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abstract: The rights of American Indians occupy a unique position within the legal framework of water allocations in the western United States. However, in the formulation and execution of policies that controlled access to water in the desert Southwest, federal and local governments did not preserve the federal reserved water rights that attached to Indian reservations as part of their creation. Consequentially, Indian communities were unable to access the water supplies necessary to sustain the economic development of their reservations. This dissertation analyzes the legal and historical dimensions of the conflict over rights that occurred between Indian communities and non-Indian water users in Arizona during the second half of the twentieth century. Particular attention is paid to negotiations involving local, state, federal, and tribal parties, which led to the Congressional authorization of water rights settlements for several reservations in central Arizona. The historical, economic, and political forces that shaped the settlement process are analyzed in order to gain a better understanding of how water users managed uncertainty regarding their long-term water supplies. The Indian water rights settlement process was made possible through a reconfiguration of major institutional, legal, and policy arrangements that dictate the allocation of water supplies in Arizona. / Dissertation/Thesis / Ph.D. History 2011

Master of Science / Department of Agricultural Economics / Ted C. Schroeder / With the decline in negotiated trade in the live cattle cash market, feedyards and packers are looking for new ways to increase cash trade. An online, fed cattle auction was created to increase transparency as well as increase the cash trade. Hedonic models have been used heavily to study feeder cattle and the value placed on their characteristics. There is little hedonic modeling done on live cattle and the value of their characteristics. The Fed Cattle Exchange is a new online platform, therefore, no research has been done on it. The objective of this research is to use hedonic modeling to determine the value packers place on characteristics of each lot of fed cattle sold. These characteristics include, weight, number of head, sex, days on feed, location, yield grade, quality grade, delivery time period, and use of a beta-agonist. This research found that use of a beta agonist, location, days on feed, number of head, weight, delivery time frame as well as inclusion of a Select percentage were all statistically important to the price paid. Results will benefit feedyards by informing the sellers on what buyers find the most desirable. This will help with both feedyard procurement practices as well as feedyard management practices.

Conselho Nacional de Desenvolvimento CientÃfico e TecnolÃgico / Em regiÃes semiÃridas, como à o caso do Estado do CearÃ, e Ãridas encontra-se um difÃcil cenÃrio de escassez hÃdrica devido a vÃrios fatores como irregularidade pluviomÃtrica, altas temperaturas e consequentemente, altas taxas de evaporaÃÃo, etc. Com uma alta demanda e uma oferta nÃo tÃo abundante, faz-se necessÃrio uma gestÃo da Ãgua que possibilite que todos os interessados nesse recurso possam ser atendidos em suas diferentes necessidades e quantidades. A alocaÃÃo de Ãgua à um processo de divisÃo de um bem entre indivÃduos com interesses freqÃentemente conflitantes. O objetivo deste trabalho à analisar o processo de tomada de decisÃo da alocaÃÃo de Ãgua nas Bacias HidrogrÃficas do Estado do CearÃ, identificando suas convergÃncias e divergÃncias metodolÃgicas. Para isso, entrevistas foram realizadas, assim como aplicaÃÃo de questionÃrios durante reuniÃes de alocaÃÃo negociada. O que se observa à que algumas bacias apresentam rituais e procedimentos similares, enquanto em outras verificam-se aÃÃes isoladas. De posse dessas informaÃÃes foram identificadas e propostas melhorias para o sistema de alocaÃÃo negociada nos processos de tomada de decisÃo nas reuniÃes de alocaÃÃo negociada nas bacias. / In semiarid regions, such as the State of CearÃ, and arid is a difficult scenario of water scarcity due to various factors like irregular rainfall, high temperatures and consequently high rates of evaporation, etc.. With a high demand and an offer not so abundant, it is necessary to water management that enables all stakeholders in this feature can be seen in their different needs and quantities. Water allocation is a process of division of property between individuals with often conflicting interests. The objective of this study is to analyze the decision-making process of water allocation Basins of the State of CearÃ, identifying their similarities and differences in methodology. For this, interviews were conducted, as well as questionnaires during meetings negotiated allocation. What is observed is that some basins have similar rituals and procedures, while in others there are isolated actions. Armed with this information were identified and proposed improvements to the system of negotiated allocation processes in decision-making meetings allocation negotiated basins.

Magister Artium - MA / The study explores the negotiation of identities through linguistic innovations such as codeswitching, code-mixing and differing language choices in different domains of home and school in Belhar. The focus is to examine how languages are used to negotiate class, age, generational, socio-economic, etc differences in selected schools and homes in the community of Belhar. The specific study objectives include the following: 1. To find out the linguistic options and identities (including hybrid identities), that are available to the Belhar community. 2. To explore how Afrikaans and English (and other languages) are used as linguistic resources in the community of Belhar. The Belvue Primary school was used as a vehicle to gain access to the families in Belhar which were used as case studies. The data was collected by observing learners in the classroom, interviewing educators, interviewing parents and observing linguistic practices in the homes/families of selected learners. Using poststructuralist coupled with the social constructionist approach the study is a clear departure from studies and paradigms current in vogue in South Africa, which have linked language and ethnic identity in unambiguous ways. These paradigms also see ethnic identity as fixed and communities as homogenous and language as having a one-to-one correlation with identity. However, these studies do not consider that identities are constructed and negotiated during interaction with others. In this regard it was found that individuals in the community of Belhar constantly construct and negotiate identity using language as central to the identity behaviour. Thus ultimately their language and identity cannot be described as pro-English or pro- Afrikaans.

