Search results for: legal technology

Authors: Masood Ahmed

Abstract:

There is a plethora of literature (including judicial and extra-judicial comments) concerning the virtues of alternative dispute resolution processes within the English civil justice system. Lord Woolf in his Access to Justice Report ushered in a new pro-ADR philosophy and this was reinforced by Sir Rupert Jackson in his review of civil litigation costs. More recently, Briggs LJ, in his review of the Chancery Court, reiterated the significant role played by ADR and the need for better integration of ADR processes within the Chancery Court. His Lordship also noted that ADR which had failed to produce a settlement (i.e. a failed-ADR) continued to play a significant role in contributing to a ‘substantial narrowing of the issues or increased focus on the key issues’ which were ‘capable of assisting both the parties and the court in the economical determination of the dispute at trial.’ With the assistance of empirical data, this paper investigates the nature of failed-ADR and, in particular, assesses the effectiveness of failed-ADR processes as a tool in: (a) narrowing the legal and/or factual issues which may assist the courts in more effective and efficient case management of the dispute; (b) assisting the parties in the future settlement of the matter. This paper will also measure the effectiveness of failed-ADR by considering the views and experiences of legal practitioners who have engaged in failed-ADR.

Keywords: English civil justice system, alternative dispute resolution processes, civil court process, empirical data from legal profession regarding failed ADR

Procedia PDF Downloads 465

Authors: Leila Goosen, Toppie N. Mukasa-Lwanga

Abstract:

The purpose of this paper relates to exploring academics’ use of distance education technologies for empowerment and equity in an Information Technology environment. Literature was studied on academics’ technology use towards effective teaching and meaningful learning in a distance education Information Technology environment. Main arguments presented center on formulating and situating significant concepts within an appropriate theoretical and conceptual framework, including those related to distance education, throughput and other measures of academic efficiency. The research design, sampling, data collection instrument and the validity and reliability thereof, as well as the data analysis method used is described. The paper discusses results related to academics’ use of technology towards effective teaching and meaningful learning in a distance education Information Technology environment. Conclusions are finally presented on the way in which this paper makes a significant and original contribution regarding academics’ use of technology towards effective teaching and meaningful learning in a distance education Information Technology environment.

Keywords: distance, education, technologies, Information Technology Environment

Procedia PDF Downloads 523

Authors: Youmen Chaaban, Maha Ellili-Cherif

Abstract:

The purpose of this study was to examine the effects of teachers’ individual characteristics and perceptions of environmental factors that impact their technology integration into their EFL (English as a Foreign Language) classrooms. To this end, a national survey examining EFL teachers’ perceptions was conducted at Qatari Independent schools. 263 EFL teachers responded to the survey which investigated several factors known to impact technology integration. These factors included technology availability and support, EFL teachers’ perceptions of importance, obstacles facing technology integration, competency with technology use, and formal technology preparation. The impact of these factors on teachers’ and students’ educational technology use was further measured. The analysis of the data included descriptive statistics and a chi-square analysis test in order to examine the relationship between these factors. The results revealed important cultural factors that impact teachers’ practices and attitudes towards technology in the Qatari context. EFL teachers were found to integrate technology most prominently for instructional delivery and preparation. The use of technology as a learning tool received less emphasis. Teachers further revealed consistent perceptions about obstacles to integration, high levels of confidence in using technology, and consistent beliefs about the importance of using technology as a learning tool. Further analyses of the factors impacting technology integration can assist with Qatar’s technology advancement and development efforts by indicating the areas of strength and areas where additional efforts are needed. The results will lay the foundation for conducting context-specific professional development suitable for the needs of EFL teachers in Qatari Independent Schools.

Keywords: educational technology integration, Qatar, EFL, independent schools, ICT

Procedia PDF Downloads 383

Authors: M. Maleki Sadabad, A. Pointing, N. Marashi

Abstract:

With respect to the role and increasing importance of technology for countries development, in recent decades technology development has paid attention in a systematic form. Nowadays the markets face with highly complicated and competitive conditions in foreign markets, therefore, evaluation and selection of technology effectiveness and also formulating technology strategy have changed into a vital subject for some organizations. The study introduces the standards of empowerment evaluation and technology attractiveness especially strategic technologies which explain the way of technology evaluation, selection and finally formulating suitable technology strategy in the field of drilling in South Azadegan oil field. The study firstly identifies the key challenges of oil fields in order to evaluate the technologies in field of drilling in South Azadegan oil field through an interview with the experts of industry and then they have been prioritised. In the following, the existing and new technologies were identified to solve the challenges of South Azadegan oil field. In order to explore the ability, availability, and attractiveness of every technology, a questionnaire based on Julie indices has been designed and distributed among the industry elites. After determining the score of ability, availability and attractiveness, every technology which has been obtained by the average of expert’s ideas, the technology package has been introduced by Morin’s model. The matrix includes four areas which will follow the especial strategy. Finally, by analysing the above matrix, the technology options have been suggested in order to select and invest.

