Search results for: Shari'ah Court of Appeal
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 518

Search results for: Shari'ah Court of Appeal

218 Producer’s Liability for Defective Medical Devices in Light of Council Directive 85/374/EEC

Authors: Vera Lúcia Raposo

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Medical devices are products used for medical purposes and aimed to operate in the human body, sometimes even inside the human body. Therefore, they can become particularly risky products, and some of the injuries caused by medical devices can have serious effects on the person’s health or body, even leading to death. Because they fit in the category of 'products' as described in Article 2 of Council Directive 85/374/EEC of 25 July 1985, concerning liability for defective products, the liability of the manufacturer of medical devices follows the rules of strict liability as long as one of the defects covered by the directive is at stake. The directive is not concerned with the product’s efficiency, but instead with the product’s safety, although in what regards medical devices (the same being valid for drugs) the two concepts frequently go together, and a lack of efficiency can result in a lack of safety. In the particular case of medical devices, the most debatable defects are the ones related with erroneous or non-existing information and the so-called development defects. This paper analyses how directive 85/374/EEC applies to medical devices, which defects are covered by its regulation, and which criteria can be used to evaluate the product’s safety. Some issues are still to be clarified, even though the decisions from the European Court of Justice and from national courts are valuable tools to understand the scope of directive 85/374/EEC in what regards medical devices.

Keywords: medical devices, producer’s liability, product safety, strict liability

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217 The Miseducation of Color: Examining Racialized Experiences of Students of Color at Predominantly White Institutions (PWIs)

Authors: Sonia Darshini Singh

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Recently, the Supreme Court and the federal government made affirmative action illegal. Colleges and universities are no longer allowed to consider race in admissions policies. Colleges and universities had the opportunity to increase racial diversity through affirmative action. Instead, a recent educational outlook has emerged where this race-conscious affirmative action is banned, and elitism is prioritized, thus altering the collegiate experience of students of color. While the statute restricts the consideration of race as a facet in admissions, this prohibition should not allow for the gravity of race and structural racism in the lives of marginalized students to diminish, nor should it limit further efforts to establish equitable access and outcomes for students of color. Not much is known about the racialized experiences of students of color who attend predominantly white institutions in the post-affirmative action era. The purpose of this ethnographic study will be to understand the racialized experiences of students who attend predominantly white institutions (PWI) in New York. This also aims to examine the potential data triangulation between what students wrote about to get into college and their actual racialized experience.

Keywords: higher education, predominantly white institution, equity, accessibility, affirmative action

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216 An Empirical Review of the Waqf Horizon through Fintech: The Industry 4.0 Wave

Authors: Sikiru O. Aminu, Magda Ismail Abdul Mohsin, Fauziah M. Taib

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Fund collections for Waqf projects in some Muslim countries received some boost because of the resuscitation of the cash waqf concept This study envisages that such development can improve the economic empowerment of the poor in contemporary Muslim communities given appropriate collections and effective management of the Waqf institution. Recent developments in the Financial Technology (FINTECH) space portend valuable relevance in the conduct and delivery of social charitable causes such as Waqf around the world. Particularly, emerging areas in FINTECH such as Islamic Crowdfunding (ICF) and blockchain have brought about greater efficiency and effectiveness through cost reduction, faster transactions, wider access, transparency and prompt disclosure of adequate information to relevant stakeholders. These FINTECH options of ICF and blockchain provide veritable opportunities to resuscitate, re-align, synergize and magnify the Islamic Social Finance (ISF) ecosystem of Waqf, Zakat and Sodaqah to generate positive and sustainable impact to the community, environment and the economy at large, with a view to projecting the Maqasid Shari’ah (Objective of the Law Giver). To document the effect of FINTECH on Waqf, this study examined the activities of six banks in Malaysia that signed a pact to utilize FINTECH for waqf collection towards improving the economy. Semi-structured Face to Face interviews were conducted with officers in charge of Waqf in the six banks, founder of the Islamic Crowdfunding platform and senior officers in Waqaf Selangor. Content analysis was used to analyze their responses, and the emergent themes were reported verbatim. Based on the derived themes, survey questionnaires were also administered to 300 customers with respect to the Waqf’s FINTECH functionalities of the identified banks.to further confirm and strengthen the results of the interviews. Simple descriptive analysis was performed on the result of the survey questionnaire to provide clear information on the questions raised. The findings showed a disproportionate level of readiness among the banks, where few of the banks have put structure in place to increase their Waqf collections, others are at their elementary stage. However, the commitment is high across the six banks to achieve their set goals.

Keywords: blockchain, Fintech, Islamic crowdfunding, waqf

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215 A Single Stage Cleft Rhinoplasty Technique for Primary Unilateral Cleft Lip and Palate 'The Gujrat Technique'

Authors: Diaa Othman, Muhammad Adil Khan, Muhammad Riaz

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Without an early intervention to correct the unilateral complete cleft lip and palate deformity, nasal architecture can progress to an exaggerated cleft nose deformity. We present the results of a modified unilateral cleft rhinoplasty procedure ‘the Gujrat technique’ to correct this deformity. Ninety pediatric and adult patients with non-syndromic unilateral cleft lip underwent primary and secondary composite cleft rhinoplasty using the Gujrat technique as a single stage operation over a 10-year period. The technique involved an open rhinoplasty with Tennison lip repair, and employed a combination of three autologous cartilage grafts, seven cartilage-molding sutures and a prolene mesh graft for alar base support. Post-operative evaluation of nasal symmetry was undertaken using the validated computer program ‘SymNose’. Functional outcome and patient satisfaction were assessed using the NOSE scale and ROE (rhinoplasty outcome evaluation) questionnaires. The single group study design used the non-parametric matching pairs Wilcoxon Sign test (p < 0.001), and showed overall good to excellent functional and aesthetic outcomes, including nasal projection and tip definition, and higher scores of the digital SymNose grading system. Objective assessment of the Gujrat cleft rhinoplasty technique demonstrates its aesthetic appeal and functional versatility. Overall it is a simple and reproducible technique, with no significant complications.

