Extralegal Factors Important to Judges' Decisions in Child Abuse Custody Cases by Marilyn J. Nolan MS, Pittsburg (Kansas) State University, 1986 BS, Missouri Southern State University, 1982 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Human Services Walden University May 2015 Research has shown juvenile court judges are skeptical of mental health testimony; however there is a lack of research regarding what types of testimony by what kinds of experts are valued by judges. Using the theory of legal pragmatism, the purpose of this study was to assess how 83 Oklahoma District Court judges rated extralegal factors influencing their perceptions of the credibility of mental health expert testimony. Quantitative survey research methods were used to collect the data. Friedman ANOVAs by ranks with multiple comparisons were used to test differences across multiple characteristics, and Spearman rho coefficients assessed relationships of age and gender of judges with their importance ratings of extralegal factors. The results showed that judges preferred PhD psychologists over other mental health professionals, witnesses who drew firm conclusions, testimony in layman's terms, and citing theories accepted by the scientific community. A child's testimony and educational credentials of experts were important to younger female judges when deciding custody as was maintaining the integrity of the family when deciding termination issues. Other findings included: all judges agreed sexual abuse was the most important criteria for terminating parental rights, all forms of child abuse were important case factors that influenced judges' decisions, and disparaging parents and substance abuse by a parent were important to older male judges in their decisions. Results from this study will assist in the development of core curricula for courtroom skills training for mental health experts, paving the way for positive social change. With improved training and quality of expert testimony, judges will be more likely to use testimony from knowledgeable unbiased experts when making decisions which will benefit children, families, and communities.

Mandates have been issued for educators to collaborate and improve student achievement, requiring a change in instructional practices through teacher talk. Teachers have struggled to make the transitional conversion from team planning to observed changes in instructional practices with evidence of improvement. The purpose of this qualitative study was to examine how teachers collaborated while following the Ohio Improvement Process. The purpose was then to make data-driven changes regarding instructional practices in the continuous improvement cycle. The conceptual framework was constructed from the teachers' dialogic stances towards talk of instruction, along with the intellectual and emotional attitudes teachers have about making changes. The guiding research question examined the ways teachers have been influenced by each other to make changes in instructional practices. The case study design observed a sample of 10 teachers from two teacher-based teams, with five of those teachers being interviewed. Observational data were examined for dialogic stance toward talk of instructional practices, whereas interview data were analyzed looking for evidence of the cognitive restructuring. Statements were categorized as motivations and influences. The analysis revealed that the teachers are changing their thinking through motivations and influences from collaboration. Literature has supported the findings that teachers could benefit from a gradual implementation process leading to the continuous improvement cycle. By developing a policy recommendation paper with a focus on teacher learning, positive social change may include preparing and empowering teachers for the changes that occur through collaboration.

The purpose of this study was to examine secondary mathematics teachers' questioning, responses, and perceived influences upon their instructional decisions regarding questioning and response to students' ideas. This study also compared the questioning practices, responses, and influences of beginning teachers to more experienced teachers. Previous studies on teacher quality in mathematics education have focused on general characteristics of mathematics teachers' instructional practice including a broad range of instructional strategies. Little is known about mathematics teachers' questioning practices and responses to students' ideas that research has repeatedly reported are critical to student mathematics learning in secondary classrooms. Furthermore, it is not clear how different novice teachers are in questioning and responding to students from experienced teachers. This understanding can provide significant insights into teacher education programs for mathematics teachers. With those issues in mind, this study was designed to answer the following questions: (1) What similarities and differences exist in questioning patterns between novice and experienced teachers when guiding a classroom mathematical discussion? (2) What similarities and differences exist in responses to students during pivotal teaching moments between novice and experienced teachers when guiding a classroom mathematical discussion? (3) What perceived factors impact the responses teachers give to students' ideas, and how are these factors of influence different among novice and experienced teachers? This study employed a multiple case study research design to compare the questioning practices and responses of three beginning teachers and three experienced teachers. Multiple sources of data were collected, including two interviews (i.e., initial interview and follow-up interview) for each teacher, five days of classroom video footage for each teacher, and field notes by the researcher for each interview and observation. The researcher conducted initial interviews with each teacher to gain a general sense of the teacher's philosophy and use of questions in guiding classroom discussion. Five instructional days of observation followed the initial interview, and then the researcher conducted a follow-up interview by use of video-stimulated response. All interviews were transcribed verbatim for analysis. The data was analyzed mainly using the constant comparative method to identify regularities and patterns emerging from the data. Results showed differences between beginning and experienced teachers in the frequency and variety of questions asked. Although all teachers showed the largest number of questions in the Socratic questioning category, differences were prominent in the semantic tapestry and framing categories. Results regarding teacher responses to pivotal teaching moments showed that four teachers favored a procedural emphasis in their responses to students, and two teachers used responses to direct students to make clear connections within or outside of mathematics. Perceived influences identified include: (1) reflection on experience and mathematical knowledge for teaching, (2) time, and (3) relationship with students, teachers, and parents, and knowledge of student background. Practicing teachers can expand the types of questions they use in the classroom, making particular efforts to include those areas that this study showed to be most lacking: semantic tapestry questions that help students build a coherent mental framework related to a mathematical concept, and framing questions that help frame a problem and structure the discussion that follows. The comparison between beginning and experienced teachers also shed light on important practices for teacher education. The beginning teacher participants from this study had no trouble noticing pivotal teaching moments in their lessons but were less developed in their responses to them. Recommendations for mathematics teacher education programs are to provide opportunities to develop content, pedagogical knowledge including specific instruction on questioning strategies, and also to provide parallel field experiences where pre-service teachers can apply the knowledge and skill they are learning.

