Search results for: De minimis rule

Authors: T. Bouchabchoub, A. Bendahmane, A. Haouriqui, N. Attou

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This paper presents simulation results of Forex predicting model equations in order to give approximately a prevision of interest rates. First, Hall-Taylor (HT) equations have been used with Taylor rule (TR) to adapt them to European and American Forex Markets. Indeed, initial Taylor Rule equation is conceived for all Forex transactions in every States: It includes only one equation and six parameters. Here, the model has been used with Hall-Taylor equations, initially including twelve equations which have been reduced to only three equations. Analysis has been developed on the following base macroeconomic variables: Real change rate, investment wages, anticipated inflation, realized inflation, real production, interest rates, gap production and potential production. This model has been used to specifically study the impact of an inflation shock on macroeconomic director interest rates.

Keywords: interest rate, Forex, Taylor rule, production, European Central Bank (ECB), Federal Reserve System (FED).

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Authors: Babatunde J. Falaye

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In this study, we obtain the approximate analytical solutions of the radial Schrödinger equation for the Deng-Fan diatomic molecular potential by using exact quantization rule approach. The wave functions have been expressed by hypergeometric functions via the functional analysis approach. An extension to rotational-vibrational energy eigenvalues of some diatomic molecules are also presented. It is shown that the calculated energy levels are in good agreement with the ones obtained previously E_nl-D (shifted Deng-Fan).

Keywords: Schrödinger equation, exact quantization rule, functional analysis, Deng-Fan potential

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Authors: M. A. Sedghamiz, S. Raeissi

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This study presents three different approaches to estimate bubble point pressures for the binary system of CO2 and ethyl palmitate fatty acid ethyl ester. The first method involves the Peng-Robinson (PR) Equation of State (EoS) with the conventional mixing rule of Van der Waals. The second approach involves the PR EOS together with the Wong Sandler (WS) mixing rule, coupled with the Uniquac Ge model. In order to model the bubble point pressures with this approach, the volume and area parameter for ethyl palmitate were estimated by the Hansen group contribution method. The last method involved the Peng-Robinson, combined with the Wong-Sandler Method, but using NRTL as the GE model. Results using the Van der Waals mixing rule clearly indicated that this method has the largest errors among all three methods, with errors in the range of 3.96–6.22 %. The Pr-Ws-Uniquac method exhibited small errors, with average absolute deviations between 0.95 to 1.97 percent. The Pr-Ws-Nrtl method led to the least errors where average absolute deviations ranged between 0.65-1.7%.

Keywords: bubble pressure, Gibbs excess energy model, mixing rule, CO2 solubility, ethyl palmitate

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Authors: Deretha Bester

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This research employs a theoretical framework to investigate the interplay between factors that lead from predatory governance and predatory rule to military coups, utilizing the frustration-aggression theory as its guiding lens. It adopts a case-oriented approach and employs thematic analysis to examine the socio-economic, governance, and political environment that precipitated the August 2020 Malian military coup. Presenting seven key themes, it reveals how predatory rule and its manifestation in the Malian context was a critical factor in paving the way for the military coup. The study provides critical reflections into the historical, regional, and political dynamics reshaping Africa’s changing political landscape. It presents a conceptual model to comprehend how predatory governance fosters conditions favorable for military coups. Insights from the Malian case study offer valuable perspectives for analyzing events in comparable contexts. This understanding is crucial for grasping the precursors and impact of predatory rule and popular frustrations in contexts where military coups emerge.

