Caution ahead: teachers,vetting and the law

At the beginning of 2006 the media reported instances where people who had been convicted of sexual offences against children were permitted to work in schools. A list of unsuitable people (known as ‘List 99’) has existed for over 80 years and yet the system appears to have broken down. In this article I seek to examine some of the issues involved in the operation of List 99, including the suggestion that those who are cautioned for committing offences against children should equally be unable to work with children. A second article will then critically analyse the changes proposed by the government to the operation of List 99 and the vetting of those who wish to work with children.     

Improving the quality and quantity of whole blood supply: limits to voluntary arrangements

The inadvertent transmission of AIDS virus through contaminated whole blood has shaken the viability of the American voluntary blood supply system. For the first time since the voluntary donor system replaced the commercial blood system, there are widespread doubts about the ability of blood suppliers to meet the nation's increasing health care demands. This paper presents a framework for analyzing blood collection. First, we critique the existing literature on blood collection, arguing that its focus on donor motivation is difficult to integrate with policy analysis. We then present a specific model of the individual's decision to donate blood as a comparison of the costs and benefits of donating. The current system of collecting whole blood relies on donors receiving only altruistic benefits. We explore the limits of this approach to dealing with the quantity and quality problems presented by the AIDS virus. Alternative approaches....     

试论中国区域贸易安排战略

Regional Trade Arrangements (RTAs) have proliferated after the birth of the World Trade Organization (WTO). In these years, as the members of RTAs increased considerably, the instruments and formalities of RTAs have been varied, and the scope of RTAs has been expanded. With regards to China, it has changed its traditional view and has been engaged positively in the building its own RTAs. Facing the competition from neighboring countries, China should construct an appropriate strategy on RTAs as soon as possible. Without the derogation of multilateral trade agreement, the RTA strategy should be led by national strategic interest, contain the involvement of various levels of trade agreements, enlarge the scope of regional trade agreements, and expand the potential realm of partners for cooperation, etc. Chen Bin was a joint doctoral student of Wuhan University (China) and l’Université Paul Cézanne Aix-Marseille III (France). Now, he is an editor of International Law Review of Wuhan University, a visiting scholar under the scholarship programme of UK foundation for Uniform Law of l’Institut International pour l’Unification du Droit Privé (Unidroit), a researcher under the doctoral scholarship programme of the Hague Academy of International Law, a research fellow of Heidelberg Max Plank Institute for Comparative Public Law and International Law, a research fellow under the Asser Research Fellowships Programme of T.M.C. Asser Instituut, a visiting fellow under the scholarship program for visiting fellows of Hamburg Max Plank Institute for Comparative and International Private Law. Mr. Chen is a member of the Society of International Economic Law (SIEL), the Association for International Arbitration (AIA) and the Asian Competition Forum (ACF), and a researcher of the Arbitration Institute of Guangzhou Arbitration Court. Currently, his research interests focus on international trade law and public international law.     

Using soft skills courses to inspire law teachers: a new methodology for a more humanistic legal education

ABSTRACT

Law schools have in recent years been engaged in a process of revising their curricula, in large part adapting to rapid changes in technology, but also in a more generalised effort to improve “teaching the law”. Yet thus far, legal pedagogy seems to focus disproportionately on the traditional model of the “thinking lawyer”, when it should equally promote the model of the “feeling lawyer”, helping students to sharpen soft skills such as empathy, integrity and problem-solving. The main claim of this paper is that law professors could begin to pay more attention to the growing importance of soft skills in legal education and preparedness for legal practice. In this direction, we propose a set of pedagogical principles revolving around four axes: compassionate, attentive, reason-based and empathetic teaching (CARE). This methodology could help law professors become more effective pedagogues. Soft skills courses constitute a well-suited vehicle for introducing these principles to law school curricula in different legal systems. By systematically incorporating them, law schools can encourage law teachers to provide a more inclusive learning environment for their students. At the same time, law teachers who implement the particular methodology can hopefully rediscover fulfilment in their teaching. Overall, teaching soft skills can significantly improve students’ and teachers’ experience in legal education.     

Violence against teachers: prevalence and consequences

Data collected from 731 teachers were used to examine the consequences of violence directed toward teachers while in the workplace. Analyses showed that the majority of respondents (n = 585, 80.0%) had experienced school-related violence—broadly defined—at one point in their careers. Serious violence (actual, attempted, or threatened physical violence) was less common, but still common enough to be of concern (n = 202, 27.6%). Violence predicted physical and emotional effects, as well as teaching-related functioning. In addition, a model with fear as a potential mediator revealed that both fear and violence were independently predictive of these negative outcomes. Finally, analyses showed that, in general, women reported higher levels of physical symptoms compared to men. We discuss the implications of violence against teachers in terms of personal consequences and the implications for mental health professionals working in an educational setting.     