A presente Tese de Doutorado tem como objetivo analisar os mecanismos de implementação das decisões do Sistema de Solução de Controvérsias da OMC, consideradas como decisões adjudicatórias internacionais, na busca pelo incremento de efetividade desse sistema, e com a finalidade de proposição de um modelo para tal implementação no sistema jurídico brasileiro. O estudo adota uma abordagem dialética entre a dimensão teórica e a dimensão empírica de seu objeto, na investigação acerca das condições nas quais o Sistema de Solução de Controvérsias gera seus efeitos nos membros da OMC, bem como dos sujeitos e processos envolvidos nessa dinâmica transnormativa. A partir da análise empírica dos casos nos quais o Brasil atuou como demandante, demandado e terceira parte no Sistema de Solução de Controvérsias da OMC, e do exame da implementação por parte de seus principais usuários, a pesquisa desenvolve constatações sobre a diversidade dos mecanismos de implementação e dos efeitos jurídicos das decisões desse sistema de resolução de litígios nos diferentes ordenamentos. O trabalho procura enfrentar as complexidades de seu objeto no contexto normativo-institucional brasileiro, avaliando o tratamento casuístico, difuso e informal conferido à temática da implementação das decisões do Sistema de Solução de Controvérsias da OMC no Brasil, e confirmando a hipótese da necessidade e conveniência do estabelecimento de um marco normativo geral que institucionalize e legitime a escolha relacionada ao meio de implementação dessa decisão. / This Thesis aims to analyze the mechanisms for implementing the decisions of WTOs Dispute Settlement System, considered as international adjudicatory decisions, in the search for increasing effectiveness of this system, and in order to propose a model for implementation in the Brazilian legal system. The study adopts a dialectical approach between the theoretical dimension and the empirical dimension of its object, in the investigation of the conditions in which the Dispute Settlement System generates its effects on members of the WTO, as well as the subjects and processes involved in this transnormative dynamic. From the empirical analysis of cases in which Brazil served as plaintiff, defendant and third party in the WTOs Dispute Settlement System, and the review of the implementation by their main users, this research reveals findings about the diversity of implementation mechanisms and of legal effects of the decisions of this dispute resolution system in various jurisdictions. The thesis seeks to address the complexities of its object in the brazilian legal-institutional context, evaluating the casuistic, diffuse and informal treatment given to the implementation of the decisions of the WTOs Dispute Settlement System decisions, and confirming the hypothesis of necessity and advisability of establishing a general normative framework that institutionalizes and legitimizes the choices related to the measures for implementing these decisions.

