The “folk” theory of democracy that typically justifies the administrative state cannot help but lead to a discourse of constraint. If agency action is only legitimate when it mechanically applies the will of the voters as transposed by Congress through statutes, then the norms guiding that action will inevitably restrain agency discretion. As a result, attempts to establish the democratic credentials of the administrative state ironically obstruct the application of collective power. But this “folk” theory of democracy is (...) bad theory. It is empirically incredible and, alarmingly, facilitates dangerous populist politics. Political theory instead suggests that a theory of democratic representation not only better explains legislative outcomes, but also deprives demagogues and deregulatory partisans of the fictions that prop up their agendas. After a brief survey of representative theory, this article will demonstrate that a model of trustee representation adequately describes administration, reinforces its democratic credentials and constitutes a space for politics in shaping the regulations that govern us all. (shrink)

Tenure is designed to protect the academic freedom of faculty members by insulating them from arbitrary dismissal by administrative authorities external to their community of scholars. Therefore, the target article's focus on constraints that derive from peer pressures and academic politics is misplaced, rendering the results of the survey irrelevant to the issue of the value of tenure. (Published Online February 8 2007).

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration (VA) facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients (n = 32) and managers (n = 38); semi-structured interviews with managers (n = 31), clinicians (n = 55), and ethics committee chairpersons (n = 21). Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was fairly (...) distributing resources across programs and services, whereas clinicians identified the effect of resource constraints on patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

Automated decision-making takes up an increasingly significant place in the administrative state. This article presents a conception of discretion that is helpful for evaluating the proper place of algorithms in public decision-making. I argue that the algorithm itself is not a site of discretion. The threat is that automated decision-making alters the relationships between traditional actors in a way that can cut down discretion and human commitment. Algorithmic decision-makers can serve to fetter the discretion that the legislature and the (...) populace expect to be exercised. We must strive to maintain discretion, moral agency, deliberative ideals, and human commitment through the system that surrounds the use of an algorithm and to develop a new expertise that can retain and exercise the expected discretion. Backing this argument are traditional legal constraints, public expectations, and administrative law principles, tied together through the organizing principle of discretion. (shrink)

A survey is presented showing an above-average performance by candidates of several Central/Eastern European countries in the world-wide competition for the Alexander von Humboldt fellowships in the period before 1989, in spite of various administrative obstacles imposed by their countries. The success rate can be linked to the traditionally relatively high level of educational standards there. The administrative obstacles are illustrated by taking the former Czechoslovakia as an example, and also by way of a personal case study.

BackgroundThe U.S. Food and Drug Administration traditionally has kept confidential significant amounts of information relevant to the approval or non-approval of specific drugs, devices, and biologics and about the regulatory status of such medical products in FDA’s pipeline.ObjectiveTo develop practical recommendations for FDA to improve its transparency to the public that FDA could implement by rulemaking or other regulatory processes without further congressional authorization. These recommendations would build on the work of FDA’s Transparency Task Force in 2010.MethodsIn 2016-2017, we convened (...) a team of academic faculty from Harvard Medical School, Brigham and Women’s Hospital, Yale Medical School, Yale Law School, and Johns Hopkins Bloomberg School of Public Health to develop recommendations through an iterative process of reviewing FDA’s practices, considering the legal and policy constraints on FDA in expanding transparency, and obtaining insights from independent observers of FDA.ResultsThe team developed 18 specific recommendations for improving FDA’s transparency to the public. FDA could adopt all these recommendations without further congressional action.FundingThe development of the Blueprint for Transparency at the U.S. Food and Drug Administration was funded by the Laura and John Arnold Foundation. (shrink)

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients and managers ; semi-structured interviews with managers, clinicians, and ethics committee chairpersons. Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was fairly distributing resources across programs and services, whereas clinicians identified the effect of resource constraints (...) on patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

The role of sustainable development in the export intensity of small and medium-size enterprises represents an open research question. We consider sustainable development through the environmental, social, and governance dimensions as well as via firms’ innovative activity indicators. Our objective is to reveal the sustainability determinants of export intensity of SMEs in emerging markets subject to financial constraints, which is one of the major obstacles for SMEs. Our sample is based on the 2018–2020 Business Environment Enterprise Performance Survey data. (...) The Heckman model allows us to reveal the factors relevant for SMEs to gain access to foreign markets under the control of financial constraints specific for SMEs. We also analyze the determinants of the SMEs’ share of direct exports in revenue. Our results demonstrate that innovative activity and corporate social responsibility facilitate entry to foreign markets, while equity concentration is a major deterrent. In particular, we reveal a significant positive effect of research and development investment on export intensity. Our findings highlight the complex nature of the interrelations between the SMEs’ share of direct exports in revenue and ESG consciousness. We find that other significant factors are political links of the top management, the gender composition of production and administrative units, employee training facilities, and ownership structure. (shrink)

