El presente trabajo titulado análisis de la obligatoriedad del arbitraje en las contrataciones del Estado, se realizó con la finalidad de indagar acerca de la problemática que genera la obligatoriedad de la figura del arbitraje en las contrataciones públicas, planteando una reforma a la cláusula de solución de controversias y por ende la Ley de Contrataciones del Estado, otorgando otras alternativas a las partes, para la solución de las controversias y no solo limitarla al arbitraje, para ello se contó con la revisión bibliográfica de documentos legales; arribando a la conclusión, que el arbitraje y la corrupción se han relacionado de distintas formas, disputas derivadas de contratos obtenidos mediante corrupción, disputas derivadas de contratos para llevar a cabo prácticas corruptas, y disputas llevadas en un arbitraje corrupto. En ese sentido, se presenta como propuesta la creación de una reforma legal en virtud a modificar el carácter ‘obligatorio’ de la cláusula arbitral, eliminándola, en las contrataciones públicas. / The present work entitled analysis the mandatory of arbitration in contracting with the state, was carried out with the resolution to inquire about the problem generated by the obligatory nature of the arbitration figure in public procurement, proposing a reform to the dispute resolution clause and therefore, the State Contracting Law, granting other alternatives to the parties for the solution of the disputes and not only limits it to arbitration, for this there was a literature review of legal documents, reaching the conclusion that, arbitration and Corruption has been related in different ways, disputes arising from contracts affected by corruption, disputes arising from contracts to carry out corrupt practices, and disputes conducted in corrupt arbitration. Likewise, the creation of a legal reform was presented as a proposal by virtue of modifying the ‘mandatory’ character of the arbitration clause by eliminating it, in public procurement. / Trabajo de investigación

In recent years, there have been calls for a fundamental reconsideration of literacy policy and practice, and a broadening of perspectives on literacy achievement and assessment (Avineri et al., 2015; Calfee, 2014; Y. Goodman, 2014; Moss, Pullin, Gee & Haertel, 2005; Pearson, Valencia & Wixson, 2014; Pollock, 2008). This critical policy historiography answers these calls and contributes to research on the literacy policy making process by exploring the nature and outcomes of change in literacy policy between Race to the Top (RTT, 2009) and Every Student Succeeds Act (ESSA, 2015). Findings are contextualized through historical analysis of education reform movements and examination of policy actors influential in the literacy policy making process. Using document analysis surrounding the RTT and ESSA policy events, this research identifies shifts in ideological positionings in literacy policy language, examining what these shifts reveal about policy makers’ understanding of language and literacy acquisition and learning, with related implications for program implementation and classroom practice. Specifically, the report of the National Reading Panel (NRP) 2000 was chosen as the starting point for analysis of recent history because it represents the first time, in a decades-long pendulum swing between basic-skills-focused and meaning-focused philosophies of reading education, the federal government called together scientists, teachers, administrators, and teacher educators to determine what research said about reading (Shanahan, 2005). While the relatively low number of studies reviewed by the NRP, and its arguably contradictory findings, have been publicly contested (Gabriel, 2018; Yatvin, 2002, 2003), the Panel’s focus on phonemic awareness, phonics, fluency, comprehension, and vocabulary became known as the “big five” pillars of effective reading instruction (Allington, 2006; Coburn et al., 2011 Shanahan, 2005). The NRP report was used prominently in crafting Reading First (RF), the literacy initiative in No Child Left Behind (NCLB) (Calfee, 2014; Yatvin, 2002, 2003). Critiques of RF, however, found a curriculum gap in implementation (Allington, 2006; Coburn et al., 2011). Particularly at the K-3 level, RF was implemented using instructional approaches focusing heavily on phonological awareness, decoding, and fluency, while focus on comprehension and writing instruction was insufficient for the kind of balanced literacy acquisition necessary for continued reading and writing success in the upper-grades (Allington, 2006; Meier & Wood, 2004; Pearson, 2006; Teale, Hoffman & Paciga, 2014; Yatvin, 2002, 2003).As a result of patterns such as these, Alexander and Fox (2013) contend there exists no agreed upon, developmental theory of reading, in part because well-intentioned conceptions of balance in literacy instruction continuously evolve, and in part because the less well-intentioned “Reading Wars” never cease (Benavot, 2015; Dombey, 2014; Gabriel, 2013, 2018; Morrow & Gambrel, 2011; Teale et al., 2014). This study finds ESSA literacy policy represents remarkable progress toward an agreed upon, developmental theory of reading offering significant advantages for diverse learners. In addition, this study identifies potential “danger zones” created by gaps in ESSA literacy policy with important implications for further study.