Este trabalho trata da interpretação da sentença civil, aqui entendida como pronunciamento jurisdicional de órgão não penal de primeiro ou de grau superior, definitivo ou ainda sujeito a recursos , que deve oferecer solução adequada para uma demanda submetida a julgamento. Para preparar a discussão sobre esse tema central, são desenvolvidos diversos pontos envolvendo a sentença, cujos elementos estruturais devem ser bem identificados e compreendidos, a fim de poder sustentar afirmações a serem depois desenvolvidas. Da mesma forma, diversos outros temas relacionados a tal provimento judicial são tratados, com vistas a desenvolver a tese, que pretende demostrar que, como ato discursivo, as regras sobre interpretação de textos aplicam-se à sentença e, como ato jurídico, os métodos para interpretação da lei e do negócio jurídico são o ponto de partida para a compreensão dela; mas que, como pronunciamento jurisdicional de resposta a uma demanda, como ato destinado a eliminar um conflito de interesses com apoio no Direito vigente, a sentença apresenta particularidades, cuja interpretação deve seguir caminhos próprios. A identificação da natureza jurídica e da função da sentença, especialmente aquela do processo de conhecimento como ato processual resolutivo de disputa, destinado a restabelecer a paz social abalada pelo conflito apresentado ao Poder Judiciário, que, a um certo momento, deve ficar imune a rediscussão, sem o que haveria insegurança jurídica é pressuposto para a construção de métodos próprios de interpretação de tal pronunciamento jurisdicional. A tese considera que a preocupação interpretativa pode variar, conforme a sentença possa ainda ser aperfeiçoada ou já não mais se submeta a recursos, justificando o exame particular dessas duas situações. Sob outro aspecto, conquanto os requisitos para a elaboração da sentença sejam os mesmos que os para confecção de acórdão, a forma de realização de um julgamento por órgão monocrático é diversa daquela desenvolvida por órgão colegiado, exigindo o enfrentamento de particularidades a se terem em conta quando da interpretação de cada um desses pronunciamentos jurisdicionais. Depois de haverem sido oferecidos meios para interpretação da sentença (sempre naquele sentido amplo), destinados a que o seu intérprete disponha de elementos teóricos de sustentação para sua tarefa revelando-se, pois, como zetético o método de pesquisa aqui desenvolvido , a tese apresenta julgados, que são analisados à vista das propostas interpretativas nela desenvolvidas. O trabalho termina com uma conclusão, em que são resumidos os pontos mais salientes desenvolvidos ao longo dele. / This paper deals with the interpretation of the civil judgment, here it means a jurisdictional statement, from a non criminal court, in a trial or higher court - which is the final decision or which is subject to appeal, which needs to offer adequate solution to a demand on trial. In order to open up the discussion on this central theme, we developed several points involving the sentence whose structural elements should be well identified and understood, in order to substantiate claims that will be investigated later. Likewise, many other topics related to Court decisions, are considered in order to develop a thesis, which aims to demonstrate that the rules of text interpretation can be applied to sentences and, as a legal act, the methods for interpreting the law and the legal business are the starting point for understanding them; even more than a judicial statement to response to a demand, it is an act intended to eliminate a conflict of interest with its support coming from current legislation, the sentence has peculiarities, whose interpretation must follow its own paths. The identification of the legal nature and function of the sentence, especially that of knowledge as a resolute act of procedural dispute, designed to restore social peace shattered by conflict presented to the judiciary bodies, which, at a certain point, should be immune to re discussion, without which there would be legal uncertainty it is a prerequisite for the construction of proper methods of interpreting such court decisions. The thesis considers the interpretive concern may vary as long as the sentence can still be improved or if it can no longer use resources to appeal, justifying the particular examination of these two situations. On the other hand, while the requirements for the preparation of a sentence are the same as for making judgment, the embodiment of a trial by a tyrannical body is different from that developed by a collective body, requiring coping characteristics to take into account when interpreting each judicial decision. After the means to interpret the sentence having been provided (always in that broad sense), for the interpreter to have theoretical support for his task being zetetic, the research method developed here - the thesis presents judgments, which are analyzed in view of the interpretive proposals here developed. The paper ends with a conclusion that summarizes the main points developed along it.

