Search results for: legal and finance staff
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 3409

Search results for: legal and finance staff

3049 Overview of Pre-Analytical Lab Errors in a Tertiary Care Hospital at Rawalpindi, Pakistan

Authors: S. Saeed, T. Butt, M. Rehan, S. Khaliq

Abstract:

Objective: To determine the frequency of pre-analytical errors in samples taken from patients for various lab tests at Fauji Foundation Hospital, Rawalpindi. Material and Methods: All the lab specimens for diagnostic purposes received at the lab from Fauji Foundation hospital, Rawalpindi indoor and outdoor patients were included. Total number of samples received in the lab is recorded in the computerized program made for the hospital. All the errors observed for pre-analytical process including patient identification, sampling techniques, test collection procedures, specimen transport/processing and storage were recorded in the log book kept for the purpose. Results: A total of 476616 specimens were received in the lab during the period of study including 237931 and 238685 from outdoor and indoor patients respectively. Forty-one percent of the samples (n=197976) revealed pre-analytical discrepancies. The discrepancies included Hemolyzed samples (34.8%), Clotted blood (27.8%), Incorrect samples (17.4%), Unlabeled samples (8.9%), Insufficient specimens (3.9%), Request forms without authorized signature (2.9%), Empty containers (3.9%) and tube breakage during centrifugation (0.8%). Most of these pre-analytical discrepancies were observed in samples received from the wards revealing that inappropriate sample collection by the medical staff of the ward, as most of the outdoor samples are collected by the lab staff who are properly trained for sample collection. Conclusion: It is mandatory to educate phlebotomists and paramedical staff particularly performing duties in the wards regarding timing and techniques of sampling/appropriate container to use/early delivery of the samples to the lab to reduce pre-analytical errors.

Keywords: pre analytical lab errors, tertiary care hospital, hemolyzed, paramedical staff

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3048 Appropriate Legal System for Protection of Plant Innovations in Afghanistan

Authors: Mohammad Reza Fooladi

Abstract:

Because of the importance and effect of plant innovations on economy, industry, and especially agriculture, they have been on the core attention of legislators at the national level, and have been a topic of international documents related to intellectual innovations in the recent decades. For protection of plant innovations, two legal systems (i.e. particular system based on International Convention for protection of new variety of plants, and the patent system) have been considered. Ease of access to the support and the level of support in each of these systems are different. Our attempt in this paper, in addition to describing and analyzing the characteristics of each system, is to suggest the compatible system to the industry and agriculture of Afghanistan. Due to the lack of sufficient industrial infrastructure and academic research, the particular system based on the International Convention on the protection of new variety of plants is suggested. At the same time, appropriate industrial and legal infrastructures, as well as laboratories and research centers should be provided in order that plant innovations under the patent system could also be supported.

Keywords: new varieties of plant, patent, agriculture, Afghanistan

Procedia PDF Downloads 330
3047 The Legal Nature of Grading Decisions and the Implications for Handling of Academic Complaints in or out of Court: A Comparative Legal Analysis of Academic Litigation in Europe

Authors: Kurt Willems

Abstract:

This research examines complaints against grading in higher education institutions in four different European regions: England and Wales, Flanders, the Netherlands, and France. The aim of the research is to examine the correlation between the applicable type of complaint handling on the one hand, and selected qualities of the higher education landscape and of public law on the other hand. All selected regions report a rising number of complaints against grading decisions, not only as to internal complaint handling within the institution but also judicially if the dispute persists. Some regions deem their administrative court system appropriate to deal with grading disputes (France) or have even erected a specialty administrative court to facilitate access (Flanders, the Netherlands). However, at the same time, different types of (governmental) dispute resolution bodies have been established outside of the judicial court system (England and Wales, and to lesser extent France and the Netherlands). Those dispute procedures do not seem coincidental. Public law issues such as the underlying legal nature of the education institution and, eventually, the grading decision itself, have an impact on the way the academic complaint procedures are developed. Indeed, in most of the selected regions, contractual disputes enjoy different legal protection than administrative decisions, making the legal qualification of the relationship between student and higher education institution highly relevant. At the same time, the scope of competence of government over different types of higher education institutions; albeit direct or indirect (o.a. through financing and quality control) is relevant as well to comprehend why certain dispute handling procedures have been established for students. To answer the above questions, the doctrinal and comparative legal method is used. The normative framework is distilled from the relevant national legislative rules and their preparatory texts, the legal literature, the (published) case law of academic complaints and the available governmental reports. The research is mainly theoretical in nature, examining different topics of public law (mainly administrative law) and procedural law in the context of grading decisions. The internal appeal procedure within the education institution is largely left out of the scope of the research, as well as different types of non-governmental-imposed cooperation between education institutions, given the public law angle of the research questions. The research results in the categorization of different academic complaint systems, and an analysis of the possibility to introduce each of those systems in different countries, depending on their public law system and higher education system. By doing so, the research also adds to the debate on the public-private divide in higher education systems, and its effect on academic complaints handling.