Magister Administrationis - MAdmin / The object of this study is to examine and analyse the dynamics of central banks. The central bank in any country has a great impact on the economic and monetary issues within its jurisdiction. This research is based on a case study of the economic and monetary crisis in the Republic of Angola resulting from the prolonged phases of civil war. The study will focus in particular on the role of the Banco Nacional de Angola, the central bank of Angola. This bank has a very important role to play in the post-war phase, since it is the only institution capable of inspiring confidence in national and international markets. In this period the country has been closely observed by foreign investors who are believed by this researcher to be the only guarantee for an immediate development of the country. The study points out the main periods of economic crisis, emphasising their main causes and origins, and suggests ways of overcoming these problems on the path to economic recovery from the ravages of the war. Furthermore it examines the manner in which monetary policiesare monitored and implemented within the Angolan framework. Emphasis is given to the fact that the Angolan central bank was highly controlled by the state. This is due to the lack of financial resources at the state's disposal. It is believed by this researcher that the main problem of central banking in Angola is inefficiency in terms service delivery, which has had a significant impact on the quality of its functioning. This study gives some suggestions for possible tools for better performance of the central bank, so that Angola can move towards a better future. This researcher has used qualitative data from secondary sources, exploring and analysing existing information from resources such as journals, reports, legal documents, as well as banking and government sources. This researcher has also collected and analysed national and international laws and legislative policies regarding central banks in general, and the Banco Nacional de Angola in particular.

This dissertation examines whether the lack of ready access by trustees to a codified set of their fiduciary duties is contributing to poor governance of trusts and whether setting out these duties in the Trust Property Control Act would promote good governance. Chapter 1 considers whether corporate law reform is an appropriate basis for comparison when considering the codification of trustees’ fiduciary duties. It suggests that corporate law is a useful comparator because it has well-developed law in relation to fiduciary duties, which has also shaped trust law. Twenty plus years after the Trust Property Control Act was enacted, South Africa’s socio-economic environment has changed dramatically and trusts are today used extensively and for many purposes. Trust law needs to keep pace with this change, as well as current thinking on good governance. It also needs to better serve today’s vast number of trustees of varying skill and experience. The dissertation asks what lessons can be learned from considering the partial codification of directors’ fiduciary duties in the Companies Act 2008 and whether the proposed codification will advance governance of trusts and benefit beneficiaries in fundamental ways. It uses primary and secondary sources and comparative research in considering the approach to codification of fiduciary duties in New Zealand, Australia and England. The newly enacted New Zealand Trusts Act 38 of 2019 is particularly relevant and timely. Chapter 2 examines the theory of and rationale for codification, and the arguments of its opponents, generally, as well as specifically in relation to the Companies Act 2008. It also considers the influence of King IV. Chapter 3 examines fiduciary duties identified in trust cases with a view to formulating a body of core duties incorporated into the partial codification proposed in the subsequent chapter. These amendments are suggested as part of a multi-pronged approach to improved governance in trust law. The final chapter concludes that although the partial codification of directors’ fiduciary duties in the Companies Act offers, in principal, useful guidance, it cannot serve as a template for amendments to the Trust Property Control Act. By contrast, the legislative action proposed in chapter 4 is consistent with international trends in governance and should advance the cause of good governance in trust law. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Private Law / LLM / Unrestricted

