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21 – 30 of 167This study aims to investigate Australian civil tribunal decisions to ascertain compliance with decisional quality standards in Australian law, with a particular focus on strata…
Abstract
Purpose
This study aims to investigate Australian civil tribunal decisions to ascertain compliance with decisional quality standards in Australian law, with a particular focus on strata and community title cases.
Design/methodology/approach
An orthodox doctrinal legal analysis and assessment of cases and tribunal policies was adopted. All Australian jurisdictions were surveyed, including federal, state and territory jurisdictions. The case law in each jurisdiction was screened to identify whether the principles applicable to decisional quality were engaged and then analysed as to the extent of that engagement.
Findings
Where a party presents a substantial, clearly particularised argument relying upon established facts, tribunals are obliged to address those facts and the arguments by way of an active intellectual process. However, appellate decisions disclose a degree of deference not often accorded to judicial officers, and there is a need for a more disciplined approach to ascertain whether any errors have been made by a tribunal lie on the critical path to the decision. As strata and community title disputes become more complex, the importance of decisional quality standards can only increase.
Research limitations/implications
Up to date as of 1 March 2023.
Practical implications
The present position would appear to be that where a party presents a substantial, clearly particularised argument relying upon established facts, a tribunal must address its mind to those facts and the arguments by way of an active intellectual process. The requirement is limited to circumstances prescribed by a statute and factual and legal issues which are necessary to be determined in order for the tribunal to be satisfied as to circumstances prescribed by a statute. However, where the errors are not gross and plainly obvious, appeals from defective tribunal decisions are unlikely to succeed. There is a degree of deference not often accorded to judicial officers. That deference is unfortunate when tribunals are allocated jurisdiction over what quite often are significant property disputes.
Social implications
The impact on community living of uncorrected poor quality tribunal decisions can be immense, depending on the degree of error. For example, water ingress into people’s homes might remain unremedied for many years, as, for example, occurred in the Marinko case.
Originality/value
The research and analysis is entirely original. A search of journals and textbooks did not identify any prior analysis, at least in the Australian context, relating to decisional quality standards of tribunals.
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This paper aims to summarize the major theoretical elements in the definition of a global ruling class. It then examines how neoconservatives in the USA took power and used regime…
Abstract
Purpose
This paper aims to summarize the major theoretical elements in the definition of a global ruling class. It then examines how neoconservatives in the USA took power and used regime change to install US-friendly governments in other regions. A strategy of tension is used to press the American population into conformity. But the real revolution is to what extent factual politics escape any attempt to democratic control.
Design/methodology/approach
The research relies on case studies of material already published and provides a synthesis.
Findings
Three case studies show how far the Deep State already goes. Democracy is on the brink of survival.
Originality/value
This paper is an original hypothesis of the potential end of democracy as we know it, supported by empirical data.
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James P. Spillane and Allison W. Kenney
Research, spanning half a century, points to the critical role of school administration and to the successful implementation of US government policies and programs. In part these…
Abstract
Purpose
Research, spanning half a century, points to the critical role of school administration and to the successful implementation of US government policies and programs. In part these findings reflect the times and a US educational governance system characterized by local control, a constitutionally‐constrained federal government, resource‐poor state governments, and an overall system of segment arrangements for governing education. However, the US education policy environment has changed dramatically over the past several decades, with standards and high stakes accountability becoming commonplace. The purpose of this paper is to examine the entailments of shifts in the policy environment for school administrative practice, focusing on how school leaders manage in the middle between this shifting external policy environment and classroom teachers.
Design/methodology/approach
The paper's focus is on how school administration manages the dual organizational imperatives of legitimacy and integrity in a changing institutional environment. This paper is an essay in which the authors reflect on the entailments of shifts in the education sector for school administration over the past quarter century in the USA.
Findings
While considerable change for school administrative practice is suggested, the authors argue that organizational legitimacy and organizational integrity are still central concerns for school leaders.
Originality/value
Although the paper's account is based entirely on the US education sector, several aspects of the framing may be relevant in other countries.
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The purpose of this paper is to measure the competencies of libraries in Nigerian universities, identify constraints to their performance and recommend infrastructures and…
Abstract
Purpose
The purpose of this paper is to measure the competencies of libraries in Nigerian universities, identify constraints to their performance and recommend infrastructures and competencies required. Institutional accreditation has compelled academic libraries in Nigerian to improve their quality, competencies and performances for accountability.
Design/methodology/approach
A questionnaire was the main instrument for data collection. The population of the study was all the university librarians in the 89 universities in Nigeria that the author selected from federal, state and private universities. Of the 81 sets of questionnaires emailed, 49 were returned, which represents a 60.5 per cent response rate and provides the working population of the study. Data were analysed using frequency tables, simple percentages and bar charts.