The aim of this discussion is practical; otherwise it largely repeats some very general observations, chiefly historical and philosophical. I boast no expertise in anything specifically medical, to do with either medical care or medical administration. My concern is with the system of medicine and with the ethical and social issues that it involves. Applied philosophy is a still uncharted territory. Philosophers traditionally focus more on justifying accepted solutions than on seeking new solutions to urgent or interesting problems: their staple (...) problems are those of justification. Thus, they spend less time discussing scientific problems and difficulties, and more time discussing the justification of the claims that we know. They habitually choose the simplest and most unproblematic claims for knowledge, and then try to substantiate them... (shrink)

Operations research science is defined as the science that is concerned with applying scientific methods to complex problems in managing and directing large systems of people, including resources and tools in various fields, private and governmental work, peace and war, politics, administration, economics, planning and implementation in various domains. It uses scientific methods that take the language of mathematics as a basis for it and uses computer, without which it would not have been possible to achieve numerical solutions to the (...) raised problems, those that need correct solutions, when the solutions abound and the options are multiple, so we need a decision based on correct scientific foundations and takes into account all the circumstances and changes that you can encounter the decision-maker during the course of work, and nothing is left to chance or luck, but rather everything that enters into the account and plays its role in decision-making, and we get that when we use the concepts of neutrosophic science to reformulate what the science of operations research presented in terms of methods and methods to solve many practical problems, so we will present in this research a study aimed at shedding light on the most important methods used to solve nonlinear models, which is the Lagrangian multiplier method for nonlinear models constrained by equality and then reformulated using the concepts of neutrosophic science. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

The history of the transformation of late Roman fiscal administrative structures into those of the middle Byzantine period have been at the centre of discussions of the nature of the Byzantine state for over a century, and not simply because they were fundamental to the ways in which late Roman and early Byzantine government could function. For the fiscal administration of the empire reflected both the social structure of the society in which the state was rooted as well as (...) the logistical and environmental constraints which informed the way in which the imperial court and the emperors could run their empire. Brandes' important contribution to this discussion is perhaps one of the most significant publications yet to appear, not only because he is able to take into account all the latest research (and the literature exploited is exhaustive) but also because we now have at our disposal a far better basis in the contemporary sources than hitherto – and in particular, in the form of the vast wealth of sigillographic data which earlier scholars such as Bury or Dölger or Lemerle could only begin to appreciate. (shrink)

"ACT Administrative Appeals Tribunal Decisions." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (200), pp. 42.

In The Ethics of Food, Gregory E. Pence brings together a collection of voices who share the view that the ethics of genetically modified food is among the most pressing societal questions of our time. This comprehensive collection addresses a broad range of subjects, including the meaning of food, moral analyses of vegetarianism and starvation, the safety and environmental risks of genetically modified food, issues of global food politics and the food industry, and the relationships among food, evolution, and human (...) history. (shrink)

This volume presents a collection of refereed papers reflecting the state of the art in the area of over-constrained systems. Besides 11 revised full papers, selected from the 24 submissions to the OCS workshop held in conjunction with the First International Conference on Principles and Practice of Constraint Programming, CP '95, held in Marseilles in September 1995, the book includes three comprehensive background papers of central importance for the workshop papers and the whole field. Also included is an introduction by (...) one of the volume editors together with a bibliography listing 243 entries. All in all this is a very useful reference book relevant for all researchers and practitioners interested in hierarchical, partial, and over-constrained systems. (shrink)

