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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
11

Architectural Apprenticeship: A Case Study of Exemplary Practice

Szumlic, Thomas Stephen 11 October 2017 (has links)
The purpose of the study was to describe the nature of the architectural apprenticeship experience from a curricular, instructional, social, and transformative perspective to help interns move from novice status to entry-level expertise in architectural practice. The study examined the apprenticeship experience from a holistic perspective to develop a better understanding of the architectural internship program. To meet the study purpose and inquiry, a case study research design was used to explore and describe the nature of the apprenticeship experience from the perspectives of three stakeholder groups: the interns, the mentors, and the members of the community of practice (CoP). Overall, as evidenced by the perspectives of the Interns, the Firm serving as the case study emphasized all-aspects of architectural practice as the basis for the development of a holistic apprenticeship experience. That is, the Interns participated in the whole of the Firm’s architectural practice. Additionally, the Firm used work- and project-based learning as the vehicle for the apprenticeship curriculum and instruction. As a result, the Interns were grounded in authentic learning and work contexts requiring the application of architectural knowledge and skills. Further, because of the all-accepts of architectural practice and the grounding of work- based and project-based learning, the interns purposefully progressed in expertise through increased participation in architectural projects requiring enhanced demands in terms of knowledge and skills. Study findings highlighted the role of a holistic approach to the apprenticeship experience, the value of immersion in all aspects of architectural practice, and the firm’s commitment to be engaged in a process of shared transformation. As such, related findings should be helpful in the conceptualization and implementation of the architectural apprenticeship experience in the field.
12

The effect of due diligence of the investor in the protection of legitimate expectations

Muñoz Perea-Cruz, Melani January 2020 (has links)
As the field of investment treaty arbitration has exponentially grown in the last years, the definition and the framework of key elements in the field, such as legitimate expectations, have been largely discussed by scholars and arbitrators. As jurisprudence has gone on to tackle such issue, it has been the appearance of concepts, such as due diligence, which have shaped and re-defined the standing of legitimate expectations in the field of investment treaty arbitration.
13

Balancing employer and employee iterests : legitimate expectations and proportionality under the Acquired Rights Directive

Skandalis, Ioannis January 2013 (has links)
This thesis analyses the aims and objectives of the EU Acquired Rights Directive (ARD) in the context of the larger evolution of EU labour law itself. The thesis presents the overall goal of the ARD as that of striking an appropriate balance between the employer’s prerogative to transfer the business and the employee’s interest in not having the security of the job unduly threatened by such transfers. Given the current complexity and incoherence of the law regulating economic dismissals in the context of transfers, the central argument of the thesis is that there is a need for a clearer conceptual framework for defining and understanding the rights and obligations in the Acquired Rights Directive (ARD). It is suggested that the principles of legitimate expectations and proportionality are ideally adapted to play this role. In analyzing the teleology of the ARD based on these principles, this study not only assists in understanding and explaining the ARD itself, but also has wider implications for understanding the challenges facing European social policy in the field of employment protection. In its attempts to reconcile fundamental economic freedoms of employers on the one hand, and fundamental rights of employees on the other, the Court of Justice has frequently relied upon the proportionality principle to achieve a ‘fair balance’ between both parties. Following the interpretations of ‘proportionality’ in Viking and Laval, there is admittedly a fear that the proportionality balancing is likely to accord an almost absolute priority to the employers’ economic freedoms. The thesis is cognizant of this danger, and therefore advocates a ‘symmetrical’ approach to balancing. In this way the thesis offers some insight into the potential for the ARD to remain continuously effective in times of economic crisis. The study therefore finds reason to be optimistic about the prospects for the ARD and other standard-setting directives in the future of social Europe.
14

Personal histories as a component of an ethnography of expert assessment practice in the workplace.

Msimango, Sindiswa Nontembiso 12 March 2012 (has links)
This research report describes the learning histories of computer assistants and expert assessment practice. This takes place in a workplace where computer training, specifically the fixing of hardware (CPU) occurs. It is hoped that the evidence collected might contribute towards the recognition and understanding of tacit assessment on the National Qualifications Framework, (NQF). In uncovering these learning histories and expert assessment practices, a component of ethnography which involves case history interviews and discussions was used. The theoretical framework used was situated learning theory and the legitimate peripheral participation of the computer assistants. This framework is itself embedded in the theory of constructivism. Case histories used as a component of ethnography is part of a bigger ethnographic project developed by the South African Qualifications Authority (SAQA). This particular study will contribute along with other projects in the University of Witwatersrand research group, to make up a full ethnographic account of learning and assessment in the workplace.
15

The GDPR's lawful basis of legitimate interest : Advice and review regarding the balancing operation as of GDPR Article 6.1 (f)

Eriksson, Dan January 2019 (has links)
The objective of the thesis is to analyse law, case law, recommendations and opinions and to some extent legal doctrine to produce commercially viable advice (in other words, a check-list) on what to think about when conducting a balancing test as of GDPR Article 6.1 (f)
16

Processo (in)civil e (in)segurança jurídica / (Un) civil procedure and legal (um)certainty.

