bluuebunny/crossref_metadata_2025 huggingface dataset:
Efeitos das distâncias e recursos da empresa no desempenho exportador de empresas
Authors: Silva Givanildo , Amal Mohamed , Tontini Gérson , Borges Gustavo da Rosa
Published: December 2015

O objetivo deste artigo é avaliar o efeito da distância sobre o desempenho exportador das empresas de Santa Catarina e em que medida tal efeito é moderado pelas características das equipes de exportação e pelos recursos organizacionais. A literatura indica que quanto maior a distância, menor é o desempenho exportador. Foi utilizada regressão linear múltipla e análise de variância a partir de levantamento de atributos e satisfação de exportação em uma amostra final de 49 empresas produtoras exportadoras. Os resultados confirmaram que quanto maior a distância institucional, menor é o desempenho exportador. Foi confirmado o efeito moderador dos recursos da organização, pois a experiência internacional, o conhecimento de mercado, as formas de negociação e os comportamentos da equipe possuem relação positiva com maior desempenho exportador, bem como, o planejamento estratégico influencia o valor total de exportações, o crescimento no volume, e os resultados gerais.
DESAFIOS TEÓRICO-METODOLÓGICOS DA AVALIAÇÃO NOS PROCESSOS EDUCATIVOS/THEORETICAL AND METHODOLOGICAL CHALLENGES OF EVALUATION IN EDUCATIONAL PROCESSES
Authors: Fávero Altair Alberto
Published: December 2015

O objetivo com este texto é realizar uma crítica às práticas avaliativas que ocorrem na Educação Superior que têm se pautado em procedimentos tradicionais de avaliação. O propósito dessa crítica é indicar alguns desafios teórico-metodológicos que poderão se mostrar produtivos para (re)pensar a avaliação dos processos educativos. Inicialmente, tratou-se do conceito de desenvolvimento profissional do docente universitário como um processo necessário para repensar as práticas avaliativas; em seguida, abordou-se a autoavaliação como possibilidade de uma avaliação autêntica; por fim, foram destacados alguns desafios teórico-metodológicos da avaliação dos processos educativos que podem se mostrar produtivos para analisar o atual cenário da expansão da Educação Superior.

Palavras-chave: Avaliação. Processos educativos. Políticas educacionais.
CIENTÍFICOS Y POLÍTICOS II: LA CRISIS DE LA MEDIA VIDA ACADÉMICA/SCIENTIFIC AND POLITICAL II: THE ACADEMIC MID LIFE CRISES
Authors: Morelez Vázquez Jaime
Published: December 2015

En el presente documento se discuten algunas conjeturas para la explicación y comprensión de la relación entra investigación y política, particularmente en la participación de investigadores en cargos directivos dentro y fuera del ámbito académico. En un trabajo previo, ese tipo de alternancia o expansión de roles se había explicado otorgando peso a las cuestiones de reputación y experticia científica, la oportunidad con que se establecen los nexos entre investigadores y funcionarios, e incluso a la sincronía entre la emergencia y pertinencia de temas para la agenda pública con el trabajo de algún académico. Ese tipo de fenómeno no sólo se explicaría por las razones mencionadas, pues los académicos buscan otros horizontes fuera del ámbito científico por encontrarse en una etapa de transición o crisis, según se le interprete, que ocurre alrededor de la media vida académica. Esta etapa de la trayectoria laboral es similar a la crisis de la media vida que, de acuerdo con el mito occidental, le ocurre principalmente a los hombres.

Palabras clave: Investigadores. Crisis de la media vida. Prácticas científicas. Uso político.
USO DE MICROORGANISMOS EN EL CULTIVO DE CRUSTÁCEOS
Authors: Martínez-Córdova Luis Rafael , Martínez-Porchas Marcel , López-Elías José Antonio , Enríquez-Ocaña Luis Fernando
Published: December 2015

El presente documento es una revisión actualizada sobre el uso de microorganismos en acuicultura que incluye experiencias internacionales, nacionales, regionales e institucionales sobre el tema. Los microorganismos han sido ampliamente utilizados desde hace siglos en diversos procesos para la preparación y procesamiento de diversos alimentos (pan, queso, vino, cerveza, etcétera). Sus usos en acuicultura son relativamente recientes y han sido mayormente utilizados como prebióticos o probióticos para mejorar la calidad del ambiente de cultivo, así como la condición fisiológica, nutricional y sanitaria de los organismos cultivados. Recientemente se les ha encontrado aplicación práctica e importante como biomasa directa para alimentar a camarones y peces bajo condiciones de cultivo. En la revisión fueron destacados aspectos, como la composición nutricional de diversos microorganismos autotróficos y heterotróficos, las estrategias para su manejo y las experiencias de su uso en la acuicultura de diversas especies.
Informality, Inclusiveness and Economic Growth in Nigeria
Authors: Yelwa Mohammed , Awe S.A.J. Obansa , Omonoyi Emmanuel
Published: December 2015