Over its entire life, the Internal Revenue Code (like other tax systems) has never tried to tax economic income as such, because of the administrative and liquidity problems that arise from taxing any combination of values consumed and from appreciation (or depreciation) of capital stocks. Instead, the common practice limits tax occasions to a realization of income from sale or other disposition of property. Even then, if the proceeds of the transaction are not cash or marketable securities, as with (...) many corporation reorganizations, taxation is deferred until these assets are converted in cash or marketable securities.Any effort to eliminate these twin filters by taxing income—and income regardless of realization—will overburden government agencies and private taxpayers, while reducing economic activity. A wealth tax scores even worse by these welfare measures, creating massive problems of evasion and enforcement that will reduce capital formation across the board in the effort to transfer wealth from the ultra-rich to everyone else. A simple tax structure with affordable rates is the only path to economic prosperity. (shrink)

Purpose Whereas integration of big data in “e-Oman” – the e-government face of Oman – is a significant prospect, this paper aims to underscore the challenges of privacy concerns in effecting such integration. Design/methodology/approach Providing a brief description about the concepts of e-government and big data, the paper follows a discussion on “e-Oman”. While drawing a framework for integration of big data in “e-Oman”, the paper throws light on the privacy concerns in effecting such an integration following a qualitative approach. (...) Findings Integration of big data in “e-Oman” is fraught with ethical challenges in terms of privacy issues which have social implications. Practical implications While the pros of integration of big data in “e-Oman” are noteworthy, technical and administrative constraints vis-à-vis the cons of such integration need to be taken care of. It may be underlined that there is a trade-off between the norms of transparency and privacy of individuals versus the deployment of big data in “e-Oman” for effective real-time problem-solving. Social implications Technical and administrative infrastructure needs to be robust for countering challenges of cybercrimes. Furthermore, confidentiality and privacy of individuals may be at stake; the government needs to tackle these issues. Originality/value Integration of big data in “e-Oman” needs to be probed, and this paper seeks to fill this gap. Second, the paper underscores that it is important that ethical norms are being accounted for while effecting this integration. (shrink)

Due to constraints on institutional capacity and financial resources, the road to universal health coverage (UHC) involves difficult policy choices. To assist with these choices, scholars and policy makers have done extensive work on criteria to assess the substantive fairness of health financing policies: their impact on the distribution of rights, duties, benefits and burdens on the path towards UHC. However, less attention has been paid to the procedural fairness of health financing decisions. The Accountability for Reasonableness Framework (A4R), (...) which is widely applied to assess procedural fairness, has primarily been used in priority-setting for purchasing decisions, with revenue mobilization and pooling receiving limited attention. Furthermore, the sufficiency of the A4R framework’s four criteria (publicity, relevance, revisions and appeals, and enforcement) has been questioned. Moreover, research in political theory and public administration (including deliberative democracy), public finance, environmental management, psychology, and health financing has examined the key features of procedural fairness, but these insights have not been synthesized into a comprehensive set of criteria for fair decision-making processes in health financing. A systematic study of how these criteria have been applied in decision-making situations related to health financing and in other areas is also lacking. This paper addresses these gaps through a scoping review. It argues that the literature across many disciplines can be synthesized into 10 core criteria with common philosophical foundations. These go beyond A4R and encompass equality, impartiality, consistency over time, reason-giving, transparency, accuracy of information, participation, inclusiveness, revisability and enforcement. These criteria can be used to evaluate and guide decision-making processes for financing UHC across different country income levels and health financing arrangements. The review also presents examples of how these criteria have been applied to decisions in health financing and other sectors. (shrink)

Due process is the means by which ethical constraints are placed on administrative decision-making. I have developed a model of variation in due process and use this model to explore the implementation of “due process” norms by three standard-setting bodies that are created, funded, and overseen by the Canadian Institute of Chartered Accountants – the Accounting Standards Board, the Auditing and Assurance Standards Board, and the Public Sector Accounting Standards Board. I conducted two analyses: a comparative analysis of (...) the implementation of due process norms based on differences among the three cases; and, a critique of the due process norms followed by these boards based on their internal logic and a set of best practices identified in other contexts for due process by standard setters. I have presented evidence that due process norms are more fully developed, where standards are enforced by the state and the heterogeneity of users is greatest. (shrink)

Philosophy of a Concerned Academic interweaves three scenarios so as to develop insights of particular interest to college-age youth and to faculty and administrators in college and universities - (1) vignettes from a career in academic and public service; (2) discussion of the criteria for intelligent choice for a range of personal, academic and public policy decisions; and (3) evolvement of a philosophy of choice in which those criteria that could be regarded as ethical in nature are either constraints (...) on optimization or an essential element in attainment of an optimum, depending upon an individual's boundary of concern. The reflections and writings herein are the product of experiences in virtually all aspects of academe that an individual could hope to encounter, including some an individual would hope to avoid, from the perspective of one whose concern has been to empower others at local, national and international levels. (shrink)