Yoshikawa, Eduardo Henrique de Oliveira 11 June 2014 (has links)
A presente tese tem por objeto o estudo da influência e da importância da segurança jurídica para o processo civil. Para tanto, na primeira parte do estudo é feito um exame dos contornos e dos fins da segurança jurídica, da sua caracterização como princípio constitucional inerente ao Estado Democrático de Direito e da sua relação com outros princípios constitucionais e, finalmente, da sua importância para além do próprio Direito. Na segunda parte do trabalho é ressaltada, inicialmente, como a relação entre o direito material e o direito processual torna mais intensa neste a necessidade de segurança jurídica, bem como a utilidade do conceito de entropia para a compreensão do fenômeno processual. Após crítica às idéias de discricionariedade judicial e de criação judicial do direito, bem como da utilização de conceitos indeterminados pelo legislador, a análise da relação entre segurança jurídica e processo prossegue em temas relativos à técnica processual, como formalismo, fungibilidade, cognição judicial e eficácia das decisões. Tal exame abrange ainda a manifestação da segurança jurídica nos princípios processuais e em alguns institutos que com ela guardam especial afinidade, como a coisa julgada, a preclusão, o ônus da prova e os mecanismos de uniformização da jurisprudência, terminando com o estudo da segurança jurídica no campo do direito processual intertemporal / This thesis has as its object the study of the influence and importance of legal certainty to civil procedure. In order to achieve this purpose, in the first part of the study is made an examination of the contours and purposes of legal certainty, its characterization as a constitutional principle inherent to the rule of law and its relationship with other constitutional principles and, finally, its importance beyond the field of Law. In the second part of the work is initially emphasized that the relationship between substantive law and procedural law gives rise to a greater need for legal certainty from the latter, as well as the usefulness of the concept of entropy for the understanding of the procedural phenomenon. After criticism of the ideas of judicial discretion and the creation of law by judges, as well as the use of undetermined legal concepts by the legislature, the analysis of the relationship between legal certainty and the civil process continues in issues relating to procedural technique, such as formalism, fungibility, cognition and effectiveness of judicial decisions. This review also covers the manifestation of legal certainty in procedural principles and in some institutes that hold special affinity with it, such as res judicata, estoppels, burden of proof and mechanisms to prevent contradictory judicial decisions, ending with the study of legal certainty in the field of intertemporal procedural law.
17

O princípio da confiança legítima sob a perspectiva das práticas reiteradamente observadas pelas autoridades administrativas em matéria tributária / The principle of legitimate expectations from the perspective of the practices observed repeatedly by administrative authorities on tax matters

