Search results for: legal texts
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2243

Search results for: legal texts

1403 Plagiarism Detection for Flowchart and Figures in Texts

Authors: Ahmadu Maidorawa, Idrissa Djibo, Muhammad Tella

Abstract:

This paper presents a method for detecting flow chart and figure plagiarism based on shape of image processing and multimedia retrieval. The method managed to retrieve flowcharts with ranked similarity according to different matching sets. Plagiarism detection is well known phenomenon in the academic arena. Copying other people is considered as serious offense that needs to be checked. There are many plagiarism detection systems such as turn-it-in that has been developed to provide these checks. Most, if not all, discard the figures and charts before checking for plagiarism. Discarding the figures and charts result in look holes that people can take advantage. That means people can plagiarize figures and charts easily without the current plagiarism systems detecting it. There are very few papers which talks about flowcharts plagiarism detection. Therefore, there is a need to develop a system that will detect plagiarism in figures and charts.

Keywords: flowchart, multimedia retrieval, figures similarity, image comparison, figure retrieval

Procedia PDF Downloads 469
1402 Keyword Advertising: Still Need Construction in European Union; Perspective on Interflora vs. Marks and Spencer

Authors: Mohammadbagher Asghariaghamashhadi

Abstract:

Internet users normally are automatically linked to an advertisement sponsored by a bidder when Internet users enter any trademarked keyword on a search engine. This advertisement appears beside the search results. Through the process of keyword advertising, advertisers can connect with many Internet users and let them know about their goods and services. This concept has generated heated disagreements among legal scholars, trademark proprietors, advertisers, search engine owners, and consumers. Therefore, use of trademarks in keyword advertising has been one of the most debatable issues in trademark law for several years. This entirely new way of using trademarks over the Internet has provoked a discussion concerning the core concepts of trademark law. In respect to legal issues, European Union (EU) trademark law is mostly governed by the Trademark Directive and the Community Trademark Regulation. Article 5 of the directive and Article 9 of the trademark regulation determine the circumstances in which a trademark owner holds the right to prohibit a third party’s use of his/her registered sign. Harmonized EU trademark law proved to be ambiguous on whether using of a trademark is amounted to trademark infringement or not. The case law of the European Court of Justice (ECJ), with reference to this legislation, is mostly unfavorable to trademark owners. This ambivalence was also exhibited by the case law of EU Member States. European keyword advertisers simply could not tell which use of a competitor‘s trademark was lawful. In recent years, ECJ has continuously expanded the scope and reach of trademark protection in the EU. It is notable that Inconsistencies in the Court’s system of infringement criteria clearly come to the fore and this approach has been criticized by analysts who believe that the Court should have adopted a more traditional approach to the analysis of trademark infringement, which was suggested by its Advocate General, in order to arrive at the same conclusion. Regarding case law of keyword advertising within Europe, one of the most disputable cases is Interflora vs. Marks and Spencer, which is still on-going. This study examines and critically analyzes the decisions of the ECJ, the high court of England, and the Court of Appeals of England and address critically keyword advertising issue within European trademark legislation.

Keywords: ECJ, Google, Interflora, keyword advertising, Marks and Spencer, trademark infringement

Procedia PDF Downloads 350
1401 Muslim Women and Gender Justice Facts and Reality: An Indian Scenario

Authors: Asmita A. Vaidya, Shahista S. Inamdar

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Society is dynamic, in this changing and development processes, Indian Muslim women where no exception to this social change. Islam has elevated her status from being chattels/commodity to individual human being having separate legal personality and equal to that of men but in India, even two women are not equal in availing their matrimonial rights and remedies, separate personal laws are applicable to them and thus gender justice is a fragile myth.

Keywords: Muslim women, gender justice, polygamy, Islamic jurisprudence, equality

Procedia PDF Downloads 515
1400 Female Tenderness in Children’s Literature: A Content Analysis of Gender Depiction in Greek Preschool Picture Books

Authors: Theopoula Karanikolaou

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During recent decades an increasing number of studies indicate the negative impact of gender stereotypes in various aspects of society as well as in everyday life. At the same time, children’s literature is considered an important factor of gender-role socialization as it provides young readers with socially accepted gender behavioral models. Using a content analysis approach, this research examines the female representations in Greek children’s literature published from 2009 to 2019. Results indicate that female characters are depicted as sensitive and tender both in texts and illustrations, traits that are almost absent in the male characters of the sample. Highlighting the emotional aspect of female characters in contrast with the restrained male attitude reproduces gender biases. Stereotypical gender representation in children’s literature cultivates further discrimination among men and women.

Keywords: children's literature, female representation, gender socialization, gender studies

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1399 Philosophical Interpretations of Spells in the Imperial Chinese Buddhism

Authors: Saiping An

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The spells in Chinese Buddhism are often regarded by current scholarship as syllables with mystical power, as a ritual and practice of oral chanting, or as texts engraved on cultural relics. This study hopes to point out that the spell as a kind of behavior and material also provokes the believers to interpret its soteriology with various Buddhist doctrines and philosophies. It will analyze Mahāvairocana Tantra which is the main classic of the tradition regarded by the academic circles as 'Esoteric Buddhism', two annotations of these scriptures composed in the Tang and Liao Dynasty respectively, as well as some works of monks and lay Buddhists in the late Ming and early Qing dynasties. It aims to illustrate that spells in Chinese Buddhism are not simply magical voices and the words engraved on the cultural relics; they have also enriched the doctrines and thoughts of Chinese Buddhism. Their nature and soteriological methods are far more abundant than current academic circles have revealed.

