Дисертації з теми "Appeal for abuse of power"
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Chapple, Larelle June. "Abuse of corporate power." Thesis, Queensland University of Technology, 2000.
Знайти повний текст джерелаEisenberg, Nadine Cecilia. "Child sexual abuse : making sense of the abuse of power and control." Thesis, London Metropolitan University, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.316642.
Повний текст джерелаAlger, Stephanie Mary. "Inverting assumptions : domestic abuse without 'male power'?" Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/inverting-assumptions-domestic-abuse-without-male-power(bd685527-85b3-41a3-8c75-418c658659a3).html.
Повний текст джерелаStyczen, Myriam. "L'acte faisant grief." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2025. http://www.theses.fr/2025ASSA0005.
Повний текст джерелаThe term used by the administrative judge is a common term for an act that may be appealed. Yet the statutory and legislative provisions governing access to the court do not provide for such a concept. The doctrinal discourse is, moreover, heterogeneous and contingent. The choice was therefore made to propose a definition, based on an analysis that is both historical and positivist. The act causing damage is an act capable of producing sufficient effects, that is to say serious and immediate, justifying the opening of proceedings against it. It pursues a resolutely objective aim of regulating access to the court and delimiting the office of administrative judge. But the developments in administrative litigation reveal a renewed usefulness of such a notion, yet resolutely classical. The rule of prior decision, an intangible axiom of administrative litigation, is now called into question by the admission of appeals against acts which are not decisive on the ground that they cause harm. The grievance is the real admissibility test. The highlighting of the contentious utility of the grievance is accompanied by the understanding it allows of the legal and normative phenomenon. The act causing the injury shows that the unilateral administrative action is not in any way reduced to an administrative decision. Considering that the act causing injury, when it has effects, the judge invites to renew the approaches of normativity, inseparable from the notion of obligation. The opening of the appeal against non-decision-making acts would reveal a new pretorian conception of normativity, more realistic and based on the effective modification of rules of law or behaviour
Totten, Mark Douglas. "Power for the powerless, girlfriend abuse by marginal male youth." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq22180.pdf.
Повний текст джерелаTotten, Mark Douglas Carleton University Dissertation Sociology and Anthropology. "Power for the powerless; girlfriend abuse by marginal male youth." Ottawa, 1996.
Знайти повний текст джерелаHepburn, Alexa. "Deconstructing secondary school bullying : a postmodern analysis of power and subjectivity." Thesis, Glasgow Caledonian University, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287516.
Повний текст джерелаPresto, Sylvia. "The impact of power of attorney abuse on the elderly| A case study." Thesis, New Jersey City University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3730744.
Повний текст джерелаDurable power of attorney has been recognized as a powerful legal document that is used to financially exploit the elderly across the United States. The existing research indicated elder financial abuse undermines the economic security of the financially exploited older adult.
Despite the findings, however, a recent review of the existing literature showed a lack of research that computed how much elder financial abuse was attributed to durable power of attorney abuse. Studies, such as the one published by the MetLife Market Institute, reported that $2.9B was stolen from the elderly nationwide in 2010. If the durable power of attorney is used to financially exploit the elderly, then the question becomes: How much money is stolen from the elderly by the misuse of a durable power of attorney? The existing research that quantified elder financial abuse did not delineate and show how much was attributed to durable power of attorney abuse. That is the missing link.
Adult Protective Services is a nationwide government agency that receives and investigates reports of suspected elder abuse, physical and financial. The elder financial abuse cases include those in which a durable power of attorney was used to gain access to the older adults’ money.
This dissertation was the first attempt to calculate in dollars how much money was taken from older persons in Bergen County, New Jersey through the misuse of a durable power of attorney, with a sole focus on durable power of attorney abuse apart from the other ways in which senior citizens are financially exploited. This researcher examined an open-source document prepared by Bergen County Adult Protective Services and estimated in dollars how much money was taken from the elderly in Bergen County, New Jersey over a specific period of time.
This researcher examined civil security, the human security paradigm, and national security. The focus was on the economic component of the human security paradigm and through a narrow lens, the study results demonstrated that durable power of attorney abuse is a critical threat to the economic security of the nation’s older population and poses a potential threat to our nation’s security.