The concept of inclusive growth requires analysis of how employment opportunities arise and change with growth process. Economic growth can be accompanied by an increase in informal employment. Informality may support growth by reducing labor cost and improving competitiveness. However, a well-functioning and regulated informal economy will be a critical prerequisite to achieve sustainable growth. In addition, a widespread informality with regard to employment, enterprise, and productive activities is frequently perceived as a barrier to full participation in the economy and as a hindrance to long-run economic development and poverty alleviation. This is because the link between, informality, growth and inclusiveness is not fully understood. Inclusive growth has been defined as growth that takes place in a context in which economic opportunities-including employment opportunities expand, the poor’s access to these opportunities improves, and inequalities are reduced. This paper seeks to investigate the impact of informal sector activities, inclusiveness and economic growth in Nigeria. A survey method will be use to collect data from 150 informal sector operators in Gwagwalada area council-FCT. Data will be collected using structured questionnaire and analyzed with multivariate Panel Logit model statistic in order to identify the perception of socio-economic impact of Informal sectors on economic growth in Nigeria. The findings revealed that informal sector operators has a positive and significant impact on growth in Nigeria; while poverty-mentality, illiteracy, high inflation, low infrastructure, access to credit, social safety nets and information dissemination are the major problems encountered by these institutions. The paper recommends among other things the education of the rural poor to embark on viable projects, infrastructural development and favorable government policies so as to regulate the sector becomes relevant
Consumer’s Brand Choice Behavior for Luxury Cars in China
Authors: Koch Camilo , Mkhitaryan Davit
Published: December 2015

This paper introduces the aphorism “think globally, act locally” and examines consumer tendencies in the Chinese automobile marketplace based on the analysis of relevant local brands. Findings demonstrate significant consumer preferences for products related to the luxury category signifying the need for refining local marketing operations where performance of multinational corporations must match global standards as expected by local consumers. Car consumption has grown during the last years in China turning brand marketing into a critical variable that can forge an active place in consumer’s minds, or negative impact if a campaign is not well-implemented. The relevance of this subject result from the realities that brand marketing is one of the most important aspects of determining whether a brand succeeds or fails. Regardless of the benefits of the brand, poorly marketed brand can end in failure. Multinational corporations need to identify several factors to understand the benefits of branding such as the image and characteristics of the firm, the purpose of the brand, the consumers profile, the brand’s position within the marketplace, and the brand’s general impression. Once, multinational corporations entirely assume these aspects they can utilize brand marketing to market the benefits of the brand in any space in the marketplace. The investigation provides several recommendations to multinational corporations intending to enter Chinese market by utilizing brand marketing as a strategic tool to focus on consumer needs and preferences in the Chinese luxury automobile market.
The Interrelationship of FDI and GDP in European Transition Countries
Authors: Čičak Krešimir , Sorić Petar
Published: December 2015

Theory states that the foreign direct investments (FDI) have multiple positive effects on a country’s economy. Evidence can be sought from Central and Eastern European countries where FDI is seen as one of the main contributors to GDP growth. This paper examines the relationship between FDI and GDP growth rate in Croatia and other chosen European transition countries using bivariate VAR models. Based on the research conducted, it was found that FDI Granger causes GDP growth in most countries. This is especially true in Poland, Czech Republic and Hungary which have attracted a significant amount of FDI starting from 1990. The estimated VAR models for Latvia and Slovenia provide evidence that GDP causes FDI, corroborating the theory that investor are prone to stable macroeconomic conditions. This paper tries to make a comparative analysis of FDI-GDP link in New EU member states. Further research should certainly include other aspects such as the quality of the legislative system, labor productivity and labor costs, access to capital markets, etc.
Latin America Development under Chinese Investment Hegemony
Authors: Munoz Pahuamba Argelia , Jianmu Ye , Oury Bah Abdoulaye
Published: December 2015

The magnificent rise of China as a superpower in the contemporaneous international system and its increased integration with the global economy is having both direct and indirect effects on Latin American region. The aim of this paper is to identify the main features of Chinese investment in the region and give a descriptive analysis of the impacts it is having on the development of the region. The increase of China investment represents both opportunities and challenges for Latin American economies and suggests where these investments should be more concentrated, taking into consideration both continents and sectors. Lastly, the paper discusses the challenges policy makers in Latin America and China are facing.
Human Capital Management: Taking Human Resources Management to the Next Level in Anglophone, West Africa
Authors: Canice Kudonoo Enyonam , Tsedzah Victoria
Published: December 2015