The aim of this study was to identify the obstacles facing the application of knowledge management and its impact on performance at Palestine Technical University-Kadoorei from the point of view of employees and to detect the differences between the average views of the study sample on the subject of the study according to some variables such as (gender, nature of work, Education Level, specialization, years of experience). The study followed the descriptive analytical method and the questionnaire as a tool for (...) study. It was distributed to 74 employees. After the questionnaire was distributed, the data was collected and coded and entered into the computer and processed statistically using the SPSS program. The study found that the percentage of approval of the obstacles to the application of knowledge management at Palestine Technical University-Kadoorei differed between few and large, and the relative weight of the axis was complete (68.2). The degree of awareness of the workers of the reality of performance excellence at the University of Palestine Technical-Kadoorei was between medium and very large. There is an impact of the constraints of the application of knowledge management on performance excellence at Palestine Technical University-Kadoorei. In light of the results of the previous study, the researchers recommended that the importance of knowledge management should be taken into account in order to raise the university's reputation and reputation at home and abroad and improve its services to students and the local community. And to promote the exchange of experiences and knowledge with local, regional and international universities in order to enhance the knowledge and preserve it and provide modern and sophisticated scientific techniques and use them in administrative and academic work at the university. (shrink)

This article investigates some of the constraining factors experienced by 16 school-going mothers in the Okalongo circuit, Namibia. This was a qualitative phenomenological study, conducted through in-depth individual interviews, focus group discussions, and reflective journals with 16 school-going mothers between the ages of 17 and 20, purposively selected from three different public rural schools. This qualitative, phenomenological study analyses, through feminist and intersectionality theory, the lived experiences of these young mothers as they encounter the traditional, patriarchal attitudes and practices of (...) the Ovambadja community because these girls fell pregnant before their formal, cultural initiation. The article documents, through the voices of the young women themselves, the numerous constraints they experienced and overcame in their determination to complete their schooling. The findings show that, aside from the deeply held destructive patriarchal beliefs that significantly constrain and harm the mother-learners, the Namibian Learners Pregnancy Policy, which is intended to protect and ensure pregnant learners and motherlearners complete their schooling, is not being properly or effectively implemented. The study recommends an increase in efforts at the national level in Namibia to raise awareness among members of parliament, school administrators and principals, and all policymakers to develop better monitoring systems that will improve policy implementation in schools. (shrink)

Health research initiatives worldwide are growing in scope and complexity, particularly as they move into the developing world. Expanding health research activity in low- and middle-income countries has resulted in a commensurate rise in the need for sound ethical review structures and functions in the form of Research Ethics Committees. The urgent need for continued capacity development in Africa has necessitated research initiatives to identify existing capacity. This discussion paper describes the mapping of RECs in Africa through MARC project, second (...) phase and discusses the findings. MARC provides a platform and tool on COHRED's Health Research HRWeb, which can be used by RECs and key stakeholders in health research in Africa to identify capacity, constraints and development needs. (shrink)

The former Bush administration in the United States was accused by some at the time of exhibiting a “Dirty Harry ethics.” The charge here is that the administration showed a willingness to depart from many standard ethical constraints in its response to terrorism, on the principle that the end, preventing further terrorist attacks, justified any means, including preventive war and torture. What this also suggests is that Don Siegel’s 1971 crime thriller Dirty Harry has become synonymous in the popular (...) imagination with the practice of a certain kind of brutal utilitarian logic, in which the ends justify any means, however shocking, as long as they contribute to the greater good.But whatever... (shrink)

We understand regulatory policy problems against the backdrop of existing implementations of a regulatory framework. There are argument schemes for proposing a policy and for criticising a proposal, rooted in a shared understanding that there is an existing regulatory framework which is implemented in social structures in society, yet has problems. The problems with the existing implementations may be attributed either to those implementations or to the constraints imposed by the regulatory framework. In this paper we propose that calls (...) for change of regulatory policy, and case-based and statistical evidence produced in support of policy proposals, are based in model-based problem solving activities. This perspective suggests schemes for a good argument pro or con a policy proposal, while avoiding the problem of backing up claims and evidence on the policy level with a conjectural deep model of the policy domain. (shrink)

