Search results for: federal rule of evidence
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 4924

Search results for: federal rule of evidence

4894 American Criminal Justice Responses to Terrorism in the Post 9/11 Era

Authors: Summer Jackson

Abstract:

September 11, 2001 terrorist attacks exposed weaknesses in federal law enforcement’s ability to proactively counter threats to American homeland security. Following the attacks, legislative reforms and policy changes cleared both bureaucratic and legal obstacles to anti-terrorism efforts. The Federal Bureau of Investigation (FBI) transformed into a domestic intelligence agency responsible for preventing future terrorist attacks. Likewise, the passage of the 2001 USA Patriot Act gave federal agents new discretionary powers to more easily collect intelligence on those suspected of supporting terrorism. Despite these changes, there has been only limited scholarly attention paid to terrorism responses by the federal criminal justice system. This study sought to examine the investigative and prosecutorial changes made in the Post-9/11 era. The methodology employed bivariate and multivariate statistics using data from the American Terrorism Study (ATS). This analysis examined how policy changes are reflected in the nature of terrorism investigations, the handling of terrorist defendants by federal prosecutors, and the outcomes of terrorism cases since 2001. The findings indicate significant investigative and prosecutorial changes in the Post-9/11 era. Specifically, this study found terrorism cases involved younger defendants, fewer indictees per case, less use of human intelligence, less complicated attacks, less serious charges, and more plea bargains. Overall, this study highlights the important shifts in responses to terrorism following the 9/11 attacks.

Keywords: terrorism, law enforcement, post-9/11, federal policy

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4893 A Conceptual Analysis of Right of Taxpayers to Claim Refund in Nigeria

Authors: Hafsat Iyabo Sa'adu

Abstract:

A salient feature of the Nigerian Tax Law is the right of the taxpayer to demand for a refund where excess tax is paid. Section 23 of the Federal Inland Revenue Service (Establishment) Act, 2007 vests Federal Inland Revenue Services with the power to make tax refund as well as set guidelines and requirements for refund process from time to time. In addition, Section 61 of the Federal Inland Revenue Service (Establishment) Act, 2007, empowers the Federal Inland Revenue Services to issue information circular to acquaint stakeholders with the policy on the refund process. A Circular was issued to that effect to correct the position that until after the annual audit of the Service before such excess can be paid to the claimant/taxpayer. But it is amazing that such circular issuance does not feature under the states’ laws. Hence, there is an inconsistencies in the tax paying system in Nigeria. This study, therefore, sets an objective, to examine the trending concept of tax refund in Nigeria. In order to achieve this set objective, a doctrinal study went under way, wherein both federal and states laws were consulted including journals and textbooks. At the end of the research, it was revealed that the law should be specific as to the time frame within which to make the refund. It further revealed that it is essential to put up a legal framework for the tax system to recognize excess payment as debt due from the state. This would provide a foundational framework for the relationship between taxpayers and Federal Inland Revenue Service as well as promote effective tax administration in all the states of the federation. Several Recommendations were made especially relating to legislative passage of ‘’Refund Circular Bill at the states levels’ pursuant to the Federal Inland Revenue Service (Establishment) Act, 2007.

Keywords: claim, Nigeria, refund, right

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4892 Two-Stage Flowshop Scheduling with Unsystematic Breakdowns

Authors: Fawaz Abdulmalek

Abstract:

The two-stage flowshop assembly scheduling problem is considered in this paper. There are more than one parallel machines at stage one and an assembly machine at stage two. The jobs will be processed into the flowshop based on Johnson rule and two extensions of Johnson rule. A simulation model of the two-stage flowshop is constructed where both machines at stage one are subject to random failures. Three simulation experiments will be conducted to test the effect of the three job ranking rules on the makespan. Johnson Largest heuristic outperformed both Johnson rule and Johnson Smallest heuristic for two performed experiments for all scenarios where each experiments having five scenarios.

