Search results for: legislative procedures

Authors: H. Pasternak, A. Chwastek

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The paper describes the results from a research project about repair of welds. The repair was carried out by grinding the flawed seams and re-welding them. The main task was to determine the FAT classes of original state and after repair of seams according to the assessment procedures, such as nominal, structural and effective notch stress approach. The first part shows the results of the tests, the second part encloses numerical analysis and evaluation of results to determine the fatigue strength classes according to three assessment procedures.

Keywords: cyclic loading, fatigue crack, post-weld treatment, seams’ repair

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Authors: Aman Guru, Chiron Singhi

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The Earth’s climate is being changed at an unrivalled rate since beginning of the evolution of the Earth, 4–5 billion years back, but presently it gained pace due to unintentional anthropogenic disturbances and also increased global warming since the mid-20th century, and these incessant changes in the climatic pattern may bring unpropitious effect on global health and security. Today, however, it is not only the air, or water that are polluted, but the whole atmosphere is prone to pollution and this resulted in other cascading ramification in the form of change in the pattern of rainfall, melting of ice, the rise in the sea level etc. Human activities like production, transport, burning of fuels are adding umpteen dangerous pollutants to the atmosphere which in turn gives rise to global warming. Agriculture plays an imperative part in India's economy. Agriculture, along with fisheries and forestry, is one of the largest contributors to the Gross Domestic Product in India. Research on the effect of climate change and vulnerability of agriculture is a high need in India. A steady increase of CO2 is a primary cause of climate change and global warming and which in turn have a great impact on Indian agriculture. The research focuses on the effect of climate change on Indian agriculture and the proceedings and legal control of legislative measures on such issues and the ways to implement such laws which can help to provide a solution to these problems which can prove beneficial to Indian farmers and their agricultural produce.

Keywords: agriculture, climate change, global warming, India laws, legislative measures

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Authors: Chuencheewin Yimfuang

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The WIPO copyright treaty (WCT) was established by the World Intellectual Property Organisation (WIPO). This agreement required the contracting nations to provide adequate protection to technological measures to prevent massive copyright infringement in the internet system. Thailand had to implement the anti-circumvention rules into domestic legislation to comply with this international obligation. The purpose of this paper is to critically discuss the legislative standard under the WCT. It also aims to examine the legal development of technological protection measures in Thailand and demonstrate that the scope of prohibitions under the copyright Act 2022 (NO.5) is similar to the Digital Millennium Copyright Act 1998 (DMCA) of the United States (US). It could be found that the anti-circumvention laws of Thailand prohibit the circumvention of access-control technologies, and the regulation on trafficking circumvention devices has been added to the latest version of the Thai Copyright Act. These legislative evolutions have revealed the attempt to reinforce the legal protection of technological measures and copyright holders in order to be in line with global practices. However, the amendment has problems concerning the legal definitions of effective technological measure and the prohibited act of circumvention. The vagueness might affect the scope of protection and the boundary of prohibition. With this aspect, the DMCA will be evaluated and compared to gain guidelines for interpretation and enforcement in Thailand. The lessons and experiences learned from this study might be useful to correct the flaws or at least clarify the ambiguities embodied in Thai copyright legislation.

Keywords: legal development, technological protection measure, circumvention, Thailand

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Authors: Esra Orum Cattik

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This study evaluated the effects of using video modeling procedures on the iPad to teach play skills to children with autism spectrum disorders. A male student with autism spectrum disorders participated in this study. A multiple baseline-across-skills single-subject design was used to evaluate the effects of using video modeling procedures on the iPad. During baseline, no prompts were presented to participants. In the intervention phase, the teacher gave video model on iPad to the first skill and asked play with toys for him. When the first play skill completed the second play skill began intervention. This procedure continued till all three play skill completed intervention. Finally, the participant learned all three play skills to use video modeling presented on the iPad. Based upon findings of this study, suggestions have been made to future researches.

