The Scandalous Record of Avoidable Errors in Expert Evidence Offered in FTC and Lanham Act Deceptiveness Cases

1992 ◽  
Vol 11 (2) ◽  
pp. 57-67 ◽  
Author(s):  
Ivan L. Preston

A content analysis is reported on evidence introduced in deceptive advertising cases, evidence that is erroneous, meaning rejected as unable to establish the factual finding it was introduced to support. Further, this evidence is avoidably erroneous, meaning the invalidity and consequent rejection were predictable in advance on the basis of the professional knowledge of lawyers or researchers. The result is discussed as happening because of the nature of legal action and because of the interaction of lawyers and researchers. Implications of such avoidably erroneous evidence are discussed and suggestions are made for ways to eliminate them.

2021 ◽  
Vol 9 (2) ◽  
pp. 407-424
Author(s):  
Seçil Toros

The debate on deceptive advertising is getting more critical alongside the proliferation of the Internet and global e-commerce. This study aims to portray the nature and variances of deceptive tactics employed in online shopping sites by utilising an original database and a content analysis. Findings verified that the use of online deceptive advertising practices is common among Turkish online-shopping sites. First and foremost, the study displayed the high propensity of advertisers to omit or obscure information within the online ad content. The findings also provided empirical evidence on the correlational nature of involvement level and price with the deception levels.


2021 ◽  
Vol 14 (33) ◽  
pp. e14223
Author(s):  
Luysienne Silva de Oliveira ◽  
Maria Núbia Barbosa Bonfim

This study discusses the relations of belonging at school between supervisors and teachers, aiming to analyze in which relational group these authors belong more strongly. The Theory of Social Representations guided the research, in view of its construction processes, anchoring and objectification, to be closely linked to belonging, making the strange, familiar. Data collection was carried out through semi-structured and in-depth interviews distributed by: Classification by Elements of Meaning, Lexical Content Analysis and Thematic Analysis. The results point out, among other factors, that the construction of representations by social groups makes the stranger known to the subjects, pointing to belonging to the group of people or to the place, in addition, belonging is in the self and the other's recognition as part of the same group, not only based on affection, but on partnership, sharing and exchange of professional knowledge.


2021 ◽  
pp. 192-212
Author(s):  
Johan Liljestrand

The paper argues that Swedish preschool teachers tend to be depicted mainly as subjects for policy implementation when it comes to their mission to teach in preschool. Taking the perspective of inside-out-professionalism, the paper aims to make visible how preschool teachers have developed professional knowledge about teaching from within the preschool context. The methodology is based on content analysis of semi-structured interviews with ten experienced preschool teachers. Teaching is defined openly as a conscious arrangement for learning. Dewey’s notions of experience, environment and subject content further informed the interpretation of the results. Two main categories were discerned, both emphasising the experience and active participation of the child: identifying potential subject components in children’s experience, and arranging an environment in which the child becomes a part. Each main category further included two sub-categories. Thus the present issue of implementing teaching in preschool could gain from research on established preschool practice based on inside-out-professionalism and made visible through Dewey’s theorical lens.


2012 ◽  
Vol 1 (2) ◽  
pp. 194-208 ◽  
Author(s):  
Christian Burgers ◽  
Anneke de Graaf ◽  
Sabine Callaars

This study investigates the persuasiveness of different types of expert evidence. Following Wagemans (2011), two types of experts were distinguished that can be used in expert evidence: experiential experts (who base their expertise on personal experience) and professional experts (who base their expertise on professional knowledge). In a between-subjects experiment (N = 179), these different types of experts were included in a news report on a political issue. Results indicate that the perceived expertise and persuasiveness of professional experts was higher than that of experiential experts. Perceived expertise completely mediated the effects of the different types of expert evidence on persuasion. These results point towards a recommendation of using professional expert evidence over experiential expert evidence in reporting on political issues.


Author(s):  
Haerunnisa Yunus ◽  
Rusli Rusli ◽  
Abidin Abidin

The aim of this paper is to discusse the concept of a marriage agreement in the Compilation of Islamic Law. This study is literature review research with a qualitative methods. The  data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The result of research shows basically, there is no difference between the Marriage Law and the Islamic Law Compilation regarding the marriage agreement. Second, the legal consequences of the marriage agreement made by each party—husband and wife, are binding. Therefore, if a violation occurs, each party can take legal action.


2019 ◽  
Vol 7 (1) ◽  
pp. 13
Author(s):  
Youdy R Suawa ◽  
Alfret Luasunaung ◽  
Markus T Lasut ◽  
Denny B.A Karwur ◽  
Suria Darwisito

