterexamples to the principle of alternate possibilities, since they arecases in which agents appear to be morally responsible for their actions, even though they lack the ability todo otherwise. Philip Swenson has recently challenged these Frankfurt-style cases as effective counterexamplesto PAP by presenting a scenario in which an agent seems to lack morally responsibility for failing to save achild, since he couldn’t do otherwise. And since there’s no morally relevant difference between this case ofomission, and the traditional Frankfurt-style cases, we should therefore conclude that the agents in theFrankfurt-style cases lack morally responsibility for their actions as well. In the following paper I argue thatone could simply run Swenson’s argument in reverse, thereby showing that it is the agent in his case that ismorally responsible for his omission, rather than the other way around, and that Swenson therefore has failedto demonstrate that Frankfurt-style cases should be rejected as effective counterexamples to PAP.

This is a critical discussion of Vihvelin's recent book Causes, Laws, and Free Will. I discuss Vihvelin's ideas on Frankfurt-style cases and the actual-sequence view of freedom that is inspired by them.

A gestão do conhecimento é um dos temas emergentes da administração das empresas. Com o tempo, percebe-se que as empresas que dominem as informações e as transformem em conhecimentos para aplicá-los de forma organizada em prol de seus resultados podem levar vantagem sobre os seus concorrentes e, acima de tudo, atender com excelência e qualidade aos seus propósitos. Essa tese dá a oportunidade de conhecer, de forma mais detalhada, o que as empresas que alegam a utilização da gestão do conhecimento têm praticado para a sua concretização. Fica claro que, não se trata de uma tarefa rotineira, mas, ao contrário, é uma ação com características sistêmicas, exigindo de todas as pessoas e níveis das empresas que atuem de forma conjunta, integrada, interligada aos ambientes externo e interno e, considerando os efeitos das variáveis sobre as empresas. É um assunto que abrange e influencia as decisões estratégicas das empresas, passa pelas construções do ambiente e da cultura organizacional, pela criação e organização de ferramentas para a criação, e identificação de conhecimento, pelo seu compartilhamento e pelas atividades de atuação e descarte de seus conteúdos. Essa pesquisa analisa e investiga esses aspectos, o que as empresas têm praticado nesse tema e procura demonstrar os principais fatores propulsores e restritivos para sua aplicação. Além das teorias e pesquisa das atividades relacionadas à gestão do conhecimento, este trabalho desenvolve-se de acordo com a teoria institucional, tomando-a por base para a construção de um modelo teórico, que seja suficientemente amplo para acolher, a visão de processo e de sus etapas. A teoria institucional teve o objetivo de classificar os diferentes graus de implantação e desenvolvimento da gestão do conhecimento, e realizou a função de classificação do grau de implementação da gestão do conhecimento na empresa. Deve-se ressaltar a metodologia de estudos de caso, na modalidade de estudos múltiplos de casos, o que permitiu a análise cruzada entre as várias empresas e a verificação das diferentes práticas adotadas por elas. A pesquisa propiciou o entendimento das principais dificuldades para a institucionalização da gestão do conhecimento, a avaliação da abrangência e significado dessa ação para as empresas e fortaleceu o entendimento de sua influência para os modelos de gestão. A teoria é conceitualmente pródiga em conteúdos, mas a aplicação da gestão do conhecimento necessita de aprofundamentos adicionais e da continuidade das pesquisas, principalmente no que se refere à gestão da cultura organizacional, da estratégia e das pessoas nas empresas. É um novo momento da administração que deve evoluir e reconfigurar a missão para a aprendizagem organizacional e o papel dos responsáveis pela gestão de pessoas nas empresas. / ABSTRACT Knowledge management is one of the emerging themes of business administration. In the course of time, it becomes clear that enterprises which master information and molde it into knowledge which is systematically applied to favor results may have advantage over their competitors, and above all, reach their targets with excellency and quality. This paper aims at knowing, in detailed form, what the enterprises which claims to use knowledge management have done to make it real. It is clear that this is not a routine task, but a systemic action which demands from every person and from each level of the enterprise a team work which is integrated into the external and the internal environments, and considering the effects of the variables over the enterprises. Knowledge management is a subject which embraces and influences strategic enterprises decisions and is involved with the building of the environment and of organizational culture, with the creation and organization of tools aimed at building and identification of knowledge, with sharing of knowledge, with performance activities and with discarding contents. This paper also aims at analyzing and investigating such aspects, showing what enterprises have already done in this area and pointing out the main propelling and the main restrictive factors for knowledge management implementation. Besides studying theories and performing research on activities related to knowledge management, this paper is developed in accord with the institutional theory, as the basis for the building of a theoretical pattern wide enough to shelter on one hand the vision of the process. The institutional theory had the purpose of classifying the different levels of implementation and development of knowledge management, and performing the classification of the implementation level of the knowledge management in the enterprise. Case study methodology, in the form of multiple cases study, allowed the intersectional analysis among several enterprises and the inspection of the different actions they use. The research allowed the understanding of the main hindrance for the institutionalization of knowledge management, the evaluation of the range and meaning of this action for the enterprises, and invigorated the understanding of its influence for management patterns. The theory is plenty of contents, but the application of knowledge management needs deeper and continuous research, mainly on which it concerns to the management of organizational culture, strategies and people in the enterprises. It is a new age for the administration which must evolve and reconfigure the mission of organizational learning and the role reserved to the responsible ones for the management of people in the enterprises.