Keywords: autism spectrum disorders, play, play skills, video modeling, single subject design

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Authors: Arlinda Memetaj

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A sound system of administrative justice represents a vital element of democratic governance. The proper control of public administration consists not only of a sound civil service framework and legislative oversight, but empowerment of the public and courts to hold public officials accountable for their decision-making through the application of fair administrative procedural rules and the use of appropriate administrative appeals processes and judicial review. The establishment of effective public administration, has been since 1990s among the most 'important and urgent' final strategic objectives of the Republic of Macedonia. To this aim the country has so far adopted a huge series of legislative and strategic documents related to any aspects of the administrative justice system. The latter is designed to strengthen the legal position of citizens, businesses, civic organizations, and other societal subjects. 'Changes and reforms' in this field have been thus the most frequent terms being used in the country for the last more than 20 years. Several years ago the County established Administrative Courts, while permanently amending the Law on the General Administrative procedure (LGAP). The new LGAP was adopted in 2015 and it introduced considerable innovations concerned. The most recent inputs in this regard includes the National Public Administration Reform Strategy 2017 – 2022, one of the key expected result of which includes both providing effective protection of the citizens` rights. In doing the aforesaid however there is still a series of interrelated shortcomings in this regard, such as (just to mention few) the complex appeal procedure, delays in enforcing court rulings, etc. Against the above background, the paper firstly describes the Macedonian institutional and legislative framework in the above field, and then illustrates the shortcomings therein. It finally claims that the current status quo situation may be overcome only if there is a proper implementation of the administrative courts decisions and far stricter international monitoring process thereof. A new approach and strong political commitment from the highest political leadership is thus absolutely needed to ensure the principles of transparency, accountability and merit in public administration. The main method used in this paper is the descriptive, analytical and comparative one due to the very character of the paper itself.

Keywords: administrative justice, administrative procedure, administrative courts/disputes, European Human Rights Court, human rights, monitoring, reform, benefit.

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Authors: Amaal Almigal

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Neurotypical children learn to ask questions from natural exposure and this skill is fundamental for their academic success. However, children with autism spectrum disorder may not learn to ask in the same way due to earlier communication impairments, and some may need to use Augmentative and Alternative Communication systems (AAC) to ask questions. This paper aims to highlight issues related to questioning skills in children with autism giving a specific attention to asking questions within preverbal or minimally verbal children. Different procedures have been employed to teach these children, including AAC users, to ask questions. Therefore, these procedures will also be discussed to administrate how they were used and what they were aimed to teach. This paper also provides a suggested procedure to assist preverbal or minimally verbal children to ask questions using an iPad application for communication (Proloquo2Go) as AAC. This suggested procedure was used with 3 children with autism. Initial results will be discussed to clarify ways in which this procedure was used with each child based on his skills and which questioning skills each child has acquired using this procedure.

Keywords: AAC, autism, communication, information, iPad, requesting

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Authors: Safwat Mohamed, Rasha Metawi, Hadeel Khalil, Hussein Kamal

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This paper discusses and reveals the manufacturing techniques of the leather scale armour of Tutankhamun. This armour was in critical condition and went under many conservation procedures as it suffered from some serious deterioration aspects including fragmentation. In addition, its original shape was lost, the leather scales were found scattered in the box and separated from the linen basis, and hence its outlines were blurred and incomprehensible. In view of this, the leather scale armour of Tutankhamun was desperate for urgent conservation and reconstruction interventions. Documentation measures were done before conservation. Several re-treatable conservation procedures were applied seeking for stabilizing the armour and reaching sustainable condition. The conservation treatments included many investigations and analyses that helped in revealing materials and techniques of making the armour. The leather scale armour of Tutankhamun consisted of leather scales attached to a linen support. This linen support consisted of several layers. Howard Carter assumed that the linen support consisted of 6 layers. The undertaken conservation treatments helped in revealing the actual number of layers of the linen support as well as in reaching the most sustainable condition. This paper views the importance of the conservation procedures, which were recently carried out on Tutankhamun’s leather scale armour, in identifying and revealing all materials and techniques used in its manufacturing. The collected data about manufacturing techniques were used in making a replica of the leather scale armour with the same methods and materials.

