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This article, dealing with the topic of academic governance, is based on the experiences and reflections of a previous chair of a university senate. Grounded in recognition of the ever-increasing turbulence and complexity of the context of universities, it reveals some of the gaps and what gets silenced in the process and explores the paradoxical and inherently political nature of governance. Building on the current literature, the article attempts to extend and differentiate our conceptualization of governance and leadership as critical functions for university performance. In particular, governance is conceived of as the reframing, challenging, and questioning of the leadership vision and interpretation of reality and focuses on both external as well as internal trends over the long term and in ways that maximize responsiveness and strategic opportunities.
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Moments of protest and rebellion have always challenged systems of power and authority, but particularly since the rise of the liberal democratic state, laws and legal institutions have mediated the tensions and contradictions between individuals, social movements, and the existing order. In the Canadian context, the ongoing history of law and social protest has been shaped by the evolution of a legal framework inherited from England but continually altered by the demands of settlement and nation building, and more recently, by constitutional rights guarantees. While criminalization of dissent, particularly of street demonstrations and other forms of collective action, remains a key issue in studies of the relationship between law and protest, law has also become a tool of resistance in itself, either in conjunction with or instead of other forms of mobilization.
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In the summer of 1993, Clayoquot Sound, a mostly wilderness area of ancient temperate rainforest on Vancouver Island in British Columbia (BC), became the site of the largest civil disobedience campaign in Canadian history. Almost 900 people were arrested during four months of protests over the fate of Clayoquot Sound's rare ecology, resulting in a series of mass trials unique in Canadian law (Hatch 1994). Although there had been intermittent protests over logging and other resource development in the area for over two decades, particularly by the Nuu-chah-nulth First Nation and local environmentalists, a decision by the government of BC in April 1993 to allow clearcut logging in 62 percent of Clayoquot Sound catalyzed the rapid emergence of a preservation movement with both domestic and international dimensions.
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This dissertation explores the relationship between social capital and an organizational capability during the earliest phases of emergence. Using an experimental methodology based on a virtual crisis simulation, this research examines the influence of social capital emergence on the evolution of capability performance in real time. Results illustrate the cross-sectional, autoregressive, and cross-lagged change in social capital and capability performance over three measurement intervals, suggesting the presence of a co-evolving relationship between the two constructs. This dissertation contributes valuable insight to the management literature by examining the micro-foundations of organizational capability emergence; demonstrating that the social, relational, and structural context of work is central, especially in its ability to shape collaborative practice and contribute to the collective ability to meet organizational needs. This study demonstrates how the process of social capital emergence occurs, and explains how it relates to the triggering of capability evolution. As a result, this dissertation has generated greater insight into how organizational capabilities grow and evolve, and how social capital contributes to these processes. By better understanding the role that social capital networks play in the emergence and evolution of organizational capabilities, we add some measure of control and predictability to capability evolution allowing organizations to take action to encourage, stabilize, or discourage capability change via specific intervention mechanisms, and
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Freedom of expression protects the individual's freedom to communicate with others. The right of the individual is to participate in an activity that is deeply social in character. The value of freedom of expression rests on the social nature of individuals and the constitutive character of public discourse. This understanding of the freedom, however, has been inhibited by the individualism that dominates contemporary thinking about rights its assumptions about the pre-social individual and the instrumental value of community life. While the social character of human agency is seldom mentioned in the different accounts of the freedom value, it is the unstated premise of each. Once we recognize that individual agency and identity emerge in the social relationship of communication, the traditional split between intrinsic and instrumental accounts (and between speaker and listener -based accounts) of the value of freedom of expression dissolves.
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When parents separate and cannot agree about parenting arrangements for their children, a state-authorized neutral party must resolve the dispute. Two groups of neutral professionals perform this function in many western jurisdictions. The first group is judges, who are entrusted with the ultimate decision-making authority. The second group is custody and access assessors, who are generally psychologists, psychiatrists, or social workers. This thesis compares the processes by which these two groups of professionals make the decisions, and analyzes the interface between them. It then presents the results of empirical research about the extent to which Ontario judges accept custody and access recommendations from social worker assessors employed by Ontario's Office of the Children's Lawyer. The central finding was that the judges and assessors agreed only about half of the time. Possible explanations for this finding are explored, and its significance is analyzed in the context of the existing literature.
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Professor Voyvodic’s call for cultural competence as an ethical requirement challenges perceptions of the legal profession as inherently and necessarily morally neutral. While lawyers wrestle with the boundaries of ethical mandates, alternative dispute resolution practitioners have adopted their own codes of ethics following very much in the path of the law. Although expanding dispute resolution options for disputants, many theorists have warned of the potential of informalism to undermine natural justice principals. I will argue that the choice to omit any explicit commitment to a "social justice ethic" leaves the practice of ADR vulnerable to these decades-old arguments that informalism erodes protections for marginalized populations. As such, I will argue that mediators must call for an explicit social justice mandate in their codes of conduct, training and practices to cement the place of informal processes as equitable – not just efficient – options for settlement. In doing so, informal processes, particularly mediation, may increase discourse in civil society about human rights, thus strengthening their congruence with lived realities of citizens.
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