Keywords: flowshop scheduling, random failures, johnson rule, simulation

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4891 A Constitutional Theory of the American Presidency

Authors: Elvin Lim

Abstract:

This article integrates the debate about presidential powers with the debate about federalism, arguing that there are two ways of exercising presidential powers, one working in tandem with expanding federal powers, and the other working against it. Alexander Hamilton and Thomas Jefferson—the former a Federalist and the latter echoing the views of many Anti-Federalists—disagreed not only on the constitutional basis of prerogative, but also on the ends for which it should be deployed. This tension has always existed in American politics, and is reproduced today. Modern Democrats and Republicans both want a strong executive, but the Democrats who want a strong executive to pass legislation to expand the reach of the federal government; naturally, they must rely on an equally empowered Congress to do so. Republicans generally do not want an intrusive federal government, which is why their defense of a strong presidency does not come alongside a call for a strong Congress. This distinction cannot be explained without recourse to foundational yet opposing views about the appropriate role of federal power. When we bring federalism back in, we see that there are indeed two presidencies; one neo-Federalist, in favor of moderate presidential prerogative alongside a robust Congress directed collectively to a national state-building agenda and expanding the federal prerogative; another, neo-Anti-Federalist, in favor of expansive presidential prerogative and an ideologically sympathetic Congress equally suspicious of federal power to retard or roll back national state-building in favour of states rights.

Keywords: US presidency, federalism, prerogative, anti-federalism

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4890 A Single Country Comparative Contextual Description Study of the Executive Authorities in Austria

Authors: Meryl Abigail Lucasan

Abstract:

The purpose of this research paper is to present a Single Country Comparative Contextual Description Study of the Executive Authorities in Austria, focusing with the Federal President, Cabinet members (Federal Chancellor, the Vice-Chancellor and the other Federal Ministers) and the State Government. In this paper, the roles and powers of the executive authorities of Austria will be enumerated and explained; and the behavior of the executive authorities of Austria will be described in detail. In addition, the researcher will provide a survey that was answered by an Austrian citizen through electronic mail to gain more concrete information about the current political condition in Austria. Based on research, Austria has a remarkable political stability. This paper will develop a conceptual framework or a sample paradigm to represent the political system in Austria, focusing on its states and Executive Authorities in achieving political stability.

Keywords: Austrian politics, executive branch of the government, federal government, political stability

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4889 The Role of the Federal Supreme Court in Preventing the Exercise of the Right to Self-Determination

Authors: Shaho Ghafur Ahmed

Abstract:

The right to self-determination of peoples is a fundamental human right recognized by the principles of international law. It could be embodied in the internal level in the form of federalism. Most federal constitutions prevented the secession of constituent entities, while some remained silent, as the case of Iraq, and rare instances of them recognize it. But, after the failure of federalism, these entities seek to separate whenever the opportunity arises. In several cases, they have resort to peaceful methods in some others they resort to force. The constitutional Supreme Court, which guaranty the unity and integrity of the State, often prevent these attempts. After not a commitment of federalism in Iraq, which has been founded since 2004, the Kurdistan region, as the only federated entity, has conducted a unilateral referendum on 25 September 2017 for its independence. The Iraqi government refused it. The Iraqi Federal Supreme Court, through interpreting the constitutional provisions, decided that this referendum and it’s purposes, which was the independence of the region, was unconstitutional. Subsequently, the Iraqi government used forces and blockaded the region so as to force it to turn off this process. So, in this paper, the right to self-determination of the peoples in federated entities and its obstacles will be discussed through the comparative legal basis and analyzing the decisions of the Federal Constitutional Courts. We will compare the role that the Supreme Court of Canada played regarding the referendum that operated in Quebec in 1995, in which it refused only the unilaterally attempts for the independence of this province. While, in the case of the Kurdistan region, the Iraqi Federal Supreme Court has definitively refused this right. No measures were taken by this Court to protect the region from the Iraqi government reactions. This decision led to the questioning of the neutrality of this Court. So, from the point of view of the Kurdistan region, this Court became a political instrument to prevent it to be independent in the international community, in the absence of a clear constitutional provision, through an abstract and an incomplete interpretation of federal constitutional provisions.

Keywords: right of self-determination, federal supreme court, supremacy of federal constitution

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4888 Solving Operating Room Scheduling Problem by Using Dispatching Rule

Authors: Yang-Kuei Lin, Yin-Yi Chou

Abstract:

In this research, we have considered operating room scheduling problem. The objective is to minimize total operating cost. The total operating cost includes idle cost and overtime cost. We have proposed a dispatching rule that can guarantee to find feasible solutions for the studied problem efficiently. We compared the proposed dispatching rule with the optimal solutions found by solving Inter Programming, and other solutions found by using modified existing dispatching rules. The computational results indicates that the proposed heuristic can find near optimal solutions efficiently.