“Quality” refers nominatively to a standard of performance. Quality is the central idea that differentiates speech protected by academic freedom (the right to worthwhile utterances) from constitutionally protected speech (the right to say anything at all). Extant documents and discussions state that professional peers determine quality based on norms of a field. But professional peers deem utterances and activities as consonant with quality only in reference to criteria that establish meaning of the term. In the absence of articulation, these criteria (...) are ambiguous. Consequently, there exists recurrent confusion about what faculty members have a defensible right to say and do. This article develops an ontology of quality in reference to higher education teaching, a component of academic careers generally not subject to extensive peer review and where instructors thereby exercise considerable autonomy. The ontology identifies three criteria that bound quality: constraint, context, and amplitude. Boundedness exists only insofar as boundaries are controlled. The article examines two types of problems in professional control that affect quality: slippage and overreach. Both are instances of organizational deviance and abrogation of professional ethics. It is argued that the patterns threaten the structural integrity and public confidence of faculty, fields, and higher education institutions. (shrink)

In the standard analysis of economic institutions--which include social conventions, the working rules of an economy, and entitlement regimes --economists invoke the same theories they use when analyzing individual behavior. In this profoundly innovative book, Daniel Bromley challenges these theories, arguing instead for "volitional pragmatism" as a plausible way of thinking about the evolution of economic institutions. Economies are always in the process of becoming. Here is a theory of how they become. Bromley argues that standard economic accounts see institutions (...) as mere constraints on otherwise autonomous individual action. Some approaches to institutional economics--particularly the "new" institutional economics--suggest that economic institutions emerge spontaneously from the voluntary interaction of economic agents as they go about pursuing their best advantage. He suggests that this approach misses the central fact that economic institutions are the explicit and intended result of authoritative agents--legislators, judges, administrative officers, heads of states, village leaders--who volitionally decide upon working rules and entitlement regimes whose very purpose is to induce behaviors that constitute the sufficient reasons for the institutional arrangements they create. Bromley's approach avoids the prescriptive consequentialism of contemporary economics and asks, instead, that we see these emergent and evolving institutions as the reasons for the individual and aggregate behavior their very adoption anticipates. These hoped-for outcomes comprise sufficient reasons for new laws, judicial decrees, and administrative rulings, which then become instrumental to the realization of desired individual behaviors and thus aggregate outcomes. (shrink)

Background: Moral distress has been identified as a significant issue in nursing practice for many decades. However, most studies have involved American nurses or Western medicine settings. Cultural differences between Western and non-Western countries might influence the experience of moral distress. Therefore, the literature regarding moral distress experiences among non-Western nurses is in need of review. Aim: The aim of this integrative review was to identify, describe, and synthesize previous primary studies on moral distress experienced by non-Western nurses. Review method: (...) Whittemore and Knafl’s integrative review methodology was used to structure and conduct the review of the literature. Research context and data sources: Key relevant health databases included the Ovid MEDLINE, CINAHL, Web of Science, and Google Scholar databases. Two relevant journals, Nursing Ethics and Bioethics, were manually searched. Ethical consideration: We have considered and respected ethical conduct when performing a literature review, respecting authorship and referencing sources. Findings: A total of 17 primary studies published between 1999 and 2019 were appraised. There was an inconsistency with regard to moral distress levels and its relationship with demographic variables. The most commonly cited clinical causes of moral distress were providing futile care for end-of-life patients. Unit/team constraints (poor collaboration and communication, working with incompetent colleagues, witnessing practice errors, and professional hierarchy) and organizational constraints (limited resources, excessive administrative work, conflict within hospital policy, and perceived lack of support by administrators) were identified as moral distress’s stimulators. Negative impacts on nurses’ physical, psychological, and spiritual well-being were also reported. Conclusion: Further research is needed to investigate moral distress among other healthcare professions which may further build understanding. More importantly, interventions to address moral distress need to be developed and tested. (shrink)