Keywords: cleft lip and palate, congenital rhinoplasty, nasal deformity, secondary rhinoplasty

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214 Psychotraumatology: The Relationship Between Posttraumatic Stress Disorder and Criminal Justice Involvement in Vietnam War Veterans

Authors: Danielle Page

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Foregoing studies, statistics, and medical evaluations have established a relationship between Posttraumatic stress disorder (PTSD) and criminal justice involvement in Vietnam veterans. War is highly trauma inducing and can leave combat veterans with mental disorders ranging from psychopathic thoughts to suicidal ideation. The majority of those suffering are unaware that they have PTSD, and as a coping mechanism, they often turn to self isolation. Beyond isolation, many veterans with symptomatic PTSD turn to aggression and substance abuse to cope with their internal agony. The most common crimes committed by veterans with PTSD fall into the assault and drug/alcohol abuse categories. Thus, a relationship is established between veteran populations and the criminal justice system. This dissertation aims to define the relationship between PTSD and criminal justice involvement in veterans, explore the mediating factors in this relationship, and analyze numerous court cases in this subject area. Further, it will examine the ways in which crime rates can be reduced for veterans with symptoms of PTSD. This ranges from the improvement of healthcare systems to the implementation of special courts to handle veteran cases.

Keywords: psychotraumatology, forensic psychology, PTSD, vietnam veterans

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213 Winning the “Culture War”: Greater Hungary and the American Confederacy as Sites of Nostalgia, Mythology, and Problem-Making for the Far Right in the US and Hungary

Authors: Grace Rademacher

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Trauma” of the Kingdom of Hungary and the “Lost Cause” of the American Confederacy. Applying Nicole Maurantonio’s articulation of “confederate exceptionalism” and Svetlana Boym’s definition of “restorative nostalgia”, this article argues that, via memorialization and public discourse, both far right bodies flood their constituencies with narratives of nostalgia and martyrdom to sow existential anxieties about past and prophetic victimhood, all under the guise of protecting or restoring heritage. Linking this practice to gamification and conspiracy theorizing and following the work of Patrick Jagoda, this article identifies such industries of nostalgia as means by which the far right in both nations can partake in the “immanent and improvisational process of problem making.” Reified through monuments and references to the Trianon Trauma and the American confederacy, political actors “problem make” by alleging that they are victims of the West or the Left, subject to the cruel whims of liberalism and denial of historical legitimacy. In both nations, relying on their victimhood, pundits and politicians can appeal to white supremacists and distract citizens from legitimate active conflicts, such as wars or democratic rollbacks, redirecting them to fictional, mythical attacks on Hungarian or American society and civilization. This article will examine memorials and monuments as “lieux de memoire” and identify the purposeful similarities between the discourse of public figures and politicians such as María Schmidt, János Lázár, and Viktor Orbán, with that of Donald Trump and pundits such as Tucker Carlson.

Keywords: nationalism, political memory, white supremacy, trianon

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212 Towards an African Model: A Survey of Social Enterprises in South Africa

Authors: Kerryn Krige, Kerrin Myers

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Social entrepreneurship offers the opportunity to simultaneously address both social and economic inequality in South Africa. Its appeal across racial groups, its attractiveness to young people, its applicability in rural and peri-urban markets, and its acceleration in middle income, large-business economies suits the South African context. However, the potential to deliver much-needed developmental benefits has not been realised because the social entrepreneurship debate lacks evidence as to who social entrepreneurs are, their goals and operations and the socio-economic results they achieve. As a result, policy development has been stunted, and legislative barriers and red tape remain. Social entrepreneurs are isolated from the mainstream economy, and struggle to access funding because of limitations in legislative and organisational structures. The objective of the study is to strengthen the ecosystem for social entrepreneurship in South Africa by producing robust, policy-rich information from and about social enterprises currently in operation across the country. The study employs a quantitative survey methodology, using online and telephonic data collection methods. A purposive sample of 1000 social enterprises was included in the first large-scale study of social entrepreneurship in South Africa. The results offer deep insight into the characteristics of social enterprises; the activities they undertake and the markets they serve; their modes of operation and funding sources as well as key challenges and support systems. The results contribute towards developing a model of social enterprise in the African context.

