scholarly journals Solicitors’ rights of audience, competence and regulation: a responsibility rights approach

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Jane Ching
Keyword(s):  
Regulatory System ◽  
Competitive Market ◽  
Key Factors ◽  
Lower Court ◽  
Competitive Position ◽  
England And Wales ◽  
Legal Professions ◽  
Trial Advocacy ◽  
The Individual

Abstract This paper takes as its context the decision of the Solicitors Regulation Authority in England and Wales to abandon before the event regulation of lower court trial advocacy. Although solicitors will continue to acquire rights of audience on qualification, they will no longer be required to undertake training or assessment in witness examination, by contrast with other, competing, legal professions. Their opportunities to acquire competence outside the classroom will remain limited. The paper first explores this context and its implications for the three key factors of rights to perform, competence and regulatory accountability. The current regulatory system is then displayed as a Hohfeldian network of rights and duties held in tension between stakeholders intended to inhibit the incompetent exercise of rights to conduct trial advocacy. The SRA's proposal weakens this tension field and threatens the competitive position of solicitors. The paper therefore finally offers a radical alternative reconceptualisation of rights of audience in terms of Waldron's ‘responsibility rights’ as a solution, albeit one with significant implications for the individual advocate. This model, applicable globally, is closer to notions of societal good and professionalism than to those of the competitive market, whilst inhibiting incompetent performance and remediating the SRA's approach.

Nonspecific Chronic Back Pain: Sixth Edition Approaches

2019 ◽  
Vol 24 (5) ◽  
pp. 14-15
Author(s):  
Jay Blaisdell ◽  
James B. Talmage
Keyword(s):  
Back Pain ◽  
Chronic Back Pain ◽  
Intervertebral Disk ◽  
Key Factors ◽  
Sixth Edition ◽  
Whole Person ◽  
Class 1 ◽  
A Cell ◽  
Intervertebral Disk Herniation ◽  
The Individual

Abstract Ratings for “non-specific chronic, or chronic reoccurring, back pain” are based on the diagnosis-based impairment method whereby an impairment class, usually representing a range of impairment values within a cell of a grid, is selected by diagnosis and “specific criteria” (key factors). Within the impairment class, the default impairment value then can be modified using non-key factors or “grade modifiers” such as functional history, physical examination, and clinical studies using the net adjustment formula. The diagnosis of “nonspecific chronic, or chronic reoccurring, back pain” can be rated in class 0 and 1; the former has a default value of 0%, and the latter has a default value of 2% before any modifications. The key concept here is that the physician believes that the patient is experiencing pain, yet there are no related objective findings, most notably radiculopathy as distinguished from “nonverifiable radicular complaints.” If the individual is found not to have radiculopathy and the medical record shows that the patient has never had clinically verifiable radiculopathy, then the diagnosis of “intervertebral disk herniation and/or AOMSI [alteration of motion segment integrity] cannot be used.” If the patient is asymptomatic at maximum medical improvement, then impairment Class 0 should be chosen, not Class 1; a final whole person impairment rating of 1% indicates incorrect use of the methodology.

Safer and Stronger? The Decline of Managerial Competence and Liberal Welfarism in Justice Policy

2016 ◽  
Vol 25 (1) ◽  
pp. 62-82 ◽  
Author(s):  
Stuart MacLennan
Keyword(s):  
Strong Relationship ◽  
England And Wales ◽  
Managerial Competence ◽  
Legal Professions ◽  
Scottish Government

Since the SNP came to power in 2007, they have sought to pursue two objectives with respect to matters of justice: to demonstrate managerial competence; and to ‘re-tartanise’ Scottish justice policy. While the headline figures present a generally positive figure of the SNP's nine years in government, belying these figures is an increasing tendency towards illiberal and authoritarian justice policies, as well as mismanagement on the part of ministers. This article considers the SNP's approach to and management of justice policy, and whether or not they have been successful in the pursuit of their twin objectives. It considers the degradation of ministers’ once-strong relationship with the legal professions, the management of the Crown Office and Procurator Fiscal Service, the establishment of Police Scotland, and the Scottish Ministers’ increasing deference to the police on ‘operational matters’. It further considers the continuation of the ‘ned-bashing’ agenda of the Scottish Government and concludes that, while ministers might rhetorically seek to appear liberal and welfarist, in contrast to England and Wales, the reality has been the pursuit of punitive policies that are arguably even less liberal, and less welfarist, than that of their predecessors, or their counterparts in England and Wales.

