78,098 research outputs found
A qualitative investigation of elite golf coaches' knowledge and the epistemological chain
The aim of the study was to explore the existence and application of the epistemological chain (EC) construct in the decision making of elite golf coaches. Eight male expert golf coaches were recruited for the study. Employing a qualitative methodology, semi-structured interviews were conducted to gain understanding of the participants‟ perceptions and application of the EC and to determine its overall effect on their knowledge development. Data were analysed to identify themes using interpretive phenomenological analysis (IPA). Results indicate the EC is indeed present in the coaching of elite golfers and implemented in a structured and coherent form. This raises a number of interesting issues regarding coach and player development that may impact upon future pedagogical provision
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Settlement Agreements, Legal Information and the Mistake of Law Rule in Contract
The extent of the doctrine of contractual mistake of law is evaluated in light of the Court of Appeal’s decision in Brennan v Bolt Burdon through the lens of economic efficiency, the associated incentivization of productive information acquisition and contractual risk allocation. The Brennan court’s decision limits the relief available for claims of mistake grounded in unanticipated changes in the law to mistakes involving exceptional errors. In so doing it acknowledges the risk inherent in accepting contractual settlement offers as a matter of commercial risk taking which can be offset through express contractual limitation, subject to public policy concerns. The article considers the effects of such contractual risk allocation as well as the cost of dispelling ignorance to recommend a clarification of the scope of the mistake of law. This rule is based upon the gains to be achieved from the underlying contract to the contractual parties as well advantages to society engendered by the dissemination of information about the law itself
Reliance Remedies at the International Centre for the Settlement of Investment Disputes
Examines situations in which the International Centre for the Settlement of Investment Disputes has awarded damages for the cost of the investment, which may be compared to the contract law concept of reliance damages. Notes that this measure of damages is often used where lost profits are difficult to calculate because of the speculative nature of the future investment
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Efficient Breach, Reliance and Contract Remedies at the WTO
Purpose - To propose a remedy of monetary damages for efficient trade agreement breaches within the World Trade Organization (WTO). Design/methodology/approach - Defines the concept of an efficient breach as one where breach of an obligation leads to more optimal allocation of resources than compliance with the obligation. Discusses WTO remedies and monetary damages for efficient breach, the expectation measure, the reliance measure, WTO violations as tort, and enforcement. Findings - The main remedies for WTO violations are non-monetary compensation and retaliation. However, the problems facing a doctrine of efficient breach are that the parties mainly injured by such breaches are private third party exporters rather than Member States, and that it is difficult to calibrate counterfactually a suitable remedy based on foregone trade. To overcome these problems, the proposed reliance-based monetary remedy would institute a periodic decreasing payment which corresponds to the out of pocket expenses incurred, in anticipation of liberalized trade, by exporters in the injured state. This quantifiable and verifiable method of assessing compensation is in harmony with the common law of contract and can be used to establish third-party contractual rights; it also has parallels in international law, which should encourage compliance with it, while WTO violations are similar to the law of tort, which typically uses a restorative remedy. Originality/value - The proposed method fulfils the WTO's Dispute Settlement Understanding's goal of predictability, and it is both fair and welfare maximizing
The International Bar Association and Trade in Legal Services: Meta Law-Making in International Economic Law?
This article presents the International Bar Association as a highly-influential but often overlooked non-state actor through the lens of its involvement in the standardization of Mutual Recognition Agreements (MRA)s for legal services. Not only do most MRAs contemplate the active involvement of professional bodies such as law societies and bar associations in their construction and monitoring, the IBA’s guidelines for MRAs inform the content of these agreements, facilitating the practice of international law by a more highly mobile profession. This in turn underpins the capacity of the community of international lawyers to exercise their technical expertise to influence other non-state actors, exemplifying what may be described as the IBA’s “meta-lawmaking” on the global stage. As there has been poor uptake of MRAs by developing countries, initiatives of the IBA could help establish mutual recognition for legal services in the developing world
Institutionalized Fact Finding at the WTO
This short article argues that the WTO should have a standing agency to conduct fact finding in order to correct evidentiary deficiencies in submissions by members to panels during dispute settlement. This will compensate for both the incapacity to produce full disclosure on the part of developing nations and the unwillingness to do so from other members due to strategic reasons or purposes of confidentiality. It is suggested that such an investigatory mandate could fit into the panels’ existing right to seek information or within the broad scope of powers granted tribunals in international law. Separation between fact finding and decision-making achieved by a specialized fact finding body would insure judicial impartiality and promote legitimacy
The fourth dimension: A motoric perspective on the anxiety–performance relationship
This article focuses on raising concern that anxiety–performance relationship theory has insufficiently catered for motoric issues during, primarily, closed and self-paced skill execution (e.g., long jump and javelin throw). Following a review of current theory, we address the under-consideration of motoric issues by extending the three-dimensional model put forward by Cheng, Hardy, and Markland (2009) (‘Toward a three-dimensional conceptualization of performance anxiety: Rationale and initial measurement development, Psychology of Sport and Exercise, 10, 271–278). This fourth dimension, termed skill establishment, comprises the level and consistency of movement automaticity together with a performer's confidence in this specific process, as providing a degree of robustness against negative anxiety effects. To exemplify this motoric influence, we then offer insight regarding current theories’ misrepresentation that a self-focus of attention toward an already well-learned skill always leads to a negative performance effect. In doing so, we draw upon applied literature to distinguish between positive and negative self-foci and suggest that on what and how a performer directs their attention is crucial to the interaction with skill establishment and, therefore, performance. Finally, implications for skill acquisition research are provided. Accordingly, we suggest a positive potential flow from applied/translational to fundamental/theory-generating research in sport which can serve to freshen and usefully redirect investigation into this long-considered but still insufficiently understood concept
Illuminating and applying “The Dark Side”: Insights from elite team leaders
In contrast to socially desirable behaviors, recent work has suggested that effective elite team leadership also relies on socially undesirable behaviors. Accordingly, this study aimed to further explore the authenticity of dark side leadership behaviors, what they look like, and how they may be best used. Via interviews with 15 leaders, behaviors associated with Machiavellianism/mischievousness, skepticism, social dominance, and performance-focused ruthlessness were found. Moreover, these behaviors were enabled by leaders’ sociopolitical awareness and engineering as well as their adaptive expertise. Findings promote practitioner sensitivity to dark side leadership and, for leader effectiveness, sociopolitical and temporal features of its application
The P7 approach to the Olympic challenge: Sharing a practical framework for mission preparation and execution
The Olympic Games represent the biggest and third biggest sporting occasions in the world (Summer and Winter respectively). As such, dealing with the various challenges and optimizing performance at this event has been an important dual focus for team leaders, coaches, performers, and their supporting sport psychologists. In this paper, we share an organizational approach to planning and preparation that, in our experience, provides an effective setup for athletes, coaches, and support teams alike. Specifically, this presented framework enables the focused tasking of support staff and resources to address both individual and specific challenges. To illuminate the route via which this approach delivers its impact, underpinning mechanisms, advantages, and other considerations are also presented
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