Keywords: social enterprise, key characteristics, challenges and enablers, towards an African model

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211 Access to Climate Change Information Through the Implementation of the Paris Agreement

Authors: Ana Cristina A. P. Carvalho, Solange Teles Da Silva

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In April, 174 countries signed the Paris Agreement, a multilateral agreement on climate change which deals with greenhouse gas emissions, mitigation, adaptation, finance, access to information, transparency, among other subjects related to the environment. Since then, Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation and public access to information, recognizing the importance of these steps with respect to enhancing actions under this Agreement. This paper aims to analyze the consequences of this new rule in terms of the implementation of the Agreement, collecting data from Brazilian and Canadian legislations in order to identify if these countries have rules complying with the Treaty, the steps that have been already taken and if they could be used as examples for other countries. The analysis will take into consideration the different kinds of climate change information, means of transparency, reliability of the data and how to spread the information. The methodology comprehends a comparative legal research based on both the Paris Agreement and domestic laws of Brazil and Canada, as well as on doctrine and Court decisions. The findings can contribute to the implementation of the Paris Agreement through compliance with this Treaty at countries’ domestic and policy level.

Keywords: climate change information, domestic legislation, Paris Agreement, public policy

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210 History on the Screen: Nasser and the Biographical Film in Egyptian Cinema

Authors: Omar Khalifah

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The emergence of Muhammad Fadel’s 1996 film ‘Nasser 56’ ushered in a new era in Egyptian cinema. Not only was it the first biographical film of late Egyptian president Gamal ‘Abdel Nasser (1918-1970); it also broke a long-accepted taboo against cinematic depiction of modern political leaders. Passionately received by Egyptians and Arabs throughout the world, the success of ‘Nasser 56’ empowered other filmmakers to follow Fadel’s suit. Interestingly, the three biographical films that followed had, completely or partially, a Nasser dimension. In addition to another biographical film of Nasser, Anwar al-Qawadri’s ‘Gamal ‘Abdel Nasser’ (1999); Muhammad Khan’s ‘Ayyam al-Sadat (Days of Sadat)’ (2001), and Sherif Arafa’s ‘Halim (Halim)’ (2006) portray, as the titles clearly suggest, two significant figures whose lives thoroughly intersected with Nasser’s - Nasser’s successor Anwar al-Sadat and the legendary singer Abdel Halim Hafiz. Expectedly, therefore, Nasser himself is abundantly referenced in those films, albeit differently. This paper seeks to examine the ways in which Egyptian filmmakers impersonate Nasser on the screen. Starting with scholarly definitions of the biopic, the paper will first ponder the reasons that have made the biopic an unattractive genre to Egyptian filmmakers. It will then argue that the popularity of Nasser and his wide appeal to the public has transformed the status of the biopic genre in Egyptian cinema. However, the impersonation of Nasser in the four films above proved a daunting mission to filmmakers. As this paper will show, unless he is the main character, the reenactment of Nasser in films will constantly pose dilemmas to filmmakers, a few of which will be discussed in this paper.

Keywords: Ahmad Zaki, bio-pictures, Egyptian cinema, Nasser, Nasser 56

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209 Revitalization of Industrial Brownfields in Historical Districts

Authors: Adel Menchawy, Noha Labib

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Many cities have quarters that confer on them sense of identity and place through its cultural history. They are often vital part of the cities charm and appeal, their functional and visual qualities are important to the city’s image and identity. Brownfield sites present an important part of our built landscape. They provide tangible and intangible links to our past and have great potential to play significant roles in the future of our cities, towns and rural environments. Brownfield sites are places that were previously industrial factories or areas that might have had waste kept at that location or been exposed to many types of hazards. Thus its redevelopment revitalizes and strengthens towns and communities as it helps in economic growth, builds community pride and protects public health and the environment Three case studies are discussed in this paper; the first one is the city of Sterling which was developed and revitalized entirely and became a city with identity after it was derelict, the Second is the city of Castlefield with was a place no one was eager to visit now it became a touristic area. And finally the city of Cleveland which adopted a strategy that transferred it from being a polluted, derelict place into a mixed use development city Brownfield revitalization offers a great opportunity to transfer the city from being derelict, useless and contaminated into a place where tourists would love to come. Also it will increase the economy of the place, increase the social level, it can improve energy efficiency, reduce natural consumption, clean air, water and land and take advantage of existing buildings and sites and transfers them into an adaptive reuse after being remediated

Keywords: Brownfield Revitalization, Sustainable Brownfield, Historical conservation, Adaptive reuse

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208 Juridical Protection to Consumers in Electronic Contracts: Need of a Uniform International Law

Authors: Parul Sinha

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Electronic commerce facilitates increased choice and information on goods or services for consumers but at the same time it compounds the inequality of bargaining power many consumers face when contracting with sellers. Due to the ‘inequality of bargaining power’ experienced by consumers when contracting by electronic means with business sellers in different jurisdictions, it may be difficult to determine where either the consumer is domiciled or the place where the seller is situated or conducts its business. The question arises in such situation that if one party wants to sue the other, then where can one sue? Which court has jurisdiction to try international conflicts arising from electronic contracts concluded through the internet? Will the same rules applicable to conventional contracts apply? Or should other considerations be taken into account? In all these situations the degree of consumer protection in electronic contracts comes into picture. In the light of the above, the paper discusses the jurisdiction and choice of law rules applied in EU and United States. Further, the paper considers the current uncertainty plaguing questions of jurisdiction in India. Therefore, the jurisdiction and choice of law rules for electronic contracts must be applied consistently and provide an automatic, harmonised rule in favour of the consumer’s jurisdiction and law. Lastly, the paper suggests the need for a uniform law in order to achieve effective juridical protection.