Aftermath Effect Of GST On Consumer Purchasing Power

2019 ◽  
Vol 118 (5) ◽  
pp. 122-131
Author(s):  
S. Thowseaf ◽  
M. Ayisha Millath ◽  
K. Malik Ali
Keyword(s):  
Living Standard ◽  
Purchasing Power ◽  
Percentage Increase ◽  
Defense System ◽  
Key Factors ◽  
Predominant Role ◽  
Tax System ◽  
Significant Difference ◽  
The Individual ◽  
Taxation System

Tax is an important source of income for the country. It is through tax; country strengthens its defense system, infrastructure, and government. Hence, tax system plays a predominant role in developing country’s economy. The complication in taxation system and liberty for taxpayers are key factors generating loopholes for corruption. GST is superior taxation system over VAT but, if neither properly implemented nor scrutinized according to the economy, it is people residing get affected.  GST taxation system is capable of increasing legal transaction, reducing corruption and complexity that exists in current taxation. India is 166th country to adopt GST and GST taxation slab in India is 0%, 5%, 12%, 18% and 28%.  Although average Tax levied is 14.8750% in India, it is 28% tax that is levied for most of the commodities, which are directly or indirectly used in everyday life of common individuals. Despite, GST being favorable to distributor in-terms of profit and government to attain tax by increasing legal transaction through invoice. It is noted that for the same percentage of taxation, the amount does not vary for VAT and GST. The tax slab decreased for 71 commodities and no change in 21 commodities; there has been an increase in tax slab for 60 commodities. 26% taxation was levied for most commodities considered was currently levied by 28% taxation which is greater than before. It was found that average tax percentage reduced was calculated to be 6.07143. The average tax percentage increase was calculated to be 4.7833 percentage for the considered commodities. The overall tax average tax percentage is estimated to be 14.8750% which does not have a significant difference concerning tax levied before GST, which was calculated to be 15.7829% for considered commodities. Therefore, the consumer purchasing power and overall living standard of the individual in India will remain almost same.

scholarly journals Multimodal Transport in the Context of Sustainable Development of a City

2021 ◽  
Vol 13 (4) ◽  
pp. 2239
Author(s):  
Marzena Kramarz ◽  
Edyta Przybylska
Keyword(s):  
Sustainable Development ◽  
Freight Transport ◽  
Key Factors ◽  
The Sustainable Development ◽  
Individual Character ◽  
Third Stage ◽  
Multimodal Transport ◽  
Research Questions ◽  
The Individual ◽  
The Impact

Multimodal freight transport in cities is a complex, valid, and vitally important problem. It is more seldom underlined in scientific studies and included in cities’ strategies that devote more attention to passenger transport than freight transport. The increased utilization of multimodal transport matches current transport policy and at the same time, it is one of the most important challenges put before cities striving to achieve sustainable development. In this case, the paper embarks upon the problem of relations between multimodal transport development and the sustainable development of the cities. The objective of the paper is an analysis of the impact of the selected city of the Upper Silesian metropolis on the development of multimodal freight transport and an assessment of the impact of the development of multimodal transport on the sustainable development of the cities of the Upper Silesian metropolis. The authors developed three research questions in order to implement the adopted objective. The process of looking for the answer included four stages. Within the first and second stages, the literature studies and experts’ research allowed for identifying key factors of the multimodal transport development that a city may have an impact on. In the third stage, the research was two-fold and was based on a questionnaire and scenario analysis. Due to the individual character of each of the cities, scenarios were developed for Katowice, being the main economic center of Upper Silesian and Zagłębie Metropolis. As a result of the research, factors have been identified that must be included in a strategy of a city that strives for sustainable development. The last stage of the research focused on the initial concept of the multimodal transport development impact assessment on sustainable development of the cities. Conclusions developed at individual stages allowed for answering the research questions.