Keywords: assignment, dispatching rule, operation rooms, scheduling

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4887 Federalism, a System of Government: Comparative Study of Australia and Canada

Authors: Rana Tajammal Rashid

Abstract:

Federalism is a political system in which government power and responsibility are divided between a federal legislature and units of the state or provincial legislatures. This system provides the structure for the states having large territory and through that can manage the state affairs and administration easily. Many of the largest countries in the world are federations, like; The United States, Canada, India, Pakistan South Africa, Argentina, and Australia. Every large democratic nation has a federal system of government. This study will explore the feature and good governance of two developed countries Canada and Australia. This study will be helpful to the developing countries like Pakistan, India which have a federal form of structure to run the affairs of the state. In the federal system of Pakistan there are lot of issues and conflicts with the provinces with a comparative study of these two developed countries, i.e., Australia and Canada, our policy and decision maker political actors will understand in which way a state will successfully manage the issues related to federalism. This study will also provide the help to the students of comparative politics that how to analysis the different political system of the developed countries of the world.

Keywords: federalism, features of federalism, types of federalism, history of federalism, Australian federalism, Canadian federalism, federalism developments, executives, federal and provincial autonomy legislative, judicial

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4886 A Tale of Seven Districts: Reviewing The Past, Present and Future of Patent Litigation Filings to Form a Two-Step Burden-Shifting Framework for 28 U.S.C. § 1404(a)

Authors: Timothy T. Hsieh

Abstract:

Current patent venue transfer laws under 28 U.S.C. § 1404(a) e.g., the Gilbert factors from Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947) are too malleable in that they often lead to frequent mandamus orders from the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) overturning district court rulings on venue transfer motions. Thus, this paper proposes a more robust two-step burden-shifting framework that replaces the eight Gilbert factors. Moreover, a brief history of venue transfer patterns in the seven most active federal patent district courts is covered, with special focus devoted to the venue transfer orders from Judge Alan D Albright of the U.S. District Court for the Western District of Texas. A comprehensive data summary of 45 case sets where the Federal Circuit ruled on writs of mandamus involving Judge Albright’s transfer orders is subsequently provided, with coverage summaries of certain cases including four precedential ones from the Federal Circuit. This proposed two-step burden shifting framework is then applied to these venue transfer cases, as well as Federal Circuit mandamus orders ruling on those decisions. Finally, alternative approaches to remedying the frequent reversals for venue transfer will be discussed, including potential legislative solutions, adjustments to common law framework approaches to venue transfer, deference to the inherent powers of Article III U.S. District Judge, and a unified federal patent district court. Overall, this paper seeks to offer a more robust and consistent three-step burden-shifting framework for venue transfer and for the Federal Circuit to follow in administering mandamus orders, which might change somewhat in light of Western District of Texas Chief Judge Orlando Garcia’s order on redistributing Judge Albright’s patent cases.

Keywords: Patent law, venue, judge Alan Albright, minimum contacts, western district of Texas

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4885 Controversies Connected with the Admission of Illegally Gained Evidences in Polish Civil Proceedings

Authors: Aleksandra Czubak

Abstract:

The need to present evidence in civil proceedings is essential for getting the right result. It is for this reason that it is particularly important for the parties to present the most relevant and convincing evidence to the Court. Therefore, parties often try to gain evidence, even when the acquisition of such evidence is in breach of the law. Firstly, there will be discussed how evidence is applied in the Polish civil process and the Polish regulations of the evidence proceedings; with specific reference to evidence of major importance in the developing world. Further, it will be discussed the controversies connected with the admission of illegally gained evidence in civil proceedings. The credibility of the various measures is circumstantial and can only be determined by factors related to the recognized problem. For that reason, it is not the amount of evidence, but the value and relevance of this evidence that should be considered in determining the right result. This paper will also consider whether the end justifies the means? How far should parties go in order to achieve a favorable sentence or to create stronger evidence? Methods of persuasion of the court, as well as the acquisition of evidence, are not always fair and moral. It is on this area of controversy that this essay will focus. This paper concludes by considering the value of evidence and the possibility of using it to achieve a just sentence. Examples are based on Polish law; nevertheless, they encompass ideas common to most civil jurisdictions.