In this article, we propose ways for organizations in Anglophone West African (AWA) countries to tackle their human capital challenges in order to attain a competitive edge and globally position themselves. Human capital is critical to an organization’s survival. While organizations in advanced countries are focusing their attention on building their human capital for the sustenance of competitive advantage, those in AWA countries lag behind, leading to poor service delivery and low productivity. Resource-based view and open systems theories highlight the importance of human capital management for organizational effectiveness. The paper adopts a conceptual approach and proposes a human capital centered model comprising six core factors that are vital in facilitating effective human capital management for sustainable competitive advantage. It concludes by emphasizing effective research collaboration between academia and industry in AWA countries and suggests testing of the model in organizations in AWA countries for applicability.
Market Orientation Impact on Radical and Incremental Marketing Innovation: A Study of Saudi Arabia Hospital Marketing Efforts
Authors: Abdullah saeed A Alshahry , Aimin Wang
Published: December 2015

We conducted an empirical study to measure influence of market orientation on marketing innovation in hospitals in Saudi Arabia. The sample includes 109 hospital workers that have been identified as having an adequate knowledge of the subject of research. In particular we explain the impact of customer orientation, inter-functional orientation and competitor orientation on marketing innovation. Furthermore the moderating effects of centralization and formalization on those relationships are explained. The findings of our study suggest that there is an important role of market orientation for the successful implementation of innovation and business performance of hospitals in Saudi Arabia. The results indicated that there is a positive influence of customer orientation on radical innovation and incremental innovation, a strong positive impact of competitor orientation on incremental innovation and no significant impact regarding inter-functional coordination on both incremental and radical innovation. The moderating effect of centralization on market innovation and innovation proved to be insignificant and the formalization effect had a positive influence on the customer, competitor and inter-functional orientation and radical innovation relationship. Additionally our study is valuable (for the practice, and theory) as it assisted in developing and further elaborating the science of market orientation, particularly customer and competitor orientation and inter-functional coordination, and the influence on incremental and radical service which are relevant for the financial results of hospitals in Saudi Arabia. The contribution of this research was also to develop a conceptual and theoretical understanding on incremental and radical innovation in the effort to improve performance, especially for the Saudi Arabian hospitals. The practical implication of this study is the insight and the knowledge Saudi Arabian hospital managerial staff, in implementing the concept of market orientation in relation to innovation and overall hospital performance.
Determinants of Children’s Role in Family Buying Decision-Making: The Case of South-South, Nigeria
Authors: Uzezi Philomena Omodafe
Published: December 2015

This study examines the role of children in family buying decision-making and investigates factors that seem to have effect on children’s level of involvement in family buying decisions. The study was conducted using two samples (children and parent respondents). The respondents’ choice and justification thereof was shown in a detailed manner. Data for the study were collected with the instrument of questionnaire, personal interview and secondary sources. The data collected has been empirically analysed through ANOVA, correlation and regression as well as cross tabulation procedure with SPSS. The findings of the study revealed that family-buying decisions in contemporary times is more of an outcome of a joint effort in which children play significant and multiple roles in relation to a wide variety of products needed by their families, not just to the items that directly relate to their needs. It was also found that there exists a nexus between perceived level of children involvement in buying decision making and some selected demographic, socio-cultural and economic factors. The study recommended that parents should adopt a democratic approach in arriving at family purchase decisions in order to avoid family conflict. It is also imperative that marketers understand the changing dynamics of family buying decision-making process and the elevated power of children’s roles and influences in order to design better marketing strategies that can effectively serve and satisfy the needs of emerging market segment for improved marketing performance.
Women in Marketing: Their Characteristics, Motivations, Challenges and Policy Implications
Authors: Nkanikpo Ibok Ibok , Samuel George Etuk
Published: December 2015

Women constitute an important workforce in every society all over the world and contributions of women in every profession should be revisited with empirical facts. This study examines women in marketing; their characteristics, motivations and challenges using a survey method. With a sample of 60 respondents drawn across ten banks in Akwa Ibom State, the study reveals that characteristics, motivations and challenges of women has specific implications for national economic growth and marketing profession. Realizing overall empowerment of women in marketing and in the state, we recommend some policy guidelines as a way forward for utilization of women potentials.
The Inﬂuence of Learning Organization and Compensation on Work Motivation of Permanent Lecturers of S1 Management Study Program in Private Universities Accredited in DKI Jakarta
Authors: Rahardjo Mukti
Published: December 2015

The aim of this research is to analyze the effect of learning organization and compensation on work motivation and its implications on the performance of permanent lecturers of S-1 Management Study Program in private universities accredited in DKI Jakarta. The research uses the causality method; both descriptive and quantitative hypothesis testing. The population of this research is 185 lecturers of S-1 Management Study Program in private universities accredited in DKI Jakarta. Proportional random sampling and Structural Equation Modeling (SEM) with Lisrel program 8.70 was used. The results showed significantly positive relationship between work motivation and individually and collectively taken variables; learning organization and compensation. With respect to the performance of lecturers, good learning organization, compensation, work motivation have shown significant positive effect. Certainly, several managerial implications can be inferred from these findings.
Tourism in Bangladesh: Present Status and Future Prospects
Authors: Chandra Roy Sanjay , Roy Mallika
Published: December 2015