The most significant result was that the data compiled in this study seemed to indicate that between January 1, 2010, and December 31, 2013, the majority of the elder financial abuse cases reported to and investigated by Bergen County Adult Protective Services were committed by a means other than the misuse of a durable power of attorney. When it was used, however, it resulted in the older persons having their monthly social security income stolen on a regular basis, or in other cases hundreds of thousands of dollars were taken over time.
Corbett, Alan. "Becoming the author: issues of consent, power and agency in the forensic assessment of people with intellectual disabilities." Thesis, University of Kent, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.594399.
Повний текст джерелаScott, M. "Partnership, power and policy : a case study of the Scottish Partnership on Domestic Abuse." Thesis, University of Edinburgh, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.661682.
Повний текст джерелаHuang, Huiling. "Consumer Responses to Demand-framed versus Supply-framed Scarcity Appeals: The Moderating Role of Power." The Ohio State University, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=osu1554372699664737.
Повний текст джерелаBseiso, Layla. "Harold Pinter: A Night Out : A Study in the Political ConnotationsAnd the Abuse of Power." Thesis, Högskolan Dalarna, Engelska, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:du-2866.
Повний текст джерелаChagoya, Charleena Sharon. "SUBSTANCE ABUSE CYCLE INTERVENTION AND PREVENTION FOR CHILDREN OF SUBSTANCE ABUSERS." CSUSB ScholarWorks, 2016. https://scholarworks.lib.csusb.edu/etd/310.
Повний текст джерелаStaskiewicz, Jessica A. "The constraining influence of norms on the use and misuse of power /." [St. Lucia, Qld.], 2006. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19735.pdf.
Повний текст джерелаWahyuningrum, Barry Coeli. "The politics of trafficking in Indonesia : gender, national rhetorics and power /." Abstract, 2007. http://mulinet3.li.mahidol.ac.th/thesis/2550/cd411/4937976.pdf.
Повний текст джерелаJosolyn, Simon. "Men's experiences of violence and abuse from a female intimate partner : power masculinity and institutional systems." Thesis, University of East London, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.542307.
Повний текст джерелаRadford, Joyce L. "Children's social power in their relationships with adults, implications for child sexual abuse primary prevention programs." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/NQ28165.pdf.
Повний текст джерелаThorn, Sophie Alexandra. "“The Abuse of Power and Indiscretion": Identity, Mourning and Control in the Work of Sophie Calle." Thesis, University of Canterbury. School of Humanities, 2010. http://hdl.handle.net/10092/4831.
Повний текст джерелаLindani, Sibusiso Lordwell. "An abuse of power by certain senior ministers in the congregations a challenge to pastoral care /." Diss., Pretoria ; [S.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-01082009-145023/.
Повний текст джерелаNathan, Aleah Leann. "The Power of Love: Attachment Style in the Battered Woman Syndrome." NSUWorks, 2011. http://nsuworks.nova.edu/cps_stuetd/56.
Повний текст джерелаPimentel-Aguilar, Silvia. "Imagination, power and resilience in psychotherapists/counsellors who have overcome childhood abuse : a quantitative and qualitative study." Thesis, University of Sheffield, 2008. http://etheses.whiterose.ac.uk/3632/.
Повний текст джерелаKortmann, Constantijn Nicolaas Johannes. "Onrechtmatige overheidsbesluiten /." Deventer : Kluwer, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/524850941.pdf.
Повний текст джерелаBell, Margaret Rose. "Social policing or social welfare? : a study of justice, power and partnership within the initial child protection conference." Thesis, University of York, 1997. http://etheses.whiterose.ac.uk/2510/.
Повний текст джерелаDaka, Fridah Malindima. "Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15210.
Повний текст джерелаDowling, Peter, and res cand@acu edu au. "How Is Power Used In The Catholic Church? A case study of a group of male religious in the Archdiocese of Melbourne." Australian Catholic University. School of Social Science, 2002. http://dlibrary.acu.edu.au/digitaltheses/public/adt-acuvp15.25072005.
Повний текст джерелаJohansson, Susanne. "Sexual Relationships between Athletes and Coaches : Love, Sexual Consent, and Abuse." Doctoral thesis, Gymnastik- och idrottshögskolan, GIH, Institutionen för idrotts- och hälsovetenskap, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:gih:diva-4890.