Keywords: civil proceedings, Europe (Poland), evidence, law

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4884 Guidance and Counseling Programmes among Tertiary Institutions in Lagos State, Nigeria

Authors: Olubusayo Asikhia

Abstract:

The purpose of the study was to compare the incidence of indiscipline and guidance and counseling programmes among federal and state-owned tertiary institutions in Lagos State, Southwest, Nigeria. This study was borne out of persistent students’ revolt and unrest in Nigerian tertiary institutions with its concomitant breakdown of law and order, disruption of academic activities, closure of institutions and the disruption of lives and property among others. A sample of 300 students, 270 staff (including academic and non-academic, heads of disciplinary committees, deans of student affairs and counselors) from 6 federal and state-owned tertiary institutions were selected through stratified random sampling. Three structured questionnaires with reliability coefficients that range from 0.78 to 0.91 were used to collect data for the study. The data were tested at 0.05 level of significance and analyzed using descriptive, paired samples statistics and regression analysis. Findings from the four hypotheses generated for the study revealed that student indiscipline occurs more in state colleges of education and polytechnics than in their federal counterparts. It was also higher in federal universities than the state. The study also revealed a significant difference in the causes of indiscipline and assessment of guidance and counseling programmes in state and federal universities and no significant difference in state and federal colleges and polytechnics. It was recommended that the guidance and counseling department in tertiary institutions should create a well-structured program that will enable it to address issues of indiscipline among students and that counselors should use small-group counseling approach and student-focused interventions.

Keywords: colleges of education, guidance and counseling, indiscipline, polytechnics, students and universities

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4883 Psychiatric/Psychological Issues in the Criminal Courts In Australia

Authors: Judge Paul Smith

Abstract:

Abstract—This paper addresses the use and admissibility of psychiatric/psychological evidence in Australia Courts. There have been different approaches in the Courts to the acceptance of such expert evidence. It details how such expert evidence is admissible at trial and sentence. The methodology used is an examination of the decided cases and relevant legislative provisions which relate to the admission of such evidence. The major findings are that the evidence can be admissible if it is relevant to issues in a trial or sentence. It concludes that psychiatric/psychological evidence can be very useful and indeed may be essential at sentence or trial.

Keywords: criminal, law, psychological, evidence

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4882 Combination Rule for Homonuclear Dipole Dispersion Coefficients

Authors: Giorgio Visentin, Inna S. Kalinina, Alexei A. Buchachenko

Abstract:

In the ambit of intermolecular interactions, a combination rule is defined as a relation linking a potential parameter for the interaction of two unlike species with the same parameters for interaction pairs of like species. Some of their most exemplificative applications cover the construction of molecular dynamics force fields and dispersion-corrected density functionals. Here, an extended combination rule is proposed, relating the dipole-dipole dispersion coefficients for the interaction of like target species to the same coefficients for the interaction of the target and a set of partner species. The rule can be devised in two different ways, either by uniform discretization of the Casimir-Polder integral on a Gauss-Legendre quadrature or by relating the dynamic polarizabilities of the target and the partner species. Both methods return the same system of linear equations, which requires the knowledge of the dispersion coefficients for interaction between the partner species to be solved. The test examples show a high accuracy for dispersion coefficients (better than 1% in the pristine test for the interaction of Yb atom with rare gases and alkaline-earth metal atoms). In contrast, the rule does not ensure correct monotonic behavior of the dynamic polarizability of the target species. Acknowledgment: The work is supported by Russian Science Foundation grant # 17-13-01466.