Keywords: higher education, legal qualification of education institution, legal qualification of grading decisions, legal protection of students, academic litigation

Procedia PDF Downloads 230
3046 The Potential Role of University Libraries in the Fight against Terrorism in Upper Egypt

Authors: Essam Mansour

Abstract:

The purpose of this study is to explore the potential role of South Valley University (SVU) libraries’ manpower, collections and services in the fight against terrorism in the Upper Egypt. A quantitative research methodology was used in the form of a survey sent to 127 library staff at the SVU. The survey was undertaken from June to July 2015 with a response rate 73.2%. Printed materials were the most adequate collections in the SVU libraries. Other materials, such as CDs/DVDs, audiovisual materials, microfilm and microfiche, online resources and electronic materials respectively were inadequate at SVU libraries. Few of the services provided by SVU libraries were characterized as adequate services, some are inadequate and other services do not exist. The average of the facilities provided by SVU libraries was somewhat adequate. Activities, such as holding social field trips, holding training workshops and holding academic field trip were, at least, somewhat adequate to SVU libraries. SVU libraries had no a significant role in fighting terrorism in the Upper Egypt. There is no a relationship between the SVU library staff’s professional characteristics and the potential role that their libraries may play in the fight against this phenomenon. As a result of the lack of SVU libraries’ collections, services, facilities and activities, this study concluded that that such role could not be achieved. Almost all the library staff admitted that this severe lack has affected the provision of library patrons and members of the library community to these collections and services, which help in countering the threat of terrorism. Despite the significance of all these problems faced by SVU libraries in the fight against terrorism, it was found that the inadequacy of the library opening hours is significantly correlated with the professional characteristics of the library staff, particularly their job title and work experience.

Keywords: terrorism, national security, university libraries, south valley university, Egypt, survey

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3045 Value-Based Argumentation Frameworks and Judicial Moral Reasoning

Authors: Sonia Anand Knowlton

Abstract:

As the use of Artificial Intelligence is becoming increasingly integrated in virtually every area of life, the need and interest to logically formalize the law and judicial reasoning is growing tremendously. The study of argumentation frameworks (AFs) provides promise in this respect. AF’s provide a way of structuring human reasoning using a formal system of non-monotonic logic. P.M. Dung first introduced this framework and demonstrated that certain arguments must prevail and certain arguments must perish based on whether they are logically “attacked” by other arguments. Dung labelled the set of prevailing arguments as the “preferred extension” of the given argumentation framework. Trevor Bench-Capon’s Value-based Argumentation Frameworks extended Dung’s AF system by allowing arguments to derive their force from the promotion of “preferred” values. In VAF systems, the success of an attack from argument A to argument B (i.e., the triumph of argument A) requires that argument B does not promote a value that is preferred to argument A. There has been thorough discussion of the application of VAFs to the law within the computer science literature, mainly demonstrating that legal cases can be effectively mapped out using VAFs. This article analyses VAFs from a jurisprudential standpoint to provide a philosophical and theoretical analysis of what VAFs tell the legal community about the judicial reasoning, specifically distinguishing between legal and moral reasoning. It highlights the limitations of using VAFs to account for judicial moral reasoning in theory and in practice.

Keywords: nonmonotonic logic, legal formalization, computer science, artificial intelligence, morality

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3044 Protection Not Punishment: Use of Electronic Monitoring to Reduce the Risk of Cross-Border Parental Child Abduction

Authors: Nazia Yaqub

Abstract:

Globally, the number of cases of international parental child abduction has remained consistent in the past decade despite the legal provision designed to prevent and deter abduction, and so it appears the current legal approach to prevent abduction is lacking. Reflecting on the findings of an empirical study conducted by the author between 2017-19 on parental abduction from the UK, the article considers a solution to the predicament of protecting children at risk of abduction through electronic monitoring. The electronic monitoring of children has negative connotations, particularly in its use in the criminal justice system, yet in the context of family law proceedings, the article considers whether electronic monitoring could serve a protective rather than a punitive purpose. The article reflects on the use of electronic monitoring in parental abduction cases by the Family Courts and examines the ethical considerations of the proposal, drawing on the rights found in the European Convention on Human Rights and the UN Convention on the Rights of the Child.

Keywords: law, parental child abduction, electronic monitoring, legal solutions

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3043 Student Participation in Higher Education Quality Assurance Processes

Authors: Tomasz Zarebski

Abstract:

A very important element of the education system is its evaluation procedure. Each education system should be systematically evaluated and improved. Among the criteria subject to evaluation, attention should be paid to the following: structure of the study programme, implementation of the study programme, admission to studies, verification of learning outcomes achievement by students, giving credit for individual semesters and years, and awarding diplomas, competence, experience, qualifications and the number of staff providing education, staff development, and in-service training, education infrastructure, cooperation with social and economic stakeholders on the development, conditions for and methods of improving the internationalisation of education provided as part of the degree programme, supporting learning, social, academic or professional development of students and their entry on the labour market, public access to information about the study programme and quality assurance policy. Concerning the assessment process and the individual assessment indicators, the participation of students in these processes is essential. The purpose of this paper is to analyse the rules of student participation in accreditation processes on the example of individual countries in Europe. The rules of students' participation in the work of accreditation committees and their influence on the final grade of the committee were analysed. Most of the higher education institutions follow similar rules for accreditation. The general model gives the individual institution freedom to organize its own quality assurance, as long as the system lives up to the criteria for quality and relevance laid down in the particular provisions. This point also applies to students. The regulations of the following countries were examined in the legal-comparative aspect: Poland (Polish Accreditation Committee), Denmark (The Danish Accreditation Institution), France (High Council for the Evaluation of Research and Higher Education), Germany (Agency for Quality Assurance through Accreditation of Study Programmes) and Italy (National Agency for the Evaluation of Universities and Research Institutes).