Le droit applicable aux études d’impact environnemental a considérablement évolué depuis sa création par la loi sur la protection de la nature du 10 juillet 1976. D’un droit fondé sur une nature cloisonnée, on se retrouve en 2017 avec un droit souple et négocié, fondé sur une approche systémique et dynamique des interrelations entre l’homme et son environnement. Les échanges de connaissances par le biais de l’expertise offrent progressivement un espace de négociation où les intérêts économiques et la réalité scientifique en viennent à fusionner, donnant naissance à une conception modernisée de la nature : celle de l’évaluation de la biodiversité par les services qu’elle rend à l’homme. Pourtant, la complexité de la nature dépasse l’appréhension que l’homme peut en avoir. Dès lors, bien que les procédures juridiques applicables aux études d’impact environnemental reflètent encore les limites imposées par le pouvoir de l’économie sur la nature, le droit ouvre néanmoins une brèche grâce aux développements d’outils numériques qui pourrait permettre de rééquilibrer les forces en présence. La naissance d’une négociation écologique où les expertises scientifiques profanes, la participation du public et la création d’une connaissance commune de la nature influenceraient également la décision publique est alors peut-être en pleine émergence. / The law applicable to environmental impact assessments has evolved considerably since its creation by the Nature Protection Act of 10 July 1976. From a right based on a segregated nature to a right based on a systemic and dynamic approach of the interrelations between man and his environment, we work in 2017 with a flexible and negotiated right. Knowledge exchange through expertise gradually opens up a space for negotiation where economic interests and scientific reality merge, giving rise to a modernized conception of nature: the assessment of biodiversity by Services it renders to man. However, the complexity of nature surpasses the apprehension that man can have. Therefore, although the legal procedures applicable to environmental impact assessments still reflect the limits imposed by the economic power over nature, the law nevertheless opens up a breach through the development of digital tools that could equilibrate forces. The emergence of an ecological negotiation in which secular scientific expertise, public participation and the creation of a common knowledge of biodiversity would also influence public decision-making may well be emerging.

The thesis focuses on the historical-diachronic analysis of the development of the Democratic Republic of Congo’s educational sector, with particular reference to the context of Nord Kivu and its capital Goma. The thesis aim is to understand and investigate how the DRC's educational sector has managed to be resilient over time (especially with regard to its funding), taking into account the interaction of different actors involved. Through the application of Tobias Hagmann and Didier Péclard's negotiated statehood approach to the Congolese educational sector and to a specific school in Goma, Bemba Gombo / Saint Franҫois Xavier Insitute, it is possible to understand who are the principal actors in the educational field, and which actors are excluded from the negotiating tables of the Congolese educational sector.

For decades, union membership and activity has been declining in North America; employers have demanded greater flexibility and have successfully weakened workplace and worker protections. Modern workers increasingly use alternative strategies to negotiate conditions of employment with managers who have limited their discretionary power. Negotiated order theory provides a useful tool for analyzing the mesostructural arrangements of bargaining parties during labor disputes. This thesis applies negotiated order theory to explore how and why the National Football League (NFL) players have twice decertified their union and sought court intervention to challenge the legitimacy of the League's highly restrictive reserve system. An outcome-focused content analysis was designed as a preliminary investigation to ascertain why an alternative strategy was sought and if the strategy proved more effective in securing the players' preferred ends than conventional collective bargaining. The NFL case offers a fixed market from which to formulate a negotiation context of the interorganizational structures and bargaining interactions of its members.

Different national cultures use communication in different ways. When international businesses use resources in different countries, the communication needs to work for mutual understanding to occur. This essay focuses on the interactions between Sweden and Ukraine, and Sweden and India. As the business-oriented interactions play out, a negotiated culture is formed between the co-workers. Traditional cultural research makes comparisons between nations to predict outcomes, ignoring the importance of the interactions. This leaves no room for understanding the new culture that emerges in the meeting. The research conducted in this thesis is to be understood within the context of this negotiated culture; this space of interactions where the business communication takes place. Pioneers in our field we mapped the interactions observed in three virtual teams, called clusters, within the company. To understand the creation of mutual understanding several aspects were taken into consideration: the context of the company and the negotiated culture, the understanding of what another person means with their words – their frame of reference – and the view on and use of communication.  The research found a low awareness of the negotiated culture that co-workers communicate within. As the host country Swedish egalitarian and flat structure heavily biased the negotiated culture; yet with a focus on the relationship that came to permeate all findings. A friendly relationship and trust within the cluster helped with the communication, collaboration and understanding of each other. Initial physical meetings were found important for understanding another’s frame of reference, while the continuous meetings proved relationship building. The process of mutual understanding works very well within the clusters of the company. Others could use the findings of this report as guidelines in reaching mutual understanding.

Yes / Safe and successful surgery depends on effective teamwork between professional groups, each playing their part in a complex division of labour. This article reports the first empirical examination of how introduction of robot-assisted surgery changes the division of labour within surgical teams and impacts teamwork and patient safety. Data collection and analysis was informed by realist principles. Interviews were conducted with surgical teams across nine UK hospitals and, in a multi-site case study across four hospitals, data were collected using a range of methods, including ethnographic observation, video recording and semi-structured interviews. Our findings reveal that as the robot enables the surgeon to do more, the surgical assistant's role becomes less clearly defined. Robot-assisted surgery also introduces new tasks for the surgical assistant and scrub practitioner, in terms of communicating information to the surgeon. However, the use of robot-assisted surgery does not redistribute work in a uniform way; contextual factors of individual experience and team relationships shape changes to the division of labour. For instance, in some situations, scrub practitioners take on the role of supporting inexperienced surgical assistants. These changes in the division of labour do not persist when team members return to operations that are not robot-assisted. This study contributes to wider literature on divisions of labour in healthcare and how this is impacted by the introduction of new technologies. In particular, we emphasise the need to pay attention to often neglected micro-level contextual factors. This can highlight behaviours that can be promoted to benefit patient care.