The paper is an attempt to deal with the non-transferable cheque. Three questions have been addressed: (a) Whether sections 58, 79 and 83 apply to non-transferable cheques; (b) whether the non-transferability of a cheque implies only that a cambial transfer is excluded, but transfer by means of a ordinary cession is still possible; (c) whether the collecting and drawee banks can be held liable for damages to the owner of a non-transferable cheque. (a) It is clear that section 58 does not apply to non-transferable cheques. After the decision in Eskom, it is also clear that section 79 does apply to such cheques. Regarding the applicability of section 83 to non-transferable cheques, there is uncertainty. (b) Whether the rights arising from a non-transferable cheque can be transferred by means of an ordinary cession, it is not yet clear. (c) That a collecting bank can be held delictually liable under the extended lex Aquilia was decided in lndac Electronics. By way of analogy, the same applies to a drawee bank acting negligently. / Mercantile Law / LL.M.

Between 2000 and 2011, the United States suffered the loss of manufacturing jobs 6 times faster than the rate in the 20 years prior. North Carolina ranked first in manufacturing employment in 1992; however, in 2012 it ranked fourth. The loss of manufacturing jobs created a trend away from manufacturing industries to services industries. The purpose of this study was to explore strategies that nonmanufacturing managers use to facilitate the transferable skills of displaced manufacturing workers to nonmanufacturing industries. To address the problem, a purposeful sample of 3 nonmanufacturing managers in service industries was obtained from a major manufacturing city in North Carolina. The human capital theory was used as a conceptual framework. Data for this case study were collected from face-to-face, semistructured interviews and review of company documents. Data were coded and analyzed using a qualitative analysis software to identify recurring themes. The 4 prominent themes that emerged were: (a) characteristics that displaced manufacturing workers possessed for employment in service industries, (b) workers' willingness to obtain training and education, (c) managers' specific strategies, skills, and experience for hiring displaced manufacturing workers, and (d) workers' transferable skills. The findings from this study could contribute to social change by defining strategies nonmanufacturing leaders could use to identify and transfer skills from displaced manufacturing workers to nonmanufacturing labor sectors, thereby introducing transferable skills for diverse labor sectors for increasing employment and increasing the standards of living for employees and families.

Do the factors that help students attain desirable outcomes in university transfer to help them attain desirable outcomes upon work entry? The overarching goal of this dissertation is to examine the role of coping in helping university students and recent graduates maintain positive levels of achievement and psychological adjustment during the short- and long-term pursuit of their academic and career goals. Based on the extant literature on stress and coping, three studies document the achievement and psychological adjustment of young adults along theoretically relevant time points in their academic and career development. Study 1 builds on prior findings from Chamandy and Gaudreau (2019) by bridging the academic and career strivings of 550 university students across two examination periods to consider the domain specificity and changing nature of the coping process. We first examined the contemporaneous interplay between perceived control, coping, goal progress, and burnout in both the academic and career domains. We then examined if these patterns translated at the longitudinal level. Results indicated that earlier coping predicted change in goal progress, but not in burnout, in both domains. In the career domain, earlier goal progress also predicted change in task-oriented coping, thus revealing a bidirectional effect. No cross-domain effects were supported. Overall, the associations between coping, goal progress, and burnout differed both within and across time and contexts. Study 2 re-examined these associations among employees who had recently gone through the transition to work. In a two-wave longitudinal study, a sample of 153 recent graduates completed measures of appraisal, coping, goal progress, satisfaction, and burnout while retrospectively assessing their past experiences as university students and their current experiences at work. Results indicated that task-oriented coping in school was related to greater change in goal progress and satisfaction from school to work, whereas disengagement-oriented coping was related to greater change in burnout and to lower change in satisfaction. In turn, change in task-oriented coping was related to lower work burnout, whereas change in disengagement-oriented coping was related to greater change in work burnout and to lower change in work satisfaction. The findings also revealed bidirectional effects across school and work. Finally, graduation grades were shown to be useful but insufficient for our understanding of successful adaptation in the workplace, thus proving new insights on the psychological mechanisms involved in both the successful transition from university to work and the short-term adaptation of recent graduates at work. Study 3 takes a novel perspective on the experience of university students by testing a coping intervention involving hypothetic impediments to the pursuit of their career goals. In a two-wave randomized controlled study, 275 university students completed measures of transition-related controllability appraisals and school-related coping, satisfaction, burnout, and goal progress. The experimental condition elicited self-regulatory benefits by demonstrating group differences in the growth, decline, and follow-up levels, as well as in some of the associations between the intercepts and slopes of controllability appraisals, coping, satisfaction, and burnout. These findings indicate that a coping intervention can improve students’ perception of the transition to work and promote a more positive university experience. This thesis provided new knowledge on the role of coping in offering an advantage to university students on the job market beyond its role in facilitating goal progress and psychological adjustment. Our work opens the door to a long-term research agenda deemed necessary for practitioners and administrators with regards to the role of coping processes in the lives of university students during and beyond their post-secondary education. As a whole, the current dissertation makes theoretical, methodological, and empirical contributions to the coping and transition literature in social, educational, and organizational psychology.