A Psycho-Pedagogical Framework for Multi-Adaptive Educational Games

2011 ◽  
Vol 1 (1) ◽  
pp. 45-58 ◽  
Author(s):  
Michael D. Kickmeier-Rust ◽  
Elke Mattheiss ◽  
Christina Steiner ◽  
Dietrich Albert
Keyword(s):  
Game Design ◽  
Educational Games ◽  
Educational Game ◽  
Key Factors ◽  
Embedded Assessment ◽  
Non Invasive ◽  
Motivational States ◽  
Individual Support ◽  
Learning Game ◽  
The Individual

One of the trump cards of digital educational games is their enormous intrinsic motivational potential. Although learning game design is often understood on a one-fits-all level, the actual motivational strength of an educational game strongly depends on the individual learners, their very specific goals, preferences, abilities, strength and weakness, personality, and experiences with gaming. Considering motivation being a fragile and constantly changing state, it is important to continuously assess learning and gaming processes and the oscillations of motivation and immersion within a game. With this premise in mind, the authors developed a psycho-pedagogical approach to a non-invasive embedded assessment of motivational states and learning progress, feeding into a dynamic, ontology-driven learner (and gamer) model. To evaluate the approach, the demonstrator games were subject to intensive quantitative and qualitative experimental research. Results show that a meaningful personalization and an individual support are key factors of the success of learning games.

scholarly journals Features of psychological protection of students of IHE who are engaged in swimming

2021 ◽  
pp. 36-39
Author(s):  
N. Dakal ◽  
O. Cherevichko ◽  
K. Smirnov
Keyword(s):  
Defense Mechanisms ◽  
Defense Mechanism ◽  
Self Regulation ◽  
Regulatory System ◽  
Fear Of Failure ◽  
Traumatic Experiences ◽  
Protective Mechanisms ◽  
Psychological Defense ◽  
The Individual ◽  
And Behavior

The purpose of psychological protection is to maintain the integrity of the "self-concept" of the individual by protecting his consciousness from negative traumatic experiences, fear of failure, anxiety or uncertainty in their actions. The authors who studied this phenomenon in sports note that the psychological protection of the athlete - is a system of mechanisms and methods of mental self-regulation of consciousness and behavior of the individual in extreme mental conditions. Psychological defense mechanisms are manifested in students as a regulatory system that is activated in a situation of internal or external conflict. Based on it, students often show such a defense mechanism as substitution, regression, and compensation. Considering the manifestation of protective mechanisms in boys and girls, we obtained the following indicators: reactive formations (73% in girls and 51% in boys) and projection (73% in girls and 54% in boys) (p <0.05); in boys prevails: suppression (65% in boys and 45% in girls) and intellectualization (69% in boys and 56.1% in girls) (p <0.05). We found differences in the choice of the dominant mechanism of psychological protection by swimming students. The leading mechanism in the studied contingent is substitution, and the least preferred is suppression. The study identified the manifestation of the main mechanisms of psychological protection in students who swim and analyzed certain types of protection with a description of the specific features of the system of protective mechanisms and the level of their impact depending on gender differences.

Improved Alignment Technique for Dish Concentrators

Solar Energy ◽  
2003 ◽  
Author(s):  
Charles E. Andraka ◽  
Richard B. Diver ◽  
K. Scott Rawlinson
Keyword(s):  
Focal Length ◽  
Electric Energy ◽  
Parabolic Systems ◽  
Companion Paper ◽  
Quantitative Information ◽  
Key Factors ◽  
Look Back ◽  
Parabolic Dish ◽  
The Individual

Parabolic dish concentrators have shown significant promise of generating competitive electric energy for grid and off-grid applications. The efficiency of a dish-electric system is strongly affected by the quality of the concentrator optics. Most parabolic systems consist of a number of facets mounted to a support structure in an approximate parabolic arrangement, where the individual facets have spherical or parabolic optical shapes. The individual facets must be accurately aligned because improper alignment can compromise performance or create hot spots that can reduce receiver life. A number of techniques have been used over the years to align concentrator facets. In the Advanced Dish Development System (ADDS) project, a color look-back alignment approach that accurately aligns facets (mirror panels) and in addition indicates quantitative information about the focal length was developed. Key factors influencing the alignment, some of which had very large effects on the quality of the alignment, were also identified. The influence of some of the key factors was characterized with a flux mapping system on the second-generation ADDS concentrator. Some of these factors also affect other alignment approaches. The approach was also successfully applied to two other concentrators with differing facet arrangements. Finally, we have extended the method to a 2-f approach that eliminates the need for a distant line-of-sight to the dish and permits alignment at near vertical dish attitudes. In this paper, we outline the color look-back alignment approach, discuss the key alignment factors and their effect on flux distribution, and discuss extensions to non-gore dishes. A companion paper discusses the 2-f color alignment approach in detail.