This paper provides arguments to philosophers, scientists, administrators and students for why science students should be instructed in a mandatory, custom-designed, interdisciplinary course in the philosophy of science. The argument begins by diagnosing that most science students are taught only conventional methodology: a fixed set of methods whose justification is rarely addressed. It proceeds by identifying seven benefits that scientists incur from going beyond these conventions and from acquiring abilities to analyse and evaluate justifications of scientific methods. It concludes that (...) teaching science students these skills makes them better scientists. Based on this argument, the paper then analyses the standard philosophy of science curriculum, and in particular its adequacy for teaching science students. It is argued that the standard curriculum on the one hand lacks important analytic tools relevant for going beyond conventional methodology—especially with respect to non-epistemic normative aspects of scientific practice—while on the other hand contains many topics and tools that are not relevant for the instruction of science students. Consequently, the optimal way of training science students in the analysis and evaluation of scientific methods requires a revision of the standard curriculum. Finally, the paper addresses five common characteristics of students taking such a course, which often clash with typical teaching approaches in philosophy. Strategies how best to deal with these constraints are offered for each of these characteristics. (shrink)

Background: Medicine is full of value conflicts. Limited resources and legal regulations may place doctors in difficult ethical dilemmas and cause moral distress. Research on moral distress has so far been mainly studied in nurses. Objective: To describe whether Norwegian doctors experience stress related to ethical dilemmas and lack of resources, and to explore whether the doctors feel that they have good strategies for the resolution of ethical dilemmas. Design: Postal survey of a representative sample of 1497 Norwegian doctors in (...) 2004, presenting statements about different ethical dilemmas, values and goals at their workplace. Results: The response rate was 67%. 57% admitted that it is difficult to criticise a colleague for professional misconduct and 51% for ethical misconduct. 51% described sometimes having to act against own conscience as distressing. 66% of the doctors experienced distress related to long waiting lists for treatment and to impaired patient care due to time constraints. 55% reported that time spent on administration and documentation is distressing. Female doctors experienced more stress that their male colleagues. 44% reported that their workplace lacked strategies for dealing with ethical dilemmas. Conclusion: Lack of resources creates moral dilemmas for physicians. Moral distress varies with specialty and gender. Lack of strategies to solve ethical dilemmas and low tolerance for conflict and critique from colleagues may obstruct important and necessary ethical dialogues and lead to suboptimal solutions of difficult ethical problems. (shrink)

Throughout the United States, beyond school walls, there struggles and soars a sprawling field of community art centers dedicated to education.1 Most frequently clustered on either coast in bustling urban communities, these centers provide arts training that enriches or exceeds what is offered in schools. They serve artists who need space for work or performance, students who crave instruction and direction, and the broader community that enjoys attendant cultural enrichment. At the core, they create safe havens for arts learning that (...) has been marginalized elsewhere.Unfettered by the demands and constraints of school administrations, these self-designed centers have been of considerable interest to arts education .. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Learning from Examples of Civic Responsibility:What Community-Based Art Centers Teach Us about Arts EducationJessica Hoffmann Davis (bio)Introduction/QuestionThroughout the United States, beyond school walls, there struggles and soars a sprawling field of community art centers dedicated to education.1 Most frequently clustered on either coast in bustling urban communities, these centers provide arts training that enriches or exceeds what is offered in schools. They serve artists who need space for work (...) or performance, students who crave instruction and direction, and the broader community that enjoys attendant cultural enrichment. At the core, they create safe havens for arts learning that has been marginalized elsewhere.Unfettered by the demands and constraints of school administrations, these self-designed centers have been of considerable interest to arts education researchers over the last twenty years.2 Largely conceived and staffed by artists, they demonstrate artful alternatives to mainstream education: creative visions of teaching, learning, and assessment. Moreover, the positive impact these centers have had on students considered at risk across a number of variables has caught the attention of researchers looking for better ways to serve our youth.3The location of these centers beyond school walls, like their operation beyond the hours of the school day, would naturally seem to cast them as positive opportunities for extending arts learning that goes on in school. But with school art curricula scarce or in danger of elimination, supplementary options can seem threatening to school arts specialists. Administrators have regarded the opportunities that outside artists and centers provide as sufficient substitutes for a school-based course of sequential instruction in the arts. While vital funding sources encourage and sustain collaboration, a tension persists between the autonomy of outsider arts centers and the integrity [End Page 82] of insider school arts programs. For students disenfranchised from schools, the "otherness" of centers has a certain cachet. For centers unable to afford their own space, school classrooms in after-school hours offer a home base for their offerings and easy access for students. The back and forth across school walls raises opportunities and concerns that have resulted in a range of creative solutions.4 But my interest here is not in the cross-wall meeting of services, but rather in the differences in arts learning on either side of school walls. In the pages that follow, I pose the question, What can schools learn from the arts education provided in the community?In addressing this question, I first mark the differences between arts learning in schools and in the community as a need for justification versus an opportunity for demonstration. I then describe the research from which my thinking and discussion draw and offer a brief overview of the history of community art centers as inspired by and illustrative of civic responsibility. With an eye to what educators and advocates can learn from these community-based efforts, I focus next on three common objections to prioritizing the arts in our schools: value, measurement, and autonomy. Each objection is introduced from a school-based perspective and then reconsidered in light of community-based attitudes and activities.5 In conclusion, I delineate the insights derived from a consideration of community arts education as stimulus for the redirection of educational objectives and advocacy rationales for arts learning in schools.Justification vs. DemonstrationIn its struggle for recognition and place in school settings, arts education has sought justification in terms of its potential to serve the broader educational scene. We ask of classes that provide mounting skills in visual arts, music, or theater, "Yes, but what else does arts learning do? Can it improve student skills in reading, mathematics, or any other subjects that are more traditionally valued?" Such demands may seem unfair. When has math ever been defended for its ability to improve arts performance? Beyond a sense of injustice, claims for arts learning's causal impact on measurable extraneous outcomes (such as improvements in test scores in nonarts academic subjects) are at best most difficult to prove.6In community centers where art is the chosen heart of the matter, students come specifically to study the arts and to benefit from their enhancement of more generalized experience... (shrink)