No description available.

The focus of this study was a problem identified by human resources directors and managers in a medium sized community in the southeast of the United States. The problem was that some college graduates are not equipped with the necessary soft skills to be successful in the workforce. Executive directors and human resources managers brought this problem to the attention of the career center directors in the community. Goleman's theory of emotional intelligence was the theoretical framework to ground this study. This study involved purposeful sampling to select 9 human resources directors from local companies. To investigate soft skills in college graduates, these 9 human resources directors and managers responded to a semi structured interview with questions focusing on the problem of the study. Once the interviews were transcribed, the information was analyzed by using manual coding and computer-assisted coding. Among the 6 themes that emerged from the data analysis, participants most often pointed out communications as the most important soft skill and the foundation for other skills. From the perspective of human resources directors and managers, soft skills were found to be lacking in some college graduates. There was a consensus among the participants of the study that higher education leaders need to incorporate different approaches to teach skills; therefore, a 24-hour professional development program for faculty was developed as a solution for improving the learning of soft skills of college students. The social change expected from having well-equipped college graduates with soft skills will be more successful professionals with better opportunities to have upward mobility, and more meaningful careers that will benefit their families and their organizations.

Modern aircraft are getting more and better sensors. As a result of this, the pilots are getting moreinformation than they can handle. To solve this problem one can automate the information processingand instead provide the pilots with conclusions drawn from the sensor information. An aircraft’smovement can be used to determine which class (e.g. commercial aircraft, large military aircraftor fighter) it belongs to. This thesis focuses on comparing three classification schemes; a Bayesianclassification scheme with uniform priors, Transferable Belief Model and a Bayesian classificationscheme with entropic priors.The target is modeled by a jump Markov linear system that switches between different modes (flystraight, turn left, etc.) over time. A marginalized particle filter that spreads its particles over thepossible mode sequences is used for state estimation. Simulations show that the results from Bayesianclassification scheme with uniform priors and the Bayesian classification scheme with entropic priorsare almost identical. The results also show that the Transferable Belief Model is less decisive thanthe Bayesian classification schemes. This effect is argued to come from the least committed principlewithin the Transferable Belief Model. A fixed-lag smoothing algorithm is introduced to the filter andit is shown that the classification results are improved. The advantage of having a filter that remembersthe full mode sequence (such as the marginalized particle filter) and not just determines the currentmode (such as an interacting multiple model filter) is also discussed.

abstract: The coastal fishing community of Barrington, Southwest Nova Scotia (SWNS), has depended on the resilience of ocean ecosystems and resource-based economic activities for centuries. But while many coastal fisheries have developed unique ways to govern their resources, global environmental and economic change presents new challenges. In this study, I examine the multi-species fishery of Barrington. My objective was to understand what makes the fishery and its governance system robust to economic and ecological change, what makes fishing households vulnerable, and how household vulnerability and system level robustness interact. I addressed these these questions by focusing on action arenas, their contexts, interactions and outcomes. I used a combination of case comparisons, ethnography, surveys, quantitative and qualitative analysis to understand what influences action arenas in Barrington, Southwest Nova Scotia (SWNS). I found that robustness of the fishery at the system level depended on the strength of feedback between the operational level, where resource users interact with the resource, and the collective-choice level, where agents develop rules to influence fishing behavior. Weak feedback in Barrington has precipitated governance mismatches. At the household level, accounts from harvesters, buyers and experts suggested that decision-making arenas lacked procedural justice. Households preferred individual strategies to acquire access to and exploit fisheries resources. But the transferability of quota and licenses has created divisions between haves and have-nots. Those who have lost their traditional access to other species, such as cod, halibut, and haddock, have become highly dependent on lobster. Based on regressions and multi-criteria decision analysis, I found that new entrants in the lobster fishery needed to maintain high effort and catches to service their debts. But harvesters who did not enter the race for higher catches were most sensitive to low demand and low prices for lobster. This study demonstrates the importance of combining multiple methods and theoretical approaches to avoid tunnel vision in fisheries policy. / Dissertation/Thesis / Ph.D. Environmental Social Science 2014