Bangladesh is full of natural beauty. Rivers, coasts and beaches, archaeological sites, religious places, hills, forests, waterfalls, tea gardens surround it. The Sundarban, Historic Mosque in city of Bagerhat, Ruins of the Buddihist Vihara at Paharpur are the three world heritage sites in Bangladesh among 1007. To observe the beauty of nature, huge amount of domestic and foreign tourists visit the country and its tourist attraction sites. In 2012, around six-lakh (6 hundred thousand) tourists came Bangladesh to visit and enjoy its beauty. The total contribution of tourism to GDP was 4.4%, 3.8% to employment and 1.5% to investment in 2013. Bangladesh Parjatan Corporation (BPC) looks after the tourism sector in Bangladesh under the ministry of Civil Aviation and Tourism. Due to some limitations, Bangladesh has failed to introduce itself as a tourist destination country. The paper tries to focus on the attractive tourist spots of Bangladesh and the contribution of tourism in the Bangladesh economy. The major concern of the writer is to highlight the factors by which Bangladesh can be one of the major tourist attractive country in the world in near future.
CLASSIFICATION OF CRANIAL TRAUMA. CHAPTER III. TERMS OF TRAUMATIC BRAIN INJURY DIAGNOSIS AND PRINCIPLES OF ITS CONSTRUCTION
Authors: Lichterman L. B.
Published: December 2015

This article deals with detailed classification of cranial trauma from practical experience of Burdenko Neurosurgery Institute. Focal and diffuse brain injuries were detailed. Description of levels of consciousness of patients with cranial trauma: clear consciousness, mediocre and severe deafening, coma — mediocre, deep and terminal. Criteria of definition of general patient conditions by general, brainstem and local symptoms were described. Correspondence of clinical diagnosis with ICD–10 (International Statistical Classification of Diseases and Related Health Problems) was showed.
MORPHOLOGY AND MECHANICS OF THE RIBS’ DESTRUCTION. THE SECOND EDITION. Review of the monograph V.A. Klevno
Authors: Khokhlov V. V.
Published: December 2015

«Morphology and mechanics of the ribs’ destruction: forensic diagnostics of mechanisms, sequences, in vivo and old fractures» 2nd ed., rev. and add. / V.A. Klevno Moscow: 2015. 439 S.: IL.ISBN 978-5-90905503-0-8
The principles of Ubuntu: Using the legal clinical model to train agents of social change
Authors: Levy-pounds Nekima , Tyner Artika
Published: December 2015

For the past few decades, the legal clinical model has been used as a tool to teach law students the art of practising law. Typically, this model focuses on providing law students with an opportunity to work with clients and to handle legal cases in a safe environment, and often in slow motion. Although the legal clinical model has a number of advantages in assisting students to safely transition from law students to lawyers, it falls short in stressing the importance of using the law as a tool to achieve social justice within our society. The purpose of this paper is to propose that the legal clinical model be revamped to train law students to become not just lawyers, but agents of social change. Although we hope this article will be of relevance to a broad international audience, the critique focuses mainly on legal education in the United States.
“Irish Clinical Legal Education Ab Initio: Challenges and Opportunities”
Authors: Donnelly Lawrence
Published: December 2015

This article details the incipient efforts of one Irish university law school, the National University of Ireland, Galway (NUI Galway), in the field of clinical legal education. While clinical legal education, which began in the United States some fifty years ago, has made significant advances throughout the rest of the common law world, it remains at a very early stage in Ireland.1 In fact, Irish efforts in the field to date more closely resemble what is known in the United States as the “externship model” of legal education, rather than what are commonly identified as law clinics in other jurisdictions.2 And for a variety of reasons that will be touched upon later in this article, the law school clinic is unlikely to develop here to the same extent it has elsewhere. As such, this article explores what Irish clinical legal education currently looks like and what it might look like in the future.

It begins with some background on and consideration of legal education in Ireland, then, using NUI Galway as a case study, details the emergence of skills teaching in the curriculum and the consequential increase in participation in moot court competitions and in student scholarly output. The article next examines the establishment, organisation and maintenance of a placement programme for final year law students. In so doing, it reflects on what has worked and what has not at NUI Galway from the perspectives of the clinical director, placement supervisors and students. The article concludes with some realistic, yet sanguine, observations as to what future clinical legal education has in Ireland.
“10 lessons for new clinicians”
Authors: Macfarlane Angela , McKeown Paul
Published: December 2015

As a new clinician, if you have trained as a lawyer via a traditional legal education route you inevitably have very little experience of clinical education to bring to the role, although you of course have your professional and practical experience to draw on. Although many readers are experienced clinicians, this is a timely opportunity to go back to the beginning and re-assess the potential problems or risk areas that clinicians face at the beginning of a new academic year, with a new intake of students. Society changes continually so each year will bring new issues as well as those well known to all clinicians.