Keywords: leather scales armours, conservation, manufacturing techniques, Tutankhamun, producing a replica

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Authors: Kazuma Mizukoshi

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Are electoral politics in contemporary Brazil still local in organization and focus? The importance of this question lies in its paradoxical trajectories. First, often coupled with institutional and sociological ‘barriers’ (e.g. the selection and election of candidates relatively loyal to the local party leadership, the predominance of territorialized electoral campaigns, and the resilience of political clientelism), the regionalization of electoral politics has been a viable and practical solution especially for pragmatic politicians in some Latin American countries. On the other hand, some leftist parties that once served as minor opposition forces at the time of foundational or initial elections have certainly expanded vote shares. Some were eventually capable of holding most (if not a majority) legislative seats since the 1990s. Though not yet rigorously demonstrated, theoretically implicit in the rise of leftist parties in legislative elections is the gradual (if not complete) nationalization of electoral support—meaning the growing equality of a party’s vote share across electoral districts and its change over time. This study will develop four hypotheses to explain the dynamics of party nationalization in contemporary Brazil: district magnitude, ethnic and class fractionalization of each district, voting intentions in federal and state executive elections, and finally the left-right stances of electorates. The study will demonstrate these hypotheses by closely working with the Brazilian Electoral Study (2002-2014).

Keywords: party nationalization, presidential coattails, Left, Brazil

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Authors: J. Silva, P. Arezes, R. Schierl, N. Costa

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In order to study environmental contamination by cytostatic drugs in Portugal hospitals, sampling campaigns were conducted in three hospitals in 2015 (112 samples). Platinum containing drugs and fluorouracil were chosen because both were administered in high amounts. The detection limit was 0.01 pg/cm² for platinum and 0.1 pg/cm² for fluorouracil. The results show that spills occur mainly on the patient`s chair, while the most referenced occurrence is due to an inadequately closed wrapper. Day hospitals facilities were detected as having the largest number of contaminated samples and with higher levels of contamination.

Keywords: cytostatic, contamination, hospital, procedures, handling

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Authors: Zafar Iqbal Zafar, Abdul Waheed

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The Capital Development Authority (CDA) Ordinance 1960 requires CDA to acquire land for the provision of housing in Islamabad. However, the pace of residential development was slow and the demand for housing was increasing rapidly. To resolve the growing housing problem, CDA involved the private sector in the development of housing schemes. Detailed bye-laws for regulation of private housing schemes were prepared and these bylaws were called “Modalities & Procedures”. This paper explains how the Modalities and Procedures of CDA have been successful in regulating the development of private housing schemes in Islamabad.

Keywords: housing schemes, master plan, development works, zoning regulations

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Authors: Abdelkader Ababneh

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Heritage management planning is increasingly important throughout the international context, particularly in the developing countries. Jordan has important and unique heritage resources due to its natural topography and climate, but also to its history and old sites. A high number of these archaeological sites are in very good state of preservation. Most natural sites and resources are privately managed while archaeological heritage sites are publicly managed within national legal texts and with some referencing to international legal documents. This study examines the development of cultural heritage management in Jarash, and questions if this heritage has been managed in an appropriate manner. The purpose of this paper is to define and review the stakeholders in charge of the management of the archaeological site of Jarash, the legal texts, laws and documents adopted to apply the site management. Relations and coordination between stakeholders and the challenge of the planning process is also the focus of this paper. A review of pertinent academic, technical studies, reports and projects literature pertaining to the heritage management planning in general and related to the site of Jarash in particular coupled with field study of the site served as the background of the information base for the study. Current context of actors, legislative framework, planning policies and initiatives for the site of Jarash reveal important and continuous challenge for managing the site. Recommendations suggest reviewing and restructuring the entity responsible of the sites management. It is also recommended to review their applied policies and a redevelopment of the legislative frame work.