Keywords: technology, technology identification, drilling technologies, technology capability

Procedia PDF Downloads 142

Authors: Sonny Dewi Judiasih

Abstract:

The principle of a marriage is to achieve a happy and eternity family based on the willing of the God. The family has a fundamental role in the society as a social individual and as a nuclear family consists of father, mother, and children. Thus, each family always would like to have children who will continue the family. However, not all family will be blessed with children and consequently, there is family without children. Therefore, the said the certain family will do any effort to fulfill the wish to have children. One of the ways is to adopt children. The implementation of child adoption is conducted by the family who does not have children but sometimes child adoption is conducted by a family who has already children. The implementation of child adoption is based on the interest of the welfare and the intellectual of the said child. Moreover, it should be based on the social liability of the individual in accordance with the developing of the traditional values as part of the nation culture. The child adoption is conducted for the welfare of the child demonstrates that a change on the basic motive (value) whereby in the past the child adoption is to fulfill the wish of foster parent (to have children in the family). Nowadays the purpose of child adoption is not merely for the interest of foster parent but in particular for the interest, welfare and the future of the child. The development of the society has caused the occurrence of changes of perspective in the society which lead to a need for new law. The court of justice has an impact of such changes. It is evidenced by the court order for child adoption in the legal framework of certainty of law. The changes of motives (value) of the child adoption in the society can be fully understood in the event that the society fully understand that the ultimate purpose of Indonesia nation is to achieve a justice and prosperity society, i.e., social welfare for all Indonesian people.

Keywords: child adoption, family law, legal protection, children

Procedia PDF Downloads 468

Authors: S. Karthikeyan, Naveen Bindra

Abstract:

Introduction: To update ourselves and understand the concept of latest electronic formats available for Health care providers and how it could be used and developed as per standards. The idea is to correlate between the patients Manual Medical Records keeping and maintaining patients Electronic Information in a Health care setup in this world. Furthermore this stands with adapting to the right technology depending upon the organization and improve our quality and quantity of Healthcare providing skills. Objective: The concept and theory is to explain the terms of Electronic Medical Record (EMR), Electronic Health Record (EHR) and Personal Health Record (PHR) and selecting the best technical among the available Electronic sources and software before implementing. It is to guide and make sure the technology used by the end users without any doubts and difficulties. The idea is to evaluate is to admire the uses and barriers of EMR-EHR-PHR. Aim and Scope: The target is to achieve the health care providers like Physicians, Nurses, Therapists, Medical Bill reimbursements, Insurances and Government to assess the patient’s information on easy and systematic manner without diluting the confidentiality of patient’s information. Method: Health Information Technology can be implemented with the help of Organisations providing with legal guidelines and help to stand by the health care provider. The main objective is to select the correct embedded and affordable database management software and generating large-scale data. The parallel need is to know how the latest software available in the market. Conclusion: The question lies here is implementing the Electronic information system with healthcare providers and organisation. The clinicians are the main users of the technology and manage us to ‘go paperless’. The fact is that day today changing technologically is very sound and up to date. Basically the idea is to tell how to store the data electronically safe and secure. All three exemplifies the fact that an electronic format has its own benefit as well as barriers.

Keywords: medical records, digital records, health information, electronic record system

Procedia PDF Downloads 459

Authors: Rafal Morawczynski

Abstract:

The paper presents results of a study of technology angels in Poland, who are important for the development of the high technology industries. For entrepreneurs, they offer not only capital but also expertise, engagement, and networking. A technology angel is a relatively new type of investor who invests in high-tech start-ups and supports their founders (entrepreneurs) in the development process of a new venture. Conclusions are drawn from a comparison between 8 technology angels and 7 'classical' business angels. Results present features and behaviors of technology angels that distinguish them from traditional (typical, classic) business angels. As this type of investor actively cooperates with entrepreneurs, the study focuses mainly on their perception of venture founders and several aspects of this cooperation: perception of entrepreneurs’ characteristics by angels, correction of expectations toward corporate governance, and 'value adding' activities.

Keywords: business angels, entrepreneurs, Poland, start-up, technology entrepreneurship, venture capital

Procedia PDF Downloads 188

Authors: Wendy de Gomez

Abstract:

Standardization is a critical element in the ability of a society to reduce uncertainty, subjectivity, misrepresentation, and interpretation while simultaneously contributing to innovation. Technological standardization is critical to codify specific operationalization through legal instruments that provide rules of development, expectation, and use. In the current emerging technology landscape Artificial Intelligence (AI) hardware as a general use technology has seen incredible growth as evidenced from AI technology patents between 2012 and 2018 in the United States Patent Trademark Office (USPTO) AI dataset. However, as outlined in the 2023 United States Government National Standards Strategy for Critical and Emerging Technology the codification through standardization of emerging technologies such as AI has not kept pace with its actual technological proliferation. This gap has the potential to cause significant divergent possibilities for the downstream outcomes of AI in both the short and long term. This original empirical research provides an overview of the standardization efforts around AI in different geographies and provides a background to standardization law. It quantifies the longitudinal trend of Artificial Intelligence hardware patents through the USPTO AI dataset. It seeks evidence of existing Standard Essential Patents from these AI hardware patents through a text analysis of the Statement of patent history and the Field of the invention of these patents in Patent Vector and examines their determination as a Standard Essential Patent and their inclusion in existing AI technology standards across the four main AI standards bodies- European Telecommunications Standards Institute (ETSI); International Telecommunication Union (ITU)/ Telecommunication Standardization Sector (-T); Institute of Electrical and Electronics Engineers (IEEE); and the International Organization for Standardization (ISO). Once the analysis is complete the paper will discuss both the theoretical and operational implications of F/Rand Licensing Agreements for the owners of these Standard Essential Patents in the United States Court and Administrative system. It will conclude with an evaluation of how Standard Setting Organizations (SSOs) can work with SEP owners more effectively through various forms of Intellectual Property mechanisms such as patent pools.