Keywords: predatory rule, military coups, socio-political analysis, frustration-aggression theory, Mali

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Authors: Monty Vacura

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Hamilton’s Rule is a universal law of biology expressed in protists, plants and animals. When applied to human populations, this model explains: 1) Origin of religion in society as a biopsychological need naturally selected to increase population size; 2) Instincts of racism expressed through intergroup competition; 3) Simultaneous selection for human cooperation and conflict, love and hate; 4) Places Dawkins’s selfish gene as the r, relationship variable; 5) Flipping the equation variable themes (close relationship to distant relationship, and benefit to threat) the new equation can now be used to identify the offensive and defensive sides of conflict; 6) Connection between sporting events and instinctive social messaging for stimulating offensive and defensive responses; 6) Pathway to reduce human sacrifice through manipulation of variables. This paper discusses the deep psychological influences of Hamilton’s Rule. Suggestions are provided to reduce human deaths via our instinctive sacrificial behavior, by consciously monitoring Hamilton’s Rule variables highlighted throughout our media outlets.

Keywords: psychology, Hamilton’s rule, evolution, human instincts

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Authors: Wael Bakhit, Salma Bakhit

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This paper employs a quarterly time series to determine the timing of structural breaks for interest rates in USA over the last 60 years. The Chow test is used for investigating the non-stationary, where the date of the potential break is assumed to be known. Moreover, an empirical examination of the financial sector was made to check if it is positively related to deviations from an assumed interest rate as given in a standard Taylor rule. The empirical analysis is strengthened by analysing the rule from a historical perspective and a look at the effect of setting the interest rate by the central bank on financial imbalances. The empirical evidence indicates that deviation in monetary policy has a potential causal factor in the build-up of financial imbalances and the subsequent crisis where macro prudential intervention could have beneficial effect. Thus, our findings tend to support the view which states that the probable existence of central banks has been a source of global financial crisis since the past decade.

Keywords: Taylor rule, financial imbalances, central banks, econometrics

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Authors: Salima Smiti, Ines Gasmi, Makram Soui

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Credit risk is the most important issue for financial institutions. Its assessment becomes an important task used to predict defaulter customers and classify customers as good or bad payers. To this objective, numerous techniques have been applied for credit risk assessment. However, to our knowledge, several evaluation techniques are black-box models such as neural networks, SVM, etc. They generate applicants’ classes without any explanation. In this paper, we propose to assess credit risk using rules classification method. Our output is a set of rules which describe and explain the decision. To this end, we will compare seven classification algorithms (JRip, Decision Table, OneR, ZeroR, Fuzzy Rule, PART and Genetic programming (GP)) where the goal is to find the best rules satisfying many criteria: accuracy, sensitivity, and specificity. The obtained results confirm the efficiency of the GP algorithm for German and Australian datasets compared to other rule-based techniques to predict the credit risk.

Keywords: credit risk assessment, classification algorithms, data mining, rule extraction

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Authors: Hosein Rahmati

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The Fatimid government was one of the powerful Shiite governments that was formed in 297 AH in the Islamic Maghreb based on Ismaili ideas and played an important role in promoting the culture and civilization of the Islamic world. Ismaili is one of the Shiite sects that has its own beliefs and teachings. This research seeks to find out which of the Ismaili beliefs and teachings were considered by the Fatimid political government and which the Fatimid government paid serious attention to highlighting. The present study, based on library sources and descriptive-analytical method, has concluded that the Ismaili doctrinal foundations, especially the doctrine of Imamate, are essential elements in the formation and continuation of the Fatimid rule. Their goals were approaching.

Keywords: Fatimid rule, The Ismaili, The Islamic Maghreb, Imamate

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Authors: Iliya Musa Adamu

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This paper seeks to develop an expert system that would troubleshoot computer network and evaluate the network system performance so as to reduce the workload on technicians and increase the efficiency and effectiveness of solutions proffered to computer network problems. The platform of the system was developed using ASP.NET, whereas the codes are implemented in Visual Basic and integrated with SQL Server 2005. The knowledge base was represented using production rule, whereas the searching method that was used in developing the network troubleshooting expert system is the forward-chaining-rule-based-system. This software tool offers the advantage of providing an immediate solution to most computer network problems encountered by computer users.