Keywords: spell, Chinese Buddhism, philosophy, Buddhist doctrines

Procedia PDF Downloads 180
1398 Technology in Commercial Law Enforcement: Tanzania, Canada, and Singapore Comparatively

Authors: Katarina Revocati Mteule

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The background of this research arises from global demands for fair business opportunities. As one of responses to these demands, nations embarked on reforms in commercial laws. In 1990s Tanzania resorted to economic transformation through liberalization to attract more investments included reform in commercial laws enforcement. This research scrutinizes the effectiveness of reforms in Tanzania in comparison with Canada and Singapore and the role of technology. The methodology to be used is doctrinal legal research mixed with international comparative legal research. It involves comparative analysis of library, online, and internet resources as well as Case Laws and Statutory Laws. Tanzania, Canada and Singapore are sampled comparators basing on their distinct level of economic development. The criteria of analysis includes the nature of reforms, type of technology, technological infrastructure and human resource technical competence in each country. As the world progresses towards reforms in commercial laws, improvements in law, policy, and regulatory frameworks are paramount. Specifically, commercial laws are essential in contract enforcement and dispute resolution and how it copes with modern technologies is a concern. Harnessing the best technology is necessary to cope with the modernity in world businesses. In line with this, Tanzania is improving its business environment, including law enforcement mechanisms that are supportive to investments. Reforms such as specialized commercial law enforcement coupled with alternative dispute resolutions such as arbitration, mediation, and reconciliation are emphasized. Court technology as one of the reform tools given high priority. This research evaluates the progress and the effectiveness of the reforms in Commercial Laws towards friendly business environment in Tanzania in comparison with Canada and Singapore. The experience of Tanzania is compared with Canada and Singapore to see what to improve for each country to enhance quick and fair enforcement of commercial law. The research proposes necessary global standards of procedures and in national laws to offer a business-friendly environment and the use of appropriate technology. Solutions are proposed in tackling the challenges of delays in enforcing Commercial Laws such as case management, funding, legal and procedural hindrances, laxity among staff, and abuse of Court process among litigants, all in line with modern technology. It is the finding of the research that proper use of technology has managed to reduce case backlogs and time taken to resolve a commercial dispute, to increase court integrity by minimizing human contacts in commercial law enforcement which may lead to solicitation of favors and saving of parties’ time due to online service. Among the three countries, each one is facing a distinct challenge due to the level of poverty and remoteness from online service. How solutions are found in one country is a lesson to another. To conclude, this paper is suggesting solutions for improving the commercial law enforcement mechanisms in line with modern technology. The call for technological transformation is essential for the enforcement of commercial laws.

Keywords: commercial law, enforcement, technology

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1397 The Essence and Attribution of Intellectual Property Rights Generated in the Digitization of Intangible Cultural Heritage

Authors: Jiarong Zhang

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Digitizing intangible cultural heritage is a complex and comprehensive process from which sorts of intellectual property rights may be generated. Digitizing may be a repacking process of cultural heritage, which creates copyrights; recording folk songs and indigenous performances can create 'related rights'. At the same time, digitizing intangible cultural heritage may infringe the intellectual property rights of others unintentionally. Recording religious rituals of indigenous communities without authorization can violate the moral right of the ceremony participants of the community; making digital copies of rock paintings may infringe the right of reproduction. In addition, several parties are involved in the digitization process: indigenous peoples, museums, and archives can be holders of cultural heritage; companies and research institutions can be technology providers; internet platforms can be promoters and sellers; the public and groups above can be beneficiaries. When diverse intellectual property rights versus various parties, problems and disputes can arise easily. What are the types of intellectual property rights generated in the digitization process? What is the essence of these rights? Who should these rights belong to? How to use intellectual property to protect the digitalization of cultural heritage? How to avoid infringing on the intellectual property rights of others? While the digitization has been regarded as an effective approach to preserve intangible cultural heritage, related intellectual property issues have not received the attention and full discussion. Thus, parties involving in the digitization process may face intellectual property infringement lawsuits. The article will explore those problems from the intersection perspective of intellectual property law and cultural heritage. From a comparative approach, the paper will analysis related legal documents and cases, and shed some lights of those questions listed. The findings show, although there are no intellectual property laws targeting the cultural heritage in most countries, the involved stakeholders can seek protection from existing intellectual property rights following the suggestions of the article. The research will contribute to the digitization of intangible cultural heritage from a legal and policy aspect.

Keywords: copyright, digitization, intangible cultural heritage, intellectual property, Internet platforms

Procedia PDF Downloads 151
1396 Enhancing Residential Architecture through Generative Design: Balancing Aesthetics, Legal Constraints, and Environmental Considerations

Authors: Radul Shishkov

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This research paper presents an in-depth exploration of the use of generative design in urban residential architecture, with a dual focus on aligning aesthetic values with legal and environmental constraints. The study aims to demonstrate how generative design methodologies can innovate residential building designs that are not only legally compliant and environmentally conscious but also aesthetically compelling. At the core of our research is a specially developed generative design framework tailored for urban residential settings. This framework employs computational algorithms to produce diverse design solutions, meticulously balancing aesthetic appeal with practical considerations. By integrating site-specific features, urban legal restrictions, and environmental factors, our approach generates designs that resonate with the unique character of urban landscapes while adhering to regulatory frameworks. The paper explores how modern digital tools, particularly computational design and algorithmic modelling, can optimize the early stages of residential building design. By creating a basic parametric model of a residential district, the paper investigates how automated design tools can explore multiple design variants based on predefined parameters (e.g., building cost, dimensions, orientation) and constraints. The paper aims to demonstrate how these tools can rapidly generate and refine architectural solutions that meet the required criteria for quality of life, cost efficiency, and functionality. The study utilizes computational design for database processing and algorithmic modelling within the fields of applied geodesy and architecture. It focuses on optimizing the forms of residential development by adjusting specific parameters and constraints. The results of multiple iterations are analyzed, refined, and selected based on their alignment with predefined quality and cost criteria. The findings of this research will contribute to a modern, complex approach to residential area design. The paper demonstrates the potential for integrating BIM models into the design process and their application in virtual 3D Geographic Information Systems (GIS) environments. The study also examines the transformation of BIM models into suitable 3D GIS file formats, such as CityGML, to facilitate the visualization and evaluation of urban planning solutions. In conclusion, our research demonstrates that a generative parametric approach based on real geodesic data and collaborative decision-making could be introduced in the early phases of the design process. This gives the designers powerful tools to explore diverse design possibilities, significantly improving the qualities of the investment during its entire lifecycle.