Keywords: heritage management, stakeholders, legal protection, Jarash

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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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Authors: Mokgadi Julia Ngoepe-Ntsoane

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The article aims to make a case for a legislative framework for the fire sector in South Africa. Robust legislative framework is essential for empowering those with obligatory mandate within the sector. This article contributes to the body of knowledge in the field of policy reviews particularly with regards to the legal framework. It has been observed overtime that the scholarly contributions in this field are limited. Document analysis was the methodology selected for the investigation of the various legal frameworks existing in the country. It has been established that indeed the national legislation on the fire industry does not exist in South Africa. From the documents analysed, it was revealed that the sector is dominated by cartels who are exploiting the new entrants to the market particularly SMEs. It is evident that these cartels are monopolising the system as they have long been operating in the system turning it into self- owned entities. Commitment to addressing the challenges faced by fire services and creating a framework for the evolving role that fire brigade services are expected to execute in building safer and sustainable communities is vital. Legislation for the fire sector ought to be concluded with immediate effect. The outdated national fire legislation has necessitated the monopolisation and manipulation of the system by dominating organisations which cause a painful discrimination and exploitation of smaller service providers to enter the market for trading in that occupation. The barrier to entry bears long term negative effects on national priority areas such as employment creation, poverty, and others. This monopolisation and marginalisation practices by cartels in the sector calls for urgent attention by government because if left attended, it will leave a lot of people particularly women and youth being disadvantaged and frustrated. The downcast syndrome exercised within the fire sector has wreaked havoc and is devastating. This is caused by cartels that have been within the sector for some time, who know the strengths and weaknesses of processes, shortcuts, advantages and consequences of various actions. These people take advantage of new entrants to the sector who in turn find it difficult to manoeuvre, find the market dissonant and end up giving up their good ideas and intentions. There are many pieces of legislation which are industry specific such as housing, forestry, agriculture, health, security, environmental which are used to regulate systems within the institutions involved. Other regulations exist as bi-laws for guiding the management within the municipalities.

Keywords: sustainable job creation, growth and development, transformation, risk management

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Authors: Dorota Habrat

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In Polish law, the idea of the introduction of corporate responsibility for crimes is becoming more popular and creates a lot of questions. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The Act of 28 October 2002 on the liability of collective entities for acts prohibited under penalty is one of the example of adaptation of Polish law to Community law. Introduction to Polish law a criminal nature liability of corporations (legal persons) has resulted in a lot of controversy and lack of acceptance from both the scientific community as well as the judiciary. The responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. The next question is how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.

Keywords: criminal corporate responsibility, Polish criminal law, legislative solutions, Act of 28 October 2002

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Authors: Deniz A. Apostol, Denyl A. Apostol, Oliver T. Macapinlac, George S. Katigbak

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Ang lupa ay buhay at ang buhay ay lupa (land is life and life is land). Based on the 2015 census, the Indigenous Peoples (IPs) population in the Philippines is estimated to be 11.3-20.2 million. They hail from various regions, possess distinct cultures, but encounter shared struggles in territorial disputes. Itogon, the largest Benguet municipality, is home to the Ibaloi, Kankanaey, and other Igorot tribes. Despite having three (3) Ancestral Domains (ADs), Itogon is predominantly labeled as timberland or forest. These overlapping land classifications highlight the presence of inconsistencies in national laws and jurisdictions. This study aims to analyze surveying procedures used by the Igorots, NCIP, and DENR in mapping the Itogon AD Boundaries, show land boundary delineation conflicts, propose surveying guidelines, and recommend 3D Participatory Mapping as geomatics solution for updated AD reference maps. Interpretative Phenomenological Analysis (IPA), Comparative Legal Analysis (CLA), and Map Overlay Analysis (MOA) were utilized to examine the interviews, compare land policies and surveying procedures, and identify differences and overlaps in conflicting land boundaries. In the IPA, master themes identified were AD Definition (rights, responsibilities, restrictions), AD Overlaps (land classifications, political boundaries, ancestral domains, land laws/policies), and Other Conflicts (with other agencies, misinterpretations, suggestions), as considerations for mapping ADs. CLA focused on conflicting surveying procedures: AD Definitions, Surveying Equipment, Surveying Methods, Map Projections, Order of Accuracy, Monuments, Survey Parties, Pre-survey, Survey Proper, and Post-survey procedures. MOA emphasized the land area percentage of conflicting areas, showcasing the impact of misaligned surveying procedures. The findings are summarized through a Land Administration Domain Model (LADM) Conflict, for AD versus AD and Political Boundaries. The products of this study are identification of land conflict factors, survey guidelines recommendations, and contested land area computations. These can serve as references for revising survey manuals, updating AD Sustainable Development and Protection Plans, and making amendments to laws.