Keywords: patents, artifical intelligence, standards, F/Rand agreements

Procedia PDF Downloads 87

Authors: Giovanna Carugno

Abstract:

The concept of invention is rarely scrutinized by legal scholars since it is a slippery one, full of nuances and difficult to be defined. When does an idea become relevant for the patent law? When is it simply possible to talk of what an invention is? It is the first question to be answered to obtain a patent, but it is sometimes neglected by treaties or reduced to very simple and automatically re-cited definitions. Maybe, also because it is more a transnational and cultural concept than a mere institution of law. Tautology is used to avoid the challenge (in the United States patent regulation, the inventor is the one who contributed to have a patentable invention); in other case, a clear definition is surprisingly not even provided (see, e.g., the European Patent Convention). In Europe, the issue is still more complicated because there are several different solutions elaborate inorganically be national systems of courts varying one to the other only with the aim of solving different IP cases. Also a neighbor domain, like copyright law, is not assisting us in the research, since an author in this field is entitles to be the 'inventor' or the 'author' and to protect as far as he produces something new. Novelty is not enough in patent law. A simple distinction between mere improvement that can be achieved by a man skilled in the art (a sort of reasonable man, in other sectors) or a change that is not obvious rising to the dignity of protection seems not going too far. It is not still defining this concept; it is rigid and not fruitful. So, setting aside for the moment the issue related to the definition of the invention/inventor, our proposal is to scrutinize the possible self-sufficiency of a system in which the inventor or the improver should be awarded of royalties or similar compensation according to the economic improvement he was able to bring. The law, in this case, is in the penumbras of misleading concepts, divided between facts that are obscure and technical, and not involving necessarily legal issues. The aim of this paper is to find out a single definition (or, at least, the minimum elements common in the different legal systems) of what is (legally) an invention and what can be the hints to practically identify an authentic invention. In conclusion, it will propose an alternative system in which the invention is not considered anymore and the only thing that matters are the revenues generated by technological improvement, caused by the worker's activity.

Keywords: comparative law, intellectual property, invention, patents

Procedia PDF Downloads 181

Authors: Elizabeth Carthy

Abstract:

There is growing recognition that sexual exploitation and abuse (SEA) perpetrated by humanitarian workers is widespread, most recently affirmed by allegations of high-ranking Oxfam officials paying women for sex in post-earthquake Haiti. SEA covers a range of gendered abuses, including rape, sexual assault, and ‘transactional’ or ‘survival’ sex. Holding individuals legally accountable for such behaviors is difficult in all contexts even more so in fragile and conflict-affected settings. Transactional sex, for the purposes of this paper, refers to situations where humanitarian workers exchange aid or assistance for sexual services. This paper explores existing organizational accountability measures relating to transactional sex engaged in by international humanitarian workers through a descriptive and interpretive case study approach-examining the situation in Haiti. It comparatively analyses steps the United Nations has taken to combat this problem. Then it examines the possibility of domestic legal accountability for such conduct in Haiti. Finally, the paper argues that international human rights law can fill in potential gaps in domestic legal frameworks to ensure states hold humanitarian workers and potentially organizations accountable for engaging in and/or perpetuating this gendered abuse of power.

Keywords: gender-based violence, humanitarian action, international human rights law, sexual exploitation

Procedia PDF Downloads 164

Authors: Adel Gurel, Ozge Ceylin Yildirim

Abstract:

Nowadays, design and architecture are being affected and underwent change with the rapid advancements in technology, economics, politics, society and culture. Architecture has been transforming with the latest developments after the inclusion of computers into design. Integration of design into the computational environment has revolutionized the architecture and new perspectives in architecture have been gained. The history of architecture shows the various technological developments and changes in which the architecture has transformed with time. Therefore, the analysis of integration between technology and the history of the architectural process makes it possible to build a consensus on the idea of how architecture is to proceed. In this study, each period that occurs with the integration of technology into architecture is addressed within historical process. At the same time, changes in architecture via technology are identified as important milestones and predictions with regards to the future of architecture have been determined. Developments and changes in technology and the use of technology in architecture within years are analyzed in charts and graphs comparatively. The historical process of architecture and its transformation via technology are supported with detailed literature review and they are consolidated with the examination of focal points of 20th-century architecture under the titles; parametric design, genetic architecture, simulation, and biomimicry. It is concluded that with the historical research between past and present; the developments in architecture cannot keep up with the advancements in technology and recent developments in technology overshadow the architecture, even the technology decides the direction of architecture. As a result, a scenario is presented with regards to the reach of technology in the future of architecture and the role of the architect.