Tilkian, Guilherme 23 May 2014 (has links)
Este trabalho versa sobre a aplicação do princípio da confiança legítima no Direito Tributário brasileiro, com foco no art. 100, inciso III, do Código Tributário Nacional (CTN), que trata das práticas reiteradamente observadas pelas autoridades administrativas. Parte-se da origem do princípio, aproximando a investigação por meio do princípio da segurança jurídica, da certeza do direito e da irretroatividade; em seguida, diferencia-se a proteção da confiança da boa-fé objetiva e prossegue-se pelo princípio da legalidade e a evolução jurisprudencial a respeito da conservação positiva ou negativa dos atos eivados de vícios quando deles se originaram direitos. Foca-se, então, nos requisitos para a configuração da confiança digna de proteção e os mecanismos de proteção positiva ou negativa dessa confiança. Desse ponto em diante, o estudo passa a desenhar a proteção da confiança legítima nos atos do Poder Executivo, por meio da análise do art. 100 do CTN, como fonte secundária de direito tributário. Conceituam-se as normas complementares, a origem e sua função, para então proceder-se ao exame específico das práticas reiteradamente observadas pelas autoridades administrativas e sua relação com o princípio da confiança legítima. Em seguida, analisa-se o parágrafo único do art. 100 do CTN para avaliar se são corretas a não atualização monetária da base de cálculo do tributo e a admissão de retroatividade parcial dos efeitos do reconhecimento da ilegalidade da prática administrativa em que confiou o contribuinte. Examina-se, de início, se a inércia da Administração Pública acerca de lançamento cuja homologação se dê de maneira tácita seria um silêncio positivo a configurar prática reiterada suficiente para dar respaldo à proteção do parágrafo único do art. 100 do CTN. O estudo avalia se, no caso dos tributos indiretos, pela impossibilidade de o contribuinte transferir ao consumidor a exação, justificaria uma proteção maior do que aquela conferida pelo próprio parágrafo único do art. 100 do CTN. Por derradeiro, a norma do art. 146 é confrontada com a do art. 100, inciso III, ambos do CTN, para fins de estabelecer os campos de aplicação de uma e de outra e em que medida elas se relacionam com a proteção da confiança legítima. / This work deals with the application of the principle of legitimate expectations in Brazilian tax law, focusing on Article 100, section III of the Brazilian Tax Code, which deals with the practices observed repeatedly by administrative authorities. The proposed scientific part of the origin of the principle, approaching research through the principle of legal security, legal certainty and non-retroactivity. Then differentiates the protection of reliable objective good faith and goes by the principle of legality and judicial developments regarding conservation (positive or negative) of the acts riddled with addictions when their rights originated. Focuses, then, on the requirements for setting up trust worthy of protection and the protection mechanisms positive or negative that trust. Thereafter the study is to draw back the protection of legitimate expectations in the acts of the Executive, through the analysis of Article 100 of the Internal Revenue Code, as secondary sources of tax law. Conceptualize themselves supplementary rules, the origin and function, down to the specific scope of practice repeatedly observed by the administrative authorities and their relation to the principle of legitimate expectations. Then we analyze the sole paragraph of article 100 of the Internal Revenue Code to assess whether it is correct not to monetary base tax calculation and admission of retroactivity of the effects of partial recognition of the illegality of administrative practice that relied on the taxpayer. Turning to specific issues initially analyzed is the inertia of public administration, which tacitly approves taxes charged for approval, would be a positive silence configuring repeated practice enough to give birth to protect the sole paragraph of article 100 of the Tax Code national. The study evaluates whether, in the case of indirect taxes, the inability of the taxpayer to transfer the consumer the exaction would justify greater protection than that afforded by the sole paragraph of article 100 of the Internal Revenue Code. Finally, the norm of Article 146 is confronted with Article 100, item III, both of the National Tax Code, for purposes of establishing fields of application of one and the other and the extent to which both relate to the protection of legitimate expectations.
18

Tyst Kunskap : En kvalitativ studie om hur tyst kunskap tas tillvara på inom detaljhandeln

Korshed Lejon, Kani, Millqvist, Ludvig January 2019 (has links)
In a society where knowledge is more and more valuable, every moment that knowledge can be shared between colleagues is of great importance. According to our earlier personal experiences, we thought that organizations prioritised explicit knowledge and not tacit knowledge.  To contribute to knowledge on the subject we choose to do a study where we focused on the experiences of coworkers that works in shops. The purpose of the study then became: “to investigate how tacit knowledge is made use of in shops from the perspective of coworkers”. With the purpose in mind, we created two questions: “How does the coworkers of shops perceive that tacit knowledge occurs on their workplace?” and “how does coworkers perceive that they share their tacit knowledge”?  The study is made with a qualitative approach the collection of data has been made through seven semistructured interviews with coworkers. When we analyzed the empiric material, we’ve analyzed it through the theory of situated learning by Lave and Wenger that is included in the sociocultural perspective. Some things that the result showed according to our interpretation was observation and social interactions with other colleagues is the most common way that tacit knowledge can be shared through on the respondent’s workplaces, that the organizations do have a plan to make use of the explicit knowledge in greater extent than tacit knowledge, the respondents views trust as an important factor when it comes to sharing their tacit knowledge. / I ett samhälle där kunskap blir mer och mer värdefullt är vartenda tillfälle där kunskap kan delas mellan kollegor av stor vikt. Våra personliga uppfattningar är att organisationer prioriterar formell kunskap som kan förmedlas i ord och skrift och inte den tysta kunskapen.  För att bidra med kunskap i ämnet valde vi att göra en studie där vi fokuserar på medarbetare som arbetar i butik för att ta reda på deras uppfattningar. Syftet blev då: “att undersöka hur tyst kunskap tas tillvara på inom detaljhandeln utifrån medarbetares perspektiv”. Utifrån syftet skapade vi de två frågeställningarna: ”Hur uppfattar butiksmedarbetare att tyst kunskap förekommer på deras arbetsplats?” och ”Hur upplever medarbetare att de delar sin tysta kunskap?  Studien har gjorts med kvalitativ ansats och datainsamlingen har skett genom sju stycken semistrukturerade intervjuer med medarbetare. När vi analyserat det empiriska materialet har vi gjort det ur teorin situerat lärande av Lave och Wenger som ingår i det sociokulturella perspektivet. Några saker som resultatet visar enligt vår tolkning är att: observation och socialt samspel med andra kollegor är de vanligaste sätten som tyst kunskap delas på respondenternas arbetsplatser, att organisationerna har en plan för att ta tillvara på explicit kunskap i högre utsträckning än tyst kunskap samt att respondenterna ser tillit som en viktig faktor när de ska dela sin tysta kunskap.
19