Keywords: combination rule, dipole-dipole dispersion coefficient, Casimir-Polder integral, Gauss-Legendre quadrature

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4881 3D Visualization for the Relationship of the Urban Rule and Building Form by Using CityEngine

Authors: Chin Ku, Han liang Lin

Abstract:

The purpose of this study is to visualize how the rule related to urban design influences the building form by 3D modeling software CityEngine. In order to make the goal of urban design clearly connect to urban form, urban planner or designer should understand how the rule affects the form, especially the building form. In Taiwan, the rule pertained to urban design includes traditional zoning, urban design review and building codes. However, zoning cannot precisely expect the outcome of building form and lack of thinking about public realm and 3D form. In addition to that, urban design review is based on case by case, do not have a comprehensive regulation plan and the building code is just for general regulation. Therefore, rule cannot make the urban form reach the vision or goal of the urban design. Consequently, another kind of zoning called Form-based code (FBC) has arisen. This study uses the component of FBC which pertained to urban fabric such as street width, block and plot size, etc., to be the variants of building form, and find out the relationship between the rule and building form. There are three stages of this research, it will start from a field survey of Taichung City in Taiwan to induce the rule-building form relationship by using cluster analysis and descriptive Statistics. Second, visualize the relationship through the parameterized and codified process in CityEngine which is the procedural modeling, and can analyze, monitor and visualize the 3D world. Last, compare the CityEngine result with real world to examine how extent do this model represent the real world appearance.

Keywords: 3D visualization, CityEngine, form-based code, urban form

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4880 Second Time’s a Charm: The Intervention of the European Patent Office on the Strategic Use of Divisional Applications

Authors: Alissa Lefebre

Abstract:

It might seem intuitive to hope for a fast decision on the patent grant. After all, a granted patent provides you with a monopoly position, which allows you to obstruct others from using your technology. However, this does not take into account the strategic advantages one can obtain from keeping their patent applications pending. First, you have the financial advantage of postponing certain fees, although many applicants would probably agree that this is not the main benefit. As the scope of the patent protection is only decided upon at the grant, the pendency period introduces uncertainty amongst rivals. This uncertainty entails not knowing whether the patent will actually get granted and what the scope of protection will be. Consequently, rivals can only depend upon limited and uncertain information when deciding what technology is worth pursuing. One way to keep patent applications pending, is the use of divisional applications. These applicants can be filed out of a parent application as long as that parent application is still pending. This allows the applicant to pursue (part of) the content of the parent application in another application, as the divisional application cannot exceed the scope of the parent application. In a fast-moving and complex market such as the tele- and digital communications, it might allow applicants to obtain an actual monopoly position as competitors are discouraged to pursue a certain technology. Nevertheless, this practice also has downsides to it. First of all, it has an impact on the workload of the examiners at the patent office. As the number of patent filings have been increasing over the last decades, using strategies that increase this number even more, is not desirable from the patent examiners point of view. Secondly, a pending patent does not provide you with the protection of a granted patent, thus not only create uncertainty for the rivals, but also for the applicant. Consequently, the European patent office (EPO) has come up with a “raising the bar initiative” in which they have decided to tackle the strategic use of divisional applications. Over the past years, two rules have been implemented. The first rule in 2010 introduced a time limit, upon which divisional applications could only be filed within a 24-month limit after the first communication with the patent office. However, after carrying-out a user feedback survey, the EPO abolished the rule again in 2014 and replaced it by a fee mechanism. The fee mechanism is still in place today, which might be an indication of a better result compared to the first rule change. This study tests the impact of these rules on the strategic use of divisional applications in the tele- and digital communication industry and provides empirical evidence on their success. Upon using three different survival models, we find overall evidence that divisional applications prolong the pendency time and that only the second rule is able to tackle the strategic patenting and thus decrease the pendency time.

Keywords: divisional applications, regulatory changes, strategic patenting, EPO

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4879 An Appraisal of Maintenance Management Practices in Federal University Dutse and Jigawa State Polytechnic Dutse, Nigeria

Authors: Aminu Mubarak Sadis

Abstract:

This study appraised the maintenance management practice in Federal University Dutse and Jigawa State Polytechnic Dutse, in Nigeria. The Physical Planning, Works and Maintenance Departments of the two Higher Institutions (Federal University Dutse and Jigawa State Polytechnic) are responsible for production and maintenance management of their physical assets. Over–enrollment problem has been a common feature in the higher institutions in Nigeria, Data were collected by the administered questionnaires and subsequent oral interview to authenticate the completed questionnaires. Random sampling techniques was used in selecting 150 respondents across the various institutions (Federal University Dutse and Jigawa State Polytechnic Dutse). Data collected was analyzed using Statistical Package for Social Science (SPSS) and t-test statistical techniques The conclusion was that maintenance management activities are yet to be given their appropriate attention on functions of the university and polytechnic which are crucial to improving teaching, learning and research. The unit responsible for maintenance and managing facilities should focus on their stated functions and effect changes were possible.