Keywords: computer technologies, future architecture, scientific developments, transformation

Procedia PDF Downloads 191

Authors: Izabela Nowicka, Jacek Dworzecki

Abstract:

The paper will be presented to selected legal and organizational solutions for the prevention and combating of terrorism by the police in Poland. Development will include information on the organization and functioning of the police anti-terrorist sub-units, whose officers are on the front line of the fight against terrorism. They will be presented to the conditions and cases of use of firearms by police officers in the course of special operations aimed against organizations and terrorist groups, and the perpetrators of criminal acts of terrorism as well as the legal foundation for the Polish police to take immediate counterterrorism operations. Article will be prepared in the context of an international research project entitled. Understand the Dimensions of Organised Crime and Terrorist Networks for Developing Effective and Efficient Security Solutions for First-line-practitioners and Professionals [Project: H2020-FCT-2015, No: 700688].

Keywords: the fight against terrorism, police, Poland, takedown

Procedia PDF Downloads 332

Authors: K. Y. S. Putri, Heri Fathurahman, Yuki Surisita, Widi Sagita, Kiki Dwi Arviani

Abstract:

Society needs the assistance of academics in understanding and being skilled in health communication literacy. Information technology runs very fast while health communication literacy skills in getting health communication information during the pandemic are not as fast as the development of information technology. The research question is whether there is an influence of health communication on information technology in health information during the pandemic in Indonesia. The purpose of the study is to find out the influence of health communication on information technology in health information during the pandemic in Indonesia. The concepts of health communication literacy and information technology are used this study. Previous research is in support of this study. Quantitative research methods by disseminating questionnaires in this study. The validity and reliability test of this study is positive, so it can proceed to the next statistical analysis. Descriptive results of variable health communication literacy are of positive value in all dimensions. All dimensions of information technology are of positive value. Statistical tests of the influence of health communication literacy on information technology are of great value. Discussion of both variables in the influence of health communication literacy and high-value information technology because health communication literacy has a high effect in information technology. Respondents to this study have high information technology skills. So that health communication literacy in obtaining health information during the 2019-2022 pandemic is needed. Research advice is that academics are still very much needed by the community in the development of society during the pandemic.

Keywords: health information, health information needs, literacy health communication, information technology

Procedia PDF Downloads 139

Authors: Djehich Mohamed Yousri

Abstract:

In recent years, the world has witnessed a phenomenon of displacement that is unprecedented in history. The number of refugees has reached record levels, due to wars, persecution, many conflicts and repression in a number of countries. The interest of United Nations bodies and international and regional organizations in the issue of refugees has increased, as they have defined a refugee and thus Determining who is entitled to this legal protection, and the 1951 Convention for the Protection of Refugees defines rights for refugee protection and sets obligations that they must perform. The institutional mechanisms for refugee protection are represented in the various agencies that take care of refugee affairs. At the forefront of these agencies is the United Nations High Commissioner for Refugees, as well as the various efforts provided by the International Committee of the Red Cross and the United Nations Relief and Works Agency for Palestine Refugees in the Middle East (UNRWA).

Keywords: protection, refugees, international, persecution, legal

Procedia PDF Downloads 78

Authors: Stephen Gerome

Abstract:

This study examines the translation and use of metaphors in the realm of public safety discourse and intends to shed light on a continuing problem in cross-cultural communication. Metaphors can cause problems not only within languages but also in interlingual communication. The use and misuse of metaphors may hinder the ability to adequately communicate prevention efforts and, in some cases, facilitate and allow financial crime to go undetected. The use of lexicalized metaphors in communications by political entities, journalists, and legal agents in communications regarding law, policy making, compliance monitoring and enforcement as well as in adjudication can have negative consequences if misconstrued. This study provides examples of metaphor usage in published documents in a corpus linguistic study that compares the use of lexicalized metaphors in this discourse to shed light on possible unexpected consequences as well as counterproductive ones.

Keywords: translation, legal, corpus linguistics, financial

Procedia PDF Downloads 119

Authors: Hassan Manouchehri

Abstract:

The present study aimed to identify and evaluate the factors affecting violence against women. The statistical population included all couples referring to family counseling centers in Tehran due to domestic violence during the past year. A number of 305 people were selected as a statistical sample using simple random sampling and Cochran's formula in unlimited conditions. A researcher-made questionnaire including 110 items was used for data collection. The face validity and content validity of the questionnaire were confirmed by 30 experts and its reliability was obtained above 0.7 for all studied variables in a preliminary test with 30 subjects and it was acceptable. In order to analyze the data, descriptive statistical methods were used with SPSS software version 22 and inferential statistics were used for modeling structural equations in Smart PLS software version 2. Evaluating the theoretical framework and domestic and foreign studies indicated that, in general, four main factors, including cultural and social factors, economic factors, legal factors, as well as medical factors, underlie violence against women. In addition, structural equation modeling findings indicated that cultural and social factors, economic factors, legal factors, and medical factors affect violence against women.

