scholarly journals Who Can Be Examined for Discovery: The Evolution of Rule 200(1) and its Application Under the Proposed Rules of Court

2008 ◽  
Author(s):  
Thomas H. Ferguson, Q.C. ◽  
Douglas T. Yoshida ◽  
Kirsten A. Thoreson

This article examines the evolution of r. 200(1) of the Alberta Rules of Court, beginning with the first formulation of r. 200(1) in the 1914 Alberta Rules of Court and culminating in its draft form in the Alberta Rules of Court: Test Draft 3. Rule 200(1) allows a party to examine for discovery the employees, former employees, and corporate representative of an opposing party in such circumstances where they have knowledge of the issues between the parties by nature of their employment, without obtaining an order to do so. This article focuses on the present application and interpretation of r. 200(1) by examining the impact of two critical cases on the Rule. Then, the authors undertake a comparison of the present form of the Rule and the new form it will take under the Proposed Alberta Rules of Court. The authors conclude that the proposed Rule contradicts the broad and purposive approach that has been taken to the present Rule by reinstating an additional "best informed" test and adding three additional criteria.

Author(s):  
Talbot C. Imlay

This chapter examines the post-war efforts of European socialists to reconstitute the Socialist International. Initial efforts to cooperate culminated in an international socialist conference in Berne in February 1919 at which socialists from the two wartime camps met for the first time. In the end, however, it would take four years to reconstitute the International with the creation of the Labour and Socialist International (LSI) in 1923. That it took so long to do so is a testimony to the impact of the Great War and to the Bolshevik revolution. Together, these two seismic events compelled socialists to reconsider the meaning and purpose of socialism. The search for answers sparked prolonged debates between and within the major parties, profoundly reconfiguring the pre-war world of European socialism. One prominent stake in this lengthy process, moreover, was the nature of socialist internationalism—both its content and its functioning.


2020 ◽  
pp. 152483802097968
Author(s):  
Sarah Lockwood ◽  
Carlos A. Cuevas

Traditionally, the literature has sought to understand the impact of racial minority status and trauma as it relates to interpersonal violence, domestic violence, and sexual assault. What has not been as extensively reviewed and summarized is how racially or ethnically motivated hate crimes impact the mental health of minorities—particularly Latinx/Hispanic groups. This review aims to summarize the current body of literature on the intersection of race-motivated hate crime and trauma responses within Latinx community. To do so, the theoretical foundation for this inquiry will build from a race-based trauma perspective. Specifically, this review connects existing frameworks for race and trauma and integrates literature that examines Latinx or Hispanic populations that have experienced discrimination, bias, or hate crime as a result of their identity or perceived identity. The importance of situating bias or hate events within the trauma literature stems from a lack of overall formal evaluation of these events, and how these occurrences are historically overlooked as a traumatic stressor. The findings of this review suggest that (1) experiencing racially motivated victimization can cause adverse mental and physical health outcomes in Latinxs and (2) currently, there is only one study that has examined the impact of hate crime on Latinxs in the United States. This leaves the field with unanswered questions about the impact of hate crime victimization among Latinxs, which is an ever-growing area in need of attention.


Processes ◽  
2021 ◽  
Vol 9 (8) ◽  
pp. 1271
Author(s):  
Humberto. J. Prado-Galiñanes ◽  
Rosario Domingo

Industries are nowadays not only expected to produce goods and provide services, but also to do this sustainably. What qualifies a company as sustainable implies that its activities must be defined according to the social and ecological responsibilities that are meant to protect the society and the environment in which they operate. From now on, it will be necessary to consider and measure the impact of industrial activities on the environment, and to do so, one key parameter is the carbon footprint. This paper demonstrates the utility of the LCI as a tool for immediate application in industries. Its application shall facilitate decision making in industries while choosing amongst different scenarios to industrialize a certain product with the lowest environmental impact possible. To achieve this, the carbon footprint of a given product was calculated by applying the LCI method to several scenarios that differed from each other only in the supply-chain model. As a result of this LCI calculation, the impact of the globalization of a good’s production was quantified not only financially, but also environmentally. Finally, it was concluded that the LCI/LCA methodology can be considered as a fundamental factor in the new decision-making strategy that sustainable companies must implement while deciding on the business and industrial plan for their new products and services.