Keywords: appraisal, maintenance management, university, Polytechnic, practices

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4878 Rule-Based Expert System for Headache Diagnosis and Medication Recommendation

Authors: Noura Al-Ajmi, Mohammed A. Almulla

Abstract:

With the increased utilization of technology devices around the world, healthcare and medical diagnosis are critical issues that people worry about these days. Doctors are doing their best to avoid any medical errors while diagnosing diseases and prescribing the wrong medication. Subsequently, artificial intelligence applications that can be installed on mobile devices such as rule-based expert systems facilitate the task of assisting doctors in several ways. Due to their many advantages, the usage of expert systems has increased recently in health sciences. This work presents a backward rule-based expert system that can be used for a headache diagnosis and medication recommendation system. The structure of the system consists of three main modules, namely the input unit, the processing unit, and the output unit.

Keywords: headache diagnosis system, prescription recommender system, expert system, backward rule-based system

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4877 Nascent Federalism in Nepal: An Observational Review in its Evolution

Authors: C. Shekhar Parajulee

Abstract:

Nepal practiced a centralized unitary governing system for a long and has gone through the federal system after the promulgation of the new constitution on 20 September 2015. There is a big paradigm shift in terms of governance after it. Now, there are three levels of governments, one federal government in the center, seven provincial governments and 753 local governments. Federalism refers to a political governing system with multiple tiers of government working together with coordination. It is preferred for self and shared rule. Though it has opened the door for rights of the people, political stability, state restructuring, and sustainable peace and development, there are many prospects and challenges for its proper implementation. This research analyzes the discourses of federalism implementation in Nepal with special reference to one of seven provinces, Gandaki. Federalism is a new phenomenon in Nepali politics and informed debates on it are required for its right evolution. This research will add value in this regard. Moreover, tracking its evolution and the exploration of the attitudes and behaviors of key actors and stakeholders in a new experiment of a new governing system is also important. The administrative and political system of Gandaki province in terms of service delivery and development will critically be examined. Besides demonstrating the performances of the provincial government and assembly, it will analyze the inter-governmental relation of Gandaki with the other two tiers of government. For this research, people from provincial and local governments (elected representatives and government employees), provincial assembly members, academicians, civil society leaders and journalists are being interviewed. The interview findings will be analyzed by supplementing with published documents. Just going into the federal structure is not the solution. As in the case of other provincial governments, Gandaki had also to start from scratch. It gradually took a shape of government and has been functioning sluggishly. The provincial government has many challenges ahead, which has badly hindered its plans and actions. Additionally, fundamental laws, infrastructures and human resources are found to be insufficient at the sub-national level. Lack of clarity in the jurisdiction is another main challenge. The Nepali Constitution assumes cooperation, coexistence and coordination as the fundamental principles of federalism which, unfortunately, appear to be lacking among the three tiers of government despite their efforts. Though the devolution of power to sub-national governments is essential for the successful implementation of federalism, it has apparently been delayed due to the centralized mentality of bureaucracy as well as a political leader. This research will highlight the reasons for the delay in the implementation of federalism. There might be multiple underlying reasons for the slow pace of implementation of federalism and identifying them is very tough. Moreover, the federal spirit is found to be absent in the main players of today's political system, which is a big irony. So, there are some doubts about whether the federal system in Nepal is just a keepsake or a substantive.

Keywords: federalism, inter-governmental relations, Nepal, provincial government

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4876 The Role of the Injured Party's Fault in the Apportionment of Damages in Tort Law: A Comparative-Historical Study between Common Law and Islamic Law

Authors: Alireza Tavakoli Nia

Abstract:

In order to understand the role of the injured party's fault in dividing liability, we studied its historical background. In common law, the traditional contributory negligence rule was a complete defense. Then the legislature and judicial procedure modified that rule to one of apportionment. In Islamic law, too, the Action rule was at first used when the injured party was the sole cause, but jurists expanded the scope of this rule, so this rule was used in cases where both the injured party's fault and that of the other party are involved. There are some popular approaches for apportionment of damages. Some common law countries like Britain had chosen ‘the causal potency approach’ and ‘fixed apportionment’. Islamic countries like Iran have chosen both ‘the relative blameworthiness’ and ‘equal apportionment’ approaches. The article concludes that both common law and Islamic law believe in the division of responsibility between a wrongdoer claimant and the defendant. In contrast, in the apportionment of responsibility, Islamic law mostly believes in equal apportionment that is way easier and saves time and money, but common law legal systems have chosen the causal potency approach, which is more complicated than the rival approach but is fairer.