Keywords: expert system, forward chaining rule based system, network, troubleshooting

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Authors: Rebeca Ramirez Acosta, Sebastian Lenhoff

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Decision makers worldwide need to determine if the implementation of a new market mechanism will contribute to the sustainability and resilience of the power system. Due to smart grid technologies, new products in the distribution and transmission system can be traded; however, the impact of changing a market rule will differ between several regions. To test systematically those impacts, a market categorization has been compiled and organized in a smart grid market testing toolbox. This toolbox maps all actual energy products and sets the basis for running a co-simulation test with the new rule to be implemented. It will help to measure the impact of the new rule, based on the sustainable and resilience indicators.

Keywords: co-simulation, electricity market, smart grid market, market testing

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Authors: Zhidong Zhang, Zhi-Chao Zhang

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This study investigated the structural validity of externalizing issues of Achenbach System of Empirically Based Assessment (ASEBA) via a Chinese sample. The externalizing problems consist of two sub-problems: rule-breaking behavior and aggressive behavior. The rule-breaking behavior consists of 17 items, and aggressive behavior consists of 18 items. The factor analysis model was used to examine the structure validity. For the rule breaking behavior, at the first step, the most items weighted with component 2. After the rotation, there was a clear weight on both component 1 and 2. For the aggressive behavior, at the first step, there was no clear picture about the components. After the rotation, two clusters of items were closer to component 1 and 2 respectively. It seemed that both rule breaking behavior issue and aggressive behavior issue suggested two components. Further studies should be done to examine both samples and structures of externalizing problems.

Keywords: confirmatory analysis, externalizing issue, structural validity, varimax rotations

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Authors: Ebrahim Taherzadeh, Helmi Z. M. Shafri, Kaveh Shahi

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One of the most important tasks in urban area remote sensing is detection of impervious surface (IS), such as building roof and roads. However, detection of IS in heterogeneous areas still remains as one of the most challenging works. In this study, detection of concrete roof using an object-oriented approach was proposed. A new rule-based classification was developed to detect concrete roof tile. The proposed rule-based classification was applied to WorldView-2 image. Results showed that the proposed rule has good potential to predict concrete roof material from WorldView-2 images with 85% accuracy.

Keywords: object-based, roof material, concrete tile, WorldView-2

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Authors: Triano Nurhikmat

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Along with the progress of science and technology, the development of the industrialized world in Indonesia took place very rapidly. This leads to a process of industrialization of society Indonesia faster with the establishment of the company and the workplace are diverse. Development of the industry relates to the activity of the worker. Where in these work activities do not cover the possibility of an impending crash on either the workers or on a construction project. The cause of the occurrence of industrial accidents was the fault of electrical damage, work procedures, and error technique. The method of an association rule is one of the main techniques in data mining and is the most common form used in finding the patterns of data collection. In this research would like to know how relations of the association between the incidence of any industrial accidents. Therefore, by using methods of analysis association rule patterns associated with combination obtained two iterations item set (2 large item set) when every factor of industrial accidents with a West Jakarta so industrial accidents caused by the occurrence of an electrical value damage = 0.2 support and confidence value = 1, and the reverse pattern with value = 0.2 support and confidence = 0.75.

Keywords: association rule, data mining, industrial accidents, rules

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Authors: Sangdeok Lee, Sangwon Han, Changtaek Hyun

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Construction defects are major components that result in negative impacts on project performance including schedule delays and cost overruns. Since construction defects generally occur when a few associated causes combine, a thorough understanding of defect causality is required in order to more systematically prevent construction defects. To address this issue, this paper uses association rule mining (ARM) to quantify the causality between defect causes, and social network analysis (SNA) to find indirect causality among them. The suggested approach is validated with 350 defect instances from concrete works in 32 projects in Korea. The results show that the interrelationships revealed by the approach reflect the characteristics of the concrete task and the important causes that should be prevented.