Keywords: electronic commerce, electronic contracts, jurisdiction, consumer protection

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207 The Role of Paper in the Copy Identification of Safavid Era Shahnamehs of Tabriz Doctrine

Authors: Ashrafosadat Mousavi Lar, Elahe Moravej

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To investigate and explain the history of each copy, we must refer to its past because it highlights parts of the civilization of people among which this copy has been codified. In this paper, eight Ferdowsi’s Shahnameh of Safavid era of Tabriz doctrine available in Iranian libraries and museums are studied. Undoubtedly, it can be said that Ferdowsi’s Shahnameh is one of the most important books that has been transcribed many times in different eras because it explains the Iranian champions’ prowess and it includes the history of Iran from Pishdadian to Sasanian dynasty. In addition, it has been attractive for governors and artists. The research methodology of this article is based on the analytical-descriptive arguments. The research hypothesis is based on papers used in Shahnameh writing in Safavid era of Tabriz doctrine were mostly Isfahanian papers existed. At that time, Isfahanian paper was unique in terms of quality, clarity, flatness of the sheets, volume, shape, softness and elegance, strength, and smoothness. This paper was mostly used to prepare the courtier and exquisite copies. This shows that the prepared copies in Safavid era of Tabriz doctrine were very important because the artists and people who ordered and were out of the court have ordered Isfahanian paper for writing their books.

Keywords: paper, Shahnameh, Safavid era, Tabriz doctrine

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206 Special Plea That The Prosecutor Does Not Have Title To Prosecute

Authors: Wium de Villiers

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Section 106(1)(h) of the South African Criminal Procedure Act 51 of 1977 provides that an accused may enter a special plea that the prosecutor does not have title to prosecute. In a seminal matter (S v Mousa 2021 2 SACR 378 (GJ)) regarding section 106(1)(h), certain interesting legal aspects emerged. The first aspect concerned the meaning of the term “prosecutor”. More specifically, the question arose whether the term included a prosecutor who was previously involved with the matter, as well as the relevant Deputy Director of Public Prosecutions (DDPP) who instituted the prosecution and oversaw the prosecution on behalf of the state. The meaning of the term “title”, and with regard to the conduct of the “prosecutor”, the term “abuse of process,” were also raised and decided. In the paper, the facts, and the arguments in, and the decisions of the court, are discussed critically. The author argue that the intended objection in section 106(1)(h) is not to cure the abuse inflicted by a previous prosecutor or by the DDPP. I point out that the term “title” includes a lack of authority, non-compliance with jurisdictional requirements or absence of locus standi. I also point out that an abuse of process takes place if the process is used for an improper, ulterior or collateral purpose. I also argue that the accused should, instead of relying on section 106(1)(h), have relied on the prior agreement and applied for a permanent stay of prosecution.

Keywords: special plea, prosecutor, title, abuse of process

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205 Investigating Translations of Websites of Pakistani Public Offices

Authors: Sufia Maroof

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This empirical study investigated the web-translations of five Pakistani public offices (FPSC, FIA, HEC, USB, and Ministry of Finance) offering Urdu tab as an option to access information on their official websites. Triangulation of quantitative and qualitative research design informed the researcher of the semantic, lexical and syntactic caveats in these translations. The study hypothesized that majority of the Pakistani population is oblivious of the Supreme Court’s amendments in language policy concerning national and official language; hence, Urdu web-translations of the public departments have not been accessed effectively. Firstly, the researcher conducted an online survey, comprising of two sections, close ended and short answer based questions. Secondly, the researcher compiled corpus of the five selected websites in a tabular form to compare the data. Thirdly, the administrators of the departments had been contacted regarding the methods of translation and the expertise of the personnel involved. The corpus was assessed for TQA after examining the lexical, semantic, syntactical and technical alignment inaccuracies and imperfections. The study suggests the public offices to invest in their Urdu webs by either hiring expert translators or engaging expertise of a translation agency for this project to offer quality translation to public.

Keywords: machine translations, public offices, Urdu translations, websites

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204 The Role of State Practices and Custom in Outer Space Law

Authors: Biswanath Gupta, Raju Kd

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Space law is the new entry in the basket of international law in the latter half of the 20th Century. In the last hundred and fifty years, courts and scholars developed a consensus that, the custom is an important source of international law. Article 38(1) (b) of the statute of the International Court of Justice recognized international custom as a source of international law. State practices and usages have a greater role to play in formulating customary international law. This paper examines those state practices which can be qualified to become international customary law. Since, 1979 (after Moon Treaty) no hard law have been developed in the area of space exploration. It tries to link between state practices and custom in space exploration and development of customary international law in space activities. The paper uses doctrinal method of legal research for examining the current questions of international law. The paper explores different international legal documents such as General Assembly Resolutions, Treaty principles, working papers of UN, cases relating to customary international law and writing of jurists relating to space law and customary international law. It is argued that, principles such as common heritage of mankind, non-military zone, sovereign equality, nuclear weapon free zone and protection of outer space environment, etc. developed state practices among the international community which can be qualified to become international customary law.