Повний текст джерелаAhuama-Jonas, Chizara U. "Strength in the Midst of Pain: Relationship Power, Victimization, and HIV Risk Behaviors among Substance Abusing African American Women." University of Cincinnati / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1399623942.
Повний текст джерелаParley, Fiona Forbes. "Vulnerability and abuse : an exploration of views of care staff working with people who have learning disabilities." Thesis, Robert Gordon University, 2007. http://hdl.handle.net/10059/225.
Повний текст джерелаBrüggemann, A. Jelmer, and Katarina Swahnberg. "What contributes to abuse in health care? A grounded theory of female patients’ stories." Linköpings universitet, Genus och medicin, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-90196.
Повний текст джерелаFunding Agencies|Swedish Research Council|2009-2380|
Corrêa, Mariana Villela. "Abuso de posição dominante: condutas de exclusão em relações de distribuição." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2132/tde-10042013-131710/.
Повний текст джерелаThe work seeks to examine situations in which distribution practices tending towards exclusion may characterize illicit acts of abuse of a dominant position by suppliers of goods and services. Suppliers of goods and services need to identify the most efficient way of getting their products to the end user. In certain circumstances, though, a supplier may occupy a dominant position in given markets, and its distribution practices may have effects of exclusion, possibly affecting competition unfavorably. Throughout the work, we attempt to contextualize and understand the idea of exclusion, using an analysis of the treatment given to exclusionary conducts under United States antitrust law, the competition law of the European community and Brazilian competition law. We also seek to sketch out an overview of the main lines of economic theory that assist in an understanding of the idea of exclusion, along with specific contributions making reference to the issue. We also examine the main distribution practices tending towards exclusion, which we classify into traditional and non-traditional, seeking to understand their effects and rationale. Lastly, a diagnosis and conclusion are presented. The treatment of distribution practices with a trend towards exclusion must strike a balance between, on the one hand, proper repression of abuses of a dominant position involving distribution relations and, on the other, the preservation of an incentive for suppliers to adopt efficient, innovative and competitive ways of structuring their distribution systems.
Murphy, Clare. "Men's intimate partner abuse and control : reconciling paradoxical masculinities and social contradictions." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/31854/1/Clare_Murphy_Thesis.pdf.
Повний текст джерелаErlingsson, Christen. "Elder abuse explored through a prism of perceptions : perspectives of potential witnesses /." Doctoral thesis, Umeå University, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-1392.
Повний текст джерелаThe overall aim of this thesis was to deepen understanding of elder abuse (EA) by exploring and comparing perceptions held by experts, older persons, representatives of potential support organizations, and family members. Experts’ perspectives (I) were examined through risk indicators and screening questions (a) located in EA literature and (b) selected by an international Delphi panel. Risk indicators most commonly found in the literature or selected by the panel were compiled into consensus lists. There were differences between risk indicators and questions in the two lists. In papers II and III participants were interviewed in focus groups about their perceptions of EA. Older persons (II) considered EA to be due to changing society and family systems where children are not brought up to respect older persons. EA was mainly conceptualized as ageism, criminal actions, mistreatment in residential care, and societal abuse. The abuser was perceived as a stranger or a healthcare worker. Fear was discussed as a major consequence of EA; especially fear among women. Abused persons were described as carrying the responsibility to seek help. Witnesses were described as hesitant to get involved. Improvements in society such as educating children and healthcare workers were considered ways to cope with EA. Besides family and friends there were few spontaneous suggestions for where to seek help and support in society. These suggestions included healthcare, police, church, and volunteer organizations. Representatives of these suggested organizations were interviewed in focus groups about their perceptions of EA (III). Perceptions of both causes and conceptions of EA were very similar to perceptions of older persons (II). Four themes emerged in the data; good intentions in abusive situations, older generation’s responsibility for EA, failing to report abuse, and prevention of abuse. Participants (III) also expressed ageist attitudes themselves and findings included victim blaming and tolerance for EA. Participants perceived that anyone could be provoked to abuse, and that abusers can be considered victims in abusive situations. Confidentiality was discussed as a barrier to reporting and the need for educating children to show respect for older persons was identified. Interviews with an adult family member (IV) explored her experiences of witnessing abuse situations between her uncle and his wife. In her desire to protect and remain loyal to her family she felt powerless and tolerated abuse. She longed for support she could trust but was locked into passivity by her feelings of shame. Synthesis of findings (I – IV) revealed issues of isolation, autonomy, vulnerability, victim blaming, perceiving the abuser as a victim of circumstances, ageism, tolerating EA, shame, and power as essential elements in EA. Based on the findings, alternative descriptions of EA are offered as a challenge to existing EA definitions. Findings suggest that a key to unlocking EA is compassion, understood as the ability to see a situation as if we were in it ourselves, experiencing the potential for disrespect, shame and unworthiness inherent in abusive acts.