Keywords: causality, defect causes, social network analysis, association rule mining

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Authors: Tetsuro Saeki, Yuichi Kato, Shoutarou Mizuno

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STRIM (Statistical Test Rule Induction Method) has been proposed as a method to effectively induct if-then rules from the decision table which is considered as a sample set obtained from the population of interest. Its usefulness has been confirmed by simulation experiments specifying rules in advance, and by comparison with conventional methods. However, scope for future development remains before STRIM can be applied to the analysis of real-world data sets. The first requirement is to determine the size of the dataset needed for inducting true rules, since finding statistically significant rules is the core of the method. The second is to examine the capacity of rule induction from datasets with contaminated attribute values created by missing data and noise, since real-world datasets usually contain such contaminated data. This paper examines the first problem theoretically, in connection with the rule length. The second problem is then examined in a simulation experiment, utilizing the critical size of dataset derived from the first step. The experimental results show that STRIM is highly robust in the analysis of datasets with contaminated attribute values, and hence is applicable to realworld data.

Keywords: rule induction, decision table, missing data, noise

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Authors: Swapan Maiti, Dipanwita Roy Chowdhury

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Nonlinear functions are essential in different cryptoprimitives as they play an important role on the security of the cipher designs. Rule 30 was identified as a powerful nonlinear function for cryptographic applications. However, an attack (MS attack) was mounted against Rule 30 Cellular Automata (CA). Nonlinear rules as well as maximum period CA increase randomness property. In this work, nonlinear rules of maximum period nonlinear hybrid CA (M-NHCA) are studied and it is shown to be a better crypto-primitive than Rule 30 CA. It has also been analysed that the M-NHCA with single nonlinearity injection proposed in the literature is vulnerable against MS attack, whereas M-NHCA with multiple nonlinearity injections provide maximum length cycle as well as better cryptographic primitives and they are also secure against MS attack.

Keywords: cellular automata, maximum period nonlinear CA, Meier and Staffelbach attack, nonlinear functions

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Authors: Kate N. Okeke

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The ever-growing needs of man requiring satisfaction have pushed him strongly towards industrialization which has and is still leaving environmental degradation and its attendant negative impacts in its wake. It is, therefore, not surprising that the enjoyment of fundamental rights like food supply, security of lives and property, freedom of worship, health and education have been drastically affected by such degradation. In recognition of the imperative need to protect the environment and human rights, many global instruments and constitutions have recognized the right to a healthy and sustainable environment. Some environmental advocates and quite a number of literatures on the subject matter call for the recognition of environmental rights via rule of law as a vital means of achieving positive outcomes on the subject matter. However, although there are numerous countries with constitutional environmental provisions, most of them such as Nigeria, have shown poor environmental performance. A notable problem is the fact that the constitution which recognizes environmental rights appears in its other provisions to contradict its provisions by making enforceability of the environmental rights unattainable. While adopting a descriptive, analytical, comparative and explanatory study design in reviewing a successful positive environmental outcome via the rule of law, this article argues that rule of law on a balance of scale, weighs more than just environmental rights recognition and therefore should receive more attention by environmental lawyers and advocates. This is because with rule of law, members of a society are sure of getting the most out of the environmental rights existing in their legal system. Members of Niger-Delta communities of Nigeria will benefit from the environmental rights existing in Nigeria. They are exposed to environmental degradation and pollution with effects such as acidic rainfall, pollution of farmlands and clean water sources. These and many more are consequences of oil and gas exploration. It will also pave way for solving the violence between cattle herdsmen and farmers in the Middle Belt and other regions of Nigeria. Their clashes are over natural resource control. Having seen that environmental rule of law is vital to sustainable development, this paper aims to contribute to discussions on how best the vehicle of rule law can be driven towards achieving positive environmental outcomes. This will be in reliance on other enforceable provisions in the Nigerian Constitution. Other domesticated international instruments will also be considered to attain sustainable environment and development.