Keywords: customary international law, state practice, space law, treaty

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203 Memory Consolidation: Application of Retrieval Strategies in the Classroom

Authors: Eric Tardif, Nicolas Meylan

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Recent studies suggest that the consolidation of episodic memory is better achieved through repeated retrieval than with the use of concept mapping or repeated study. Although such laboratory results highly appeal to educationalists, it remains to be shown whether they can be directly used in a classroom setting. Forty-five college students (42 girls; mean age 16.1 y/o) were asked to remember pairs of biology-related words (e.g. mitochondria-energy) in two configurations. The first configuration consisted of a three-minute study of pairs of words followed by a final one-minute test in which the first word of a pair was shown and the subject asked to write down the second associated word. This procedure was repeated three times. The second configuration consisted of a one-minute study of a list of pairs of words, which was immediately followed by a one-minute test. This procedure was repeated 6 times. Subjects filled out a small questionnaire assessing their general mood, level of fatigue, stress and motivation to do the exercise. One week later, subjects were given a final test using the same words. A total of 8 lists of words were studied and tested during the semester. Results showed that subjects recalled more correct words when using the second configuration, both within the study period and one week later, confirming laboratory findings. However, the general performance (mean items recalled) as well as the motivation to do the exercise gradually decreased during the semester. Motivation was positively correlated with performance (r=0.77, p<0.05). The results suggest that laboratory findings may provide some applications in education but other variables inherent to the classroom setting must also be considered.

Keywords: long-term, episodic memory, consolidation, retrieval, school setting

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202 Maximising the Therapeutic Value of the Mental Capacity Act of Singapore for People Who Lack Legal Capacity

Authors: Kenji Gwee

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The Mental Capacity Act is a new legislation that allows for lasting powers of attorney and court-appointed deputies, in respect of people who lack legal capacity. While the UK Act, after which the Singapore Act is modeled, has been shown to be therapeutic to donors, the Singapore Act differs from its UK counterpart and it is unclear if the Singapore Act can be beneficial to donors as purported. The purpose of this study was to determine what the perceptions of three groups of stakeholders (patients, caregivers and psychiatrists) are about the aspects of the Mental Capacity Act that are therapeutic to donors. In addition, ways to increase the therapeutic value of the Act to donors are sought. A qualitative methodology was used and the research was guided by two theoretical frameworks: therapeutic jurisprudence and an interpretive constructive framework. Interviews with 12 psychiatrists, and focus groups with twenty three patients and seven caregivers showed agreement that, allowing donors to nominate more than one decision- maker, and whistle-blowing mechanisms for recourse for abuse, were therapeutic to donors. To further increase the therapeutic value of the Act, 2 suggestions were made: the Act should provide for (i) advanced healthcare directives- allowing donors to make advance decisions to refuse treatment, or cease existing treatment, and (ii) independent advocacy services- to have a case worker to represent people who have no family or friends and are thus unable to find suitable donees.

Keywords: Mental Capacity Act, therapeutic jurisprudence, qualitative methodology, the UK Act

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201 Retrofitting Adaptive Reuse into Palaces of Northern India

Authors: Shefali Nayak

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The architectural appeal, familiarity, and idiom of culturally significant structures are due to societal attachment to various movements, historical association or deviation. Generally, the urge to preserve a building in the northern part of India is driven either by emotional dogma or rational thinking, but, it is also influenced by traditional affinity. The northern region of India has an assortment of palaces and Havelis belonging to various time periods and families with vernacular yet signature style of architecture. Many of them are either successfully conserved by being put into adaptive reuse and some of them have been midst controversies and continued to remain in ruins. The research focuses on comparing successful examples of adaptive reuse such as Neemrana, Mehrangargh Fort palace with a few other merchant havelis converted into heritage hotels. Furthermore, evaluates the architectural aspects of structure, materials, plumbing and electrical installations, as well as specific challenges faced by heritage professionals practicing sustainability, while respecting traditional feelings of various stakeholders. This paper concludes through the analysis of the case study that, its highly unlikely for sustainable design cannot be used as a stand-alone application for heritage structures or cities, it needs the support of architecture conservation to be put into practice. However, it is often demanding to fit a new use of a building into an aged structure. This paper records modern-day generic requirements that reflect challenges faced by different architects, while conserving a heritage structure and retrofitting it into today's requisites. The research objective is to establish how conservation, restoration, and urban regeneration are closely related to sustainable architecture in historical cities.

Keywords: architecture conservation, architecture heritage, adaptive reuse, retrofitting, sustainability, urban regeneration

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200 The Problem of Legal Regulation of Joint Physical Custody: The Polish Perspective

Authors: Katarzyna Kamińska

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The main purpose of the work is to present the results of the studies regarding joint physical custody in the Polish legal system. The issues addressed fit into the ongoing process of modernising family law regulations and their adaptation to changing social reality in Poland. The Polish legislator now faces a dilemma: whether to introduce into Polish law a developed substantive or procedural regulation of joint physical custody and then whether it should be considered a legal presumption. Joint physical custody after divorce or separation is theoretically possible in Poland. It can either follow from the court’s independent proposal based on the assessment of the circumstances or from the parenting plan submitted by parents wishing to jointly retain full parental authority. However, joint physical custody does not result directly from the Polish Family and Guardianship Code. Therefore, there is real legal uncertainty in this matter, which leads to different treatment of citizens by the public authorities and courts. Another problem is that joint physical custody is misunderstood by the Polish courts. The main thesis of the work is that joint physical custody does not only mean the system of symmetrical child care (50/50), and the possibility to award joint physical custody will require the courts to carefully weigh the pros and cons of such an arrangement in each individual case.