Physician self referral arrangements: legitimate business or unethical "entrepreneurialism"

An emerging legal and ethical controversy in the health care industry centers on physician investment in health care facilities to which they make patient referrals. This Article analyzes the policy debate surrounding these physician self referral arrangements as well as the various responses to such arrangements. The Article asserts that an effective legal or ethical response to self referral arrangements must acknowledge and balance both the possible pro-competitive effects of such arrangements and the inherent potential for abuses in this type of business practice. From this perspective, the most effective form of regulation consists of extensive structural guidelines which focus on the physician's referral behavior and limit restrictions on investment procedures. Such an approach would minimize referral abuses and conflict of interest concerns but promote business and competitive freedom.     

Risk assessment and geography teachers: a survey

Recently the issue of health and safety procedures on field trips and school visits has come to the fore, as a result of a series of tragedies involving the deaths of pupils. A review of some of the recent court cases and inquests involving the victims of field trips was undertaken. This indicated that schools and teachers are failing to implement risk assessment procedures which are a requirement of the Management of Health and Safety at Work Regulations 1999. The research focuses on the perceptions and practices of geography teachers as leaders of field trips. A central question is whether or not geography field trips are operating to acceptable safety standards. A questionnaire was constructed which set out to explore a sample of Northern Ireland geography teachers' attitudes to issues of liability and risk assessment. The findings indicate that teachers' compliance with Regulation 3, the requirement to conduct adequate risk assessments is variable, and a small proportion never undertake any risk assessments. The majority of respondents indicated that they had not received any training in conducting risk assessments. The findings raise concerns about the self‐regulation of safety procedures by teachers on field trips.     

Masculine responsibility across generations: living arrangements in a Norwegian parish around 1900

This article researches living arrangements longitudinally on the basis of census materials and church records from around 1900 in a Norwegian parish. We are interested in patterns of obligations and expectations between generations, and to what extent these were related to rules of inheritance practices. We hypothesize that the parity of children co-residing with elderly fathers in the census reflects expectations and attitudes towards filial responsibility. Based on linking the census records of elderly fathers to their fertility history in the church records, the article indicates that traditions in the circumpolar north differed from the usual practice of primogeniture among countries in the Germanic cultural area, including most of Norway. Irrespective of the father’s marital status, the majority of children living with their elderly fathers were sons. One important reason for this is the masculine character of the fisheries, where the transfer of knowledge from father to son was crucial for successful economic results, thus promoting masculine obligations across generations, strong enough to have a significant effect upon living arrangements.     

Migration and the household: Urban living arrangements in late 19th- to early 20th-century Russia

Examining population census data for the late 19th and early 20th century, this article examines the impact of rural–urban migration during the first wave of Russia's industrialization on urban living arrangements. The author finds effects that echo the experience of other industrializing nations, notably the proliferation of board and lodging arrangements, and phenomena that are more peculiar to the Russian situation. Notably, the system of landholding and associated legal and fiscal constraints complicated migrants' separation from the village and put a premium on cyclical and return migration rather than outright urbanization. These conditions were conducive to the formation of collective non-family households of labour migrants, artely, which were an important mechanism for cutting living expenses and increasing the share of earnings remitted to the village and the family household back home.     

Migration and the household: Urban living arrangements in late 19th- to early 20th-century Russia

Examining population census data for the late 19th and early 20th century, this article examines the impact of rural–urban migration during the first wave of Russia's industrialization on urban living arrangements. The author finds effects that echo the experience of other industrializing nations, notably the proliferation of board and lodging arrangements, and phenomena that are more peculiar to the Russian situation. Notably, the system of landholding and associated legal and fiscal constraints complicated migrants' separation from the village and put a premium on cyclical and return migration rather than outright urbanization. These conditions were conducive to the formation of collective non-family households of labour migrants, artely, which were an important mechanism for cutting living expenses and increasing the share of earnings remitted to the village and the family household back home.     

One for you and two for me: revenue sharing arrangements in charitable healthcare organizations

Charitable healthcare organizations have often borrowed from the methods of their for-profit counterparts in compensating physicians and other business partners. This is done in order to provide needed services to their communities, and to protect their charitable assets by sharing risk and preserving limited capital. One of the most controversial compensation methods in use by such organizations is the revenue sharing arrangement. In use for over thirty years, these arrangements have received close scrutiny and inconsistent treatment by the Internal Revenue Service (IRS) and have been the subject of critics' ire as an impermissible transgression of the fundamental line between charities and commercial enterprises. The author, however, concludes that revenue sharing arrangements serve an important purpose in enabling charitable healthcare organizations to fulfill their missions, that the IRS and the Treasury have now made clear that there is not a higher standard governing their use, and that these arrangements are consistent with charitable operation when an appropriate process and safeguards are in place to prevent payment of unreasonable compensation.     

Understanding the determinants of novel technology adoption among teachers: the case of 3D printing

The Journal of Technology Transfer - 3D printing consists of novel technologies that raised high expectations about their future impact on economy and society. However, despite major efforts of...