Keywords: algorithmic modeling, architectural design, residential buildings, urban development, generative design, parametric models

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1395 Assessment of Barriers Influencing the Adoption of Building Information Modelling in the Construction Industry, Lagos State, Nigeria

Authors: Tosin Deborah Akanbi, Adeyemi Oluwaseun Adepoju, Hameed Olusegun Adebambo, Akinloye Fatai Lawal

Abstract:

Building information modelling (BIM) is a process that starts with the development of a sequential 3D design and encourages data administration, organization, and visualization throughout the life span of a facility (drawings, construction, and supervision). The implementation of building information modelling has been slow in recent years, and this is due to some prominent barriers that hinder its adoption. In this regard, the study aims to examine the significant barriers that influence the adoption of building information modelling in the Lagos state construction industry. Data were gathered through a questionnaire survey with 332 construction professionals in the study area. Three online structured interviews were conducted to support and validate the findings of the quantitative analysis. The results revealed that interest (lack of awareness and understanding of BIM, absence of in-house BIM competent professionals, and unavailability of BIM competent professionals in the labour market), legal (lack of policies and regulations on copyright ownership and lack of enforcement from government agencies and industry leaderships) and professional (people’s inability or refusal to learn new technologies and processes, waste in time and human resource and lack of clarity of professional roles in BIM) barriers are the major barriers influencing the adoption of BIM. The results also revealed that six final themes were generated, namely: finance barriers, industry barriers, interest barriers, leadership barriers, legal barriers, and professional barriers. Thus, there is a need for policymakers to design and implement policies (regulatory, economic, and information) to promote financial schemes to support construction firms and professionals and to reduce financial barriers. It is also important for the government to lay down rules and regulations that must be enforced among the construction professionals and firms in the Lagos state construction industry.

Keywords: BIM barriers, BIM adoption characteristics, construction industry, Lagos State Nigeria

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1394 Knowledge, Attitude and Practice of the Congolese Population from Basic Territorial Entities on Family Planning:a Forgotten issue. Case of Murara Sector(City of Goma, Democratic Republic of Congo)

Authors: Mwamba Mwamini Ruth

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For many authors,the percentage of married or in union persons using family planning methods has increased significantly since the 1960s, despite this progress, important differences across régions are observer.These différences become even greater,to present a paradox,when studying the issue in smallest territorial entities in developing countries.In line with the above,the general objective of this research is to investigate into "knowledge , attitude and practice"of households from a basic territorial entity,here in"Murara Sector"(in the city of Goma, province of North Kivu,Democratic Republic of Congo,Africa)on family planning (as defined and provisioned by the four World Health Organization-WHO key texts on the matter)

Keywords: DRC, family planning methods, information technology, Murara

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1393 The Effect of Technology on Legal Securities and Privacy Issues

Authors: Nancy Samuel Reyad Farhan

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even though international crook law has grown considerably inside the ultimate decades, it still remains fragmented and lacks doctrinal cohesiveness. Its idea is defined within the doctrine as pretty disputable. there is no concrete definition of the term. in the home doctrine, the hassle of crook law troubles that rise up within the worldwide setting, and international troubles that get up in the national crook regulation, is underdeveloped each theoretically and nearly. To the exceptional of writer’s know-how, there aren't any studies describing worldwide elements of crook law in a complete way, taking a more expansive view of the difficulty. This paper provides consequences of a part of the doctoral studies, assignment a theoretical framework of the worldwide crook law. It ambitions at checking out the present terminology on international components of criminal law. It demonstrates differences among the notions of global crook regulation, criminal regulation international and law worldwide crook. It confronts the belief of crook regulation with associated disciplines and indicates their interplay. It specifies the scope of international criminal regulation. It diagnoses the contemporary criminal framework of global components of criminal regulation, referring to each crook law issues that rise up inside the international setting, and international problems that rise up within the context of national criminal law. ultimately, de lege lata postulates had been formulated and route of modifications in global criminal law turned into proposed. The followed studies hypothesis assumed that the belief of international criminal regulation became inconsistent, not understood uniformly, and there has been no conformity as to its location inside the system of regulation, objective and subjective scopes, while the domestic doctrine did not correspond with international requirements and differed from the global doctrine. applied research strategies covered inter alia a dogmatic and legal technique, an analytical technique, a comparative approach, in addition to desk studies.