This thesis reports on a study that examined customer accounting (CA) in Australian companies. The broad aims of the thesis are to develop an understanding of the organisational role played by CA practice and the role accounting plays in providing information about a firm's customer base. Three empirical phases have been undertaken in the study. The first phase involved exploratory interviews with accountants and marketers from a number of Australian firms. The second phase comprised an in-depth case study that involved the development of a segmental customer profitability analysis in a major Australian telecommunications company. The third empirical phase involved the administration of a survey questionnaire to chief accountants and marketing managers from a number of large Australian companies. A number of significant findings are reported and include: (1) A level of CA practice has been observed that is reasonably in line with what was anticipated based on the minimal previous academic interest in this area. (2) There appears to be a potential for further CA development in Australian companies. (3) The interview findings identified 'short-term tactical decisions' and 'focus attention on maximising customer value' as the two most important organisational roles CA may play. (4) CA systems were found to provide important information for marketing resource allocation decisions, customer retention decisions, customer service management decisions and customer pricing decisions. (5) The main barriers to CA implementation identified during the segmental CPA case study and exploratory interviews concerned information technology and data acquisition problems. This finding was supported by the results of the survey questionnaire phase of the study where in addition to these two barriers, 'other competing organisational priorities' was rated highly as an impediment to CA system development. (6) Some support was found for the proposed relationships between CA and the contingent factors of company size, customisation, and organisational structure. (7) Limited support was found for the proposed positive association between CA systems and competition intensity and marketing orientation. (8) No support was found for the proposed relationships between perceived environmental uncertainty, organisational strategy, organisational performance and CA systems. (9) Customisation was the only contingent factor found to have a significant impact upon the potential of CA to aid management.

Doctor of Philosophy(PhD) / Retirement income policy in Australia has undergone significant changes over the last two decades, including the introduction of the Superannuation Guarantee [SG] with mandatory contributions in 1992 and the 2007 superannuation changes with the benefit tax abolition. Numerical implications of adopted pension reforms and reform proposals such as further increases in the SG contribution rate, changes to superannuation taxation and to means-testing of the age pension have been examined mainly by micro-simulation models. These models, often criticized for their lack of theoretical content, provide an incomplete picture of pension policy effects because of no or limited behavioural responses to underlying policy changes. In this thesis, models based on the life-cycle theory of saving pioneered by Modigliani and Brumberg (1954) are applied to simulate behavioural, welfare and macroeconomics effects of proposed changes to Australia’s pension policy. In particular, this thesis develops the following computable models: a life-cycle, single household model, a partial equilibrium, household model and a general equilibrium model with overlapping generations [OLG]. The single household model describes lifetime behaviour of the utility-maximising single household with uncertain lifespan. The model features perfect capital markets, endogenous labour supply and retirement decisions, and it incorporates main aspects of Australia’s pension and income tax policy settings. The simulated policy changes are (i) increase in the SG contribution rate, (ii) superannuation tax changes and (iii) abolition of the age pension means test. The results indicate higher retirement consumption and welfare gains from all the analysed pension policy changes. Partial equilibrium and general equilibrium models introduced in this thesis are built on lifetime behaviour of the single household. Both models distinguish many generations of households by age and, therefore, are capable of studying behavioural and welfare effects of policy changes for different generations. The partial equilibrium model examines behaviour of the household sector in the environment of the fixed factor prices. It is shown, for instance, that welfare gains from the investigated pension policy changes are not uniformly distributed across generations. The general equilibrium OLG model extends the partial equilibrium analyses by incorporating production, government and foreign sectors in addition to household and pension sectors. The model is a small open economy version of Auerbach and Kotlikoff’s (1987) OLG model. The simulation results are significantly different from those in the partial equilibrium framework, driven mainly by the changes in aggregate labour supply. For instance, the higher SG rate policy increases aggregate assets and saving. However, the saving increases are exported abroad rather than invested in the domestic capital stock. Hence, the implications of this policy change for the capital stock and output are minimal. Younger cohorts and future born generations experience consumption and welfare gains but older cohorts are negatively affected by a higher consumption tax rate resulting from this hypothetical policy change.