Tornando da uno studio all’estero, gli studenti fanno spesso riferimento all'esperienza usando aggettivi superlativi e potenti: "fantastico", "la migliore", "che cambia la vita". Tuttavia, quando si tratta di parlare con potenziali datori di lavoro, in genere non sono in grado di articolare le conoscenze e le competenze che hanno acquisito, in modi che abbiano rilevanza per il posto di lavoro o che i datori di lavoro possano apprezzare appieno. Questo studio ha valutato l'impatto di una sessione di riflessione facilitata da educatori sulla capacità degli studenti di migliorare la qualità del modo in cui parlano dello sviluppo individuale di competenze all'estero. E’ stato utilizzato un disegno di ricerca con misurazioni ripetute; un sondaggio pre e post sessione ha valutato l’effetto di una sessione di intervento facilitata di un'ora a cui hanno partecipato studenti universitari statunitensi ed europei che avevano studiato all'estero per almeno un semestre accademico; un gruppo di controllo ha completato i due sondaggi a distanza di una settimana senza partecipare alla sessione. In entrambi i sondaggi, è stato chiesto agli studenti di riflettere sulla propria esperienza per identificare le competenze dimostrate all'estero e di fornire un esempio (creando un racconto basato sulla formula STAR). La previsione era che la capacità auto-percepita degli studenti di (1) riflettere e (2) identificare le competenze, e di (3) acquisire fiducia e (4) mostrare preparazione in previsione di colloqui di lavoro sarebbe aumentata post-intervento (sessione). Questi quattro fattori costituiscono la misura di valutazione, basata sulle risposte a quattro dichiarazioni valutate su una scala Likert a 7 passi. Una seconda previsione anticipava un aumento della qualità delle storie dei soggetti post-intervento (usando una rubrica di 5 livelli per la valutazione), a seguito cioè dell’apprendimento di una migliore pratica per rispondere alle domande del colloquio di lavoro (la formula STAR). In linea con le previsioni, i risultati hanno supportato un miglioramento post-intervento della percezione degli studenti rispetto alla propria capacità di riflettere e identificare competenze, sulla propria fiducia e sul livello percepito di preparazione in previsione dei colloqui di lavoro post- laurea. Per il gruppo di controllo non si è osservato alcun cambiamento dalla condizione PRE a quella POST, mentre si è osservato un significativo aumento dei punteggi PRE-POST per il gruppo sperimentale. Nel confronto tra gruppi, non sono state osservate differenze tra il gruppo di controllo e sperimentale pre-intervento (sostenendo così omogeneità tra gruppi). Tuttavia, sono state trovate differenze significative tra i gruppi post-intervento, con un sostanziale aumento dei punteggi di valutazione per il gruppo sperimentale sulle quattro dimensioni della Misura di Valutazione (Assessment Measure) rispetto al gruppo di controllo. I risultati hanno inoltre confermato la seconda ipotesi secondo la quale il gruppo sperimentale avrebbe mostrato un aumento significativo della qualità delle storie a seguito dell'intervento rispetto al gruppo di controllo, il quale ha mostrato una leggera diminuzione dei punteggi dal pre al post sondaggio. Questo studio fornisce evidenza a sostegno degli sforzi di coloro che nell’educazione terziaria gestiscono programmi simili alla sessione di riflessione (intervento) valutata in questa ricerca e che stimolano gli studenti a riflettere sullo sviluppo delle competenze acquisite durante periodi di studio o lavoro all’estero e ad imparare a parlarne in un modo che verrà apprezzato dai potenziali datori di lavoro durante i colloqui. Questo studio evidenzia inoltre il contributo della mobilità studentesca internazionale rispetto all’incremento dell’employability dei partecipanti. / Students returned from studying abroad often refer to the experience in superlatives and powerful adjectives – “awesome” “the greatest”, “life-changing.” However, when it comes to talking with potential employers, they typically cannot articulate the knowledge and skills they gained in ways that have relevance to the workplace, or that employers can fully appreciate. This study assessed the impact of a facilitated reflection session on students’ ability to increase the quality in how they speak about having developed skills abroad. Using a repeated measures design, a pre- and post-session survey was tied to a one-hour facilitated intervention session attended by U.S. and European undergraduates who had studied abroad at least one academic semester; a control group completed the two surveys a week apart without attending a session. In both surveys, students were asked to reflect upon their experience to identify skill(s) demonstrated abroad and to offer an example (by crafting a short story based on the STAR formula). The prediction was that students’ self-perceived ability to (1) reflect upon and (2) identify skills, and to (3) gain confidence and (4) show preparedness in anticipation of job interviews would increase post-intervention. These four factors make up the Assessment Measure, based on the 7- point Likert responses to four statements in the pre- and post-survey. There was a second prediction that there would be in increase in the quality of experimental subjects’ stories at post- intervention (using a 5-level rubric for rating), after having learned a best practice for answering job interview questions (i.e., the STAR formula). The findings supported the predicted increase in the students’ perceived measures of reflecting and identifying skills and of their confidence and preparedness in anticipation of interviewing for jobs upon graduating. Within groups, there was no change in the Control mean from PRE to POST while there was a significant increase for Experiment. Between these two groups, there were no differences observed pre-intervention (thus supporting the homogeneity of groups). Critically, the differences found post-intervention support the significant effect of intervention – with the experiment group’s POST score on the four dimensions of the Assessment Measure greater than the POST score of the control group. The findings supported the second hypothesis as well – that the experiment group would show an increase in the quality of their stories after the intervention compared to the control group (which showed a slight decrease in scores from pre- to post-survey) and resulted in a between-group comparison that was significant. This study provides support for the efforts of those in higher education who conduct programming such as the reflection session (intervention) in this research which prompts students to consider their skill development from studying or interning abroad and to learn to speak about it in ways that employers will value, especially in the interview process. This study also supports the contribution that international student mobility makes in increasing participants’ employability.