Keywords: social networks privacy issues, social networks security issues, social networks privacy precautions measures, social networks security precautions measures

Procedia PDF Downloads 38
1392 Music Reading Expertise Facilitates Implicit Statistical Learning of Sentence Structures in a Novel Language: Evidence from Eye Movement Behavior

Authors: Sara T. K. Li, Belinda H. J. Chung, Jeffery C. N. Yip, Janet H. Hsiao

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Music notation and text reading both involve statistical learning of music or linguistic structures. However, it remains unclear how music reading expertise influences text reading behavior. The present study examined this issue through an eye-tracking study. Chinese-English bilingual musicians and non-musicians read English sentences, Chinese sentences, musical phrases, and sentences in Tibetan, a language novel to the participants, with their eye movement recorded. Each set of stimuli consisted of two conditions in terms of structural regularity: syntactically correct and syntactically incorrect musical phrases/sentences. They then completed a sentence comprehension (for syntactically correct sentences) or a musical segment/word recognition task afterwards to test their comprehension/recognition abilities. The results showed that in reading musical phrases, as compared with non-musicians, musicians had a higher accuracy in the recognition task, and had shorter reading time, fewer fixations, and shorter fixation duration when reading syntactically correct (i.e., in diatonic key) than incorrect (i.e., in non-diatonic key/atonal) musical phrases. This result reflects their expertise in music reading. Interestingly, in reading Tibetan sentences, which was novel to both participant groups, while non-musicians did not show any behavior differences between reading syntactically correct or incorrect Tibetan sentences, musicians showed a shorter reading time and had marginally fewer fixations when reading syntactically correct sentences than syntactically incorrect ones. However, none of the musicians reported discovering any structural regularities in the Tibetan stimuli after the experiment when being asked explicitly, suggesting that they may have implicitly acquired the structural regularities in Tibetan sentences. This group difference was not observed when they read English or Chinese sentences. This result suggests that music reading expertise facilities reading texts in a novel language (i.e., Tibetan), but not in languages that the readers are already familiar with (i.e., English and Chinese). This phenomenon may be due to the similarities between reading music notations and reading texts in a novel language, as in both cases the stimuli follow particular statistical structures but do not involve semantic or lexical processing. Thus, musicians may transfer their statistical learning skills stemmed from music notation reading experience to implicitly discover structures of sentences in a novel language. This speculation is consistent with a recent finding showing that music reading expertise modulates the processing of English nonwords (i.e., words that do not follow morphological or orthographic rules) but not pseudo- or real words. These results suggest that the modulation of music reading expertise on language processing depends on the similarities in the cognitive processes involved. It also has important implications for the benefits of music education on language and cognitive development.

Keywords: eye movement behavior, eye-tracking, music reading expertise, sentence reading, structural regularity, visual processing

Procedia PDF Downloads 383
1391 A Critical Discourse Analysis: Embedded Inequalities in the UK Disability Social Security System

Authors: Cara Williams

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In 2006, the UK Labour government published a Green Paper introducing Employment and Support Allowance (ESA) as a replacement for Incapacity Benefit (IB), as well as a new Work Capability Assessment (WCA); signalling a controversial political and economic shift in disability welfare policy. In 2016, the Conservative government published Improving Lives: The Work, Health, and Disability Green Paper, as part of their social reform agenda, evidently to address the ‘injustice’ of the ‘disability employment gap’. This paper contextualises ESA in the wider ideology and rhetoric of ‘welfare to work’, ‘dependency’ and ‘responsibility’. Using the British ‘social model of disability’ as a theoretical framework, the study engages in a critical discourse analysis of these two Green Papers. By uncovering the medicalised conceptions embedded in the texts, the analysis has revealed ESA is linked with late capitalisms concern with the ‘disability category’.

Keywords: disability, employment, social security, welfare

Procedia PDF Downloads 171
1390 Risk Factors Associated with Increased Emergency Department Visits and Hospital Admissions Among Child and Adolescent Patients

Authors: Lalanthica Yogendran, Manassa Hany, Saira Pasha, Benjamin Chaucer, Simarpreet Kaur, Christopher Janusz

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Children and adolescent patients visit the Psychiatric Emergency Department (ED) for multiple reasons. Visiting the Psychiatric ED itself can be a traumatic experience that can affect an adolescents mental well-being, regardless of a history of mental illness. Despite this, limited research exists in this domain. Prospective studies have correlated adverse psychosocial determinants among adolescents to risk factors for poor well-being and unfavorable behavior outcomes. Studies have also shown that physiological stress is a contributor in the development of health problems and an increase in substance abuse in adolescents. This study aimed to retrospectively determine which psychosocial factors are associated with an increase in psychiatric ED visits. 600 charts of patients who had a psychiatric ED and inpatient admission visit from January 2014 through December 2014 were reviewed. Sociodemographics, diagnoses, ED visits and inpatient admissions were collected. Descriptive statistics, chi-square tests and independent t-test analyses were utilized to examine differences in the sample to determine which factors affected ED visits and admissions. The sample was 50% female, 35.2% self-identified black, and had a mean age of 13 years. The majority, 85%, went to public school and 17% were in special education. Attention Deficit Hyperactivity Disorder was the most common admitting diagnosis, found in 132(23%) responders. Most patients came from single parent household 305 (53%). The mean ages of patients that were sexually active, with legal issues, and reporting marijuana substance abuse were 15, 14.35, and 15 years respectively. Patients from two biological parent households had significantly fewer ED visits (1.2 vs. 1.7, p < 0.01) and admissions (0.09 vs. 0.26, p < 0.01). Among social factors, those who reported sexual, physical or emotional abuse had a significantly greater number of ED visits (2.1 vs. 1.5, p < 0.01) and admissions (0.61 vs. 0.14, p < 0.01) than those who did not. Patients that were sexually active or had legal issues or substance abuse with marijuana had a significantly greater number of admissions (0.43 vs. 0.17, p < 0.01), (0.54 vs. .18, p < 0.01) and (0.46 vs. 0.18, p < 0.01) respectively. This data supports the theory of the stability of a two parent home. Dual parenting plays a role in creating a safe space where a child can develop; this is shown by subsequent decreases in psychiatric ED visits and admissions. This may highlight the psychological protective role of a two parent household. Abuse can exacerbate existing psychiatric illness or initiate the onset of new disease. Substance abuse and legal issues result in early induction to the criminal system. Results show that this causes an increase in frequency of visits and severity of symptoms. Only marijuana, but not other illicit substances, correlated with higher incidence of psychiatric ED visits. This may speak to the psychotropic nature of tetrahydrocannabinols and their role in mental illness. This study demonstrates the array of psychosocial factors that lead to increased ED visits and admissions in children and adolescents.