The objectives of this study were to identify the extension needs of land reform beneficiaries (A1 and A2 farmers) for sustainable land reform, by describing and analyzing the current extension corporation and activities in newly resettled areas. The study was carried out in three districts, namely Kadoma, Chegutu and Zvimba , situated in Mashonaland West province of Zimbabwe. The target population samples for the study comprised of A1 and A2 farmers (N=690) and the extension personnel in the three districts (N=68). The study revealed that there is a distinct difference between A1 and A2 farmers regarding their socio-economic status, education level, farm size, land tenure status, and governance structure. 58.0% of A1 farmers farm on farm sizes that vary between 0.5 – 50ha, while 76.3% of A2 farmers received farm sizes between 51 - 200ha. A1 farmers mainly have obtained only primary level education, while 57.3% of A2 farmers obtained post matric education. In general the A1 farmer households are bigger with 16.2% of the households bigger than 10 members compared to A2 farmers where 31% of the households are smaller than three household members. A1 farmers use permits as tenure instruments which allows them to farm and communally share grazing areas and water sources. A2 farmers use offer letters and 99-year lease which allows them to exclusively use resources on their farms. The tenure instruments that apply to A1 farmers have limitations as farmers cannot use them to borrow operational capital since the land is considered state land. In general A1 farmers are less satisfied than A2 farmers with the current land reform program implemented by the government. According to farmers (A1 and A2) the major constraints preventing them to farm optimally are: frequent droughts, inadequate financial credit, poor availability of production inputs, poor extension services, poor farming knowledge and no farming equipment. Farmers perceived the following stumbling blocks in order of priority to the current land reform program: inadequate credit facilities, unstable political situation, corruption and inefficient extension services. 48.0% of extension officers in the three districts (Chegutu, Kadoma, Zvimba) are between the age of 18-30 years, 64.2% of the extension officers have obtained only a certificate in agriculture, which is causing problems in the role they play as technical advisors to farmers. 86.6% of the extension officers have never attended in-service training to attend to their skills development. The average ratio of extension officer to farmer is 1:250-300, which is internationally acceptable for efficient extension delivery. T&V and FSRE extension approaches are the popular approaches extension staff use, although they are in general not satisfied with these extension approaches being used, due to the little financial support government provides to execute these approaches. There is also very little monitoring of application of the various extension approaches by the department, and there is a lack of commitment on the part of the government. 72.0% extension officers indicated that they have at least weekly contact with farmers, mainly through group meetings. Extension officers perceived their technical as well as extension knowledge to be adequate for efficient extension delivery. The major constraints being faced by extension officers in the three districts are: lack of operational budgets, lack of production inputs for farmers, lack of commitment on the part of the farmers and government, low level of farmers' knowledge about farming practices and climate change. Extension officers perceived the following stumbling blocks in priority order to the current land reform program: corruption, lack of planning, lack of coordination among stakeholder and political interference. A negotiated transition for a land reform program is highly recommended. Proper selection of the land reform beneficiaries and human capital development is a critical component of a sustainable extension system. There is a need of greater participation of private role players in providing of inputs. For this to happen government should allow a free market system. A gradual transformation of extension to self finance system is needed. A levy can be imposed on A2 farmers who are in a stronger economic position, so as to finance some of the operations of extension. Due to difference in socio-economic status between A1 and A2 farmers, a tailor made extension support system needs to be implemented, taking into consideration these differences. There is a need for programmed extension with expected and measurable outputs, which offers options and problem solving strategies, facilitate decision-making and technology adaptation, and a need of attracting more private players in the agricultural extension arena. Also there is a need to employ more female extension officers, so as to improve participation of female farmers and offer in-service training for extension officers is much needed. / Dissertation (MSc Agric)--University of Pretoria, 2013. / gm2014 / Agricultural Economics, Extension and Rural Development / unrestricted

Reforming legal education in the Czech Republic Abstract Under the influence of globalisation, European integration and digitalisation, knowledge and skills required for performance of legal professions change dramatically. In order to remain relevant Czech law schools have to adapt to this new environment. Presented thesis is comparing legal studies at the Charles University Faculty of Law (CUFL) and University of Utrecht. The aim is to identify state-of-the-art features of the Dutch educational model which could be implemented at CUFL. Comparison concerns main components of educational process (admission, teaching, examination) but also structure of the programs and curriculum. Findings are presented in wider societal context. Although there are notable differences at the level of educational system (admission, university governance) or national educational policy (funding), a number of findings could be applied in the Czech Republic. Compared to the Dutch study program, CUFL is lacking deeper connection between individual educational elements. Specific educational goals have to be set. These goals should be derived from three main components of legal education - knowledge, skills, and values. General educational goals then have to be represented in goals set for particular courses. In order to improve...

This dissertation seeks to explore the legacy of coloniality inherent in the built environment of South African cities today, especially the City of Tshwane (Pretoria), and propose strategies to rewrite a more inclusive and transformative architectural legacy. As the historical (and current) seat of the South African government, Pretoria has seen much of the making of South Africa’s colonial (as well as pre and post-colonial) history. The remains of the architectural heritage speak of European classical ideals, battles for imperial power and colonial ways of life, and many of these heritage buildings could be seen to be struggling to represent a diverse and transformed nation. As the call has gone out to question the future of statues and monuments of problematic past leaders, it brings to light the question of our built history, heritage and the legacy it leaves. Colonial architecture heritage faces different avenues of conservation, such as forms of reuse or adaptive reuse; however, many are facing abandonment due to its inability to transform or adapt to the changing needs of society. Such is Berea Park Sports Club's case, abandoned and then vandalised, its ruins speaking of possibly becoming forgotten altogether. By investigating the reuse of the building and sports grounds through the themes of urban land reform, architectural hybridity and relevant heritage approaches, this project seeks to reimagine the legacy of the site and address spatial and social justice concerns left in the wake of the colonial city. / Mini Dissertation (MArch (Prof))--University of Pretoria, 2020. / Architecture / MArch (Prof) / Unrestricted