Figueiredo, Debora de Carvalho. "The use and abuse of your sexual power : cosmopolitan / nova and the creation / maintenance of a conservative view of female sexuality." reponame:Repositório Institucional da UFSC, 1995. http://repositorio.ufsc.br/xmlui/handle/123456789/76301.
Повний текст джерелаMade available in DSpace on 2012-10-16T09:05:37Z (GMT). No. of bitstreams: 0Bitstream added on 2016-01-08T20:03:15Z : No. of bitstreams: 1 101524.pdf: 22429889 bytes, checksum: 87d491b1e698a1bd38c0ba4882c11278 (MD5)
O presente trabalho utiliza as teorias britânicas da Análise Crítica do Discurso para desenvolver uma análise lingüística de 11 textos coletados da revista Cosmopolitan inglesa e da revista brasileira Nova. O objetivo deste trabalho é argumentar que a revista Cosmopolitan, aparentemente ousada e progressista, ajuda a criar e a reforçar uma visão sexista, prescritiva e conservadora das relações de gênero e da sexualidade. Para tanto, foram analisadas três categorias de elementos lingüísticos: vocabulário (representações); modalidade; e discurso hortatório. O exame destes elementos lingüísticos ajudou a demonstrar que os discursos usados na revista Cosmopolitan, embora aparentemente amigáveis e informais, escondem relações de poder e controle entre produtores e consumidores de revistas, e entre homens e mulheres. Este estudo procura desmistificar a imagem de revista feminina ousada transmitida pela Cosmopolitan, e procura mostrar que a revista em questão promove uma visão de mundo discriminatória e sexista.
Human-van, der Westhuizen Alecia. "Teachers' experiences of power relations as psychological violence / Alecia Human-van der Westhuizen." Thesis, North-West University, 2012. http://hdl.handle.net/10394/8704.
Повний текст джерелаThesis (MEd (Educational Psychology))--North-West University, Potchefstroom Campus, 2013
De, Bruin Louise. "The silent weapon in war and peace : the power of patriarchy." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/37375.
Повний текст джерелаDissertation (MPhil)--University of Pretoria, 2012.
gm2014
Centre for Human Rights
unrestricted
Beijar, Jessica. ""Jag blir den du säger att jag är" : Intagnas upplevelser kring bemötande och maktutövning på kriminalvårdsanstalt." Thesis, Umeå universitet, Institutionen för kultur- och medievetenskaper, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-79772.
Повний текст джерелаChristensen, Katherine Batenga. "Domestic Violence, A study of men's violence in close relationship." Thesis, Malmö universitet, Fakulteten för hälsa och samhälle (HS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-25973.
Повний текст джерелаBardes, Mary. "Aspects of goals and rewards systems as antecedents of abusive supervision the mediating effect of hindrance stress /." Orlando, Fla. : University of Central Florida, 2009. http://purl.fcla.edu/fcla/etd/CFE0002569.
Повний текст джерелаSimonetti, Débora Bertolini Ferreira. "Direito, poder e violência: a crise da legitimidade jurídica no cinema brasileiro." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-13022015-133456/.
Повний текст джерелаThe power is often used as synonymous with violence, because it identifies the state as having the legitimate monopoly of force, which is the latest manifestation of power. To the law, the relationship between power and violence is valued in sanction, this serving as differentiation and identification of the legal norm. While many define power and violence as opposed to legal legitimacy crisis that arises when the exercise of symbolic violence ceases to be concealed and unknown by the social addressed, awakens the use of violence against violence so unreasonable and abusive to compel obedience or even maintain power relations. However, the replacement of power by violence by the authority may have many consequences, such as the annihilation of the subject, disconfirmation of authority as well as the emergence of informal powers. Under the abuse of power by violence, the sense of injustice arises, because violence does not go beyond a justification, as always bring itself arbitrariness, and therefore, although it may be perceived as effective and valid until no is able to fend off the human discontent against the loss of the sense of things, because, ultimately, would the rule of the strong over the weak. According to this perspective, it is possible to analyze the relationship between law, power and violence in Brazil exposed on national cinema, especially in relation to drug trafficking in the slums and organized crime.