We examine the relationship between social insurance contributions and earnings management for publicly listed firms in China. Our empirical results show that the social insurance contributions burden significantly reduces the degree of earnings management by reducing the level of free cash flow. Additionally, the negative relation between social insurance contributions burden and earnings management is more pronounced when the internal and external social insurance pressures are high and when the firms are large non-state-owned enterprises. We also discuss the heterogeneity among (...) firms for different financing constraints, external financing environment, regional marketization, and internal and external corporate governance. Finally, we further find that under the dual collecting system, although the social security administration is a better collecting agency, the local tax bureau acting with full responsibility is more effective than the collecting system. (shrink)

Reviewing the record of American intervention in Indochina in the Pentagon Papers, one cannot fail to be struck by the continuity of basic assumptions from one administration to the next. Never has there been the slightest deviation from the principle that a noncommunist regime must be imposed and defended, regardless of popular sentiment. The scope of the principle was narrowed when it was conceded, by about 1960, that North Vietnam was irretrievably "lost." Otherwise, the principle has been maintained without equivocation. (...) Given this principle, as well as the strength of the Vietnamese resistance, the military power available to the United States, and the lack of effective constraints, one can deduce with precision the strategy of annihilation that was gradually undertaken. (shrink)

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...) have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

When national borders in the modern sense first began to be established in early modern Europe, non-contiguous and perforated nations were a commonplace. According to the conception of the shapes of nations that is currently preferred, however, nations must conform to the topological model of circularity; their borders must guarantee contiguity and simple connectedness, and such borders must as far as possible conform to existing topographical features on the ground. The striving to conform to this model can be seen at (...) work today in Quebec and in Ireland, it underpins much of the rhetoric of the P.L.O., and was certainly to some degree involved as a motivating factor in much of the ethnic cleansing which took place in Bosnia in recent times. The question to be addressed in what follows is: to what extent could inter-group disputes be more peacefully resolved, and ethnic cleansing avoided, if political leaders, diplomats and others involved in the resolution of such disputes could be brought to accept weaker geometrical constraints on the shapes of nations? A number of associated questions then present themselves: What sorts of administrative and logistical problems have been encountered by existing non contiguous nations and by perforated nations, and by other nations deviating in different ways from the received geometrical ideal? To what degree is the desire for continuity and simple connectedness a rational desire, and to what degree does it rest on species of political rhetoric which might be countered by, for example, philosophical argument? These and a series of related questions will form the subject- matter of the present essay. (shrink)