In clinic at Northumbria University final year students are placed in to groups of up to six students known as firms and each firm is allocated an area of law such as employment or housing. Each firm is supervised by a qualified solicitor who allocates cases to the students. Students can work individually or in pairs, depending on the complexity of the case. At the end of the academic year, students are assessed on their practical performance using grade descriptors. They also submit reflective pieces about their experiences in clinic.

These “lessons” have emerged from our own first year of transition from practising lawyer to clinical educator. We hope some of them ring true with other new clinicians.
“Clinic and the wider law curriculum”
Authors: Hall Jonny , Kerrigan Kevin
Published: December 2015

The problem this paper addresses is that although there is general consensus as to the value of clinic and recognition that it has enhanced creativity and vitality in legal education, there is still a tendency to see it as something apart from the regular law curriculum. We want to explore the viability of making the key benefits of clinical education pervade the whole of the student’s time learning the law. We draw some encouragement from official reports from the US and the UK which, although not concerned primarily with the place of clinical legal education, do provide general support for an approach which combines theory and practice.
Teaching professionalism in legal clinic – what new practitioners say is important
Authors: Foley Tony , Rowe Margie , Holmes Vivien , Tang Stephen
Published: December 2015

Anecdotal evidence suggests new lawyers may struggle as they begin legal practice. Little is known empirically about their actual experiences. This paper provides some insights into what occurs in this transition. It reports on a qualitative study currently underway tracking new lawyers through their first year of practice. Preliminary analysis of data from interviews and from workplace observations suggests clinical legal education can play a significant role in smoothing the transition and helping new lawyers develop their sense of professionalism. into their vocational training year. We track new lawyers in the context of their post-admission practice with a small cohort of recently admitted lawyers interviewed and observed in their day to day practice.

We describe what these new lawyers say is important to an effective transition – developing autonomy, learning to deal with uncertainty and finding an accommodation between their developing professional values and those modelled by their firm and colleagues. Clinical programs offer opportunities for an early reflective exposure to these experiences.
Holding Up the Mirror: A theoretical and practical analysis of the role of reflection in Clinical Legal Education
Authors: Spencer Rachel
Published: December 2015

This article provides a summary of the broader literature on reflection that has been published over the last twenty years in a variety of disciplines. It then examines the literature from two major clinical legal education journals in relation to reflective writing as a component of clinical legal education courses. It attempts to provide answers to the questions: What do we mean when we say we ‘teach’ students to be ‘reflective’? How do we do that? How do we ‘teach’ students to write reflectively? The article looks at the problems we face in teaching ‘reflection’ in the clinical context and examines issues stemming from the reality of reflection being an important part of a clinical program. It also argues that being ‘reflective’ is not necessarily intuitive for students and that clinical teachers must teach students how to ‘be reflective’. The article demonstrates an example of reflection in action by the provision of examples from the writer’s own teaching experiences. Finally, the article collates and reproduces suggestions from the literature on best teaching practice on the use of reflection as a teaching and learning tool within clinical legal education courses.
Time to rework the brand ‘Clinical Legal Education’
Authors: Noone Mary Anne
Published: December 2015

At the Tenth International Journal of Clinical Legal Education, the involvement of more than 200 participants from 22 different countries and jurisdictions highlighted the varying circumstances and challenges facing clinicians around the globe. The conference discussions were vibrant and often inspiring. The conference themes were: Clinic for All? Should clinic integrate into traditional legal teaching? Should all students have the opportunity to do clinic? Should clinics engage more with the profession? It was not the first time these themes have been addressed at clinical legal education conferences. They are perennial issues for the clinical legal education movement and their merits have been forcefully argued over several decades. For many of those attending the conference, the definitive answer to all four questions is “Yes”.

Clinical legal educators can readily recite a litany of reasons why clinical legal education is a preeminent form of legal education. The benefits for students, the communities they serve and the legal profession are clearly apparent to clinicians. These positive attributes have been recognised in a range of different documents reviewing legal education. However the real challenge is how to make clinic for all students a reality. How can we make this happen?

In reflecting on this question I wondered why if the merits of clinical legal education are so obvious, why is it that we do not have clinic for all? Why isn’t clinical legal education an integral part of legal education? Why don’t all students get the opportunity to undertake clinical legal education and why isn’t the legal profession advocating for clinical legal education to be a mandatory aspect of law degrees?