Keywords: adolescent, child psychiatry, emergency department, substance abuse

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1389 Development of a Risk Governance Index and Examination of Its Determinants: An Empirical Study in Indian Context

Authors: M. V. Shivaani, P. K. Jain, Surendra S. Yadav

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Risk management has been gaining extensive focus from international organizations like Committee of Sponsoring Organizations and Financial Stability Board, and, the foundation of such an effective and efficient risk management system lies in a strong risk governance structure. In view of this, an attempt (perhaps a first of its kind) has been made to develop a risk governance index, which could be used as proxy for quality of risk governance structures. The index (normative framework) is based on eleven variables, namely, size of board, board diversity in terms of gender, proportion of executive directors, executive/non-executive status of chairperson, proportion of independent directors, CEO duality, chief risk officer (CRO), risk management committee, mandatory committees, voluntary committees and existence/non-existence of whistle blower policy. These variables are scored on a scale of 1 to 5 with the exception of the variables, namely, status of chairperson and CEO duality (which have been scored on a dichotomous scale with the score of 3 or 5). In case there is a legal/statutory requirement in respect of above-mentioned variables and there is a non-compliance with such requirement a score of one has been envisaged. Though there is no legal requirement, for the larger part of study, in context of CRO, risk management committee and whistle blower policy, still a score of 1 has been assigned in the event of their non-existence. Recognizing the importance of these variables in context of risk governance structure and the fact that the study basically focuses on risk governance, the absence of these variables has been equated to non-compliance with a legal/statutory requirement. Therefore, based on this the minimum score is 15 and the maximum possible is 55. In addition, an attempt has been made to explore the determinants of this index. For this purpose, the sample consists of non-financial companies (429) that constitute S&P CNX500 index. The study covers a 10 years period from April 1, 2005 to March 31, 2015. Given the panel nature of data, Hausman test was applied, and it suggested that fixed effects regression would be appropriate. The results indicate that age and size of firms have significant positive impact on its risk governance structures. Further, post-recession period (2009-2015) has witnessed significant improvement in quality of governance structures. In contrast, profitability (positive relationship), leverage (negative relationship) and growth (negative relationship) do not have significant impact on quality of risk governance structures. The value of rho indicates that about 77.74% variation in risk governance structures is due to firm specific factors. Given the fact that each firm is unique in terms of its risk exposure, risk culture, risk appetite, and risk tolerance levels, it appears reasonable to assume that the specific conditions and circumstances that a company is beset with, could be the biggest determinants of its risk governance structures. Given the recommendations put forth in the paper (particularly for regulators and companies), the study is expected to be of immense utility in an important yet neglected aspect of risk management.

Keywords: corporate governance, ERM, risk governance, risk management

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1388 The Criteria of the Aesthetic Quality of Art: Contemporary Photography

Authors: Artem Surkov

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This work is devoted to a problem of aesthetic quality determinism in the context of contemporary art. The object of study is photography regarding as a kind of art which demands specific system of quality marking. Objective: To define aesthetic criteria in photography art. For current searching different kind of texts by such powerful authors like Clement Greenberg and Rosalind Krauss, Theodor Adorno and Herbert Marcuse, Charlott Cotton and Boris Groys, Viktor Miziano and Ekaterina Degot' were analyzed. Before all, there are two different kinds of photography: the classic art photography (by Ansel Adams) and the photography as kind of art (by Andreas Gursky). In this text we are talking about the photography as kind of art. The main principle of current searching is synthesis of two different approaches: modernism and postmodernism. This method helps us to define uniform criteria of aesthetic quality in photography as kind of art. The criteria mentioned in conclusion paragraph are: aesthetic rationality, aesthetic economy, awareness (using photographic technics or references), and intention to go beyond form, practice and method.

Keywords: aesthetic, art, criteria of quality, photography, visually

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1387 Intellectual Property Rights and Health Rights: A Feasible Reform Proposal to Facilitate Access to Drugs in Developing Countries

Authors: M. G. Cattaneo

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The non-effectiveness of certain codified human rights is particularly apparent with reference to the lack of access to essential drugs in developing countries, which represents a breach of the human right to receive adequate health assistance. This paper underlines the conflict and the legal contradictions between human rights, namely health rights, international Intellectual Property Rights, in particular patent law, as well as international trade law. The paper discusses the crucial links between R&D costs for innovation, patents and new medical drugs, with the goal of reformulating the hierarchies of priorities and of interests at stake in the international intellectual property (IP) law system. Different from what happens today, International patent law should be a legal instrument apt at rebalancing an axiological asymmetry between the (conflicting) needs at stake The core argument in the paper is the proposal of an alternative pathway, namely a feasible proposal for a patent law reform. IP laws tend to balance the benefits deriving from innovation with the costs of the provided monopoly, but since developing countries and industrialized countries are in completely different political and economic situations, it is necessary to (re)modulate such exchange according to the different needs. Based on this critical analysis, the paper puts forward a proposal, called Trading Time for Space (TTS), whereby a longer time for patent exclusive life in western countries (Time) is offered to the patent holder company, in exchange for the latter selling the medical drug at cost price in developing countries (Space). Accordingly, pharmaceutical companies should sell drugs in developing countries at the cost price, or alternatively grant a free license for the sale in such countries, without any royalties or fees. However, such social service shall be duly compensated. Therefore, the consideration for such a service shall be an extension of the temporal duration of the patent’s exclusive in the country of origin that will compensate the reduced profits caused by the supply at the price cost in developing countries.