Keywords: accreditation, student, study programme, quality assurance in higher education

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3042 Short-Term Incarceration in South Africa and the Shaping of Legal Consciousness

Authors: Thato Masiangoako

Abstract:

While being home to one of the greatest constitutions in the world, South Africa is also notorious for brutal policing practices, endemic corruption, and an overstrained criminal justice system. This apparent gap between the normative conceptions of the law and the actual experiences of being subjected to the criminal justice system forms the crux of this study. This study explores how community activists, student activists, and migrants in Johannesburg, who rely on the law for protection and effective political expression and participation and understand the law through their experiences of arrest and short-term incarceration. This work introduces the concept of legal consciousness to the South African context, whilst also drawing very heavily from South African literature of the law and criminal justice system. This research is grounded in the experiences of arrest and pre-trial and immigration detention shared by these individuals, which are used to develop a rich account of legal consciousness in South Africa. It also sheds light on some of the ways in which the criminal justice system sustains its legitimacy within a post-apartheid framework despite the gaps between what the law ought to be and it actually is. The study argues that the ways in which these groups make sense of their experiences of the criminal justice system and the law, more broadly, are closely bound to their socio-political identities. This calls the core values of equality and dignity that undergird South Africa’s Constitution into question.

Keywords: criminal justice, immigrant detention, legal consciousness, remand detention

Procedia PDF Downloads 242
3041 Naturalization of Aliens in Consideration of Turkish Constitutional Law: Recent Governmental Practices

Authors: Zeynep Ozkan, Cigdem Serra Uzunpinar

Abstract:

Citizenship is a legal bond that binds a person to a certain state. How constitutions define ‘the citizen’ and how they regulate the elements of citizenship have great importance in terms of individuals’ duties before the state as well as the rights they own. Especially in multi-segmented societies that contain foreign elements, it becomes necessary to examinate the institution of naturalization in terms of individuals’ duty of constitutional citizenship. The meaning of citizenship in Turkey has transformed due to the changes in practices of naturalization, in parallel to receiving huge amount of immagrants with the recent Syrian Crisis, the change in the governmental system and facing economic crisis. This transformation took place in the way of a diversion from the states’ initial motive of building the bond of citizenship with the aim of founding/sustaining political unity. Hence, rising of the economic and political motives in naturalization practices are in question, instead of objective and subjective criterias, that are traditionally used on defining the notion of nation. In this study, firstly the regime of citizenship and the legal regime of aliens in Turkish legislation will be given place. Then, the transformation, that the notion of constitutional citizenship underwent, will be studied, especially on the basis of governmental practices of naturalization. The assessment will be made in the context of legal institutions brought with the new governmental system as a result of recent constitutional amendment.

Keywords: constitutional citizenship, naturalization, naturalization practices in Turkish legal system, transformation of the notion of constitutional citizenship

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3040 Compilation of Islamic Law as Law Applied Religious Courts in Indonesia (Responding to Changes in Religious Courts Authority)

Authors: Hamdan Arief Hanif, Rahmat Sidiq

Abstract:

Indonesia is a country of law, the legal system adopted by Indonesia is a civil law system. A major feature of the civil law is the codified legislation. Meanwhile the majority of society Indonesia are Muslims, whilst Islamic law itself having the sources written in Qur'an, Sunnah and the opinion of Muslim scholars, generally not codified in book form of legislation that is easy on the set as a reference. in Indonesia, many scholars have different opinions in decisions so that there is no legal certainty in Muslim civil cases, so the need for legal codification, which, as the source of the judges in deciding a case, especially a case in religious courts. This paper raised the topic of discussion which offers a solution to the application of the codification of the Islamic Law which became the core resources in delivering a verdict against Islamic civil related issue; codification usually called a compilation of Islamic Law. Compilation of Islamic Law is highly recommended as a core reference for the judges in religious courts in Indonesia. This compilation which includes a collection of large number of opinions scholars (book of fiqh) that existed previously and are ripened in deduce in order to unify the existing differences. This paper also discusses how the early formation of the compilation and as the right solution in order to create legal certainty and justice especially for the muslim community in Indonesia.