Keywords: environment, rule of law, constitution, sustainability

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Authors: Chinedu Peter, Dashrath Singh

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Membrane computing is a computability model which abstracts its structures and functions from the biological cell. The main ingredient of membrane computing is the notion of a membrane structure, which consists of several cell-like membranes recurrently placed inside a unique skin membrane. The emergence of several variants of membrane computing gives rise to the notion of a P system. The paper presents a variant of P systems for arithmetic operations on non-negative integers based on the weak priorities for rule application. Consequently, we obtain deterministic P systems. Two membranes suffice. There are at most four objects for multiplication and five objects for division throughout the computation processes. The model is simple and has a potential for possible extension to non-negative integers and real numbers in general.

Keywords: P system, binary operation, determinism, weak rule priority

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Authors: Fujio Takata

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When governments levy taxes on labor income on the basis of a balanced budget rule, two steady states in an economy exist, of which one can cause two movement patterns, namely, indeterminacy paths and a saddle path. However, in this paper, we assume an economy with divisible labor, in which labor adjustment is made by an intensive margin. We demonstrate that there indeed exist the two paths in the economy and that there exists a critical condition dividing them. This is proved by establishing the relationship between a finite elasticity of labor with regard to real wages and the share of capital in output. Consequently, we deduce the existence of an upper limit in the share of capital in output for indeterminacy to occur. The largest possible value of that share is less than 0.5698.

Keywords: balanced budget rule, divisible labor, labor income taxation, two movement patterns

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Authors: Jamel Slaughter

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Father involvement across the development of a child has been linked to children’s psychological adjustment, fewer behavioral problems, and higher educational attainment. Conversely, there is much less research that highlights father involvement in relation to childhood development during early childhood period prior to preschool age (ages 1-3 years). Most research on fathers and child outcomes have been limited by its focus on the stages of adolescence, middle childhood, and infancy. This study examined the influence of father involvement, during the toddler stage, on 5th grade cognitive development, rule-breaking, and behavior outcomes measured by Child Behavior Checklist (CBCL) scores. Using data from the Early Head Start Research and Evaluation (EHSRE) Study, 1996-2010: United States, a total of 3,001 children and families were identified in 17 sites (cities), representing a diverse demographic sample. An independent samples t-test was run to compare cognitive development, aggressive, and rule-breaking behavior mean scores among children who had early continuous father involvement for the first 14 – 36 months to children who did not have early continuous father involvement for the first 14 – 36 months. Multiple linear regression was conducted to determine if continuous, or non-continuous father involvement (14 month-36 months), can be used to predict outcome scores on the Child Behavior Checklist in aggressive behavior, rule-breaking behavior, and cognitive development, at 5th grade. A statistically significant mean difference in cognitive development scores were found for children who had continuous father involvement (M=1.92, SD=2.41, t (1009) =2.81, p =.005, 95% CI=.146 to .828) compared to those who did not (M=2.60, SD=3.06, t (1009) =-2.38, p=.017, 95% CI= -1.08 to -.105). There was also a statistically significant mean difference in rule-breaking behavior scores between children who had early continuous father involvement (M=1.95, SD=2.33, t (1009) = 3.69, p <.001, 95% CI= .287 to .940), compared to those that did not (M=2.87, SD=2.93, t (1009) = -3.49, p =.001, 95% CI= -1.30 to -.364). No statistically significant difference was found in aggressive behavior scores. Multiple linear regression was performed using continuous father involvement to determine which has the largest relationship to rule-breaking behavior and cognitive development based on CBCL scores. Rule-breaking behavior was found to be significant (F (2, 1008) = 8.353, p<.001), with an R2 of .016. Cognitive development was also significant (F (2, 1008) = 4.44, p=.012), with an R2 of .009. Early continuous father involvement was a significant predictor of rule-breaking behavior and cognitive development at middle childhood. Findings suggest early continuous father involvement during the first 14 – 36 months of their children’s life, may lead to lower levels of rule-breaking behaviors and thought problems at 5th grade.