2001 ◽  
Vol 38 (04) ◽  
pp. 1033-1054 ◽  
Author(s):  
Liudas Giraitis ◽  
Piotr Kokoszka ◽  
Remigijus Leipus

The paper studies the impact of a broadly understood trend, which includes a change point in mean and monotonic trends studied by Bhattacharyaet al.(1983), on the asymptotic behaviour of a class of tests designed to detect long memory in a stationary sequence. Our results pertain to a family of tests which are similar to Lo's (1991) modifiedR/Stest. We show that both long memory and nonstationarity (presence of trend or change points) can lead to rejection of the null hypothesis of short memory, so that further testing is needed to discriminate between long memory and some forms of nonstationarity. We provide quantitative description of trends which do or do not fool theR/S-type long memory tests. We show, in particular, that a shift in mean of a magnitude larger thanN-½, whereNis the sample size, affects the asymptotic size of the tests, whereas smaller shifts do not do so.


1986 ◽  
Vol 19 (3) ◽  
pp. 573-583 ◽  
Author(s):  
Vaughan Lyon

AbstractAt the end of 1983, after a long and bitter political struggle, the Swedes adopted a system of wage earner funds. The five regionally-based funds are directed by boards dominated by employees. Using funds transferred to them by government, they invest in Swedish companies, primarily by buying shares on the stock market. The fund scheme will enable employees collectively to own about 10 per cent of Swedish business by 1990. They could control far more. Only experience can determine the impact of this new form of social ownership. But possibly the Swedes have found a socially and democratically appealing means of retaining the advantages of a market system while integrating social and economic forces.


2011 ◽  
Vol 13 (2) ◽  
pp. 135-144 ◽  
Author(s):  
Gavin E. Oxburgh ◽  
Coral J. Dando

PurposeThe purpose of this paper is to discuss two distinct but interrelated areas, namely witness/victim and suspect interviewing, and to argue that both must continue to evolve, suggest how they might do so, and that this process must be driven by emergent theory and contemporary empirical research.Design/methodology/approachThe paper outlines the impact of psychological theory and empirical research to investigative interviewing in recent decades.FindingsIt is argued that in order to stay ahead of the game, the field of investigative interviewing (suspect and witness) must continue to evolve in such a manner that not only protects and fosters the important practitioner/academic relationship, but also ensures that future directions are driven by empirical research, with recourse to emergent theory.Originality/valueThe paper outlines the impact of psychological theory and empirical research on investigative interviewing and the consequent enhancement of the interviewing of both suspected offenders and witnesses. The paper demonstrates that working closely together academic research can make a difference, and influence law, policy decisions and training guidelines in order to improve practice.


2018 ◽  
Vol 71 (1) ◽  
pp. 126-161
Author(s):  
Jonathan Bendor ◽  
Jacob N. Shapiro

AbstractHistorians and some scholars of international relations have long argued that historical contingencies play a critical role in the evolution of the international system, but have not explained whether they do so to a greater extent than in other domains or why such differences may exist. The authors address these lacunae by identifying stable differences between war and other policy domains that render the evolution of the international system more subject to chance events than those other domains. The selection environment of international politics has produced tightly integrated organizations (militaries) as the domain’s key players to a much greater degree than other policy domains. Because there are few players, no law of large numbers holds, and because militaries are tightly integrated, microshocks can reverberate up to macro-organizational levels. The anarchic character of the international system amplifies the impact of these shocks. The authors explore these phenomena in a range of historical examples.


Rev Rene ◽  
2021 ◽  
Vol 22 ◽  
pp. e62584
Author(s):  
Sergio Vital da Silva Junior ◽  
Aline Gomes Machado ◽  
Anny Michelle Rodrigues da Silva Alves ◽  
Katia Jaqueline da Silva Cordeiro ◽  
Maíra Bonfim Barbosa ◽  
...  