Welfare reform has been an issue in America for many years. The need to make positive changes to the welfare system escalated to the point that federal legislation was passed in 1996. This legislation mandated that each state establish welfare-to-work programs and require that welfare recipients begin to work or face loss of benefits after two years. Virginia responded to this mandate through its Virginia Initiative for Employment Not Welfare (VIEW), which requires welfare recipients to seek work opportunities. The purpose of this study was to examine employers' perceptions of factors contributing to their participation in VIEW and factors they felt affected welfare recipients' entry into the workforce. The theoretical framework of this study is based on two theories of organizational change: are the innovations and diffusion of innovations models. Interviews were conducted with twelve people who were in decision making roles in businesses that participated in VIEW. The following research questions were used to guide this study: 1. What factors encourage employers to participate in Virginia's Initiative for Employment Not Welfare (VIEW)? Interviews with employers were recorded, transcribed, and coded using the Nud.ist qualitative research software program. Twelve factors were identified: mass media, social services agencies, the Virginia Employment Commission (VEC), other information sources, employability skills, qualifications, work experience, education and training, child care, lack of funds for transportation and appropriate clothing, welfare policies, and a support system or monitoring plan. The first four factors affected employers' decisions to be a part of VIEW; the others were factors they felt affected workforce entry. This study confirms portions of the review of literature relative to research regarding factors that affect the entry of welfare recipients into the workforce. Two major conclusions emerged from the findings: the majority of employers interviewed suggested that welfare policies and child care significantly affected the employment of welfare recipients. Further study is needed to determine what changes are needed in welfare policies and preparation for those entering the workforce. Research should involve both welfare recipients, employers, social services personnel, and job training providers. / Ph. D.

In 2002, the North Carolina General Assembly made several changes to the system of popular elections for the state\'s appellate courts, including the removal of partisan labels from the ballot, starting with the 2004 elections. This particular change presents an opportunity for a natural experiment in which to observe any differences that may have appeared between how the North Carolina Supreme Court ruled before and after the reform, contributing to a line of literature on the impact of institutional arrangements (including selection systems) on judicial decision-making. The thesis examines whether any detectable differences appeared between judicial behavior and the decisional output of the North Carolina Supreme Court in its partisan era (1995-2004) and in its nonpartisan era (2005-2011). Based on analysis of several different characteristics of the Court\'s decisions and individual justices\' votes in these eras, I find no evidence to suggest that the nonpartisan system was associated with justices behaving in more "nonpartisan" ways. If there was any change, it was that during the nonpartisan era, the behavior of the justices was more in line with what would be expected of partisans than it had been in the partisan era. At least in North Carolina, changing the selection method of state supreme court justices from partisan to nonpartisan elections was not followed by less partisan behavior. / Master of Arts

Submitted in partial fulfillment of the requirements for the degree of Master of Arts in Community Work in the Department of Social Work at the The University of Zululand, South Africa, 2009. / The study investigated the poverty alleviation involving Land Reform Program (LRAD) Land Redistribution for Agricultural Development at Nhlahlayethu Farm (Umkhanyakude District). Besides land that has been taken back from White farmers and given to Black people; very little has been done to show the difference in poverty alleviation. Observations indicate that agricultural activity in land reform projects (LRAD- Land Redistribution for Agricultural Development) decrease significantly on land that was commercially viable under previous management. Large numbers of people presently own land that was initially owned by one person. Therefore, the first aim of the study was to investigate challenges and opportunities of land reform projects. The second aim of the study was to determine the general perspectives of the target farmers on agricultural farming. The third objective of the study was to investigate the general causes of non- functionality of land reform projects. The fourth objective of the study was to investigate how the whole group of farmers could work the farm up to its full potential and to determine how the Department of Land Affairs and Agriculture, could collaborate to improve development efforts towards sustainable land reform projects. The findings revealed that farmers experience a lot of challenges caused by the lack of funds and farming equipment after the land has been transferred. This ends up making the program of land reform not fully effective in alleviating poverty. Positive perspective of farmers towards farming is hindered by the lack of' farming management skills accompanied by the rate of illiteracy. Policies between the Department of Agriculture and Land Affairs need to be aligned so that after transferring the farm to beneficiaries, resources are available for supporting the target farmers. On the basis of the findings of this study, recommendations to the Land Reform Program (LRAD- Land Redistribution for Agricultural Development) as well as for directing future research were made.