Keywords: cognitive development, early continuous father involvement, middle childhood, rule-breaking behavior

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Authors: Osama Elsarrar, Marjorie Darrah, Richard Devin

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This paper discusses the idea of capturing an expert’s knowledge in the form of human understandable rules and then inserting these rules into a dynamic cell structure (DCS) neural network. The DCS is a form of self-organizing map that can be used for many purposes, including classification and prediction. This particular neural network is considered to be a topology preserving network that starts with no pre-structure, but assumes a structure once trained. The DCS has been used in mission and safety-critical applications, including adaptive flight control and health-monitoring in aerial vehicles. The approach is to insert expert knowledge into the DCS before training. Rules are translated into a pre-structure and then training data are presented. This idea has been demonstrated using the well-known Iris data set and it has been shown that inserting the pre-structure results in better accuracy with the same training.

Keywords: neural network, self-organizing map, rule extraction, rule insertion

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Authors: Manvar Sagar, Nikul Virpariya

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The advancement in data mining techniques plays an important role in many applications. In context of privacy and security issues, the problems caused by association rule mining technique are investigated by many research scholars. It is proved that the misuse of this technique may reveal the database owner’s sensitive and private information to others. Many researchers have put their effort to preserve privacy in Association Rule Mining. Amongst the two basic approaches for privacy preserving data mining, viz. Randomization based and Cryptography based, the later provides high level of privacy but incurs higher computational as well as communication overhead. Hence, it is necessary to explore alternative techniques that improve the over-heads. In this work, we propose an efficient, collusion-resistant cryptography based approach for distributed Association Rule mining using Shamir’s secret sharing scheme. As we show from theoretical and practical analysis, our approach is provably secure and require only one time a trusted third party. We use secret sharing for privately sharing the information and code based identification scheme to add support against malicious adversaries.

Keywords: Privacy, Privacy Preservation in Data Mining (PPDM), horizontally partitioned database, EMHS, MFI, shamir secret sharing

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Authors: Waseem Shahzad, Ayesha Tahir Khan, Hamid Hussain Awan

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Ant-Miner algorithm that lies under ACO algorithms is used to extract knowledge from data in the form of rules. A variant of Ant-Miner algorithm named as cAnt-MinerPB is used to generate list of rules using pittsburgh approach in order to maintain the rule interaction among the rules that are generated. In this paper, we propose a parallel Ant MinerPB in which Ant colony optimization algorithm runs parallel. In this technique, a data set is divided vertically (i-e attributes) into different subsets. These subsets are created based on the correlation among attributes using Mutual Information (MI). It generates rules in a parallel manner and then merged to form a final list of rules. The results have shown that the proposed technique achieved higher accuracy when compared with original cAnt-MinerPB and also the execution time has also reduced.

Keywords: ant colony optimization, parallel Ant-MinerPB, vertical partitioning, classification rule discovery

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Authors: Torkan Jabbariraad

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This study explores the role of private regulation as a mode of governance that engages non-state actors in establishing and implementing rules or standards for public goods or services. It examines the various forms, functions, and effects of private regulation on the rule of law and human rights and considers the role and duties of public authorities in monitoring and supporting private regulation. It contends that private regulation should be regarded as a beneficial supplement to public regulation rather than a substitute or rival and that public authorities should find a balance between acknowledging the independence and variety of private actors and securing their accountability and legitimacy. It also recommends that applying the principles and values of good governance to private regulation can improve its quality and efficiency. The study relies on various sources and viewpoints from the literature on governance theory, public law, and human rights and suggests further research and discussion on the topic of private regulation and its consequences for society.