Title (Bahasa Indonesia): Efektivitas tindakan hukum penenggelaman kapal dalam pemberantasan illegal fishingdi wilayah Pangkalan Pengawasan Sumber Daya Kelautan dan Perikanan Bitung, Sulawesi Utara This study aimed to assess the effectiveness of vessel sinking legal action to eradicate illegal fishing practices by the Ministry of Marine and Fisheries Affairs of Indonesia (MMFAI) in the area of Marine and Fisheries Resources MonitoringBase of Bitung (MFRMBB), North Sulawesi. The assessment was carried out by analysing five aspects, 1) regulations; 2) institutional functions, duties, and authority; 3) institutional programs and planning; 4) ideal conditions; and 5) stakeholder perceptions. The research used a method of ‘content analysis’ and questionnaire survey. The result showed that the implementation to sink foreign and ex-foreign vessels by MMFAI is a legal certainty according to fisheries regulations in Indonesia; it was conducted according to functions, duties, and authorities of the implemented institutions; was conducted well; and has achieved an ideal condition which was indicated by diminishing of illegal fishing practices; it was done according to fisheries regulations and stakeholder perceptions. Finally, it can be concluded that the legal action of vessel-sinking in MFRMBB was effective in eradicating illegal fishing practices.Penelitian ini bertujuan untuk menilai efektifitas tindakan penenggelaman kapal untuk memberantas illegal fishingoleh Kementerian Kelautan dan Perikanan (KKP) RI di Pangkalan Pengawasan Sumber Daya Kelautan dan Perikanan Bitung, Sulawesi Utara. Penilaian dilakukan dengan cara menganalisis 5 aspek, yaitu: 1) peraturan dan ketentuan; 2) fungsi, tugas, dan wewenang lembaga pelaksana; 3) program dan rencana lembaga pelaksana; 4) kondisi ideal; dan 5) persepsi stakeholder. Metode penelitian yang digunakan ialah analisis isi (content analysis) dan survei menggunakan angket. Hasil penelitian menunjukan, bahwa implementasi penenggelaman kapal asing dan eks asing yang dilakukan oleh KKP merupakan suatu kepastian hukum sesuai ketentuan dan peraturan dan perundang-undangan di bidang perikanan yang berlaku; telah dilaksanakan sesuai fungsi, tugas, dan kewenangan KKP RI; telah terlaksana dengan baik; dan telah mencapai kondisi ideal di mana ditandai dengan berkurangnya pelaku tindak pidana perikanan; serta tindakan tersebut sudah sesuai dengan ketentuan dan peraturan yang berlaku di bidang perikanan, menurut persepsi stakeholder. Dengan demikian, dapat disimpulkan, bahwa tindakan hukum penenggelaman kapal yang dilakukan di Pangkalan Pengawas Sumber Daya Kelautan dan Perikanan Bitung adalah efektif dalam memberantas kegiatan illegal fishing.


2017 ◽  
Vol 1 ◽  
pp. 109-120
Author(s):  
Louise Bourgeois

Through the results of a generalizability study, Heritage, Kim, Vendlinski & Herman (2009) show that teachers are better at determining the quality of student work than they are at deciding the next steps in instruction to support learning. The present research starts from this evidence and seeks to better understand the obstacles that limit teachers’ formative assessment decisions in writing. A questionnaire was used to help teachers determine the strengths and areas of need of their students’ work and to plan the next instructional steps to support learning. An individual retrospective interview was also used to better understand teachers’ thinking behind the answers they provided on the questionnaire. Content analysis was used to analyze questionnaire answers and interview transcriptions. Research results show that the formative assessment process is complex and multidimensional and raise fundamental questions regarding teachers’ professional knowledge and skills in this domain.


2006 ◽  
Vol 18 (4) ◽  
pp. 160-173 ◽  
Author(s):  
Maria Senokozlieva ◽  
Oliver Fischer ◽  
Gary Bente ◽  
Nicole Krämer

Abstract. TV news are essentially cultural phenomena. Previous research suggests that the often-overlooked formal and implicit characteristics of newscasts may be systematically related to culture-specific characteristics. Investigating these characteristics by means of a frame-by-frame content analysis is identified as a particularly promising methodological approach. To examine the relationship between culture and selected formal characteristics of newscasts, we present an explorative study that compares material from the USA, the Arab world, and Germany. Results indicate that there are many significant differences, some of which are in line with expectations derived from cultural specifics. Specifically, we argue that the number of persons presented as well as the context in which they are presented can be interpreted as indicators of Individualism/Collectivism. The conclusions underline the validity of the chosen methodological approach, but also demonstrate the need for more comprehensive and theory-driven category schemes.


Crisis ◽  
2020 ◽  
pp. 1-8
Author(s):  
Christian Ulrich Eriksen ◽  
Flemming Konradsen ◽  
Thilde Vildekilde

Abstract. Background: Information on methods of suicide is available online, and access to information on methods of suicide appears to contribute to a small but significant proportion of suicides. There is limited documentation of how methods of suicide are being profiled, as well as what content exists in other languages than English. Aim: We aimed to analyze and compare how methods of suicide are profiled on Danish and English-language websites. Method: We applied a categorization and content analysis of websites describing methods of suicide. Sites were retrieved by applying widely used Danish and English-language search terms. Results: A total of 136 English-language websites and 106 Danish-language websites were included for analysis. Websites were more often categorized as prevention or support sites, academic or policy sites, and against suicide sites than dedicated suicide sites (i.e., pro-suicide sites), or information sites. However, information on methods of suicide was available, and 20.1% and 8.9% of the English and Danish-language sites, respectively, suggested that a particular method of suicide was quick, easy, painless, or certain to result in death. Limitations: Only one author coded and analyzed all websites. A further operationalization of the content analysis checklist is warranted to increase reliability. Conclusion: The websites primarily had a prevention or anti-suicide focus, but information on methods of suicide was available, requiring an increased focus on how to diminish the negative effects of harmful online content.


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