Keywords: Islamic law, compilation, law applied core, religious court

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3039 Evaluating and Improving Healthcare Staff Knowledge of the [NG179] NICE Guidelines on Elective Surgical Care during the COVID-19 Pandemic: A Quality Improvement Project

Authors: Stavroula Stavropoulou-Tatla, Danyal Awal, Mohammad Ayaz Hossain

Abstract:

The first wave of the COVID-19 pandemic saw several countries issue guidance postponing all non-urgent diagnostic evaluations and operations, leading to an estimated backlog of 28 million cases worldwide and over 4 million in the UK alone. In an attempt to regulate the resumption of elective surgical activity, the National Institute for Health and Care Excellence (NICE) introduced the ‘COVID-19 rapid guideline [NG179]’. This project aimed to increase healthcare staff knowledge of the aforementioned guideline to a targeted score of 100% in the disseminated questionnaire within 3 months at the Royal Free Hospital. A standardized online questionnaire was used to assess the knowledge of surgical and medical staff at baseline and following each 4-week-long Plan-Study-Do-Act (PDSA) cycle. During PDSA1, the A4 visual summary accompanying the guideline was visibly placed in all relevant clinical areas and the full guideline was distributed to the staff in charge together with a short briefing on the salient points. PDSA2 involved brief small-group teaching sessions. A total of 218 responses was collected. Mean percentage scores increased significantly from 51±19% at baseline to 81±16% after PDSA1 (t=10.32, p<0.0001) and further to 93±8% after PDSA2 (t=4.9, p<0.0001), with 54% of participants achieving a perfect score. In conclusion, the targeted distribution of guideline printouts and visual aids, combined with small-group teaching sessions, were simple and effective ways of educating healthcare staff about the new standards of elective surgical care at the time of COVID-19. This could facilitate the safe restoration of surgical activity, which is critical in order to mitigate the far-reaching consequences of surgical delays on an unprecedented scale during a time of great crisis and uncertainty.

Keywords: COVID-19, elective surgery, NICE guidelines, quality improvement

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3038 Comparative Study and Parallel Implementation of Stochastic Models for Pricing of European Options Portfolios using Monte Carlo Methods

Authors: Vinayak Bassi, Rajpreet Singh

Abstract:

Over the years, with the emergence of sophisticated computers and algorithms, finance has been quantified using computational prowess. Asset valuation has been one of the key components of quantitative finance. In fact, it has become one of the embryonic steps in determining risk related to a portfolio, the main goal of quantitative finance. This study comprises a drawing comparison between valuation output generated by two stochastic dynamic models, namely Black-Scholes and Dupire’s bi-dimensionality model. Both of these models are formulated for computing the valuation function for a portfolio of European options using Monte Carlo simulation methods. Although Monte Carlo algorithms have a slower convergence rate than calculus-based simulation techniques (like FDM), they work quite effectively over high-dimensional dynamic models. A fidelity gap is analyzed between the static (historical) and stochastic inputs for a sample portfolio of underlying assets. In order to enhance the performance efficiency of the model, the study emphasized the use of variable reduction methods and customizing random number generators to implement parallelization. An attempt has been made to further implement the Dupire’s model on a GPU to achieve higher computational performance. Furthermore, ideas have been discussed around the performance enhancement and bottleneck identification related to the implementation of options-pricing models on GPUs.

Keywords: monte carlo, stochastic models, computational finance, parallel programming, scientific computing

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3037 Implementation of Big Data Concepts Led by the Business Pressures

Authors: Snezana Savoska, Blagoj Ristevski, Violeta Manevska, Zlatko Savoski, Ilija Jolevski

Abstract:

Big data is widely accepted by the pharmaceutical companies as a result of business demands create through legal pressure. Pharmaceutical companies have many legal demands as well as standards’ demands and have to adapt their procedures to the legislation. To manage with these demands, they have to standardize the usage of the current information technology and use the latest software tools. This paper highlights some important aspects of experience with big data projects implementation in a pharmaceutical Macedonian company. These projects made improvements of their business processes by the help of new software tools selected to comply with legal and business demands. They use IT as a strategic tool to obtain competitive advantage on the market and to reengineer the processes towards new Internet economy and quality demands. The company is required to manage vast amounts of structured as well as unstructured data. For these reasons, they implement projects for emerging and appropriate software tools which have to deal with big data concepts accepted in the company.

Keywords: big data, unstructured data, SAP ERP, documentum

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3036 The Power of Transparency Norms in the Wto Legal Framework: Beyond the Trade Context

Authors: Tran Van Long

Abstract:

Beyond trade facilitation, transparency in the WTO legal context is, implicitly and explicitly, aimed at addressing problems in domestic administrative law. Through the lens of global governance, this paper attempts to shed more light on the power of transparency norms enshrined in multilateral trading agreements under the aegis of the WTO. In this global ruled-base system, transparency has become sufficiently powerful to be a multifunctional instrument for promoting rule of law, good governance, and democracy.

Keywords: WTO, transparency, good governance, rule of law, global administrative law.