Keywords: ancestral domain, gis, indigenous people, land policies, participatory mapping, surveying, survey procedures

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Authors: Hudson Akewe

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We prove that the convergence of explicit Mann, explicit Ishikawa, explicit Noor, explicit SP, explicit multistep and explicit multistep-SP fixed point iterative procedures are equivalent for the classes of multi-valued phi-contraction, phi-Zamfirescu and phi-quasi-contractive mappings in the framework of modular function spaces. Our results complement equivalence results on normed and metric spaces in the literature as they elegantly cut out the triangle inequality.

Keywords: multistep iterative procedures, multivalued mappings, equivalence results, fixed point

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Authors: L. Roseiro, C. Veiga, V. Maranha, A. Neto, N. Laraqi, A. Baïri, N. Alilat

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In orthopedic surgery there are various situations in which the surgeon needs to implement methods of cutting and drilling the bone. With this type of procedure the generated friction leads to a localized increase in temperature, which may lead to the bone necrosis. Recognizing the importance of studying this phenomenon, an experimental evaluation of the temperatures developed during the procedure of drilling bone has been done. Additionally the influence of the use of the procedure with / without additional lubrication during drilling of bone has also been done. The obtained results are presented and discussed and suggests an advantage in using additional lubrication as a way to minimize the appearance of bone tissue necrosis during bone drilling procedures.

Keywords: bone necrosis, bone drilling, thermography, surgery

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Authors: Ali Mahmoud, Shadi Najjar, Mounir Mabsout, Kassim Tarhini

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Empirical expressions for estimating the wheel load distribution and live-load bending moment are typically specified in highway bridge codes such as the AASHTO procedures. The purpose of this paper is to analyze the reliability levels that are inherent in reinforced concrete slab bridges that are designed based on the simplified empirical live load equations in the AASHTO LRFD procedures. To achieve this objective, bridges with multi-lanes (three and four lanes) and different spans are modeled using finite-element analysis (FEA) subjected to HS20 truck loading, tandem loading, and standard lane loading per AASHTO LRFD procedures. The FEA results are compared with the AASHTO LRFD moments in order to quantify the biases that might result from the simplifying assumptions adopted in AASHTO. A reliability analysis is conducted to quantify the reliability index for bridges designed using AASHTO procedures. To reach a consistent level of safety for three- and four-lane bridges, following a previous study restricted to one- and two-lane bridges, the live load factor in the design equation proposed by AASHTO LRFD will be assessed and revised if needed by alternating the live load factor for these lanes. The results will provide structural engineers with more consistent provisions to design concrete slab bridges or evaluate the load-carrying capacity of existing bridges.

Keywords: reliability analysis of concrete bridges, finite element modeling, reliability analysis, reinforced concrete bridge design, load carrying capacity

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Authors: Mallikarjun Vaddenkeri, Suresh Jange