Although databases have been well-defined and thoroughly discussed in the computer science literature, the actual users of databases often have varying definitions and expectations of this essential computational infrastructure. Systems administrators and computer science textbooks may expect databases to be instantiated in a small number of technologies, but there are numerous examples of databases in non-conventional or unexpected technologies, such as spreadsheets or other assemblages of files linked through code. Consequently, we ask: How do the materialities of non-conventional databases differ (...) from or align with the materialities of conventional relational systems? What properties of the database do the creators of these artifacts invoke in their rhetoric describing these systems—or in the data models underlying these digital objects? To answer these questions, we conducted a close analysis of four non-conventional scientific databases. By examining the materialities of information representation in each case, we show how scholarly communication regimes shape database materialities—and how information organization paradigms shape scholarly communication. These cases show abandonment of certain constraints of relational database construction alongside maintenance of some key relational data organization strategies. We discuss the implications that these relational data paradigms have for data use, preservation, and sharing, and discuss the need to support a plurality of data practices and paradigms. (shrink)

Eighteenth-century naval ships were impressive infrastructures, but subjected to extraordinary strain. To assist with their “voyage repairs,” the Royal Navy gradually established numerous overseas bases, displaying the power, reach, and ruthless logistical efficiency of the British state. This article, however, is concerned with what happened where no such bases (yet) existed, in parts of the world falling in between areas of direct British administration, control, or influence. The specific restrictions imposed by technology and infrastructures have been studied by historians interested (...) in naval strategy, but they can also help to reframe national narratives of power or observe the transnational interactions surrounding access to knowledge and resources. This paper discusses the material, cultural, and diplomatic constraints that could appear when vessels, and especially “discovery ships,” sailed in strange waters or sought technical assistance in allied ports. I argue that the “mortification” of some commanders at their vessels’ unfitness for service was an important – and often neglected – element on the palette of emotions undergone by voyagers, capturing their strong sense of ultimate material powerlessness. Such frustration even became embedded in imperial cartography, as shown by the case study of Matthew Flinders. This perspective highlights the limits of naval technology, complicating imperialistic “success stories” and better reintegrating the navy into the history of maritime travel and transportation, from which it is often singled out. (shrink)

Questioning in an organizational context is a challenging event in multiple senses. Questioning may be used to criticize the leaders of an organization. For the criticisms to be heard as legitimate, however, the questioner must operate within contextual constraints. The main purpose of this article is to examine how questioning functions to construct a university's crisis. Discourse within two faculty senate meetings is analyzed. Three faculty questioning strategies are described: appealing to another organizational entity, requesting either/or information; and metacommunicative (...) commentary. Administration and senate leadership responded to questions using the strategies of appealing to a process and metacommunicative commentary. Faculty questioning functioned to challenge a current course of action while operating from within the organizational guidelines of discourse. Alternatively, leadership responses deferred any substantive change in the course of action. The strategies are related to issues of power, social action, and models of educational governance. (shrink)

This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game by Xiong :16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil and common law systems assign, and detail what the civil, administrative, and criminal codes of (...) mainland China require of the suitor, the respondent, and the trier to establish their respective S-, R- and T-facts. We also offer an improved version of the legal syllogism. (shrink)

Randomized controlled trials test new drugs using various debiasing devices to prevent participants from manipulating the trials. But participants often dislike controls, arguing that they impose a paternalist constraint on their legitimate preferences. The 21st Century Cures Act, passed by US Congress in 2016, encourages the Food and Drug Administration to use alternative testing methods, incorporating participants’ preferences, for regulatory purposes. We discuss, from a historical perspective, the trade-off between trial impartiality and participants’ freedom. We argue that the only way (...) out is considering which methods improve upon the performance of conventional trials in keeping dangerous or inefficacious compounds out of pharmaceutical markets. (shrink)

Objectives To describe the distress experienced by Spanish podiatrists related to ethical dilemmas, organisational matters, and lack of resources. Design A 2008 email survey of a representative sample of 485 Spanish podiatrists presenting statements about different ethical dilemmas, values and goals at the workplace. Results The response rate was 44.8%. Of all the respondents, 57% described sometimes having to act against their own conscience as distressing. Time constraints is the main cause of moral distress (67%) and 58% of respondents (...) said that they found it distressing that patients have long waits for treatment. Distress related to inadequate treatment due to economical constraints or ineffectiveness was described by 60% of the podiatrists. Another 51% reported that time spent on administration and documentation is distressing. Female doctors experienced more distress than their male colleagues. Last, 36% of respondents reported that their workplace lacked strategies for dealing with ethical dilemmas. Conclusion These study results identify moral distress among Spanish podiatrists mainly related to time constraints, patient demands and lack of resources. Moral distress varies with sex and age. Organisational strategies such as moral deliberation and responsive evaluation offer the potential to address moral distress. (shrink)