Keywords: violence against women, cultural and social factors, economic factors, legal factors, medical factors

Procedia PDF Downloads 141

Authors: Abdulmajeed Abdullah Alqarni

Abstract:

This paper is devoted a study of the current frameworks applicable to foreign investments at the levels of domestic and international law, with a particular focus on the legitimate balance to be achieved between the rights of the host state and the legal protections owed to foreign investors. At the wider level of analysis, the paper attempts to map and critically examine the relationship between foreign investment and economic development. In doing so, the paper offers a study in how current discourses and practices on investment law can reconcile the competing interests of developing and developed countries. The study draws on the growing economic imperative for developing nations to create a favorable investment climate capable of attracting private foreign investment. It notes that that over the past decades, an abundance of legal standards that establish substantive and procedural protections for legal forms of foreign investments in the host countries have evolved and crystalized. The study then goes on to offer a substantive analysis of legal reforms at the domestic level in countries such as Saudi Arabia before going on to provide an in- depth and substantive examination of the most important instruments developed at the levels of international law: bilateral investment agreements and double taxation agreements. As to its methods, the study draws on case studies and from data assessing the link between double taxation and economic development. Drawing from the extant literature and doctrinal research, and international and comparative jurisprudence, the paper excavates and critically examines contemporary definitions and norms of international investment law, many of which have been given concrete form and specificity in an ever-expanding number of bilateral and multilateral investment treaties. By reconsidering the wider challenges of conflicts of law and jurisdiction, and the competing aims of the modern investment law regime, the study reflects on how bilateral investment treaties might succeed in achieving the dual aims of rights protection and economic sovereignty. Through its examination of the double taxation phenomena, the study goes on to identify key practical challenges raised by the implementation of bilateral treaties whilst also assessing the sufficiency of the domestic and international legal solutions that are proposed in response. In its final analysis, the study aims to contribute to existing scholarship by assessing contemporary legal and economic barriers to the free flow of investment with due regard for the legitimate concerns and diversity of developing nations. It does by situating its analysis of the domestic enforcement of international investment instrument in its wider historical and normative context. By focusing on the economic and legal dimensions of foreign investment, the paper also aims to offer an interdisciplinary and holistic perspective on contemporary issues and developments in investment law while offering practical reform proposals that can be used to be achieve a more equitable balance between the rights and interests of states and private entities in an increasingly trans nationalized sphere of investment regulation and treaty arbitration.

Keywords: foreign investment, bilateral investment treaties, international tax law, double taxation treaties

Procedia PDF Downloads 88

Authors: Sara Vora (Hoxha)

Abstract:

Defamation, invasion of privacy, and cyberbullying have all increased in tandem with the growth of the internet. European international private law may struggle to deal with such transgressions if they occur in many jurisdictions. The current study examines how effectively the legal system of European international private law addresses abuses of personality rights in cyberspace. The study starts by discussing how established legal frameworks are being threatened by online personality rights abuses. The article then looks into the rules and regulations of European international private law that are in place to handle overseas lawsuits. This article examines the different elements that courts evaluate when deciding which law to use in a particular case, focusing on the concepts of jurisdiction, choice of law, and recognition and execution of foreign judgements. Next, the research analyses the function of the European Union in preventing and punishing online personality rights abuses. Key pieces of law that control the collecting and processing of personal data on the Internet, including the General Data Protection Regulation (GDPR) and the e-Commerce Directive, are discussed. In addition, this article investigates how the ECtHR handles cases involving the infringement of personal freedoms, including privacy and speech. The article finishes with an assessment of how well the legal framework of European international private law protects individuals' right to privacy online. It draws attention to problems with the present legal structure, such as the inability to enforce international judgements, the inconsistency between national laws, and the necessity for stronger measures to safeguard people' rights online. This paper concludes that while European international private law provides a useful framework for dealing with violations of personality rights online, further harmonisation and stronger enforcement mechanisms are necessary to effectively protect individuals' rights in the digital age.

Keywords: European international private law, personality rights, internet, jurisdiction, cross-border disputes, data protection

Procedia PDF Downloads 73

Authors: Filip Ščerba, Veronika Pochylá

Abstract:

Performing of the acts within criminal proceedings usually takes too long and thus this phenomenon can be regarded as one of the most burning problems which have plagued the criminal justice not only in the Czech Republic but at least all over Europe for the last few decades. This problem obviously has to be dealt with and thus the need to tackle this issue has resulted in the trend which is sometimes called Criminal Justice Rationalization, i.e. introducing and enforcing methods supporting the increase in efficiency of the criminal justice in order to make the criminal proceedings shorter and administrative procedure easier. This resulted in the introduction of institutes such as e.g. diversions in criminal proceedings or other forms of shortened pre-trial proceedings, which may be used primarily for dealing with less serious crimes. But also the institute, which was originally mentioned in connection with the system of criminal law in the countries belonging to the Anglo-Saxon legal order where it is frequently called of plea bargaining, has been introduced into the criminal law of many European countries, and it may be applied also in cases of serious crimes. All these special and shortened forms of criminal proceedings are connected with limited extent of process of evidence; in fact, some of these specific forms of criminal proceedings are designed for the purpose to simplify the process of evidence. That is also the reason, why some of these procedures are conditioned with the defendant’s confession. Main hypothesis: Limited process of evidence represents also a potential conflict with certain fundamental principles upon which the criminal proceeding in the Continental legal system is based. (A conflict with principle of material truth may be considered as the most important problem. This principle states that the bodies in criminal proceedings must clarify the facts of the case beyond reasonable doubt to such extent that a decision can be made; the defendant’s confession does not mean that these bodies are freed from the duty to review all the circumstances and facts of the case. Such principle is typical for criminal law in Central European region.) Basic methodologies: The paper is going to analyze such a problem of weakening of the principle of material truth in modern criminal law. Such analysis will be provided primarily on the base of the Czech criminal law, but also other legal regulations will be taken into consideration, and its result may have some relevance for all legal regulations belonging to the Continental legal system, so the paper offers also a comparison with legal systems of other Central European countries.