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This research study reports results of information behaviour by members of faculty and research scholars of various departments of social sciences working at universities with a sample of 300 and Members of Legislative Assembly and Council with 216 samples in Karnataka State, India. The results reveal that 29.3% and 20.3% of Social Scientists indicated medium and high level of awareness of primary sources - Primary Journals are found to be at scale level 5 and 9. The usage of primary journals by social scientists is found to be 28% at level 4, 24% of the respondent’s opined use of primary Conference Proceedings at level 5 as medium level of use. Similarly, the use of Secondary Information Sources at scale 8 and 9 particularly in case of Dictionaries (31.0% and 5.0%), Encyclopaedias (22.3% and 6.3%), Indexing Periodicals (7.0% and 15.3%) and Abstracting Periodicals (5.7% and 20.7%). For searching information from Journals Literature available in CD-ROM version, Keywords (43.7%) followed by Keywords with logical operators (39.7%) have been used for finding the required information. Statistical inference reveals rejection of null hypothesis `there is no association between designation of the respondents and awareness of primary information resources’. On the other hand, educational qualification possessed by Legislative members, more than half of them possess graduate degree as their academic qualification (57.4%) and just 16.7% of the respondents possess graduate degree while only 26.8% of the respondents possess degree in law and just 1.8% possess post-graduate degree in law. About 42.6% indicated the importance of information required to discharge their duties and responsibilities as a Policy Maker in the scale 8, as a Scholar (27.8%) on a scale 6, as a politician (64.8%) on a scale 10 and as a Councillor (51.9%) on a scale 8. The most preferred information agencies/sources very often contacted for obtaining useful information are by means of contacting the people of Karnataka State Legislative Library, listening Radio programmes, viewing Television programmes and reading the newspapers. The methods adopted for obtaining needed information quite often by means of sending their assistants to libraries to gather information (35.2%) and personally visiting the information source (64.8%). The null hypotheses `There is no association between Members of Legislature and Opinion on the usefulness of the resources of the Karnataka State Legislature Library’ is accepted using F ANOVA test. The studies conclude with a note revamp the existing library system in its structure and adopt latest technologies and educate and train social scientists and Legislators in using these resources in the interest of academic, government policies and decision making of the country.

Keywords: information use behaviour, government information, searching behaviour, policy makers

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Authors: Vijaya K. Srivastava, Davide Spinello

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This paper presents performance of two robust gradient-based heuristic optimization procedures based on 3ⁿ enumeration and tunneling approach to seek global optimum of constrained integer problems. Both these procedures consist of two distinct phases for locating the global optimum of integer problems with a linear or non-linear objective function subject to linear or non-linear constraints. In both procedures, in the first phase, a local minimum of the function is found using the gradient approach coupled with hemstitching moves when a constraint is violated in order to return the search to the feasible region. In the second phase, in one optimization procedure, the second sub-procedure examines 3ⁿ integer combinations on the boundary and within hypercube volume encompassing the result neighboring the result from the first phase and in the second optimization procedure a tunneling function is constructed at the local minimum of the first phase so as to find another point on the other side of the barrier where the function value is approximately the same. In the next cycle, the search for the global optimum commences in both optimization procedures again using this new-found point as the starting vector. The search continues and repeated for various step sizes along the function gradient as well as that along the vector normal to the violated constraints until no improvement in optimum value is found. The results from both these proposed optimization methods are presented and compared with one provided by popular MS Excel solver that is provided within MS Office suite and other published results.

Keywords: constrained integer problems, enumerative search algorithm, Heuristic algorithm, Tunneling algorithm