Kim, Chunhyo. "A Family Affair: The Political Economy of Media Ownership in the Republic of Korea (1998-2012)." OpenSIUC, 2014. https://opensiuc.lib.siu.edu/dissertations/831.
Повний текст джерелаSvensson, Emma, and Thörner Nora. "MYNDIGHETSPERSON OCH MEDMÄNNISKA." Thesis, Malmö universitet, Fakulteten för hälsa och samhälle (HS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-24578.
Повний текст джерелаSocial work, generally consists interpersonal treatment and relations. The aim of this study was to describe the point of view among social welfare secretaries concerning the significance of the relation between social welfare secretaries and clients with drug abuse. Six social welfare secretaries from different social services in Malmö, working with clients with abuse participated in interviews. Data was gathered by means of interviews, focusing the relative importance of alliance and power in their daily work with clients. The study states that there is imbalance of power when social welfare secretaries and clients meet. The social welfare secretary can use the relation as a tool to make the client feel comfortable and secure in the encounter with the social welfare secretary. The informants implies that the relation is significant in most cases to get access to the client's story and also to investigate the clients understanding and desires. Elements such as the clients earlier experiences of authorities, time pressure, and the imbalance of power between the social welfare secretary and the client can aggravate for the social welfare secretary to build a good relation with the client and eventually a strong alliance. There is a contradiction in the way our informants describes how they treat their clients well and states that they are trying to build a good relationship with them, when on the other hand, all of our informants claims that most of their clients have bad experiences when it comes to meeting authorities.
Söderberg, Åke, and Malin Tilly. "COMMON EXPERIENCES – MUTUAL UNDERSTANDING? A QUALITATIVE CASE STUDY TO EXPLORE THE SIGNIFICANCE OF COMMON EXPERIENCES REGARDING DRUG ABUSE BETWEEN CLIENTS AND DRUG THERAPISTS DURING DRUG ADDICTION TREATMENT." Thesis, Malmö högskola, Fakulteten för hälsa och samhälle (HS), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-26573.
Повний текст джерелаOetama-Paul, Angela J. "When Organizations Can't Handle Survivors' Truths: Whistleblowing When Trauma is Involved." Case Western Reserve University School of Graduate Studies / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=case1625676794240289.
Повний текст джерелаMalherbe, Helena Dorathea. "Emotional abuse in close relationships analysis of women's experiences as expressed in a therapeutic setting /." Thesis, Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-11032006-131428.
Повний текст джерелаQtaifan, Mohammad A. S. "The requirements for access to judicial review and the grounds for challenging the abuse of discretionary power : a comparative study of English and Jordanian law." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.343262.
Повний текст джерелаHabtemichael, Faniel Sahle. "Anti-corruption strategies in the South African public sector : perspectives on the contributions of complexity thinking and ICTs." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/1397.
Повний текст джерелаAmong the multitude of problems that contemporary South Africa is faced with, is corruption. Corruption in contemporary South Africa has spread to a systemic level, as evidenced through national and international research, official government statements, and the media. The leakage of billions of Rand from government coffers to greedy individuals is alarming. Allegations of corruption are increasingly implicating top government and party officials. Some of government payrolls are invaded by ghost workers; government accounts are charged by over- and under-invoicing, phantom billing and ghost beneficiaries. Resources are diverted and leaked in the process of supply chain activities. Against these, ICTs are not well placed, despite their capabilities to counter administrative corruption. The dissertation focuses on exploring the answers to the following questions in the South African public sector. i. What is corruption and why is it still increasing, despite the availability of ICTs that can effectively assist in tracking and tracing irregularities in the financial system? ii. How sufficiently and effectively are ICTs designed to minimise susceptibility to corruption in financial transactions, HR issues, and the activities (elements) of the supply chain? iii. How cohesive and integrated are the sub-systems and systems in the anticorruption industry (organisationally, nationally and internationally) in order to close the loopholes for corruption? iv. Is there a nationally centralised database system that is used as a frame of reference in administrative decision making? v. What general problems are there in the anti-corruption system? 6 In the effort to move from the conceptual to the empirical level, these problems provide the main stimulus for exploring the status and role of information technologies in the anti-corruption system.