Keywords: burden of proof, central European countries, criminal justice rationalization, criminal proceeding, Czech legislation, Czech republic, defendant, diversions, evidence, fundamental principles, plea bargaining, pre-trial proceedings, principle of material truth, process of evidence, process of evidence

Procedia PDF Downloads 287

Authors: Sunghae Jun

Abstract:

Technology management (TM) is important issue in a company improving the competitiveness. Among many activities of TM, technology analysis (TA) is important factor, because most decisions for management of technology are decided by the results of TA. TA is to analyze the developed results of target technology using statistics or Delphi. TA based on Delphi is depended on the experts’ domain knowledge, in comparison, TA by statistics and machine learning algorithms use objective data such as patent or paper instead of the experts’ knowledge. Many quantitative TA methods based on statistics and machine learning have been studied, and these have been used for technology forecasting, technological innovation, and management of technology. They applied diverse computing tools and many analytical methods case by case. It is not easy to select the suitable software and statistical method for given TA work. So, in this paper, we propose a methodology for quantitative TA using statistical computing software called R and data science to construct a general framework of TA. From the result of case study, we also show how our methodology is applied to real field. This research contributes to R&D planning and technology valuation in TM areas.

Keywords: technology management, R system, R data science, statistics, machine learning

Procedia PDF Downloads 457

Authors: Pradeep Kulshrestha, Maulana Ayoub Ali

Abstract:

The level of penetration of Islamic banking products and services has recorded a reasonable growth at an exponential rate in many parts of the world. There are many factors which have contributed to this growth including, but not limited to the rapid growth of number of Muslims who are uncomfortable with the conventional ways of banking, interest and higher interest rates scheduled by conventional banks and financial institutions as well as the financial inclusion campaign conducted in many countries. The system is facing legal challenges which open the research fdoor for practitioners and academicians for the sake of finding out solutions to those challenges. This paper tries to investigate the development of the Islamic banking system in the United Kingdom (UK), Saudi Arabia, Malaysia, Iran, Kenya, Nigeria and Uganda in order to understand the modalities which have been employed to run an Islamic banking system in the aforementioned countries. The methodology which has been employed in doing this research paper is Doctrinal, of which legislations, policies and other legal tools have been carefully studied and analysed. Again, papers from academic journals, books and financial reports have been deeply analysed for the purpose of enriching the paper and come up with a tangible results. The paper found that in Asia, Malaysia has created the smoothest legal platform for Islamic banking system to work properly in the country. The United Kingdom has tried harder to smooth the banking system without affecting the conventional banking methods and without favouring the operations of Islamic banks. It also tries harder to make UK as an Islamic banking and finance hub in Europe. The entire banking system in Iran is Islamic, while Nigeria has undergone several legal reforms to suit Islamic banking system in the country. Kenya and Uganda are at a different pace in making Islamic Banking system work alongside the conventional banking system.  

Keywords: shariah, Islamic banking, law, alternative banking

Procedia PDF Downloads 151

Authors: Azizakhanim Maharramli

Abstract:

The gradual transition from entrenched traditional technology and organization of construction production to innovative additive construction technology inevitably meets technological, technical, organizational, labour, and, finally, social difficulties. Therefore, the chosen nodal method will lead to the elimination of the above difficulties, combining some of the usual methods of construction and the myth in world practice that the labour force is subjected to a strong stream of reduction. The nodal method of additive technology will create favourable conditions for the optimal degree of distribution of labour across facilities due to the consistent performance of homogeneous work and the introduction of additive technology and traditional technology into construction production.

Keywords: parallel method, sequential method, stream method, combined method, nodal method

Procedia PDF Downloads 94

Authors: Qisheng Hu, Jianglei Han, Yue Yang, My Hoa Ha

Abstract:

When a company is considering purchasing software for commercial use, contract risk assessment is critical to identify risks to mitigate the potential adverse business impact, e.g., security, financial and regulatory risks. Contract risk assessment requires reviewers with specialized knowledge and time to evaluate the legal documents manually. Specifically, validating contracts for a software vendor requires the following steps: manual screening, interpreting legal documents, and extracting risk-prone segments. To automate the process, we proposed a framework to assist legal contract document risk identification, leveraging pre-trained deep learning models and natural language processing techniques. Given a set of pre-defined risk evaluation problems, our framework utilizes the pre-trained transformer-based models for question-answering to identify risk-prone sections in a contract. Furthermore, the question-answering model encodes the concatenated question-contract text and predicts the start and end position for clause extraction. Due to the limited labelled dataset for training, we leveraged transfer learning by fine-tuning the models with the CUAD dataset to enhance the model. On a dataset comprising 287 contract documents and 2000 labelled samples, our best model achieved an F1 score of 0.687.