Keywords: joint physical custody, shared parenting, divorce, separation, parental authority

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199 Evaluating News in Press about Konya in Context of City Image

Authors: Nur Gorkemli, Basak Solmaz

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With globalization, competition between cities increased and therefore cities started to give more importance to be a more differentiated one among thousands of their competitors. In order to become a more livable place and appeal more tourists, more investors, more students and more people cities give importance to marketing and branding activities. City image is very important concept for building a city brand. Cinemas, books, news or information about cities create 'city image' in peoples’ minds. Every city has their own peculiarities and changing their neutral or negative image to a positive way will bring advantages to them in national and even in international arena. Konya, which is a city in central Anatolia, has been an important city since very early times in human kind. It has the ruins of one of the first settlements existed approximately 9.000 years ago. Moreover, it was the capital of Selcuk Empire before Ottoman period and also a very important city during Ottoman Empire. With this historical richness, the city has important structures and works of art from those periods. Moreover, the city is also very well-known in the world with one of the greatest philosopher, poet, theologian, and Sufi mystic Mevlana Jelaleddin Rumi, who lived most of his life in Konya. Every year nearly two million people from various cities and countries visit Mevlana Museum. With all these potentials, Turkish Ministry of Culture and Tourism chose Konya to be a branded city in its 2023 action plan. For branding activities, understanding city image has a crucial role. Moreover, news about cities has a great potential on building a 'city image' in minds. This study is aimed at interpreting Konya’s image by categorizing Konya’s news existed in three national newspapers, which has the highest circulation in Turkey. Content analysis method will be used in this study.

Keywords: city branding, city image, newspaper analysis, Konya

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198 Labor Productivity and Organization Performance in Specialty Trade Construction: The Moderating Effect of Safety

Authors: Shalini Priyadarshini

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The notion of performance measurement has held great appeal for the industry and research communities alike. This idea is also true for the construction sector, and some propose that performance measurement and productivity analysis are two separate management functions, where productivity is a subset of performance, the latter requiring comprehensive analysis of comparable factors. Labor productivity is considered one of the best indicators of production efficiency. The construction industry continues to account for a disproportionate share of injuries and illnesses despite adopting several technological and organizational interventions that promote worker safety. Specialty trades contractors typically complete a large fraction of work on any construction project, but insufficient body of work exists that address subcontractor safety and productivity issues. Literature review has revealed the possibility of a relation between productivity, safety and other factors and their links to project, organizational, task and industry performance. This research posits that there is an association between productivity and performance at project as well as organizational levels in the construction industry. Moreover, prior exploration of the importance of safety within the performance-productivity framework has been anecdotal at best. Using structured questionnaire survey and organization- and project level data, this study, which is a combination of cross-sectional and longitudinal research designs, addresses the identified research gap and models the relationship between productivity, safety, and performance with a focus on specialty trades in the construction sector. Statistical analysis is used to establish a correlation between the variables of interest. This research identifies the need for developing and maintaining productivity and safety logs for smaller businesses. Future studies can design and develop research to establish causal relationships between these variables.

Keywords: construction, safety, productivity, performance, specialty trades

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197 An Examination of Criminology and Cyber Crime in Contemporary Society

Authors: Uche A. Nnawulezi

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The evolving global environment has as of late seen formative difficulties bordering on cyber crime and its attendant effects. This paper looks at what constitutes an offense of cyber crime under the tenets of International Law as no nation can lay bona-fide claim in managing cyber crime as a criminal phenomenon. Therefore, there has been a plethora of ideological, conceptual and mental propositions of policies aimed at domesticating cyber crimes – an international crime. These policies were as a result of parochial consideration and social foundations which negate the spirit of internationally accepted procedures. The study also noted that the non-domestication of cyber crime laws by most countries has led to an increase in cyber crimes and its attendant effects have remained unabated. The author has pointed out emerging international rules as a panacea for a sustainable cyber crime-free society. The paper relied on documentary evidence and hence scooped much of the data from secondary sources such as text books, journals, articles and periodicals and more so, opinion papers, emanating from international criminal court. It concludes that the necessary recommendations made in this paper, if fully adopted, shall go a long way in maintaining a cyber crime-free society. Ultimately, the domestic and international law mechanisms capable of dealing with cyber crime offenses should be expanded and be made proactive in order to deal with the demands of modern day challenges.

Keywords: criminology, cyber crime, domestic law, international law

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196 Gender, Language and Body: Literary Representations in Popular Culture Narratives

Authors: Eirini Arvanitaki

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Romance has incrementally grown in popularity over the last century. The first Mills & Boon romance novel was published in 1909 and since then romance has not only survived but it has become a long standing genre. There are several reasons behind its durability and success. First, its ability to please and appeal to a mass audience. Romance novels are products of commercial success situated in large scale production, especially if one takes into account the high volume of romance novels published, translated and distributed all around the world every month. Second, what has also contributed to keeping the romance genre alive is the content of the books and their effect on the reader. These are stories of two heterosexual individuals who meet, fall in love, face obstacles and successfully overcome them. Through the love plots, the books address anxieties, concerns and everyday troubles that the average reader can identify with. Additionally, the romance novel is a means of escapism from everyday life and responsibilities as well as a short-lived opportunity to enjoy personal time/space and focus on one’s self. Third, the genre’s ability to adapt to the periods and societies in which it is published has also assisted in prolonging its longevity. This paper discusses the ways in which popular romance authors write and engage with the body. Despite the claim that popular romance narratives adjust their contents in accordance with different time periods and social phenomena, the paper highlights the dissimilarities between writing the female and male body and suggests that women romance writers are yet to break free from phallogocentric law. The examination of the projections of the body and the language used to describe it indicates that these narratives are flexible enough to adjust to twenty-first century but only within the limits of their own conventionality.