Keywords: private regulation, public authority, governance theory, rule of law, human rights

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Authors: Manduth Ramchander

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Evaluating expressions involving multiplication and division can give rise to the fallacy that brackets can be arbitrarily inserted into expressions involving multiplication and division. The aim of this article was to draw upon mathematical theory to prove that brackets cannot be arbitrarily inserted into expressions involving multiplication and division and in particular in expressions where division precedes multiplication. In doing so, it demonstrates that the notion that two different answers are possible, when evaluating expressions involving multiplication and division, is indeed a false one. Searches conducted in a number of scholarly databases unearthed the rules to be applied when removing brackets from expressions, which revealed that consideration needs to be given to sign changes when brackets are removed. The rule pertaining to expressions involving multiplication and division was then extended upon, in its reverse format, to prove that brackets cannot be arbitrarily inserted into expressions involving multiplication and division. The application of the rule demonstrates that an expression involving multiplication and division can have only one correct answer. It is recommended that both the rule and its reverse be included in the curriculum, preferably at the juncture when manipulation with brackets is introduced.

Keywords: brackets, multiplications and division, operations, order

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Authors: Mao Ju

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The system of general counsel (GC) is an important governance structure designed for the construction of state-owned enterprises (SOEs) under the rule of law. This article is based on the setting of mergers and acquisitions (M&As) and takes the efficiency of M&As to examine the implementation effect of the system of GC for SOEs. Research has found that: (1) companies implementing the system of GC for SOEs have higher efficiency in M&As, manifested in better operational and market performance, and this effect depends on the professional ability and power of the GC. This indicates that the GC of SOEs has played a positive role in the decision-making process of M&As, which helps to improve the efficiency of M&As. (2) The impact of the GC of SOEs on the efficiency of M&As is heterogeneous, and this positive effect is mainly reflected in local and commercial SOEs. (3) The path of this impact is that the GC of SOEs can help reduce ineffective M&As in advance, enhance the ability to integrate M&As after the fact and reduce the risk of goodwill impairment and bankruptcy. This article reveals the impact of the construction of SOEs under the rule of law with the system of GC as the core of M&As activities, providing intuitive evidence for the implementation effect of the GC of SOEs. The research conclusion has important practical guiding value for comprehensively deepening the construction of the rule of SOEs under the rule of law and writing a good chapter on the Chinese path to modernization of SOEs.

Keywords: the system of general counsel, merger and acquisition efficiency, state-owned enterprises, mergers and acquisitions

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Authors: Ronelle Prinsloo

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Rule 41A was introduced to the Uniform Rules of Court with the intention of promoting alternative dispute resolution (ADR), specifically mediation, as a means of resolving disputes; its voluntary nature allows parties to explore mediation willingly without the imposition of a mandatory requirement. Defamation suits, often notorious for their protracted litigation timelines, could benefit from the streamlined efficiency offered by mandatory rule 41A processes. Mediation, when mandated, could serve as a swift alternative, alleviating the burden on the court system and providing expedited relief to aggrieved parties. By incorporating a mandatory mediation step, parties might be encouraged to engage in a more constructive dialogue at an earlier stage, potentially fostering resolutions that might be elusive within the confines of protracted courtroom battles. This expedited resolution could not only benefit the litigants involved but also contribute to the broader efficiency and efficacy of the legal system. However, the application of rule 41A in defamation cases raises intriguing questions about its effectiveness in balancing the scales between freedom of expression and the protection of reputation. In considering the potential merits of making rule 41A mandatory in defamation cases, a key consideration is the prospect of expeditious and cost-effective resolution.

Keywords: constitution of South Africa, defamation, litigation, mandatory, mediation