Findings
The results indicate that academic libraries and librarians in Nigeria are competent in three key areas – educational roles, professional development and research. However, they are not very effective in the provision and use of library resources in cyberspace, adequate funding, collection development and information technology skills. The main constraints are: poor Internet penetration, low bandwidth, unreliable power supply and weak Internet proficiency. This paper suggests that adequate funding, benchmark performance and multi-skilling can serve as strategies against these constraints in developing regions.
Practical implications
This study contributes to library staff assessment because it links strategic objectives to performance measures and associated long-term targets. It broadens issues which affect sustainable performance in academic libraries in Nigeria, as well as in Africa and other developing countries.
Originality/value
While performance measurement is well established in developed countries, it is less or not so well established in Nigeria and other developing countries. The current research seeks to develop a performance measurement framework for academic libraries that is testable and expandable to Nigeria and the whole African context.
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Reviewing sources of information in the EEC in a short paper requires a certain facility for avoiding the very problems that cause the most difficulty in practice. This paper can…
Abstract
Reviewing sources of information in the EEC in a short paper requires a certain facility for avoiding the very problems that cause the most difficulty in practice. This paper can only, therefore, be considered as a guide to the guides of sources of marketing information in the EEC. In finding one's way through the ‘information maze’ to the precise data one is seeking it is helpful to consider the outline of data collection in Europe. The principal sources of information are:
This chapter looks at the past, present and future of international cannabis control required by the UN drug control conventions in the post-2016 United Nations General Assembly…
Abstract
This chapter looks at the past, present and future of international cannabis control required by the UN drug control conventions in the post-2016 United Nations General Assembly Special Session era with an eye on the next High Level Ministerial Segment (HLMS) at the UN Commission on Narcotic Drugs in 2019, and beyond. From a policy analysis perspective, the author meanders through the increasing tendency to legally regulate recreational cannabis markets notwithstanding the obligation enshrined in the UN drug control conventions to limit cannabis exclusively for ‘medical and scientific’ purposes. Taking into account relevant national and international developments, the chapter describes how the growing discomfort with the status of cannabis and the prohibitive and punitive approach stemming from the international drug control regime went through a process from soft to hard defections of the treaty obligations. The case of the Netherlands demonstrates the difficulty faced by reform-minded states in reconciling their wish for a different cannabis control mechanism with their obligations under international law, resulting in an incomplete regulation of its coffee-shop system, where small amounts of cannabis are tolerated for sale, but where the illicit supply to the shops remained unregulated. Subsequent more wide-ranging reforms to regulate cannabis from seed to sale in Uruguay, several US States and – in 2018 – in Canada, are clearly violating the obligations of the UN drug control conventions. Nevertheless, the HLMS will likely leave the elephant in the room untouched. The emerging paradigm shift regarding cannabis shows that a modernisation of the UN drug control regime is long overdue. This chapter discusses some of the options available.
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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Rocco R. Vanasco, Clifford R. Skousen and Curtis C. Verschoor
Professional accounting associations in various countries andgovernmental and other quasi‐official bodies have played an importantrole not only in the evolution of internal…
Abstract
Professional accounting associations in various countries and governmental and other quasi‐official bodies have played an important role not only in the evolution of internal control reporting on a global scale, but also in educating management, investors, financial institutions, accountants, auditors, and other interested parties highlighting the pervasiveness of the effects of a sound internal control structure in corporate reporting as well as other aspects of an organization′s success. These associations include the Institute of Internal Auditors (IIA), the American Institute of Certified Public Accountants (AICPA), the General Accounting Office (GAO), the Securities and Exchange Commission (SEC), the Cadbury Committee, the Institute of Chartered Accountants of England and Wales (ICAEW), the Scottish Institute of Chartered Accountants (SICA), the Canadian Institute of Chartered Accountants (CICA), and others. Business failures, management fraud, corporate misconduct, international bribery, and notorious business scandals in all sectors of business have prompted the US government to take drastic action on internal control reporting to safeguard public interest. Several professional and government committees were formed to study this precarious situation: the Treadway Commission, the Committee of Sponsoring Organizations (COSO) of the Treadway Commission, the Packard Commission, the Cohen Commission, the Adams Commission in Canada, the Cadbury Committee in the UK, and others. The principal motivation for the changing dynamics has been growing public pressure for greater corporate accountability. The government′s pressure on the accounting profession and management of public corporations has been pivotal in spearheading internal control reporting. Examines the role of professional associations, governmental agencies, and others in promulgating standards for internal control reporting, and the impact of legislation on this aspect of internal auditing in the USA and worldwide.
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The text examines a phenomenon that is particularly evident in the implementation of inclusive reforms in the German education system. With reference to Helmut Fend's New Theory…
Abstract
The text examines a phenomenon that is particularly evident in the implementation of inclusive reforms in the German education system. With reference to Helmut Fend's New Theory of School, it describes what happens when inclusion is implemented in a school system that seems to be poorly prepared for it. These theoretical considerations related to school can also serve to critically examine the implementation of ‘inclusive diagnostics’ in the context of current inclusive reforms in education.
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