Research on the law of legitimate and illegitimate children Between Taiwan and China

Kuo, Li-jun 06 January 2009 (has links)
Since Convention on the Rights of the Child of the United Nations are released, children's best interests becomes the highest principle for every state having legal system to deal with children's affairs. So we can say that the first serious mission of the subject of modern parent and tot's relation is protecting minor children's interests, then keeping the marriage and family peace and stable identity relations and etc. is the next. And in order to reach the above-mentioned purpose, the numerous countries have begun to examine their law of the marriage and family, even some advanced countries have abolished the differentiation between legitimate and illegitimate children too, in order to reach the demand for this two equalization. Now people of our country and mainland China ( what follows we call them two sides) contact with each other frequently, and then the extramarital sexual intercourse of people of two sides becomes numerous, and the quantity of the legitimate children also increases year by year. Base this, the announcement of the Equal Principle between legitimate and illegitimate children in mainland China marriage law has a deep meaning, but when we review our country, we find that our law about children's affairs has no response for the above-mentioned things. Even now our law about children's affairs still maintain the differentiation of legitimate and illegitimate children and also especially discriminate against the children of the mainland China in "The ordinance of people's relationship between Taiwan and mainland China ". So this thesis's aim is checking the legal system related to legitimate and illegitimate children of two sides by the standard namely with the children's best interests and look over them to find they observe the standard namely with the children's best interests or not. By the way, this thesis will try to find the reason and the cause that helping legal system about legitimate and illegitimate children stand out ,and try to find the real way to make legitimate children equal with illegitimate children in the modern status which has varied family type and varied pattern of both sexes getting along with each other. To this end, the thesis want to set up a new ¡§legitimate children presumption¡¨system to adapt to the above-mentioned purpose, and doesn't make children unequal just because their parents aren't husband and wife , and our law ¡]or mainland China's law¡^about children's affairs will juxtapose advanced countries.
20

Responsiveness of the Federal Health System to the Needs of 18-45 Year Old Adults With Physical Disabilities in Islamabad, Pakistan

Habibullah, Shaista 01 January 2012 (has links)
Abstract The health system has been defined as all people, institutions and resources that undertake actions with the primary intent of improving health, while responsiveness of the health system refers to its objective of responding to the legitimate expectations of the population it serves. Although responsiveness is a non-health objective of the health system, it affects the health status of the population by influencing treatment compliance, patient-provider communication and health services utilization. Furthermore, responsiveness has a fundamental value as it concerns basic human rights of the individuals being served by the health system. This study was undertaken to determine how well the Pakistani federal health system was responding to the needs of 18-45 year old adults with physical disabilities living in Islamabad, and the barriers that were hindering the government from responding to this vulnerable sub-group of the population. The study employed a qualitative approach. Data were collected through focus group discussions with 18-45 year old physically disabled consumers of healthcare in the three federal government hospitals located in Islamabad. In-depth, face-to-face interviews were conducted with health care providers, managers, policy makers, and disability rights advocates who had been operating within the same system. Results of the study indicated that the federal health system falls short in responding to the needs of a large population of physically disabled adults living in the Islamabad Capital Territory. This research has identified barriers operating at multiple levels of the health system, and within the policy making, financing and federal human resource milieu. The main barriers to responsiveness of the health system included vulnerability of persons with disabilities, lack of provider training, lack of priority accorded to issues confronting the disabled at the highest policy making levels, and the lack of a referral system. The pluralistic Pakistani culture also posed a barrier to responsiveness of the health system especially in case of women. The researcher expects this study to contribute to informed policy making and spur further research on the needs of this oft-neglected sector of the Pakistani population. The results of this study will be shared at multiple forums including top policy making levels, as well as at the level of healthcare management and provision and disability rights advocacy to address the issue holistically. This study focused on the federal health system and included only the federal government hospitals located within Islamabad. Future research may focus on responsiveness of the larger provincial health departments through quantitative as well as qualitative methods. Furthermore, the effects of responsiveness on healthcare seeking behaviors in vulnerable populations may also be studied. Larger scale studies may be undertaken to ascertain the association between responsiveness, healthcare seeking patterns and health status of the vulnerable populations. Such studies will not only contribute to the knowledge in the field but also provide much needed input for evidence-based policy making in the country.

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