The purpose of this paper is to consider the impact of mental capacity legislation when applied to parents with learning difficulties who lack capacity within childcare…
The purpose of this paper is to consider the impact of mental capacity legislation when applied to parents with learning difficulties who lack capacity within childcare and family law proceedings in England and Wales.
The paper relies on a range of material including reports published by independent mental health foundations, official inquiries and other public bodies. It also refers to academic and practitioner material in journals and government guidance.
The paper critically reviews the application of the guidance when assessing mental capacity legislation as applied in England and Wales and offers by way of illustration several case examples where psychological assessments, and the enhancement of capacity, have assisted parents who were involved in childcare and family law proceedings.
There has been little published research or governmental reports on the number of cases when parents involved in childcare and family law proceedings have been found to lack capacity. No published prevalence data are available on the times when enhancing capacity has resulted in a change of outcome in childcare and family law proceedings.
The duty is on the mental health practitioners assessing mental capacity that they do so in a structured and supportive role adhering to good practice guidance and follow the guiding principles of mental capacity legislation assuming that the individual has capacity unless it is established that they lack capacity. Guidance and training is needed to ensure that the interpretation of the Mental Capacity Act (MCA) and its application is applied consistently.
For those who are considered to lack mental capacity to make specific decisions, particularly within childcare and family law proceedings, safeguards are in place to better support such individuals and enhance their capacity in order that they can participate more fully in proceedings.
While the MCA legislation has now been enacted for over ten years, there is very little analysis of the implications of capacity assessments on parents involved in childcare and family law proceedings. This paper presents an overview and, in places, a critical analysis of the new safeguarding duties of mental health practitioners when assessing for, and enhancing capacity in parents.
Worker classification continues to be a highly litigated area of taxation. That is, the status of a worker as an employee or independent contractor remains a topic closely…
Worker classification continues to be a highly litigated area of taxation. That is, the status of a worker as an employee or independent contractor remains a topic closely scrutinized by the Internal Revenue Service. This study examines factors that the judiciary deems relevant in ruling whether a worker is an employee or independent contractor. A backward stepwise logistic regression model is implemented to categorize the factors that best predict the court’s decision on whether a worker is either an employee or independent contractor pursuant to the factors in Revenue Ruling 87-41 (1987-1 CB 296), judge gender, and political affiliation. The results indicate three factors (supervision/instructions, continuing relationship, and the right to discharge) are capable of accurately predicting 93 percent of the decisions made by the US Tax Court. Other findings support notable statistical differences between male and female judges rendering decisions and reaching conclusions. Also, there is a statistically significant difference based on the type of industry. Political affiliation appears to have no significant impact on judicial rulings.
Although employee race has been an actively investigated area of scientific inquiry for decades, a thorough and informed understanding of the role of race in the…
Although employee race has been an actively investigated area of scientific inquiry for decades, a thorough and informed understanding of the role of race in the organizational sciences has eluded us for a number of reasons. The relationship of race and stress in organizations is a prime example of this neglect and deficiency in our knowledge base, as little work has been done in this area. We attempt to address this limitation in the literature by proposing an inductively derived, review-centric framework that attempts to articulate the multiple intermediate linkages that explain the process dynamics taking place in the relationship between employee race and health and well-being in organizations. We argue that socialization processes, social networks, information and resource access, and mentoring contribute to distance and differences between racial minorities and nonminorities concerning control, reputation, performance, and political understanding and skill, which in turn, creates barriers to success, and increased stress and strain for racial minorities. The implications of this framework along with directions for future theory and research are discussed in this chapter.
This chapter examines the impact of banking competition, bank regulation, and the global financial crisis (GFC) of 2008–2009 on banks’ productivity changes. For the…
This chapter examines the impact of banking competition, bank regulation, and the global financial crisis (GFC) of 2008–2009 on banks’ productivity changes. For the empirical analysis, I apply a semi-parametric two-step approach of Malmquist index estimates and bootstrap regression to a cross-country panel data of 8,451 commercial banks from 82 countries over the period 2004–2012. Empirical results show that (1) banking competition and capital regulation significantly enhance bank productivity, (2) a tighter bank supervision have a positive impact on bank productivity, and (3) bank productivity decreases during the GFC, but starts to increase as the GFC recovers. I also present consistent evidence that commercial banks in countries with better national governance have higher productivity growth before, during and after the GFC.
Many investors have been disappointed with the practical results of portfolio insurance programs, which attempt to achieve option‐like results through dynamic hedging. This article takes the simplest form of dynamic hedging, constant proportion portfolio insurance (CPPI), as a model for developing a more optimal approach. The author uses Monte Carlo simulation to model the multi‐period median growth in discretionary wealth. In addition, he constructs leverage policies that mitigate the practical drawbacks to dynamic hedging. The article also shows that self‐imposed ex ante borrowing constraints (not the ex post constraint imposed by a margin call) can, under certain conditions, improve the performance of dynamic hedging with respect to median terminal wealth.
At the beginning of any conceptual work concerning communication management, there is a demand for a deeper understanding of the problem that needs to be addressed and for…
At the beginning of any conceptual work concerning communication management, there is a demand for a deeper understanding of the problem that needs to be addressed and for the context in which it occurs. Communication management practice mostly relies on instruments like briefings, structured interviews or classic controlling data, when it comes to an analysis of organisational structures. This chapter shows that the potentials of a more constructivist perspective and a qualitative methodology can be useful to find out what is really at stake. It presents creative visualisation of organisational contexts and visual grounded theory methodology by the example of internal communication management.
Purpose: In this chapter, I explore how American Sign Language/English interpreters came to enact an ally role with members of the American deaf community during the 1988…
Purpose: In this chapter, I explore how American Sign Language/English interpreters came to enact an ally role with members of the American deaf community during the 1988 Deaf President Now (DPN) protest. The DPN protest, led by students at Gallaudet University in Washington, DC, was a historic moment in the deaf community's struggle for civil rights (Christiansen & Barnartt, 1995). During the events that unfolded over the week-long rebellion, students engaged in a variety of claims-making activities (Lindekilde, 2013), such as participating in media interviews and organizing rallies. To share their message with the world, the deaf protesters developed alliances with American Sign Language/English interpreters, who mediated a wide variety of protest-related activities.
Method: The data I analyze in this chapter come from (1) archival review and (2) semistructured interviews I conducted with DPN stakeholders, including interpreters and protesters.
Findings: Through these data, I explore how the protesters and interpreters came to develop shared understandings and expectations of allyship, including the roles that interpreters enacted in the protest.
Implication/Value: I frame this discussion within the context of a variety of metaphors that have been used to describe the role of signed language interpreters (Roy, 1993, 2002) and the concept of role-space (Llewellyn-Jones & Lee, 2014) to demonstrate the process of interpreters becoming allies in contentious political settings.