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Authors: Manoj Gujar

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The present paper is an attempt to interpret two Marathi translations of Khushwant Singh’s (1915-2014) novel Train to Pakistan (1956). The 20th century was branded as an era of Liberalization, Privatization and Globalization. Different countries and cultures have enunciated interaction with one another in an unprecedented manner. The world is becoming multilingual and multicultural. The democratic countries such as the U.S.A., the U.K., and India have become pivotal centers of interlingual and cross-cultural exchange. People belonging to different nationalities showed keen interest in knowing the characteristic features of different languages and of their cultures. Here, ‘Translation’ plays an important role in such multilingual and multicultural contexts. Translation is not only translation of a language but a translation of a culture. However, in the act of translation a translator makes use of such procedures as borrowing, definition, literal translation, substitution, lexical creation, omission, addition as well as their various combinations. To him, a text produced in one linguistic and cultural context can reach other linguistic and cultural contexts through these processes of translation. A worthy work of art appeals many readers. India, being a multilingual country we find that there goes multiple translations of the same text in different Indian languages. But sometimes, if can be found that a same text appeals to different ages and the same text gets translated into the same language by the two or more authors. In this reference, the present paper is an attempt to study how different translations of the same text differ in terms of procedures and strategies during the process of the translation of culture. The source text is Khushwant Singh’s historical novel Train to Pakistan (1956). The novel was widely appreciated and so translated into different regional languages in India. The novel has two Marathi translations: Agniratha (1972) by Hidayatkhan and Train to Pakistan (1980) by Anil Kinikar. This paper is an attempt to evaluate the strategies and procedures in translation to analyze these two Marathi translations. Hidayat Khan made a lot of omissions of the significant details and distorted the original text to a large extent, whereas, Anil Kinikar has done justice to the Source Text by rendering it in Marathi as faithfully as possible.

Keywords: culture, multilingual, procedures and strategies, translation

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Authors: Mehrnoosh Abouzari, Shahrokh Shahraei

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With the development of artificial intelligence in the present age, intelligent machines and systems have proven their actual and potential capabilities and are mindful of increasing their presence in various fields of human life in the fields of industry, financial transactions, marketing, manufacturing, service affairs, politics, economics and various branches of the humanities .Therefore, despite the conservatism and prudence of law enforcement, the traces of artificial intelligence can be seen in various areas of law. Including judicial robotics capability estimation, intelligent judicial decision making system, intelligent defender and attorney strategy adjustment, dissemination and regulation of different and scattered laws in each case to achieve judicial coherence and reduce opinion, reduce prolonged hearing and discontent compared to the current legal system with designing rule-based systems, case-based, knowledge-based systems, etc. are efforts to apply AI in law. In this article, we will identify the ways in which AI is applied in its laws and regulations, identify the dominant concerns in this area and outline the relationship between these two areas in order to answer the question of how artificial intelligence can be used in different areas of law and what the implications of this application will be. The authors believe that the use of artificial intelligence in the three areas of legislative, judiciary and executive power can be very effective in governments' decisions and smart governance, and helping to reach smart communities across human and geographical boundaries that humanity's long-held dream of achieving is a global village free of violence and personalization and human error. Therefore, in this article, we are going to analyze the dimensions of how to use artificial intelligence in the three legislative, judicial and executive branches of government in order to realize its application.

Keywords: artificial intelligence, law, intelligent system, judge

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Authors: Arlinda Memetaj

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Building up of a well-functioning administrative justice system is one of the key prerequisites for ensuring the existence of an accountable and efficient public administration in Kosovo as well. To this aim, the country has already established an almost comprehensive legislative and institutional frameworks. The latter derives from (among others) the Kosovo`s Stabilisation and Association Agreement with the EU of 2016. A series of efforts are being presently still undertaken by all relevant domestic and international stakeholders being active in both the Kosovo`s public administration reform and the country` s system of a local self-government. Both systems are thus under a constant state of reform. Despite the aforesaid, there is still a series of shortcomings in the country in above context. There is a lot of backlog of administrative cases in the Prishtina Administrative court; there is a public lack in judiciary; the public administration is organized in a fragmented way; the administrative laws are still not properly implemented at local level; the municipalities` legislative and executive branches are not sufficiently transparent for the ordinary citizens ... Against the above short background, the full paper firstly outlines the legislative and institutional framework of the Kosovo's systems of an administrative justice and local self-government (on the basis of the fact that public administration and local government are not separate fields). It then illustrates the key specific shortcomings in those fields, as seen from the perspective of the citizens' right to good administration. It finally claims that the current status quo situation in the country may be resolved (among others) by granting Kosovo a status of full member state of the Council of Europe or at least granting it with a temporary status of a contracting party of (among others) the European Human Rights Convention. The later would enable all Kosovo citizens (regardless their ethnic or other origin whose human rights are violated by the Kosovo`s relative administrative authorities including the administrative courts) to bring their case/s before the respective well-known European Strasbourg-based Human Rights Court. This would consequently put the State under permanent and full monitoring process, with a view to obliging the country to properly implement the European Court`s decisions (as adopted by this court in those cases). This would be a benefit first of all for the very Kosovo`s ordinary citizens regardless their ethnic or other background. It would provide for a particular positive input in the ongoing efforts being undertaken by Kosovo and Serbia states within the EU-facilitated Dialogue, with a view to building up of an integral administrative justice system at central and local level in the whole Kosovo` s territory. The main method used in this paper is the descriptive, analytical and comparative one.