Keywords: global health, global justice, patent law reform, access to drugs

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1386 News Publication on Facebook: Emotional Analysis of Hooks

Authors: Gemma Garcia Lopez

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The goal of this study is to perform an emotional analysis of the hooks used in Facebook by three of the most important daily newspapers in the USA. These hook texts are used to get the user's attention and invite him to read the news and linked contents. Thanks to the emotional analysis in text, made with the tool of IBM, Tone Analyzer, we discovered that more than 30% of the hooks can be classified emotionally as joy, sadness, anger or fear. This study gathered the publications made by The New York Times, USA Today and The Washington Post during a random day. The results show that the choice of words by the journalist, can expose the reader to different emotions before clicking on the content. In the three cases analyzed, the absence of emotions in some cases, and the presence of emotions in text in others, appear in very similar percentages. Therefore, beyond the objectivity and veracity of the content, a new factor could come into play: the emotional influence on the reader as a mediatic manipulation tool.

Keywords: emotional analysis of newspapers hooks, emotions on Facebook, newspaper hooks on Facebook, news publication on Facebook

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1385 The Transnationalization of Anti-Corruption Compliance Programs in Latin America

Authors: Hitalo Silva

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The most famous corruption scandals in the past four years were taken in Latin America, especially in Brazil, but besides the stain that these countries suffered in an international field, there was a huge effort to create or modernize its national anti-corruption laws. Also, the countries are implementing new standards for investigations and corporate compliance programs, in order to combat corruption and prevent the money laundering. But here is the following question: is here an invisible uniformization/transnationalization of the anti-corruption systems in Latin America? This new scenario reflects the impacts of the corruption investigations conducted in Latin America countries, such as Car Wash Operation in Brazil, Pretelt Case in Colombia, Gasoducto Sur Peruano case and the Mr. Alex Kouri’s case both in Peru. Legal and institutional pro-transparency reforms were made recently, the companies are trying to implement new standards of conduct and investing in their compliance department. In this sense, there is a huge homogeneity in Latin America concerning the structuring of corporate compliance programs, a truly transnationalization not only of laws but also corporate standards among these countries. Although legislative initiatives vary among the countries, there is a tendency to impose rigid liability standards for the companies being investigated for corruption, not only the personal punishments of their executives, which demonstrate the power of authorities to strength the investigative tools. Also, instruments such as leniency agreements and plea bargain are essential to put a central role in enforcement activities in Latin America. In other words, in a region where six former Presidents were convicted for acts of corruption, and, companies such as Odebrecht that is accused of offering bribes to politicians from Argentina to México, passing through Ecuador, Colombia, Guatemala and Panama, this demonstrates the necessity to increase strength of their legal framework in a sense that unify transnational goals. All things considered, this paper will show how anti-corruption regulators are cooperating in Latin America jurisdictions in order to unify their laws and how the private sector is dealing with this new scenario of corporate culture change.

Keywords: compliance, corruption, investigations, Latin America, transnational

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1384 Net Folklore as a Part of Kazakhstani Internet Literature

Authors: Dina Sabirova, Madina Moldagali

Abstract:

The rapid development of new media, especially the Internet, has led to major changes in folk culture. The net space is increasingly becoming a creation of the ‘folk’ imagination, saturated with multimedia stories with collective authorship, like traditional folklore. Moreover, the Internet picks up and changes old folklore traditions, such as the form of publication, the way of storytelling, or gave a new morality to the ‘old tales’. In this article, the similarities and differences between Internet folklore/ cyber-folklore/ digital folklore and oral folk art were examined by using the material of modern Kazakh authors. The relationship between tradition and innovation was studied in order to interpret the sequence of the authors' research taking into account the realities. The material of the article was the prose texts of Kazakh writers published in internet magazines and social networks. An immanent and intertextual analysis of the text was carried out. Thus, the new forms of Internet folklore lead to new forms of expression and social morality in society

Keywords: internet literature, modern Kazakhstani authors, net folklore, oral folk art

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1383 Criteria for Good Governance in Georgian Defense Sector:Standards and Principles

Authors: Vephkhvia Grigalashvili

Abstract:

This paper provides an overview of criteria for good governance in Georgian defense sector and scientific outcomes of comparative research. A respect for good governance and its realization into Georgian national defense sector represents a fundamental institutional necessity as well as country`s politico-legal obligation within the framework of the existing collaboration mechanisms with NATO (especially Building Integrity (BI) Programme) and the Association Agreement between the EU and Georgia. Furthermore good governance is considered as a democracy measuring criterion in country`s Euro-Atlantic integration process. Accordingly, integration and further development of the contemporary approaches of good governance into Georgian defense management model represents a burning issue of the country. The assessment of an existing model of the country, identification of defects and determination of course of institutional reforms in a mutual comparison format of good governance mechanisms of NATO or/and the EU member Eastern European or Baltic countries positively assessed by the international organizations is considered as a precondition for its effective realization. Scientific aims of this study are: (a) to conduct comparative analysis of Georgian national principles and generalized standards of NATO or/and the EU member Eastern European and Baltic countries in following segments of good governance: open governance; anticorruption policy; conflict of interests; integrity; internal and external control bodies; (b) to formulate theoretical and practical recommendations on reforms to be implemented in the country`s national defence sector. As research reveals, although, institutional / legal pillars of good governance in Georgian defense sector generally are in compliance with international principles, the quality of implementation of good government norms still remains as an area that needs further development by raising awareness of public servants and community.