Keywords: body, gender, language, literary representations, popular romance narratives, taboo

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195 A Qualitative Evidence of the Markedness of Code Switching during Commercial Bank Service Encounters in Ìbàdàn Metropolis

Authors: A. Robbin

Abstract:

In a multilingual setting like Nigeria, the success of service encounters is enhanced by the use of a language that ensures the linguistic and persuasive demands of the interlocutors. This study examined motivations for code switching as a negotiation strategy in bank-hall desk service encounters in Ìbàdàn metropolis using Myers-Scotton’s exploration on markedness in language use. The data consisted of transcribed audio recording of bank-hall service encounters, and direct observation of bank interactions in two purposively sampled commercial banks in Ìbàdàn metropolis. The data was subjected to descriptive linguistic analysis using Myers Scotton’s Markedness Model.  Findings reveal that code switching is frequently employed during different stages of service encounter: greeting, transaction and closing to fulfil relational, bargaining and referential functions. Bank staff and customers code switch to make unmarked, marked and explanatory choices. A strategy used to identify with customer’s cultural affiliation, close status gap, and appeal to begrudged customer; or as an explanatory choice with non-literate customers for ease of communication. Bankers select English to maintain customers’ perceptions of prestige which is retained or diverged from depending on their linguistic preference or ability.  Yoruba is seen as an efficient negotiation strategy with both bankers and their customers, making choices within conversation to achieve desired conversational and functional aims.

Keywords: banking, bilingualism, code-switching, markedness, service encounter

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194 Structuring After-School Physical Education Programs That are Engaging, Diverse, and Inclusive

Authors: Micah J. Dobson

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After-school programs of physical education provide children with opportunities to engage in physical activities while developing healthy habits. To ensure that these programs are inclusive, diverse, and engaging, however, schools must consider various factors when designing and implementing them. This study sought to bring out efficient strategies for structuring after-school programs of physical education. The literature review was conducted using various databases and search engines. Some databases that index the journals include ERIC, Google Scholar, Scopus, Web of Science, and EBSCOhost. The search terms were combinations of keywords such as “after-school,” “physical education,” “inclusion,” “diversity,” “engagement,” “program design,” “program implementation,” “program effectiveness,” and “best practices.” The findings of this study suggest that schools that desire inclusivity must consider four key factors when designing and implementing after-school physical education programs. First, the programs must be designed with variety and fun by incorporating activities such as dance, sports, and games that appeal to all students. Second, instructors must be trained to create supportive and positive environments that foster student engagement while promoting physical literacy. Third, schools must collaborate with community stakeholders and organizations to ensure that programs are culturally inclusive and responsive. Fourth, schools can incorporate technology into their programs to enhance engagement and provide additional growth and learning opportunities.In conclusion, this study provides valuable insights into efficient strategies for structuring after-school programs of physical education that are inclusive, diverse, and engaging for all students. By considering these factors when designing and implementing their programs, schools can promote physical activity while supporting students’ overall well-being and health.

Keywords: after-school programs of physical education, community partnership, inclusivity, instructor training, technology

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193 The Potential of Sown Pastures as Feedstock for Biofuels in Brazil

Authors: Danilo G. De Quadros

Abstract:

Biofuels are a priority in the renewable energy agenda. The utilization of tropical grasses to ethanol production is a real opportunity to Brazil reaches the world’s leadership in biofuels production because there are 100 million hectares of sown pastures, which represent 20% of all land and 80% of agricultural areas. Basically, nowadays tropical grasses are used to raise livestock. The results obtained in this research could bring tremendous advance not only to national technology and economy but also to improve social and environmental aspects. Thus, the objective of this work was to estimate, through well-established international models, the potential of biofuels production using sown tropical pastures as feedstocks and to compare the results with sugarcane ethanol, considering state-of-art of conversion technology, advantages and limitations factors. There were used data from national and international literature about forage yield and biochemical conversion yield. Some scenarios were studied to evaluate potential advantages and limitations for cellulosic ethanol production, since non-food feedstock appeal to conversion strategies, passing through harvest, densification, logistics, environmental impacts (carbon and water cycles, nutrient recycling and biodiversity), and social aspects. If Brazil used only 1% of sown pastures to ethanol production by biochemical pathway, with average dry matter yield of 15 metric tons per hectare per year (there are results of 40 tons), resulted annually in 721 billion liters, that represents 10 times more than sugarcane ethanol projected by the Government in 2030. However, more research is necessary to take the results to commercial scale with competitive costs, considering many strategies and methods applied in ethanol production using cellulosic feedstock.