A Psycho-Pedagogical Framework for Multi-Adaptive Educational Games

2013 ◽  
pp. 103-117 ◽  
Author(s):  
Michael D. Kickmeier-Rust ◽  
Elke Mattheiss ◽  
Christina Steiner ◽  
Dietrich Albert
Keyword(s):  
Game Design ◽  
Educational Games ◽  
Educational Game ◽  
Key Factors ◽  
Embedded Assessment ◽  
Non Invasive ◽  
Motivational States ◽  
Individual Support ◽  
Learning Game ◽  
The Individual

One of the trump cards of digital educational games is their enormous intrinsic motivational potential. Although learning game design is often understood on a one-fits-all level, the actual motivational strength of an educational game strongly depends on the individual learners, their very specific goals, preferences, abilities, strength and weakness, personality, and experiences with gaming. Considering motivation being a fragile and constantly changing state, it is important to continuously assess learning and gaming processes and the oscillations of motivation and immersion within a game. With this premise in mind, the authors developed a psycho-pedagogical approach to a non-invasive embedded assessment of motivational states and learning progress, feeding into a dynamic, ontology-driven learner (and gamer) model. To evaluate the approach, the demonstrator games were subject to intensive quantitative and qualitative experimental research. Results show that a meaningful personalization and an individual support are key factors of the success of learning games.

Development of a New Tool for Managing Performance Nutrition: The Athlete Food Choice Questionnaire

2019 ◽  
Vol 29 (6) ◽  
pp. 620-627 ◽  
Author(s):  
Rachael L. Thurecht ◽  
Fiona E. Pelly
Keyword(s):  
Principal Component Analysis ◽  
Nutrition Education ◽  
Food Choice ◽  
Weight Control ◽  
Principal Component ◽  
Component Analysis ◽  
Key Factors ◽  
Dietary Interventions ◽  
Frequency Scale ◽  
The Individual

This study aimed to develop and refine an Athlete Food Choice Questionnaire (AFCQ) to determine the key factors influencing food choice in an international cohort of athletes. A questionnaire that contained 84 items on a 5-point frequency scale was developed for this study. Athletes at the 2017 Universiade, in Taiwan, were invited to participate. Principal component analysis was utilized to identify key factors and to refine the questionnaire. Completed questionnaires were received from 156 athletes from 31 countries and 17 sports. The principal component analysis extracted 36 items organized into nine factors explaining 68.0% of variation. The nine factors were as follows: nutritional attributes of the food, emotional influences, food and health awareness, influence of others, usual eating practices, weight control, food values and beliefs, sensory appeal, and performance. The overall Kaiser–Meyer–Olkin measure was 0.75, the Bartlett test of sphericity was statistically significant, χ2(666) =2,536.50, p < .001, and all of the communalities remained >0.5. Intercorrelations were detected between performance and both nutritional attributes of the food and weight control. The price of food, convenience, and situational influences did not form part of the factorial structure. This research resulted in an AFCQ that includes factors specific to athletic performance and the sporting environment. The AFCQ will enable researchers and sports dietitians to better tailor nutrition education and dietary interventions to suit the individual or team. The next phase will test the accuracy and reliability of the AFCQ both during and outside of competition. The AFCQ is a useful tool to assist with management of performance nutrition for athletes.

Continuous Improvement Relationship to Risk Management

2018 ◽  
Vol 5 (2) ◽  
pp. 1-14 ◽  
Author(s):  
Brian J. Galli
Keyword(s):  
Risk Management ◽  
Continuous Improvement ◽  
Competitive Market ◽  
Developing Strategy ◽  
Key Factors ◽  
The World ◽  
Different Types ◽  
The Relationship ◽  
A Company

In order for a company to economically survive, it needs to compete with a highly competitive market. The world is changing fast, adding different types of risks to companies. So, companies need to not only meet requirements but also exceed them. At the same time, companies are required to lower the level of risks they may encounter. As a result, continuous improvement and risk management should be key factors to insure company success. This study explores the relationship between the two concepts and gives examples where the interconnections between them exist. Also, the study explains the important key components of continuous improvement and the classifications of risk management. Finally, this article focuses on three aspects, managing complaints, developing strategy, and creating a suitable culture. These aspects are evaluated based on the relationship between continuous improvement and risk management.

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