Obviously the answers to these questions are going to be jurisdiction and university specific. In this paper I address one possible response, the branding of clinical legal education. Although my comments are informed by what is happening in Australian university sector and my recent work with five Australian clinicians in our best practices project, I hope my remarks have some common resonance to differing clinical legal education environments.
Collaborating with other Disciplines: Best Practice For Legal Clinics - A Case Study of the Women’s Law Clinic, University of Ibadan Nigeria
Authors: Olomola Omolade , Bamgbose Oluyemisi
Published: December 2015

There is a gradual shift in research towards a multi-disciplinary approach. This paradigm move is in compliance with globalization. According to Carla Mariano, the human service professions are facing problems so complex that no one discipline can possibly respond to them effectively. It has been noted that many clients in the Women’s Law Clinic (WLC) of the University of Ibadan not only have problems tagged as legal, but problems closely related to other disciplines such as psychology, sociology, medicine, counselling and social works. It was therefore so obvious that the clinic was not an island; it could not exist all alone and effectively find a holistic solution to the all embracing problems presented by the clients. The clinic therefore partnered with other departments/units to achieve its goals.
Gathering the Excluded Voice: The TXT Inside/TXT Outside Project
Authors: Owen Richard
Published: December 2015

The TXT Inside/TXT Outside Project was an interdisciplinary community legal education project. It was a collaboration between a legal academic, computing and social scientists, and a conceptual artist. The project involved young offenders held under secure conditions in a Young Offender Institution using text art to reflect on their experiences of law, life and the legal system. The aim of the project was to engage the young offenders and the general public in a discussion about the treatment of young offenders using narrative techniques. The voices of young people held in custody (Inside) were ‘gathered’ and ‘released’, to be seen, heard and responded to by the public at large (Outside). The focal point of the action was a ‘stage event’ in the centre of Cardiff, where the text messages of a small group of young people in custody were displayed on a large screen, with the public being invited to respond by texting their own messages. A documentary film from the event, which included the projections and interviews with the public, was subsequently shown to and discussed with participating young people in custody.
The Growth of Legal Clinics in Europe – Faith and Hope, or Evidence and Hard Work?
Authors: Tomoszek Maxim
Published: December 2015

Clinical legal education is a quickly growing and developing concept. Even in countries with traditionally conservative approaches to legal education and within very traditional institutions, we can observe significant growth of legal clinics. Throughout the Western Europe, which was considered to be the last holdout in the worldwide acceptance of clinical legal education,many new legal clinics are being founded, changing the traditionally theoretical approach to legal education. Does it mean that the global environment of legal education is changing? What are the sources of this unprecedented spread of legal clinics? And what will be the consequences of this trend for legal education in a broader sense? I will endeavor to answer these questions mostly from the Czech and European perspective with a goal to bring some inspiration in a global context. In the end, I would like to share the surprising insights about clinical legal education I have gained at the conference dedicated to judicial independence and accountability.
Live Client Clinics: Bridging the Gap
Authors: Antoniou Nicola , Hassan-Morlai Patrick
Published: December 2015

There has been a shift in attitudes towards clinical learning as part of the student learning experience at universities. Some modern Universities in the United Kingdom now integrate practical based learning in their law degree programmes. Kingston University London offers credits to its students as part of their law degree for participating in its law clinic. The view the University of East London (UEL) adopts in preparing students for the world beyond the university is that “Students do not deserve to be handed a flat-pack degree without any extras – they deserve a fully rounded education and that is what they will get if they come [to UEL].” UEL’s Law Clinic is a central vehicle to achieving this aim.

This practice-based paper looks at the development of our Law Clinic, which is a live client clinic, how it works in practice and includes a breakdown of statistics in demographics and advice areas. We present a selection of cases as well as extracts from students and clients’ testimonials.  

Drawing on the benefits from our clients and experience of our students, this paper concludes that the experience gained from working in the Law Clinic should be integrated into the academic content of the law school. We suggest that live clinics increase the quality and experience of our students’ learning.
The Italian legal clinics movement: Data and prospects
Authors: Bartoli Clelia
Published: December 2015

It is not more than 5 years since legal clinics were founded in Italian Universities: a very recent history indeed and similar to that of other Western European countries. I will try to explain this through some data collected by an inquiry that I ran in order to have a more detailed map of this phenomena and to conjecture its future evolution.

In the following paragraphs I will present the data inquiry and I will try to explain the process of establishing the Italian movement for legal education, its options and challenges.

It is worth pointing out why I use the term “movement”. What is going on in Italy, and I think elsewhere, is not simply the proliferation of single clinics, but the emergence of a new wave in academia. On the basis of the clinician idea and history, Italian scholars involved in this process are formulating a different way to teach law, and a different view of law too. I think it is not by chance that many of the pioneers of clinical education have a philosophical background or a highly speculative approach.