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3035 A comparative Analysis of the Good Faith Principle in Construction Contracts

Authors: Nadine Rashed, A. Samer Ezeldin, Engy Serag

Abstract:

The principle of good faith plays a critical role in shaping contractual relationships, yet its application varies significantly across different types of construction contracts and legal systems. This paper presents a comparative analysis of how various construction contracts perceive the principle of good faith, a fundamental aspect that influences contractual relationships and project outcomes. The primary objective of this analysis is to examine the differences in the application and interpretation of good faith across key construction contracts, including JCT (Joint Contracts Tribunal), FIDIC (Fédération Internationale des Ingénieurs-Conseils), NEC (New Engineering Contract), and ICE (Institution of Civil Engineers) Contracts. To accomplish this, a mixed-methods approach will be employed, integrating a thorough literature review of current legal frameworks and academic publications with primary data gathered from a structured questionnaire aimed at industry professionals such as contract managers, legal advisors, and project stakeholders. This combined strategy will enable a holistic understanding of the theoretical foundations of good faith in construction contracts and its practical effects in real-world contexts. The findings of this analysis are expected to yield valuable insights into how varying interpretations of good faith can impact project performance, dispute resolution, and collaborative practices within the construction industry. This paper contributes to a deeper understanding of how the principle of good faith is evolving in the construction industry, providing insights for contract drafters, legal practitioners, and project managers seeking to navigate the complexities of contractual obligations across different legal systems.

Keywords: construction contracts, contractual obligations, ethical practices, good faith

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3034 Market Acceptance of a Murabaha-Based Finance Structure within a Social Network of Non-Islamic Small and Medium Enterprise Owners in African Procurement

Authors: Craig M. Allen

Abstract:

Twenty two African entrepreneurs with Small and Medium Enterprises (SMEs) in a single social network centered around a non-Muslim population in a smaller African country, selected an Islamic financing structure, a form of Murabaha, based solely on market rationale. These entrepreneurs had all won procurement contracts from major purchasers of goods within their country and faced difficulty arranging traditional bank financing to support their supply-chain needs. The Murabaha-based structure satisfied their market-driven demand and provided an attractive alternative to the traditional bank-offered lending products. The Murabaha-styled trade-financing structure was not promoted with any religious implications, but solely as a market solution to the existing problems associated with bank-related financing. This indicates the strong market forces that draw SMEs to financing structures that are traditionally considered within the framework of Islamic finance.

Keywords: Africa, entrepreneurs, Islamic finance, market acceptance, Murabaha, SMEs

Procedia PDF Downloads 180
3033 The Sociolinguistics of Prison Slang

Authors: Jonathan M. Watt, Regina L. Sturiale

Abstract:

The linguistic idiosyncrasies of prison populations have been studied with great interest by scholarly and popular writers alike, whose interests range from curiosity to a disciplined understanding of its function. This paper offers a formalized nomenclature for the four relevant terms (slang, jargon, argot, and cant) and brings together key sociolinguistic concepts such as domain and register with research on institutional dynamics as well as culture and identity. It presents a fresh body of data drawn from interviews with prison staff in the American NE and with awareness of selected publications. The paper then draws a correlation between a person’s competence in prison antilanguage and their status as part of the in-group. This is a distinctive marker of identification that is essential to inmate survival and staff effectiveness.

Keywords: slang, jargon, argot, sociolinguistics, antilanguage, identity

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3032 Nature of Maritime Dispute Resolution by Arbitration: USA as a Reference Point

Authors: Thusitha B. Abeysekara, M. A. Nihal Chandrathilake

Abstract:

The aim of this research is to examine the legal mechanism of resolving maritime disputes by arbitration, and it would be a reference point on the analysis of USA approaches. In doing so, the research aims to analyse the relevant legal principles in the context of current maritime arbitration practices in selected jurisdictions. The research also aims to analyse the advantages and applicability of arbitration in maritime dispute settlements over the litigation and further approaches the role of specialist maritime arbitration institutes in the USA and the position of international merchant organizations in maritime arbitration. Further, research values the legislative aspects of maritime arbitration. The study would evaluate the contemporary issues in maritime arbitration practices in the USA and further analyses the statistical information on maritime arbitration. Finally, the research made remarks to often parallel consequence in USA legal systems in maritime arbitration and despite the fundamental divergences of the applicable principles and practices of maritime arbitration. The research finally suggests the doctrine should reshape with equitable remedies and international maritime arbitration practices with its institutional impact rather than using as statutory rules related maritime arbitration.

Keywords: arbitration, international shipping, maritime dispute, New York convention

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3031 Heading for Modern Construction Management: Recommendation for Employers

Authors: Robin Becker, Maike Eilers, Nane Roetmann, Manfred Helmus

Abstract:

The shortage of junior staff in the construction industry is a problem that will be further exacerbated in the coming years by the retirement of the baby-boom generations (1955-1969) from employment. In addition, the current working conditions in the field of construction management are not attractive for young professionals. A survey of students revealed a desire for an increase in flexibility and an improved work-life balance in everyday working life. Students of civil engineering and architecture are basically interested in a career in construction management but have reservations due to the image of the profession and the current working conditions. A survey among experts from the construction industry shows that the profession can become more attractive. This report provides recommendations for action in the form of working modules to improve the working conditions of employees. If these are taken into account, graduates can be attracted to the profession of construction management, and existing staff can be retained more effectively. The aim of this report is to show incentives for employers to respond to the wishes and needs of their current and future employees to the extent that can be implemented.