Objective: to understand the impact of music on the intensive care for COVID-19 as an instrument to humanize assistance from the perspective of nurses who work on assistance. Methods: qualitative study carried out with seven intensive care nurses working in the COVID-19 Intensive Care Unit of a public state hospital. Sample reached through theoretical saturation. Data were collected using interviews through the on-line application WhatsApp, guided by a semi-structured guide. Results: the following discursive categories emerged: Feelings of health professionals and humanized actions in intensive care; Music therapy to provide integral care for people with COVID-19 in the score of intensive care; Living in the moment; Music therapy as an instrument for spirituality in the intensive care environment. Conclusion: the nursing intensive care did not only carry out a biological treatment, but considered all aspects of the human being, using to do so humanization by music.


Author(s):  
Daniel Dantas Lemos

Este artigo se propõe a realizar uma análise do discurso acerca de hereges e rebeldes no ambiente do protestantismo evangélico brasileiro, a partir da repercussão da obra do pastor norte-americano Rob Bell no Brasil. Para tanto, selecionou como corpus de pesquisa uma entrevista concedida por Bell à revista Veja e sua repercussão junto ablogueiros evangélicos quando do lançamento de sua obra “O amor vence”, em 2012.  Concluímos que quando Rob Bell decide expor ideias sobre o inferno que não se baseiam nem na autoridade da Igreja, nem em sua teologia ou tradição, adota um sentido sobre a questão que não se qualifica como legítimo ou literal. Por consequência a instituição deve lhe identificar como herege e desqualificá-lo junto ao seu potencial público leitor. Dessa maneira, buscamos entender os mecanismos de exclusão embutidos na classificação como hereges. Buscamos, também, compreender como funcionam esses mecanismos, através da análise de um caso concreto e atual. This paper proposes to conduct a discourse analysis about heretics and rebels in the Brazilian Evangelical Protestantism environment from the impact of Rob Bell's books in Brazil. To do so, we selected the corpus of research an interview by Bell to Veja magazine and its impact along the evangelical bloggers on the launch of his book "Love Wins" in 2012. We concluded that when Rob Bell decided to expose ideas about hell not based either in the Church's authority, or in their theology or tradition, he adopted a meaning on the issue that does not qualify as legitimate or literal. Consequently the institution must identify him as a heretic and disqualify you from your potential audience reader. In this way, we seek to understand the mechanisms of exclusion embedded in the standings as heretics. We seek to understand how to work these mechanisms, through the analysis of a concrete and current case.


2021 ◽  
Author(s):  
◽  
Luke Stephen Tysoe

<p>Missionaries to China, by virtue of their positions and knowledge, frequently became important channels of information between cultures. They transmitted Christianity and Western learning to Chinese people while simultaneously describing China to home audiences through their writings and public speaking. This thesis examines how Alexander Don, Presbyterian missionary to the New Zealand Chinese in Otago from 1879 to 1913, performed similar functions as a "cultural mediator". For most of his career, Don was one of the most significant links between Chinese and European people in New Zealand. He developed a relationship with the Chinese community while simultaneously describing Chinese culture to Europeans in his published reports. While Don's missionary career has been extensively documented, there have been no studies of his significance from the perspective of cross-cultural dialogue and exchange. In this thesis I will discuss the ways that Don acted as a cultural mediator, as well as the factors that impelled him to do so. I will make an in-depth investigation of Don's presentation of Chinese culture to European readers through his mission reports, and how this image changed over the course of his career. The picture Don painted was both motivated and influenced by his mission aims, his growing understanding of Chinese culture, and his developing rapport with Chinese people. In order to demonstrate that Don was unique as a cultural mediator in New Zealand, I will compare him to other sources of information on Chinese culture. It will be shown that he provided very different data and opinions from those conveyed by secular writers and authors, and that his descriptions were generally more detailed than those of other missionaries to the New Zealand Chinese and New Zealand missionaries in China. Don will also be compared to more well-known China missionaries, in order to show that he was similar to them in terms of educating Westerners about the East. Finally, I will weigh the impact of Don's cultural mediation activities. Although he gained few converts, he played a crucial role in improving Sino-European understanding and relations. In the final analysis, Don had a greater impact in these areas than he did in the field of evangelism.</p>


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