Keywords: contributory negligence, tort law, damage apportionment, common law, Islamic law

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4875 Filling the Gap of Extraction of Digital Evidence from Emerging Platforms Without Forensics Tools

Authors: Yi Anson Lam, Siu Ming Yiu, Kam Pui Chow

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Digital evidence has been tendering to courts at an exponential rate in recent years. As an industrial practice, most digital evidence is extracted and preserved using specialized and well-accepted forensics tools. On the other hand, the advancement in technologies enables the creation of quite a few emerging platforms such as Telegram, Signal etc. Existing (well-accepted) forensics tools were not designed to extract evidence from these emerging platforms. While new forensics tools require a significant amount of time and effort to be developed and verified, this paper tries to address how to fill this gap using quick-fix alternative methods for digital evidence collection (e.g., based on APIs provided by Apps) and discuss issues related to the admissibility of this evidence to courts with support from international courts’ stance and the circumstances of accepting digital evidence using these proposed alternatives.

Keywords: extraction, digital evidence, laws, investigation

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4874 Organizational Change in the FBI after 9/11: An Institutional Theoretical Analysis

Authors: Ben D. Atkins

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This study will examine the impact of September 11, 2001, terrorist attacks on the organizational development of American federal law enforcement through focusing on the Federal Bureau of Investigation. Content analysis of discourse in a federal law enforcement practitioner publication along with official FBI statements will be used to gain a better understanding of FBI organizational changes that have taken place since the events of September 11, 2001. Analysis of content trends in the FBI Law Enforcement Bulletin and public discourse of FBI officials from 1999 to 2005 indicate that, in addition to structural changes, the bureau has also undergone a variety of cultural changes. The results offer some support for the institutional theoretical perspective, suggesting that post-9/11 organizational changes such as new mission priorities and the establishment of new branches were partially initiated due to a variety external pressures, which lends support for coercive isomorphism. Furthermore, structural changes are discussed in relation to the attainment and maintenance of organizational legitimacy.

Keywords: institutional theory, organizational theory, law enforcement, public administration

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4873 Energy States of Some Diatomic Molecules: Exact Quantization Rule Approach

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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4872 Bubble Point Pressures of CO2+Ethyl Palmitate by a Cubic Equation of State and the Wong-Sandler Mixing Rule

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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4871 Predatory Rule and the Rise of Military Coups: Insights From the 2020 Malian Case

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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4870 A New Assessment of the Chronology of the Vouni Palace

Authors: Seren Sevim Öğmen, Ömer Özyiğit

Abstract:

Vouni Palace is a Persian palace built on a rocky hill in the Lefke district of Cyprus. The palace is one of the limited number of architectures identified, which prove the existence of a Persian period on the island. Since the excavations on the palace were held a very long time ago, there is a need to re-date the cultural layers within the palace using new archaeological evidence and recent studies. The existing chronology has been reviewed and a new chronology has been created according to its architectural structure, floor findings such as ceramics and sculptures and the stratigraphic layer of Room 59 where the Vouni Treasure was found. This work dates the palace in Vouni between the periods of c. 520 BC, deduced from the early period sculptures, and c. 330 BC by the late period floor ceramics. Some earlier dated archaic sculptures are identified in Room 122 – which takes part in the temenos area of the palace, and correspondingly the construction of the palace is dated c. 520 BC. The comparison between Vouni Palace and Persian palaces built in Iran, shows similarities with palaces built during the rule of Darius. It is evident that two main building periods of the palace which are previously identified, represent Persian influence according to its architectural structure and findings. Several floor potteries show that there must be other layer or layers after Vouni Treasure dated 390/380 BC, which was considered as the destruction date of the palace. At this point the forenamed date can indicate the end of a stage, not the end of the period because the palace was still in use until c. 330 BC. The results of the study, in addition to dating the layers of Vouni Palace, enlightens the administrative function of the Palace within the Persian rule in Cyprus.