Keywords: modern construction management, construction industry, work modules, shortage of junior staff, sustainable personnel management, making construction management more attractive, working time model

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3030 Jewish Law in the State of Israel: Law, Religion and State

Authors: Yuval Sinai

Abstract:

As part of the historical, religious and cultural heritage of the Jewish people, Jewish law is part of the legal system in Israel, which is a Jewish and democratic state. The proper degree of use of Jewish law in judicial decisions is an issue that crops up in Israeli law from time to time. This was a burning question in the 1980s in the wake of the enactment of the Foundations of Law Act 1980, which declared Jewish heritage a supplementary legal method to Israeli law. The enactment of the Basic Law: Human Dignity and Liberty 1992, which decreed that the basic Israeli legal principles must be interpreted in light of the values of a Jewish and democratic state, marks a significant change in the impact of Judaism in the law created and applied by the courts. Both of these legislative developments revived the initiative to grant a central status to Jewish law within the state law. How should Jewish law be applied in Israel’s secular courts? This is not a simple question. It is not merely a question of identifying the relevant rule of Jewish law or tracing its development from the Talmud to modern times. Nor is it the same as asking how a rabbinic court would handle the issue. It is a matter of delicate judgment to distill out of the often conflicting Jewish law sources a rule that will fit into the existing framework of Israeli law so as to advance a policy that will best promote the interests of Israel’s society. We shall point out the occasional tensions between Jewish religious law and secular law, and introduce opinions as to how reconciliation of the two can best be achieved in light of Jewish legal tradition and in light of the reality in the modern State of Israel.

Keywords: law and religion, israel, jewish law, law and society

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3029 A Data Science Pipeline for Algorithmic Trading: A Comparative Study in Applications to Finance and Cryptoeconomics

Authors: Luyao Zhang, Tianyu Wu, Jiayi Li, Carlos-Gustavo Salas-Flores, Saad Lahrichi

Abstract:

Recent advances in AI have made algorithmic trading a central role in finance. However, current research and applications are disconnected information islands. We propose a generally applicable pipeline for designing, programming, and evaluating algorithmic trading of stock and crypto tokens. Moreover, we provide comparative case studies for four conventional algorithms, including moving average crossover, volume-weighted average price, sentiment analysis, and statistical arbitrage. Our study offers a systematic way to program and compare different trading strategies. Moreover, we implement our algorithms by object-oriented programming in Python3, which serves as open-source software for future academic research and applications.

Keywords: algorithmic trading, AI for finance, fintech, machine learning, moving average crossover, volume weighted average price, sentiment analysis, statistical arbitrage, pair trading, object-oriented programming, python3

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3028 Legal Initiatives for Afghan Humanitarian Crisis

Authors: Fereshteh Ganjavi, Rachel Schaffer, Varsha Jorawar

Abstract:

Elena’s Light is a non-profit organization focused on building brighter futures for refugees, especially women and children. Our mission is to empower refugee women and children by addressing social, legal, and public health issues that predominantly concern them. Elena’s Light offers a range of services that support refugees from structural disadvantages, cultural and social stress, marginalization, and other stressors related to migration. Using a three-pronged approach, our programs focus on legal advocacy, English language acquisition, and health and wellness. Following the Afghan humanitarian crisis, Elena’s Light has developed and intensified advocacy efforts in the legal realm to address the influx of refugees who desperately need assistance. We developed and hosted a Know Your Rights presentation with local immigration lawyers and professionals in February 2022 on the Afghan Humanitarian Parole, which was very successful with over 100 attendees. Elena’s Light is hosting the second Know Your Rights session in early August 2022 on immigration options for Afghans, including Temporary Protected Status (TPS), asylum, Special Immigrant Visa (SIV), and humanitarian parole. Lastly, EL is also leading the local initiative to develop a pro-bono committee to respond to the overwhelming need for lawyers to work on legal cases for Afghan during this crisis. Furthermore, through our other services, we provide free, in-home customizable ESL tutoring sessions to refugee women with a focus on driver’s education, facilitating acculturation, and improving employment opportunities. We also provide in-home maternal, pediatric, and mental health education and wellness services that are aimed at addressing the explicit and implicit barriers to healthcare for refugee populations. Elena’s Light’s diverse community aims to counter the structural disadvantages and anxiety-inducing emotions and experiences related to being a refugee. We would like to join this International Conference on Refugee Law since protecting refugee rights is our mission. We would like to share what we have learned from our legal initiatives for refugee rights. We would also like to listen, learn from, and discuss with experts and researchers how to better understand and advocate for refugee rights. We hope to improve our understanding of how to provide better legal aid for our clients through this conference.

Keywords: legal, advocacy, Afghan humanitarian crisis, policy, pro-bono

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3027 Artificial Intelligence Created Inventions

Authors: John Goodhue, Xiaonan Wei

Abstract:

Current legal decisions and policies regarding the naming as artificial intelligence as inventor are reviewed with emphasis on the recent decisions by the European Patent Office regarding the DABUS inventions holding that an artificial intelligence machine cannot be an inventor. Next, a set of hypotheticals is introduced and examined to better understand how artificial intelligence might be used to create or assist in creating new inventions and how application of existing or proposed changes in the law would affect the ability to protect these inventions including due to restrictions on artificial intelligence for being named as inventors, ownership of inventions made by artificial intelligence, and the effects on legal standards for inventiveness or obviousness.