It would seem strange that such a practical teaching style is promoted by the most theoretical part of the law faculty staff. The reason for this is probably that the clinician approach needs a paradigm shift through a more realistic, critical and socially committed conception of law.
The European Network of Clinical Legal Education: The Spring Workshop 2015
Authors: McKeown Paul Martin , Dunn Rachel
Published: December 2015

As the clinical movement gains momentum across Europe, this article explores the issues experienced by clinicians which both promote and hinder the development of clinical programmes.  The article discusses the issues raised by clinicians during the course of the Workshop, in particular, addressing the resistance clinical programmes can face from the legal profession and the academy.
Duty Bound? Court Possession Schemes and Clinical Education
Authors: Boothby Carol
Published: December 2015

The opportunity to take part in the local County Court hearings of repossession cases arose around 3 years ago, the same time as I joined the University of Northumbria as a solicitor/ tutor working in the Student Law Office. I wanted to keep up my own hands-on skills as a solicitor, and so grasped this opportunity with enthusiasm. It has been an invaluable teaching tool as part of student’s experiences within the student law office, but only recently have I stopped to take stock of the nature and value of this experience, and to consider more carefully the aims and objectives, from the Student Law Office point of view, in taking part in this.

This paper looks at experiences with students at court repossession days, and the messages we are giving students when we expose them to this type of work – are we moving closer towards clinical legal education with a social justice agenda? And what do we get out of these court days as a student learning experience. 
Foreword
Authors: Horne John
Published: December 2015

Only one issue of the JMHL was published in 2008. This is extremely regrettable because, since the launch of the Journal in February 1999, the aim has been to publish two issues per year. This is the second occasion over the ten years of the Journal’s life on which we have failed in our objective. A letter of apology and explanation has been sent to our subscribers.
Foreword
Authors: Horne John
Published: December 2015

Yet again, and not without some considerable embarrassment, I find myself apologising for the lateness of an issue. The ‘autumn’ issue has become a ‘winter’ issue (indeed a late winter issue). Many apologies are due to all subscribers and contributors. I am relieved to say however that no such apology will need to accompany the next issue. The 20th issue is to be the promised ‘special’ issue devoted to consideration of one matter, namely the viability and appropriateness of ‘A model law fusing incapacity and mental health legislation’ (the title of the issue). Its lengthy gestation period is nearly complete, and publication is expected within weeks of publication (in March 2010) of this Winter 2009 issue.
A Pilot Study of the Early Experience of Consultant Psychiatrists in the Implementation of the Mental Capacity Act 2005: Local Policy and Training, Assessment of Capacity and Determination of Best Interests
Authors: Shah Ajit , Heginbotham Chris , Fulford Bill , Banner Natalie , Newbigging Karen , Kinton Mat
Published: December 2015

The Mental Capacity Act 2005 (MCA) was partially implemented in April 2007 and fully implemented in October 2007 in England and Wales (with the exception of the Deprivation of Liberty Safeguards which were implemented in April 2009). The government estimated that up to 2 million adults in England and Wales may have issues concerning their decision-making capacity (henceforth ‘capacity’), and these will included 840,000 people with dementia, 145,000 people with severe learning disability, 1.2 million people with mild to moderate learning disability and 120,000 people with severe brain injury. Additionally, the prevalence of schizophrenia, mania and serious depression are 1%, 1% and 5% respectively, and some of these individuals may also lack capacity. Moreover, up to 6 million family and unpaid carers are estimated to provide care or treatment for individuals lacking capacity. Furthermore, many other people who do not lack capacity may use aspects of the MCA for future planning.
Hospital Orders: Detention in a Place of Safety Pending Transfer
Authors: Hewitt David
Published: December 2015

R (DB) v Nottinghamshire Healthcare NHS Trust

[2008] EWCA Civ 1354

Laws, Longmore and Stanley Burnton LJJ
Not Now So Unexacting? The Section 139 Threshold Re-Defined
Authors: Hewitt David
Published: December 2015

Johnston v The Chief Constable of Merseyside Police
[2009] EWHC 2969 (QB)
Some Recent Publications
Authors: Horne John
Published: December 2015

Although sited within the ‘Book Reviews’ section of the Journal, this article does not contain detailed reviews of the books to which it refers. It is simply a means of informing readers of some recent publications which may be of interest. In-depth reviews of any one of the books referred to may be included in future issues.
Foreword
Authors: Horne John
Published: December 2015

Publication of the 20th issue of the Journal calls for a Special Issue, and as can be deduced from both the cover and the contents page, that is exactly what is offered on this occasion.
A model law fusing incapacity and mental health legislation
Authors: Szmukler George , Daw Rowena , Dawson John
Published: December 2015

An outline for a model law is presented here that would govern the non-consensual treatment of people who lack the capacity (or competence) to consent due to mental impairment, whether this is due to ‘mental disorder’ or ‘psychiatric disorder’ as conventionally conceived, or due to a ‘physical disorder’. Our aim in drafting this model law is to give coherent and practical expression to the case, previously made by two of the current authors, that separate legislation authorising the civil commitment of ‘mentally disordered’ persons is unnecessary, and discriminatory, and should be replaced by new, comprehensive legislation that would govern the non-consensual treatment of both ‘mental’ and ‘physical’ conditions. This new scheme – which we have described as the ‘fusion’ proposal – would be based squarely on incapacity principles: that is, on the impaired capacity of a person to make decisions about treatment, from whatever cause – whether this is due to schizophrenia, Alzheimer’s Disease, a learning disability, a confusional state due to infection, a cerebrovascular accident, a head injury, or any other mental impairment.