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Authors: Emma Roberts

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The Rome II Regulation has established a uniform regime of conflict of law rules across the European Union (except for Denmark) which determines the law applicable in non-contractual obligations disputes. It marks a significant development towards the Europeanization of private international law and aims to provide the most appropriate connecting factors to achieve both legal certainty and justice in individual cases. Many non-contractual obligations are recognised to present such distinct factors that, to achieve these aims, a special rule is provided for determining the applicable law in cases in respect of product liability and environmental torts, for example. Throughout the legislative process, the European Parliament sought to establish a separate rule for road traffic accidents, recognising that these cases too present such novel situations that a blanket application of a lex loci damni approach would not provide an appropriate answer. Such attempts were rejected and, as a result, cases arising out of road traffic accidents are subject to the Regulation’s general lex loci damni rule along with its escape clause and limited exception. This paper offers a critique of the Regulation’s response to cross-border road traffic accident cases. In England and Wales, there have been few cases that have applied the Regulation’s provisions to date, but significantly the majority of such cases are in respect of road traffic accidents. This paper examines the decisions in those cases and challenges the legislators’ decision not to provide a special rule for such incidences. Owing to the diversity in compensation systems globally, applying the Regulation’s general rule to cases of road traffic accidents – given the breadth of matters that are to be subject to the lex cause – cannot ensure an outcome that provides ‘justice in individual cases’ as is assured by the Regulation's recitals. Not only does this paper suggest that the absence of a special rule for road traffic accidents means that the Regulation fails to achieve one of its principal aims, but it further makes out a compelling case for the legislative body of the European Union to implement a corrective instrument.

Keywords: accidents abroad, applicable law, cross-border torts, non-contractual obligations, road traffic accidents

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Authors: David Gibbs-Kneller

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Only parties to a contract can enforce it. This is the privity of the contract. Carriage contracts frequently involve intermediated relationships. While the carrier and cargo-owner will agree on a contract for carriage, there is no privity or consideration between the cargo-owner and third parties. To overcome this, the contract utilizes ‘bailment on terms’ or the rule in Morris. Morris v C W Martin & Sons Ltd is authority for the following: A sub-bailee and bailor may rely on terms of a bailment where the bailor has consented to sub-bailment “on terms”. Bailment on terms can play a significant part in making litigation decisions and determining liability. It is used in standard form contracts and courts have also strived to find consent to bailment on terms in agreements so as to avoid the consequences of privity of contract. However, what this paper exposes is the false legal basis for this model. Lord Denning gave an account adumbrated of the law of bailments to justify the rule in Morris. What Lord Denning was really doing was objecting to the doctrine of privity. To do so, he wrongly asserted there was a lacuna in law that meant third parties could not avail themselves upon terms of a contract. Next, he provided a false analogy between purely contractual rights and possessory liens. Finally, he gave accounts of authorities to say they supported the rule in Morris when they did not. Surprisingly, subsequent case law on the point has not properly engaged with this reasoning. The Pioneer Container held that since the rule in Morris lay in bailments, the decision is not dependent on the doctrine of privity. Yet the basis for this statement was Morris. Once these reasons have been discounted, all bailment on terms rests on is the claim that the law of bailments is an independent source of law. Bailment on terms should not be retained, for it is contrary to established principles in the law of property, tort, and contract. That undermines the certainty of those principles by risking their collapse because there is nothing that keeps bailment on terms within the confines of bailments only. As such, bailment on terms is not good law and should not be used in standard form contracts or by the courts as a means of determining liability. If bailment on terms is a pragmatic rule to retain, it is recommended that rules governing carriage contracts should be amended.

Keywords: bailment, carriage of goods, contract law, privity

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Authors: Idahosa Osagie Ojo

Abstract:

This research is on colonial racism and the Benin bronze artefacts between 1862 and 1960. It analyses the British racial sentiments against the Benin people that heralded colonial rule and how they influenced the perceptions of the artworks during the period. The aim is to contribute to the knowledge of colonial rule in Benin by bringing to the fore its impacts on the perception and interpretation of the Benin bronze artefacts during the period. Primary and secondary sources were utilised and the historical method was adopted. The findings reveal that the first British racial propaganda against the Benin people started in 1862 and that it was consciously orchestrated to manoeuvre public opinion for the ill-conceived colonial project. The research also reveals that the Benin people were not alone in this, as other peoples of Africa that were targeted for British colonial domination suffered the same fate. Findings also show that racial propaganda was actually used to rationalised colonial rule in Benin and that it later influenced the interpretations and perception of the Benin bronze artefacts throughout the colonial period and beyond.

Keywords: Benin, Bronzes, colonial, racism

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