Karlsson, Lovisa, and Loella Sjögren. "Språkval och tilltal på webbsidor : En kvalitativ studie om språkval och tilltal på svenska kommuners webbsidor om ekonomiskt bistånd." Thesis, Linnéuniversitetet, Institutionen för socialt arbete (SA), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-78696.
Повний текст джерелаBosire, Conrad M. "Devolution for development, conflict resolution, and limiting central power: an analysis of the constitution of Kenya 2010." Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4114_1380725514.
Повний текст джерелаState practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the argument that the design features of devolved government for these purposes are not always compatible. Accordingly, while there are complementary and neutral design features in the three designs, trade-offs have to be made between the unique design features in order to ensure the effective pursuit of the three purposes through a single system of devolved government. Kenya, the case study for this inquiry, confirms the international trend as its major challenges over the last 50 years have been underdevelopment, internal conflict and abuse of central power. As such, development, ethnic harmony, and the limiting of central power featured prominently throughout the entire constitutional review process as purposes to be pursued by means of devolution of power. To this end, the devolution of state power is one of the central elements of the current constitutional dispensation in Kenya. There are trade-offs made in Kenyaâs devolution design in order to accommodate the three purposes of devolution. However, the overall result has been that the emphasis falls on development at the expense of conflict resolution and limiting central power. Nevertheless, regardless of the trade-offs and nature of the final design, the designâs effectiveness or lack thereof may depend very much on factors external to the design. Lack of political will to make devolution work can negate the effectiveness of even the most perfect design
by same token, political will could make an apparently bad design effective. In practice, therefore, effectiveness depends on an array of other context-specific factors.
Silva, Alberto Luis Camelier da. "Desenho industrial: abuso de direito e o reflexo na concorrência do mercado de reposição." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2132/tde-02042013-111046/.
Повний текст джерелаThe antitrust law, currently under Law 12,529, of November 30, 2011, and the intellectual property law is within the Brazilian juridical ordination, seeking to rule conducts and procedures intended to protect the free competition, on one hand, and to stimulate the innovation and technological development of the country, on the other hand. In the performance of both rights, conflicts are many times observed, which apparently reveal a contradiction: the granting of exclusivity for the exploitation of intangible goods, such as patents and industrial designs, conflicts with the free competition, excluding one another. Said contradiction, however, has been overcome, as it will be noticed. Our juridical system encompasses no absolute rights liable to justify the pure and simple dominance of one on the other, without assessing the consequences. The balance is searched by means of the legal prevention of the abuses of right, especially the abuses of the intellectual property law and the abusive exercise of the economic power. In addition, the Federal Constitution subordinates the use of property to its social function. This study analyzes the issues involving this apparent conflict and the abuses resulting from the enforcement of said rights. The theme is introduced with the analysis of the interface between the intellectual property right and the antitrust one and the resulting legal issues. Then, the abuse of right, the abuse of economic power and the abuse of the dominant position are analysed, pointing out the understanding of the existence of a tying arrangement, even though the binding occurs with deferral in time. The study proceeds by analyzing the free initiative and the free competition, as well as the industrial design institute and its eventual abusive use. The parts reposition and parts of complex products and their repercussion in Brazil and overseas, the CADE´s position as to eventual anticompetitive conducts are also analyzed. The commented jurisprudence illustrates the several opinion of jurists on this matter. Would the monopoly resulting from the intellectual property right benefit the market efficiency and regulation, despite the eventual effects against the consumer interests ? This paper seeks to reply such a question, by deepening the debate on the conflicts between the monopoly granted by industrial design to spare parts of complex objects and the consumer´s free choice. It also offers a legislative proposal intended to ensure the balance between the involved parties´ rights.
Saxena, Anshul. "Theory of Gender and Power: Intimate Partner Violence, HIV Status and Sexual Risk Behaviors in Haitian Women." FIU Digital Commons, 2017. http://digitalcommons.fiu.edu/etd/3200.
Повний текст джерела