Keywords: Artificial intelligence, innovation, invention, patent

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3026 Challenges of New Technologies in the Field of Criminal Law: The Protection of the Right to Privacy in the Spanish Penal Code

Authors: Deborah Garcia-Magna

Abstract:

The use of new technologies has become widespread in the last decade, giving rise to various risks associated with the transfer of personal data and the publication of sensitive material on social media. There are already several supranational instruments that seek to protect the citizens involved in this growing traffic of personal information and, especially, the most vulnerable people, such as minors, who are also the ones who make the most intense use of these new means of communication. In this sense, the configuration of the concept of privacy as a legal right has necessarily been influenced by these new social uses and supranational instruments. The researcher considers correct the decision to introduce sexting as a new criminal behaviour in the Penal Code in 2015, but questions the concrete manner in which it has been made. To this end, an updated review of the various options that our legal system already offered is made, assessing whether these legal options adequately addressed the new social needs and guidelines from jurisprudence and other supranational instruments. Some important issues emerge as to whether the principles of fragmentarity and subsidiarity may be violated since the new article 197.7 of the Spanish Penal Code could refer to very varied behaviours and protect not only particularly vulnerable persons. In this sense, the research focuses on issues such as the concept of 'seriousness' of the infringement of privacy, the possible reckless conduct of the victim, who hang over its own private material to third parties, the affection to other legal rights such as freedom and sexual indemnity, the possible problems of concurrent offences, etc.

Keywords: criminal law reform, ECHR jurisprudence, right to privacy, sexting

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3025 The EU’s Role in Exporting Digital Privacy and Security Standards: A Legal Framework for Global Normative Diffusion

Authors: Yuval Reinfeld

Abstract:

This paper explores the European Union’s expanding influence as a global regulatory power, particularly in the realms of legal, security, and privacy challenges within the digital landscape. As digital regulation becomes increasingly vital, the EU has positioned itself as a leading exporter of privacy and cybersecurity standards through landmark frameworks like the General Data Protection Regulation (GDPR), the Artificial Intelligence Act (AIA), and the Digital Services Act (DSA). These regulations have set global benchmarks, extending their influence well beyond Europe’s borders by shaping legal frameworks in third countries and guiding the development of global digital governance. Central to this regulatory diffusion is the European Court of Justice (CJEU), whose rulings consistently reinforce and extend the reach of EU standards on an international scale. Through mechanisms such as trade agreements, adequacy decisions, and multilateral cooperation, the EU has constructed a regulatory ecosystem that other jurisdictions increasingly adopt. This paper investigates key CJEU cases to illustrate how the EU’s legal instruments in privacy, security, and AI contribute to its role as a global standard-setter. By examining the intersection of digital governance, international law, and normative power, this research provides a thorough analysis of the EU’s regulatory impact on global privacy, cybersecurity, and AI frameworks.

Keywords: digital privacy, cybersecurity, GDPR, European Union Law, artificial intelligence, global normative power

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3024 How to Improve Teaching and Learning Strategies Through Educational Research. An Experience of Peer Observation in Legal Education

Authors: Luigina Mortari, Alessia Bevilacqua, Roberta Silva

Abstract:

The experience presented in this paper aims to understand how educational research can support the introduction and optimization of teaching innovations in legal education. In this increasingly complex context, a strong need to introduce paths aimed at acquiring not only professional knowledge and skills but also transversal such as reflective, critical, and problem-solving skills emerges. Through a peer observation intertwined with an analysis of discursive practices, researchers and the teacher worked together through a process of participatory and transformative accompaniment whose objective was to promote the active participation and engagement of students in learning processes, an element indispensable to work in the more specific direction of strengthening key competences. This reflective faculty development path led the teacher to activate metacognitive processes, becoming thus aware of the strengths and areas of improvement of his teaching innovation.

Keywords: legal education, teaching innovation, peer observation, discursive analysis, faculty development

Procedia PDF Downloads 167
3023 Effectiveness of a Malaysian Workplace Intervention Study on Physical Activity Levels

Authors: M. Z. Bin Mohd Ghazali, N. C. Wilson, A. F. Bin Ahmad Fuad, M. A. H. B. Musa, M. U. Mohamad Sani, F. Zulkifli, M. S. Zainal Abidin

Abstract:

Physical activity levels are low in Malaysia and this study was undertaken to determine if a four week work-based intervention program would be effective in changing physical activity levels. The study was conducted in a Malaysian Government Department and had three stages: baseline data collection, four-week intervention and two-month post intervention data collection. During the intervention and two-month post intervention phases, physical activity levels (determined by a pedometer) and basic health profiles (BMI, abdominal obesity, blood pressure) were measured. Staff (58 males, 47 females) with an average age of 33 years completed baseline data collection. Pedometer steps averaged 7,102 steps/day at baseline, although male step counts were significantly higher than females (7,861 vs. 6114). Health profiles were poor: over 50% were overweight/obese (males 66%, females 40%); hypertension (males 23%, females 6%); excess waist circumference (males 52%, females 17%). While 86 staff participated in the intervention, only 49 regularly reported their steps. There was a significant increase (17%) in average daily steps from 8,965 (week 1) to 10,436 (week 4). Unfortunately, participation in the intervention program was avoided by the less healthy staff. Two months after the intervention there was no significant difference in average steps/day, despite the fact that 89% of staff reporting they planned to make long-term changes to their lifestyle. An unexpected average increase of 2kg in body weight occurred in participants, although this was less than the 5.6kg in non-participants. A number of recommendations are made for future interventions, including the conclusion that pedometers were a useful tool and popular with participants.