Keywords: biofuels, biochemical pathway, cellulosic ethanol, sustainability

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192 Analytical Derivative: Importance on Environment and Water Analysis/Cycle

Authors: Adesoji Sodeinde

Abstract:

Analytical derivatives has recently undergone an explosive growth in areas of separation techniques, likewise in detectability of certain compound/concentrated ions. The gloomy and depressing scenario which charaterized the application of analytical derivatives in areas of water analysis, water cycle and the environment should not be allowed to continue unabated. Due to technological advancement in various chemical/biochemical analysis separation techniques is widely used in areas of medical, forensic and to measure and assesses environment and social-economic impact of alternative control strategies. This technological improvement was dully established in the area of comparison between certain separation/detection techniques to bring about vital result in forensic[as Gas liquid chromatography reveals the evidence given in court of law during prosecution of drunk drivers]. The water quality analysis,pH and water temperature analysis can be performed in the field, the concentration of dissolved free amino-acid [DFAA] can also be detected through separation techniques. Some important derivatives/ions used in separation technique. Water analysis : Total water hardness [EDTA to determine ca and mg ions]. Gas liquid chromatography : innovative gas such as helium [He] or nitrogen [N] Water cycle : Animal bone charcoal,activated carbon and ultraviolet light [U.V light].

Keywords: analytical derivative, environment, water analysis, chemical/biochemical analysis

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191 Massachusetts Homeschool Policy: An Interpretive Analysis of Homeschool Regulation and Oversight

Authors: Lauren Freed

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This research proposal outlines an examination of homeschool oversight in the Massachusetts educational system amid the backdrop of ideological differences between various parties with contributing interests. This mixed methodology study will follow an interpretive policy research approach, involving the use of existing data, surveys, and focus groups. The aim is to capture distinct sets of meanings, values, feelings, and beliefs by principal stakeholders, while exploring the ways in which they/each interact with, interpret, and implement homeschool guidelines set forth by the Massachusetts Supreme Judicial Court Decision Care and Protection of Charles (1987). This analysis will identify and contextualize the attitudes, administrative choices, financial implications, and educational impacts that result from the process and practice of enacting current homeschool oversight policy in Massachusetts. The following question will guide this study: How do districts, homeschooling parents, and Massachusetts Department of Elementary and Secondary Education (DESE) regulate, fund, collect, interpret, implement and report Massachusetts homeschool oversight policy? The resulting analysis will produce a unique and original baseline snapshot of qualitative and quantifiable point-in-time data based on the registered homeschool population in the state of Massachusetts.

Keywords: alternative education, homeschooling, home education, home schooling policy

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190 Assessment of a Coupled Geothermal-Solar Thermal Based Hydrogen Production System

Authors: Maryam Hamlehdar, Guillermo A. Narsilio

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To enhance the feasibility of utilising geothermal hot sedimentary aquifers (HSAs) for clean hydrogen production, one approach is the implementation of solar-integrated geothermal energy systems. This detailed modelling study conducts a thermo-economic assessment of an advanced Organic Rankine Cycle (ORC)-based hydrogen production system that uses low-temperature geothermal reservoirs, with a specific focus on hot sedimentary aquifers (HSAs) over a 30-year period. In the proposed hybrid system, solar-thermal energy is used to raise the water temperature extracted from the geothermal production well. This temperature increase leads to a higher steam output, powering the turbine and subsequently enhancing the electricity output for running the electrolyser. Thermodynamic modeling of a parabolic trough solar (PTS) collector is developed and integrated with modeling for a geothermal-based configuration. This configuration includes a closed regenerator cycle (CRC), proton exchange membrane (PEM) electrolyser, and thermoelectric generator (TEG). Following this, the study investigates the impact of solar energy use on the temperature enhancement of the geothermal reservoir. It assesses the resulting consequences on the lifecycle performance of the hydrogen production system in comparison with a standalone geothermal system. The results indicate that, with the appropriate solar collector area, a combined solar-geothermal hydrogen production system outperforms a standalone geothermal system in both cost and rate of production. These findings underscore a solar-assisted geothermal hybrid system holds the potential to generate lower-cost hydrogen with enhanced efficiency, thereby boosting the appeal of numerous low to medium-temperature geothermal sources for hydrogen production.

Keywords: clean hydrogen production, integrated solar-geothermal, low-temperature geothermal energy, numerical modelling

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189 6,402: On the Aesthetic Experience of Facticity

Authors: Nicolás Rudas

Abstract:

Sociologists have brought to light the fascination of contemporary societies with numbers but fall short of explaining it. In their accounts, people generally misunderstand the technical intricacies of statistical knowledge and therefore accept numbers as unassailable “facts”. It is due to such pervasive fascination, furthermore, that both old and new forms of social control find fertile ground. By focusing on the process whereby the fetishization of numbers reaches its zenith, i.e., when specific statistics become emblematic of an entire society, it is asserted that numbers primarily function as moral symbols with immense potential for galvanizing collective action. Their “facticity” is not solely a cognitive problem but one that is deeply rooted in myth and connected with social experiences of epiphany and ritual. Evidence from Colombia is used to illustrate how certain quantifications become canonical. In 2021, Colombia’s Peace Court revealed that the national army had executed 6,402 innocent civilians to later report them as members of illegal armed groups. Rapidly, “6,402” transformed into a prominent item in the country’s political landscape. This article reconstructs such a process by following the first six months of the figure’s circulation, both in traditional and social media. In doing so, it is developed a new cultural-sociological conceptualization of numbers as “fact-icons” that departs from traditional understandings of statistics as “technical” objects. Numbers are icons whose appropriation is less rational than aesthetic.

Keywords: culture, statistics, collective memory, social movements

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