Keywords: contract risk assessment, NLP, transfer learning, question answering

Procedia PDF Downloads 129

Authors: Thomas Chong, Irene Victor

Abstract:

This paper discusses the history and plausible future of assistive technology and what it means for students with disabilities in Singapore, a country known for its high quality of education in the world. Over more than a century, students with disabilities have benefitted from relatively low-tech assistive technology (like eye-glasses, Braille, magnifiers and wheelchairs) to high-tech assistive technology including electronic mobility switches, alternative keyboards, computer-screen enlargers, text-to-speech readers, electronic sign-language dictionaries and signing avatars for individuals with hearing impairments. Driven by legislation, the use of assistive technology in many countries is becoming so ubiquitous that more and more students with disabilities are able to perform as well as if not better than their counterparts. Yet in many other learning environments where assistive technology is not affordable or mandated, the learning gaps can be quite significant. Without stronger legislation, Singapore may still have a long way to go in levelling the playing field for its students with disabilities.

Keywords: assistive technology, students with disabilities, disability laws in Singapore, inclusiveness

Procedia PDF Downloads 74

Authors: Daphne Sobolev, Niklas Voege

Abstract:

During the last three decades, consumer ethics perceptions have attracted the attention of a large number of researchers. Nevertheless, little is known about the effect of the cognitive and situational contexts of the decision on ethics judgments. In this paper, the interrelationship between consumers’ ethics perceptions, legality evaluations and mind-sets are explored. Legality evaluations represent the cognitive context of the ethical judgments, whereas mind-sets represent their situational context. Drawing on moral development theories and priming theories, it is hypothesized that both factors are significantly related to consumer ethics perceptions. To test this hypothesis, 289 participants were allocated to three mind-set experimental conditions and a control group. Participants in the mind-set conditions were primed for aggressiveness, politeness or awareness to the negative legal consequences of breaking the law. Mind-sets were induced using a sentence-unscrambling task, in which target words were included. Ethics and legality judgments were assessed using consumer ethics and internet ethics questionnaires. All participants were asked to rate the ethicality and legality of consumer actions described in the questionnaires. The results showed that consumer ethics and legality perceptions were significantly correlated. Moreover, including legality evaluations as a variable in ethics judgment models increased the predictive power of the models. In addition, inducing aggressiveness in participants reduced their sensitivity to ethical issues; priming awareness to negative legal consequences increased their sensitivity to ethics when uncertainty about the legality of the judged scenario was high. Furthermore, the correlation between ethics and legality judgments was significant overall mind-set conditions. However, the results revealed conflicts between ethics and legality perceptions: consumers considered 10%-14% of the presented behaviors unethical and legal, or ethical and illegal. In 10-23% of the questions, participants indicated that they did not know whether the described action was legal or not. In addition, an asymmetry between the effects of aggressiveness and politeness priming was found. The results show that the legality judgments and mind-sets interact with consumer ethics perceptions. Thus, they portray consumer ethical judgments as dynamical processes which are inseparable from other cognitive processes and situational variables. They highlight that legal and ethical education, as well as adequate situational cues at the service place, could have a positive effect on consumer ethics perceptions. Theoretical contribution is discussed.

Keywords: consumer ethics, legality judgments, mind-set, priming, aggressiveness

Procedia PDF Downloads 297

Authors: Mohammad Jamiu Abdullahi, Shykh Ahmed Abdussalam

Abstract:

The emergence of Arabic on the shore of West Africa heralded the practise of Islam and advocation for a just and egalitarian society. Islam, it was argued, has been perverted and subverted by the Hausa leadership. This necessitated the call for reforming Islam. Al-Shaykh Usman Bin Fodio grabbed the opportunity and fought the perverts to restore the glory of Islam and establish shari'ah way of life. This was the practice, especially in the northern part of Nigeria until the incursion of colonialism. The conquest of the colonial master halted the rule of jihadi leaderships and subjected them to colonialism under which only some aspects of Islamic system considered potentially beneficial to the British interest were retained. The current socio-political and economic crises in Nigeria has necessitated the need to look inwardly to the bulk of works, in Arabic, left behind by the Muslim scholars to help to salvage the country from its present political crisis, economic paralysis and legal decadence. This paper, therefore, examines the relevance of Arabic literary works that housed political/legal theories to salvaging the country from its present political crises, economic paralysis and legal decadence.

