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51.
Every day, decisions are made in universities that affect students. When a decision adversely affects a particular student, what means of redress does that student have? The circumstances in which a student has a legal claim against their university are generally unclear. Courts have traditionally tended to draw a distinction between ‘purely academic’ decisions and disciplinary decisions. There has been reluctance on the part of courts to intervene in non-disciplinary decisions which involve academic judgment, for example, the grade to be given to a student's work. On the other hand, where the decisions are purely disciplinary, for example, in relation to a student's behaviour towards others or towards university property, the courts have made it clear that there is essentially no difference between this and disciplinary matters within any other public institution or organization. However, disciplinary decisions that are connected with allegations of academic misconduct, for example, cheating and/or plagiarism, have been more problematic for the courts. Historically, the debate was whether any such decision was justiciable in public law. Recently the question has also been whether an aggrieved student may succeed in a private law action against a university. The legal issues raised by university decisions affecting students have not yet been clearly resolved in all jurisdictions. Indeed, in some cases, judges have raised many more questions than they have answered. This article will review the framework for legal challenges to university decisions against a background of recent judicial attitudes in Australia, New Zealand, the UK and the US. 相似文献
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Mary E. Dankoski Margaret K. Keiley Volker Thomas Pamela Choice Sally A. Lloyd Brenda L. Seery 《Journal of family violence》2006,21(5):327-339
The process of the intergenerational transmission of violence is not well understood. A risk and resilience model of criminal violence against women was investigated using secondary data. The sample was composed of adolescent male juvenile delinquents who had been physically abused by their parents, and who were followed up at ages 25 and 31. A series of structural equation models were fit to investigate whether dysregulated affect mediated the effects of attachment and family chaos on the adult perpetration of violence against women. These models support the hypothesis that affect dysregulation may act as a mediator. Results raise new ideas about the mechanisms by which violence may be transmitted across generations. 相似文献
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Sally Coleman Selden Patricia Wallace Ingraham & Willow Jacobson 《Public administration review》2001,61(5):598-607
What are states doing with respect to human resource practices to improve government operations? Using data collected by the Government Performance Project, this article identifies emerging trends and innovations in state personnel systems. Specifically, it provides a national comparison in the areas of personnel authority, workforce planning, selection, classification, and performance management. Results show that many states are delegating authority for personnel functions to agencies and managers, shifting their human resource missions to being more proactive and collaborative with agencies, and adopting performance management systems that integrate organizational and individual goals. In short, many states are investing considerable resources to modernize their human resource management systems. 相似文献
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Karen R. Fisher Sandra Gendera Anne Graham Sally Robinson Kelley Johnson Kate Neale 《Australian Journal of Public Administration》2019,78(1):37-55
Very little is known about how relationships between people with disabilities and their paid support workers are positioned in policy. With the policy shift toward choice of provider, individualised approaches, person centredness and self‐directed funding, the nature of their relationship assumes a more prominent role in the quality of support practice. The policy analysis in this article explores the extent to which current disability policy acknowledges, promotes, or diminishes the relationships between people with disabilities and workers, in their organisational context. It uses Honneth's conditions for recognition—love (cared for), rights (respected) and solidarity or social esteem (valued)—to understand how policy positions mutuality in the relationship. The policy review applied a three‐stage process: categorisation of policies, textual analysis and content analysis to policy documents at four levels—international, Australian federal, state and organisational in two case studies. The analysis revealed that while a rights framework is explicit in most policies, the emphases on the conditions for recognition within a relationship between people with disabilities and workers are compromised in instructional policies that attempt to manage the tension between choice and risk, particularly at the organisational level. 相似文献
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Research examining the impact of self-protective behaviors on outcomes in nonsexual assaults involving intimates has focused solely on one mainstream sample (National Crime Victimization Survey) in which violence is a relatively rare event. Using the Women's Experience of Violence (WEV) project which collects data from a sample of incarcerated women, we explored the phenomenon of self-protective behaviors to assess whether their use impacts the probability and severity of subsequent injury during a domestic violence incident. In addition to utilizing a unique sample, we considered an alternative operationalization of self-protective behaviors that separates physical and verbal responses to include whether the behavior involved an element of force. Results suggest some similarities between a mainstream sample and our marginalized sample. Namely, the frequency in which they utilize countermeasures and the effect of "fighting back" appear to be consistent with previous research. However, the more nuanced categorization of self-protective behaviors demonstrates the importance of considering whether the strategy was forceful when examining women's responses to violence. 相似文献
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In 1997, Margaret Brazier was asked by the then Government to chair a review of the laws regulating surrogacy. The subsequent Brazier Report made a number of recommendations, including the need for greater regulation and the tightening of 'expenses' payments. Fifteen years on, the limitations in the legal regulation of surrogacy have become increasingly clear. Yet, none of Brazier's recommendations have been adopted, despite the clear opportunity for revisiting the regulation of surrogacy offered during the passage of the Human Fertilisation and Embryology Act (2008). In this paper, we revisit the Brazier Report in the light of subsequent developments and assess to what extent its key findings remain salient. Brazier's recommendations will thus provide a jumping off point for a critical analysis of the current state of the law regarding surrogacy. 相似文献
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