Keywords: pedometers, walking, health, intervention

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3022 Jewish Law in Israel: State, Law, and Religion

Authors: Yuval Sinai

Abstract:

As part of the historical, religious and cultural heritage of the Jewish people, Jewish law is part of the legal system in Israel, which is a Jewish and democratic state. The proper degree of use of Jewish law in judicial decisions is an issue that crops up in Israeli law from time to time. This was a burning question in the 1980s in the wake of the enactment of the Foundations of Law Act 1980, which declared Jewish heritage a supplementary legal method to Israeli law. The enactment of the Basic Law: Human Dignity and Liberty 1992, which decreed that the basic Israeli legal principles must be interpreted in light of the values of a Jewish and democratic state, marks a significant change in the impact of Judaism in the law created and applied by the courts. Both of these legislative developments revived the initiative to grant a central status to Jewish law within the state law. How should Jewish law be applied in Israel’s secular courts? This is not a simple question. It is not merely a question of identifying the relevant rule of Jewish law or tracing its development from the Talmud to modern times. Nor is it the same as asking how a rabbinic court would handle the issue. It is a matter of delicate judgment to distill out of the often conflicting Jewish law sources a rule that will fit into the existing framework of Israeli law so as to advance a policy that will best promote the interests of Israel’s society. We shall point out the occasional tensions between Jewish religious law and secular law, and introduce opinions as to how reconciliation of the two can best be achieved in light of Jewish legal tradition and in light of the reality in the modern State of Israel.

Keywords: law and politics, law and religion, comparative law, law and society

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3021 Competition Law as a “Must Have” Course in Legal Education

Authors: Noemia Bessa Vilela, Jose Caramelo Gomes

Abstract:

All law student are familiarized, in the first years of their bachelor of laws with the concepts of “public goods” and “ private goods”; often, such legal concept does not exactly match such economic concept, and there are consequences are some sort of confusion being created. The list of goods that follow under each category is not exhaustive, nor are students given proper mechanisms to acknowledge that some legal fields can, on its own, be considered as a “public good”; this is the case of Competition. Legal authors consider that “competition law is used to promote public interest” and, as such, it is a “public good”; in economics theory, Competition is the first public good in a market economy, as the enabler of allocation efficiency. Competition law is the legal tool to support the proper functioning of the market economy and democracy itself. It is fact that Competition Law only applies to economic activities, still, competition is object of private litigation as an integral part of Public Law. Still, regardless of the importance of Competition Law in the economic activity and market regulation, most student complete their studies in law, join the Bar Associations and engage in their professional activities never having been given sufficient tools to deal with the increasing demands of a globalized world. The lack of knowledge of economics, market functioning and the mechanisms at their reach in order to ensure proper realization of their duties as lawyers/ attorneys-at-law would be tackled if Competition Law would be included as part of the curricula of Law Schools. Proper teaching of Competition Law would combine the foundations of Competition Law, doctrine, case solving and Case Law study. Students should to understand and apply the analytical model. Special emphasis should be given to EU Competition Law, namely the TFEU Articles 101 to 106. Damages Directive should also be part of the curriculum. Students must in the first place acquire and master the economic rationale as competition and the world of competition law are the cornerstone of sound and efficient market. The teaching of Competition Law in undergraduate programs in Law would contribute to fulfill the potential of the students who will deal with matters related to consumer protection, economic and commercial law issues both in private practice and as in-house lawyers for companies.

Keywords: higher education, competition law, legal education, law, market economy, industrial economics

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3020 Causal-Comparative Study on the Benefit of Faculty Intervention on Student Academic Performance

Authors: Anne Davies

Abstract:

Numerous students matriculating into university programs are surprised to find they are underprepared for the academic challenges of undergraduate studies. In many cases, they are unaware of their weaknesses as a scholar and unsure of how to develop their skills to succeed academically. Hypothesis: Early proactive intervention from faculty and staff members can mitigate academic issues and promote better student success outcomes. Method: After three weeks in their first semester, first-year students struggling-academically were recruited to attend individual weekly remediation sessions to develop effective learning practices. A causal-comparative methodology was used to evaluate their progress as compared to prior students with similar academic performances. Observations: Students welcomed the intervention from faculty and staff to remediate their individual needs. Those who received help in the third week had better outcomes than previous students with comparable performances who did not receive any interventional support. At the end of the semester, most students were back on track to complete their chosen degree programs. Conclusions: Early intervention by faculty and staff can improve the success of students in maintaining their status in their programs. In the future, this program will be incorporated into all first-year experience courses.

Keywords: Academic outcomes, program retention, remediation, undergraduate students

Procedia PDF Downloads 131