Keywords: Arabic Fodio Nigeria security, advocacy governance scholar Usman, British colonial perspective shaykh, leadership Islam jihad politics

Procedia PDF Downloads 335

Authors: Ayoub Kafyulilo, Petra Fisser, Joke Voogt

Abstract:

This study was conducted to assess the continuation of the use of technology in science and mathematics teaching of the pre-service and in-service teachers who attended the professional development programme. It also assessed professional development, personal, institutional, and technological factors contributing to the continuous use of technology in teaching. The study involved 42 teachers, thirteen pre-service teachers, and twenty-nine in-service teachers. A mixed-method research approach was used to collect data for this study. Findings showed that the continuous use of technology in teaching after the termination of the professional development arrangement was high among the pre-service teachers, and differed for the in-service teachers. The regression model showed that knowledge and skills, access to technology and ease of use were strong predictors (R2 = 55.3%) of the teachers’ continuous use of technology after the professional development arrangement. The professional development factor did not have a direct effect on the continuous use of technology, rather had an influence on personal factors (knowledge and skills). In turn, the personal factors had influence on the institutional factors (access to technology) and technological factors (ease of use), which together had an effect on the teachers’ continuous use of technology in teaching.

Keywords: technology, professional development, teachers, science and mathematics

Procedia PDF Downloads 160

Authors: Tomasz Kosicki

Abstract:

The subject of the presentation will be the administrative and legal instruments of disciplining maintenance debtors adopted by the Polish legislator, the substantive legal bases of which were adopted in the Act of 7 September 2007 on assistance to persons entitled to maintenance (Journal of Laws of 2022, item 1205). These provisions are complemented by procedural regulations resulting from the Act of 14 June 1960 - Code of Administrative Procedure (Journal of Laws of 2021, item 735, as amended). The first part of the paper will focus on the administrative proceedings regarding the recognition of the debtor as evading maintenance obligations. The initiation of this procedure ex officio is preceded by a number of actions by public administration bodies, including Conducting a maintenance interview with the debtor, during which his health and professional situation and the reasons for non-payment of maintenance are determined, Professional activation in a situation where the lack of payment of maintenance results from the lack of employment. The reasons for initiating the above-mentioned administrative proceedings ex officio will be indicated, taking into account the current views of the judicial decisions. The second part of the paper will focus on the instrument of retaining the driving license of the debtor, who was previously found to be evading maintenance. The author points out that the detention of the driving license is one of the types of administrative sanctions of a very severe nature. Doubts of a constitutional nature will also be highlighted, as well as those concerning the effectiveness of this legal instrument and the protection of the debtor's rights. The thesis will be presented that the administrative procedure for the retention of a driving license does not fulfill its role and especially does not affect the collection of maintenance obligations from debtors. All the considerations will be based on the current and most representative views of the literature on the subject and the jurisprudence of Polish administrative courts.

Keywords: maintenance debtor, administrative proceedings, detention of driving license, administrative sanction, polish administrative law, public administration

Procedia PDF Downloads 86

Authors: M. Pieńko, A. Robak, E. Błazik-Borowa, J. Szer

Abstract:

This paper presents the results of analysis of 100 full-scale scaffolding structures in terms of compliance with legal acts and safety of use. In 2016 and 2017, authors examined scaffolds in Poland located at buildings which were at construction or renovation stage. The basic elements affecting the safety of scaffolding use such as anchors, supports, platforms, guardrails and toe-boards have been taken into account. All of these elements were checked in each of considered scaffolding. Based on the analyzed scaffoldings, the most common errors concerning assembly process and use of scaffolding were collected. Legal acts on the scaffoldings are not always clear, and this causes many issues. In practice, people realize how dangerous the use of incomplete scaffolds is only when the accident occurs. Despite the fact that the scaffolding should ensure the safety of its users, most accidents on construction sites are caused by fall from a height.

Keywords: façade scaffolds, load capacity, practice, safety of people

Procedia PDF Downloads 403

Authors: Erika Takidah, Salina Kassim

Abstract:

Digital transformation has accelerated in the new millennium. It is reshaping the financial services industry from a traditional system to financial technology. Moreover, the number of financial inclusion rates in Indonesia is less than 60%. An innovative model needed to elucidate this national problem. On the other hand, the Islamic financial service industry and financial technology grow fast as a new aspire in economic development. An Islamic bank, takaful, Islamic microfinance, Islamic financial technology and Islamic social finance institution could collaborate to intensify the financial inclusion number in Indonesia. The primary motive of this paper is to examine the strategy of collaboration-based Islamic financial services to enhance financial inclusion in Indonesia, particularly facing the digital era. The fundamental findings for the main problems are the foundations and key ecosystems aspect involved in the development of collaboration-based Islamic financial services. By using the Interpretive Structural Model (ISM) approach, the core problems faced in the development of the models have lacked policy instruments guarding the collaboration-based Islamic financial services with fintech work process and availability of human resources for fintech. The core strategies or foundations that are needed in the framework of collaboration-based Islamic financial services are the ability to manage and analyze data in the big data era. For the aspects of the Ecosystem or actors involved in the development of this model, the important actor is government or regulator, educational institutions, and also existing industries (Islamic financial services). The outcome of the study designates that strategy collaboration of Islamic financial services institution supported by robust technology, a legal and regulatory commitment of the regulators and policymakers of the Islamic financial institutions, extensive public awareness of financial inclusion in Indonesia. The study limited itself to realize financial inclusion, particularly in Islamic finance development in Indonesia. The study will have an inference for the concerned professional bodies, regulators, policymakers, stakeholders, and practitioners of Islamic financial service institutions.

Keywords: collaboration, financial inclusion, Islamic financial services, Islamic fintech

Procedia PDF Downloads 142