A model statute of this kind, drafted largely by Rowena Daw, is presented here in skeleton form.

 

 

 
Mental illness is different and ignoring its differences profits nobody
Authors: Burns Tom
Published: December 2015

Szmukler, Daw and Dawson have produced a detailed and carefully worded proposal for a new approach fusing mental health and capacity legislation. In practice their proposal abolishes separate mental health legislation. It aims to ensure that compulsory care for the mentally ill is provided, when needed, according to the same principles as in severe disabling physical disorders (e.g. toxic confusion states, acute head injury, dementia). Their proposal derives from two strongly held and clearly presented principles – respect for the autonomy of the psychiatric patient and removal of what they consider the stigmatising discrimination between mental and physical illness. Capacity becomes the threshold for considering any compulsory detention or treatment.
Addendum
Authors: Szmukler George , Daw Rowena , Dawson John
Published: December 2015

Possible amendments to Parts IV and V following review of the commentaries:

As a result of a consideration of the commentaries on the Model Law we propose a number of possible amendments to Parts IV and V that take account of some of the points raised (see our response to the commentaries). We here reproduce the complete clauses as amended.
Reform of the Mental Health Act 1983: The Relevance of Capacity to Make Decisions
Authors: Gunn Michael
Published: December 2015

In this article, Professor Gunn discusses autonomy, consent and compulsion in mental health treatment, and reflects on the lines of reasoning which underpin the recent changes to the Mental Health Act 1983.
Widening the ‘Bournewood Gap’?
Authors: Hewitt David
Published: December 2015

These proceedings were a sequel to the case reported as Re F (Mental Health Act: Guardianship), in which the Court of Appeal held that wardship proceedings were preferable to guardianship proceedings under section 7 of the Mental Health Act 1983 where there were concerns for the wellbeing of a seventeen-year-old girl who had a mental age of between five and eight years.
Charges for Services Provided Under S.117 Mental Health Act 1983
Authors: Mackintosh Nicola
Published: December 2015

R v London Borough of Richmond Upon Thames ex parte Watson, R v Redcar and Cleveland Borough Council ex parte Armstrong, R v Manchester City Council ex parte Stennett, R v London Borough of Harrow ex parte Cobham

Court of Appeal (27th July 2000)3 CCLR 276
Scottish ‘public safety’ test for discharge of restricted patients held ECHR compatible
Authors: Patrick Hilary
Published: December 2015

A v The Scottish Ministers [2001] SLT 1331
The Privy Council (15th October 2001) Lords Slynn, Hope, Clyde, Hutton and Scott
Inhuman and degrading treatment and punishment of mentally ill prisoner
Authors: Stanesby Anne
Published: December 2015

Keenan v The United Kingdom. TLR 3/4/01
European Court of Human Rights. Application no. 27229/95
(Judgement 3 April 2001).
The Separation of the Mental Health Act Commission’s Functions: Inspectors, Visitors and Advocacy
Authors: Clayton Margaret
Published: December 2015

This article is written in the week in which both the draft Mental Health Bill1 and the Durham University Report on Independent Specialist Advocacy have been published for consultation. All Commissioners are being consulted about both documents and it would clearly be premature to express any Commission views until we have all been able to digest their contents. We shall naturally have strong views on a number of issues, particularly the expressed intention to replace
the White Paper’s proposed Commission for Mental Health3 by a division of the new Commission for Health Inspection and Audit which will be responsible for scrutinising the proper application of the new Mental Health Act.

My intention here is not to attempt to anticipate our considered response but instead to put the spotlight on a critical strategic issue which is not raised in either document and may otherwise be overlooked. This is the relationship between the concept of independent specialist advocacy services as set out in the Durham papers, the statutory functions of mental health advocates as described in the draft bill, and the amalgam of functions involved in the current visiting functions
of the Mental Health Act Commission (MHAC). There is no intention of suggesting answers to the questions raised. These will depend on consultation and consideration over time. The first part of the article, which is my sole responsibility, raises the general question. The second part describes, on behalf of the MHAC, how it has evolved since 1983 in a way which highlights the need for a close relationship between personal meetings with patients and a high level monitoring
function. This combination may not be wholly compatible with an advocacy role.