<p>Platser utvecklas, nya destinationer upptäcks ständigt. Människor finner varje år nya resmål att besöka av olika orsaker. Turismen är en viktig inkomstkälla för många länder och under 2008 fanns det 922 miljoner internationella turister. Turismen är den största och snabbast växande ekonomiska sektorn i världen. China Outbound Tourism Development påstår att världen kan räkna med upp till 54 miljoner kineser under detta år, 2010. Det uppskattas att cirka 6,68 miljarder dollar kommer spenderas under resorna. </p><p>Författarna av denna uppsats har utfört en studie av kinesiska turisters motiv och resebeslut till att resa till Sverige.  Syftet med uppsatsen var att ta reda på varför kineser väljer att resa till just Sverige, och vad det är som lockar de till att välja ett land, långt ifrån Kina.</p><p>Uppsatsen utgick från kvalitativa intervjuer och intervjuerna utfördes genom semistrukturerade frågor. Intervjuerna utfördes på kinesiska, som sedan översattes till svenska av författarna. För att få svar på intervjufrågorna valde uppsatsförfattarna att utföra intervjuer med kinesiska turister på olika attraktiva platser i Stockholm. Dessa var bland annat Stadshuset, Gamla Stan och Vasamuseet. </p><p>I empirin kommer läsarna att kunna läsa om bland annat vad respondenterna ansåg om Sverige och vad deras reseanledningar var, samt ifall de har planer på att återbesöka Sverige. Utifrån analyserna som har gjorts kan författarna konstatera att det är viktigt att ständigt vara uppdaterad om vad som eftertraktas på marknaden. Det är även viktigt att erbjuda det som önskas för att kunna bli en önskad destination att besöka. Resultatet av studien ledde till flera slutsatser. Utifrån intervjuerna och dess svar kunde författarna skapa ett mönster, vilket skapar en förståelse för varför besökare väljer att komma till Sverige. Dessutom fick författarna en inblick i om hur de kinesiska turisternas uppfattningar skiljer sig innan resans start och under resans gång. Nyckeln ligger i att veta vad besökaren är ute efter, vad som får denne att vilja besöka just en specifik plats och förhoppningsvis sedan göra ett återbesök till destinationen.</p> / <p>Places are developing, new destinations are constantly discovered. People find each year, new destinations to visit for different reasons. Tourism is an important source of income for many countries and during 2008 there were 922 million tourists. Tourism is the biggest and fastest growing economic sector in the world. China Outbound Tourism Development claims that the world can count on up to 54 million Chinese tourists who travel during this year, 2010. It is estimated that approximately 6, 68 billion dollars will be spent during the travels. </p><p>The authors of this thesis have conducted a study of Chinese tourists' travel motives and decisions to travel to Sweden. The mission was to find out why Chinese choose to travel to Sweden, and what it is that attracts those to choose a country far away from China. The thesis was based on qualitative interviews, and the interviews were carried out by semi-structured questions. The interviews were conducted in Chinese, which then was translated into Swedish by the authors. In order to receive a response the authors of the essay chose to conduct interviews with Chinese tourists at various attractive places in Stockholm, including the City Hall, Old Town, and the Vasa Museum. </p><p>The readers will in the empirical part be able to read about what respondents felt about Sweden and what their reason was for travel, and if they have plans to visit Sweden again. Based on the analysis that is done, the authors’ note that it is important to be constantly updated about what is in demand at the market.  It is also very important to offer what is desired in order to become a preferred destination to visit. The results of the study led to several conclusions. From the interviews and the responses the authors could create a pattern, creating an understanding of why visitors choose to come to Sweden, how their perceptions differ before starting the journey and after the voyage. The key is to know what visitors are looking for, and what they may want to visit at a specific location, and then hopefully do a return visit to the destination.</p>

<p>The aim of this paper is to try to explain how specific, foreign policy decisions are made, and why one state decides to use violence against another state. A qualitative method is used, and text and documents are analysed. The two theoretical points of departure are central within foreign policy analysis: realism´s theories on external threats and constructivism´s theories on ideas´ policy influence. The empirical case chosen is the US decision to use military violence against Iraq. The paper investigates whether the real threat from Saddam Hussein´s Iraq was the cause of the American military attacks, or whether the ideas of leading politicians in the USA were decisive for the decision to invade the country. The main theoretical assumption is that politicians´ ideas – rather than real, external threats – influence their actions. </p><p>The differences between President Clinton´s benevolent Iraq policy and President Bush´s aggressive Iraq policy can be summarized as a result of a combination of a changed external environment and differences in ideas on the use of military violence. The general conclusion is that politicians´ ideas – rather than real, external threats – influence their decision-making on specific foreign policy decisions.</p>

Traditional inventory models focus on risk-neutral decision makers, i.e., characterizing replenishment strategies that maximize expected total profit, or equivalently, minimize expected total cost over a planning horizon. In this paper, we propose a framework for incorporating risk aversion in multi-period inventory models as well as multi-period models that coordinate inventory and pricing strategies. In each case, we characterize the optimal policy for various measures of risk that have been commonly used in the finance literature. In particular, we show that the structure of the optimal policy for a decision maker with exponential utility functions is almost identical to the structure of the optimal risk-neutral inventory (and pricing) policies. Computational results demonstrate the importance of this approach not only to risk-averse decision makers, but also to risk-neutral decision makers with limited information on the demand distribution. / Singapore-MIT Alliance (SMA)