Keywords: anti-corruption policy within Georgian defense governance, conflict of interests within Georgian defense governance, good governance in Georgian defense sector, principles of integrity in Georgian defense management

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1382 The Role of the Municipal Executive in the Process of Creating a Smart City

Authors: Jakub Bryla

Abstract:

Cities are now seen as business entities, and their executive body is similar to a chief executive officer. However, it is not enough for the legal system to provide a strong role for the executive branch. It seems that the authority must take the form of a managerial body. This solution answers the demands of smart governance, which in such a regulated relation between the unit head and the city see a guarantee of reliable implementation of the municipal strategy proposed during the recruitment and of the motivation to carry out statutory tasks to communes and their residents.

Keywords: smart cities, local government, executive organ, municipality, city management

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1381 (De)Criminalising Sex Toys in Thailand: A Law and Economics Approach

Authors: Piyanee Khumpao

Abstract:

Under the Thai Penal Code and Customs Act, sex toys are criminalized and completely prohibited through the legal interpretation as obscene objects by law enforcement, despite there is no explicit legal sanction against them. The purpose of preventing people from accessing sex toys is to preserve public morals. However, sex toys are still available, exposed, and sold publicly in main cities throughout Thailand. They are easily observed by people of any age. This paper argues that sexuality is human nature and human right. Human deserves sexual pleasure as long as getting sexual pleasure does not inflict any harm on others. Using sex toys in private (individually and/or as a couple with mutual consent) does not constitute any harm nor degrade public moral. Therefore, the complete ban of sex toys shall be lifted and decriminalized. Nevertheless, the economic analysis illustrates that criminalization and prohibition of sex toys would lead to its black market – higher price and lower quantity. Although it is socially desirable to have fewer sex toys in the market, there will usually be high demand for them because sexual pleasure is natural and, hence, people have a lower price elasticity of demand for such things, including pornography. Thus, its deterrent effect is not very effective. Moreover, sex toys vendors still always exist because higher price incentivizes them to act illegally and may gain benefits from selling low-quality sex toys. Consequently, consumers do not have a choice to select high-quality sex toys at a reasonable price. Then, they are forced to purchase low quality sex toys at a higher price. They also may suffer from health issues as well as other harms from its dangerous/toxic substances since lower quality products are manufactured poorly to save costs. A law and economics approach supports the decriminalization of sex toys in Thailand. Other measures to control its availability shall be adopted to protect the vulnerable, such as children. Options are i) zoning or regulation on-premises selling sex toys as in Singapore, Japan, and China, ii) regulations of sex toys as medical apparatus like in the state of Alabama, and iii) the prevention of sex toys exposure in the real (physical) appearance (i.e., allowing virtual exposure of sex toys) like in India.

Keywords: human nature, law and economics approach, sex toys, sexual pleasure

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1380 Investigating the Stylistic Features of Advertising: Ad Design and Creation

Authors: Asma Ben Abdallah

Abstract:

Language has a powerful influence over people and their actions. The language of advertising has a very great impact on the consumer. It makes use of different features from the linguistic continuum. The present paper attempts to apply the theories of stylistics to the analysis of advertising texts. In order to decipher the stylistic features of the advertising discourse, 30 advertising text samples designed by MA Business students have been selected. These samples have been analyzed at the level of design and content. The study brings insights into the use of stylistic devices in advertising, and it reveals that both linguistic and non-linguistic features of advertisements are frequently employed to develop a well-thought-out design and content. The practical significance of the study is to highlight the specificities of the advertising genre so that people interested in the language of advertising (Business students and ESP teachers) will have a better understanding of the nature of the language used and the techniques of writing and designing ads. Similarly, those working in the advertising sphere (ad designers) will appreciate the specificities of the advertising discourse.

Keywords: the language of advertising, advertising discourse, ad design, stylistic features

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1379 Musical Composition by Computer with Inspiration from Files of Different Media Types

Authors: Cassandra Pratt Romero, Andres Gomez de Silva Garza

Abstract:

This paper describes a computational system designed to imitate human inspiration during musical composition. The system is called MIS (Musical Inspiration Simulator). The MIS system is inspired by media to which human beings are exposed daily (visual, textual, or auditory) to create new musical compositions based on the emotions detected in said media. After building the system we carried out a series of evaluations with volunteer users who used MIS to compose music based on images, texts, and audio files. The volunteers were asked to judge the harmoniousness and innovation in the system's compositions. An analysis of the results points to the difficulty of computational analysis of the characteristics of the media to which we are exposed daily, as human emotions have a subjective character. This observation will direct future improvements in the system.

Keywords: human inspiration, musical composition, musical composition by computer, theory of sensation and human perception

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1378 Out of Order: The Rise of Stop and Search in Civil Orders Legislation

Authors: Jodie Bradshaw, Rebecca Dooley, Habib Kadiri, Holly Bird, Aaliyah Felix-West, Udit Mahalingam, Ella Thomson

Abstract:

The sharp rise of civil orders has led to an expansion of police powers, particularly in the realm of stop and search activities. The broad scope and objectives of these civil orders –addressing issues as varied as public safety, crime prevention, and counter-terrorism – has led to ‘mission-creep’, whereby orders were being imposed in a wider range of contexts than initially intended. The ever-widening purview of civil orders in practice necessitates proactive measures by law enforcement which often rely heavily on the utilisation of stop and search, leading to an expansion of stop and search practices and the regulation of public space. Civil liberties organisations, criminal justice and legal practitioners, activist groups, and researchers have argued that civil orders dilute and undermine foundational legal principles, pose a threat to our basic rights and freedoms, facilitate dangerous criminal justice net-widening, and disproportionately target young, working-class people of colour. Many of the provisions in these orders are potentially incompatible with the right to liberty and security. The conditions of an order (whether negative restrictions or positive obligations) tend to be extremely easy to breach –and in some cases, almost impossible for the person subject to the order not to breach. When the conditions of an order are breached, the result is criminal punishment – often in the form of imprisonment. This paper argues that civil orders set people up to fail, sending them down a path towards incarceration and the ultimate deprivation of liberty. The proclaimed intentions underpinning these civil orders – to tackle purportedly ‘undesirable’ behaviour (which in and of itself is not a crime) committed by ‘undesirable’ people – paves the way for justifying violent and racially disproportionate policing practices.