Presently, there is a national focus on the industry-benefitting skills developed through undergraduate education. The purpose of this study is to examine the effectiveness of an experiential learning course on building three ability-based transferable skills: communication, emotional intelligence, and professional qualities. These skills have been determined to be important components to the skill set of graduates intending to enter any career, including one within the hospitality industry. Results from an examination of three related instruments led to conclusions that an experiential learning course positively impacts self-perceived skill development among the three aforementioned skills as well as perception of overall performance. In addition, it was determined that experiential learning courses benefitted interns irrespective of self-reported learning style preference and that such courses may aid in narrowing the perceived gap between intern and employer perceptions of intern skill levels and thereby prepare graduates with increasing success for societal productivity

過去政府對於私有既成道路用地，除限制其使用外，並不積極辦理徵收補償，司法院大法官會議第四百號解釋明確指出，既成道路在私有土地上成立公用地役關係，導致土地所有權人財產權之損害，各級政府應依法辦理徵收補償。然目前各級政府財政困難，全面採徵收補償方式辦理，有財政難以負荷之困境。因此，本研究嚐試將美國發展權移轉／容積轉移制度運用於解決既成道路之問題，期能建立一個能減輕政府財政支出的既成道路用地取得方式。 本研究先就發展權移轉制度之應用與限制加以探討，藉以了解其是否具有解決既成道路用地問題之可能。其次就目前既成道路之問題加以分析，比較各種用地取得方式之優劣，並透過政策評估指標的建立與專家問卷分析的運用加以檢視，得出建築容積轉移制度是目前政府解決既成道路問題方法中的最佳方案。 為使建築容積轉移制度運用於解決既成道路用地取得問題之構想落實，本研究除試擬建築容積轉移的運用流程外，並就可能遭遇之課題加以分析，透過專家問卷調查之方式，評選較優之解決方案以回饋建立制度執行時的配合措施。此外，本研究採用財務分析方式模擬個案在建築容積轉移過程中是否對供需雙方產生經濟的利益，以佐證本研究先前建立之制度在經濟上的可行性。根據模擬試算的結果顯示。制度之實施使既成道路地主及開發者雙方，皆有機會獲得較多的利益。 本研究認為從財產權保護之觀點，政府有必要積極解決私有既成道路之問題。而利用本研究建立之建築容積轉移方式應可使政府在不須花費龐大的經費支出下順利解決問題，惟制度實施之初須考慮相關的配套措施及先以試行方式取得實施經驗，才能使建築容積轉移制度發揮其效用。