Keywords: administrative, chronology, cyprus, persian rule, vouni palace

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4869 Credit Risk Assessment Using Rule Based Classifiers: A Comparative Study

Authors: Salima Smiti, Ines Gasmi, Makram Soui

Abstract:

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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4868 Emergence and Manifestation of Ismaili Shiite Beliefs and Rituals in the Fatimid Rule

Authors: Hosein Rahmati

Abstract:

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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4867 The Importance of Municipal Agenda for Gender Policies in Brazilian Federalism

Authors: Eliane Cristina De Carvalho Mendoza Meza

Abstract:

The Brazilian Federal Constitution from 1988 innovated with decentralized management, sharing the decision process among the federal government, states, and municipality (federalism). This innovation gave the opportunity to the civil society participates in the public policy agenda, including the municipal one; the state recognized that new actors were needed now it has been one more actor and not the only one. It was in this context that the woman’s Policy Secretaries were created in the three levels of government: federal, state and municipal. It intend to reduce the historical and social differences between men and women, especially in the poorest municipalities, working in a network basis with other secretaries, governmental institutions and non-governmental organizations to promote actions that can result in benefits and empowerment for women. In addition, they promote actions to protect them from domestic violence and to help them to learn how generate income. It was not a calm process, women have been fighting for their rights since the 1970s and despite the gender equality was recognized in the Federal Constitution of 1988, just in 2013 it was possible to see a real growth in the creation of municipal Women’s Policy Secretary. In 2009, just 6.5% of the cities in Brazil had implemented the Secretary; in 2013, it was 11%. The municipality realized that the gender issue was in reality a public problem, so the municipal agenda incorporated it and transformed in public policy, creating the municipal Women’s Policy Secretary. The introduction of a gender policy in Brazilian municipalities shows us that the female citizens are treated as political subjects and it is the first step to try to compensate inequality between men and women in the local level. It becomes more important when the Brazilian federalism is analyzed. In Brazil, the federal government controls the municipalities’ budgets to implement federal public policies and others federal interests, so having a public policy of gender approved by the actors in the local government with so little freedom to manage is something very important. It is necessary mark some points: taking a gender policy to the poorest cities is a form to protect all citizens with no distinction, men and women, as recommended in the Federal Constitution; not all problems in a city center in the municipal agenda, this only happens when a problem is perceived as an issue, it means the women situation was perceived as important, so that it became a public policy; at least, the gender public policy intend to emancipate and contemplate the empowerment of women.

Keywords: federalism, gender, municipal agenda, social participation

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4866 Evaluation of Vehicle Classification Categories: Florida Case Study

Authors: Ren Moses, Jaqueline Masaki

Abstract:

This paper addresses the need for accurate and updated vehicle classification system through a thorough evaluation of vehicle class categories to identify errors arising from the existing system and proposing modifications. The data collected from two permanent traffic monitoring sites in Florida were used to evaluate the performance of the existing vehicle classification table. The vehicle data were collected and classified by the automatic vehicle classifier (AVC), and a video camera was used to obtain ground truth data. The Federal Highway Administration (FHWA) vehicle classification definitions were used to define vehicle classes from the video and compare them to the data generated by AVC in order to identify the sources of misclassification. Six types of errors were identified. Modifications were made in the classification table to improve the classification accuracy. The results of this study include the development of updated vehicle classification table with a reduction in total error by 5.1%, a step by step procedure to use for evaluation of vehicle classification studies and recommendations to improve FHWA 13-category rule set. The recommendations for the FHWA 13-category rule set indicate the need for the vehicle classification definitions in this scheme to be updated to reflect the distribution of current traffic. The presented results will be of interest to States’ transportation departments and consultants, researchers, engineers, designers, and planners who require accurate vehicle classification information for planning, designing and maintenance of transportation infrastructures.

Keywords: vehicle classification, traffic monitoring, pavement design, highway traffic

Procedia PDF Downloads 162
4865 An intelligent Troubleshooting System and Performance Evaluator for Computer Network

Authors: Iliya Musa Adamu

Abstract:

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

Procedia PDF Downloads 615