Keywords: civil orders, policing, stop and search, crime, civil liberties, criminal punishment, anti-social behaviour

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1377 Seasonal Variability of the Price and Quality of Fresh Red Porgy Fish Sold in the Local Market of Igoumenitsa, NW Greece

Authors: C. Nathanailides, P. Logothetis, G. Kanlis S. Anastasiou, L. Kokokiris, P. Mpeza

Abstract:

Farmed Red porgy (Pagrus pagrus) is one of the “new candidate fish species” for the diversification of Mediterranean aquaculture which is predomintly based on the cultivation of the European sea bass, (Dicenfrarchus labrax), and the gilthead sea bream, (Sparus aurata). The quality of farmed red porgy (Pagrus pagrus) was investigated with samples obtained from the local fish market in the region of Igoumenitsa, NW Greece. Sample of the fish (ungutted and with scales) were purchased from three local fish mongers and transported to the laboratory within few minutes in foamed polystyrene boxes in ice. The average weight of whole fish ranged between 271-289g. A sample of the fish flesh taken from the upper epaxial region was transferred aseptically to a stomacher bag containing sterile Buffered Peptone Water solution (0.1%) and homogenized. After serial dilutions in 0.1% peptone water, the homogenates were spread on the surface of agar plates. Total viable counts (TVC) were determined using plate count agar after incubation at 30 oC for 3 days. The quality attributes monitored during the present work included bacterial load (total mesophilic) and the pH of the flesh. There was a marginal increase in the price of fresh red porgy sold during the summer time, with prices ranging, over a period of four seasons, from 5.85 to 7.5 per kilo. The results of the microbiological analysis indicate that with the exception of summer samples (which exhibited 5.23 (±0.13) log cfu/g), the bacterial load remained well below the legal limits and was around 3.1 log cfu/g. The pH values varied between 6.54 and 6.69. The results indicate a possible influence of season on the bacterial load of fish sold in the market. Nevertheless, the parameters investigated in the present work indicate that the bacteria load was well below the legal limit and that fish were sold within few days after harvesting. The peak of bacterial load in the summer samples may be a result of a post-harvesting contamination of the farmed fish and temperature fluctuations during handling and transportation.

Keywords: fish quality, marketing, aquaculture, Pagrus pagrus

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1376 Divine Leadership: Developing a Leadership Theory and Defining the Characteristics of This Leadership

Authors: Parviz Abadi

Abstract:

It has been well established that leadership is the key driver in the success of organizations. Therefore, understanding leadership and finding styles that deliver improvements in leadership enable leaders to enhance their skills, which will significantly contribute to having an improved performance of the organization. There has been ample research on various theories of leadership. Leadership is meaningless unless it has people who are the followers. Furthermore, while people constitute many nations, studies have demonstrated that the majority of the population of the world adheres to some type of religion. Therefore, the study of the leadership of founders of religions is of interest. In this context, the term ‘Divine Leadership’ is created. Subsequently, historical texts and literature were reviewed to ascertain if this leadership could be defined in an academic context. Furthermore, evaluation of any leadership is an essential process in assessing the value that it may bring to society or organizations. Therefore, it was necessary to define characteristics that could be assigned to such leadership. The research led to the development of a leadership theory, where, due to the scope, only five dimensions were assigned. The study has continued to develop a theoretical model in line with quantitative research on the effectiveness of this leadership in enhancing the performance of organizations.

Keywords: leadership theory, management, motivation, organizations

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1375 De-Commoditisation of Food: How Organic Farmers from the Madrid Region Reconnect Products and Places through Web Marketing

Authors: Salvatore Pinna

Abstract:

The growth of organic farming practices in the last few decades is continuing to stimulate the international debate about this alternative food market. As a part of a PhD project research about embeddedness in Alternative Food Networks (AFNs), this paper focuses on the promotional aspects of organic farms websites from the Madrid region. As a theoretical tool, some knowledge categories drawn on the geographic studies literature are used to classify the many ideas expressed in the web pages. By analysing texts and pictures of 30 websites, the study aims to question how and to what extent actors from organic world communicate to the potential customers their personal beliefs about farming practices, products qualities, and ecological and social benefits. Moreover, the paper raises the question of whether organic farming laws and regulations lack of completeness about the social and cultural aspects of food.

Keywords: alternative food networks, de-commoditisation, organic farming, madrid, reconnection of food

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1374 The Influence of Torquato Tasso's Poetry on Monteverdi's Madrigals

Authors: Christian Giddings

Abstract:

Using rhetorical analysis, this paper analyzes thirteen madrigalian settings of Torquato Tasso's (1544-1595) poetry by Claudio Monteverdi (1567-1643) published between 1587 (Book One) and 1619 (Book Seven). Such analysis suggests that the composer consistently responded to the expressivity and increased formal freedom typical of Tasso's poetry by making greater use of musico-rhetorical figures, as described by the German theorist Joachim Burmeister (1564-1629) in his treatise Musica poetica (1606). The use of rhetorical analysis when examining the influence of the poet Tasso on Monteverdi can illustrate the influence of literary components on music. One cannot overestimate the importance of these texts and their influence on composers of the day. The evidence presented in this paper strongly suggests that exposure to the poems of Torquato Tasso early in his career encouraged Claudio Monteverdi to increasingly adopt a more rhetorical approach in his madrigal compositions.

Keywords: Claudio Monteverdi, musico-rhetorical analysis, renaissance, torquato tasso

Procedia PDF Downloads 190