Keywords: administrative courts, administrative justice, administrative procedure, benefit, European Human Rights Court, human rights, monitoring, reform.

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Authors: Babulayi B. Wilson

Abstract:

Unsatisfactory performance of construction projects in both the industrialised and developing countries indicate that there could be several defects in construction projects phases. Notwithstanding the fact that some project defects are often conceived at the initiation phase of construction projects, insufficient knowledge of contract procedures has been identified as one of the major sources of construction disputes. Contract procedures are a set of rules that outlines the primary obligations and liabilities of parties involved in the implementation of a construction project. Engineering professional bodies often codify contract procedures into standard forms of contract such as the Institution of Civil Engineers (ICE, UK) and Association of Consulting Engineers (ACE, UK) and keep them under constant review by updating any clause to reflect any change in case law or relevant piece of legislation. Even so, it is the responsibility of a professional body or conditions of contract draftsperson to introduce contract-specific clauses that may be necessary for business efficacy but not covered in the chosen standard conditions of contract. In Botswana, the use of clients’ drafted and/or un-adapted for environment of use international forms of contract in conjunction with client-drafted pricing schedules is common. The product of the latter often impact negatively upon contractors’ claims and payments, in that, tender rates and prices can only be deemed to be sufficient if the chosen conditions of contract compliment the pricing schedule (use of standardised procurement documents). In addition, client drafted and the use of borrowed forms of contract such as FIDIC often conflict with domicile law resulting in costly disputes on the part of the client. It is upon the preceding text that the object of the research is to measure the level of knowledge of contract procedures amongst key stakeholders in the Botswana construction industry by requesting a representative sample from the industry and academia to respond to tutorial questions prepared from two commonly used forms of contract for civil works, that is, FIDIC (International Form of Contract) and ICE (UK). The questions were prepared under the following captions: (a) preparation of tender documents (b) obligations of the parties (c) contract administration; and (d) claims, variations, and valuation of variations. After ascertaining that the level of knowledge of contract procedures is insufficient among most practitioners in the Botswana construction industry, major procurement entities, and engineering institutions of learning; a guide to drafting a condition of a construction contract was developed and then validated through seminars and workshops. In the present, the effectiveness of the guide is not yet measured but feedback from seminars and workshops conducted indicates an appreciation of the guide by the majority of major construction industry stakeholders.

Keywords: contract procedures, conditions of contract, professional practice, construction law, forms of contract

Procedia PDF Downloads 157

Authors: Traci A. Hefner

Abstract:

Limited research exists on the readiness of emergency departments to respond to human trafficking (HT). The purpose of this qualitative case study was to improve the readiness of a Department of Emergency Medicine (ED), located in the southeast region of the United States, in identifying, assessing, and responding to trafficked individuals. The research objectives were to 1) provide an organizing framework to understand the ED’s readiness to respond to HT, using the Transtheoretical Model’s stages of change construct, 2) explain the readiness of the ED through a three-pronged contextual approach that included policies and procedures, patient data collection processes, and clinical practice methods, and 3) develop recommendations to respond to HT. Content analysis was used for document reviews and on-site observations, while thematic analysis identified themes of staff perceptions of the ED’s readiness in interviews of over 30 clinical and non-clinical healthcare professionals. Results demonstrated low levels of readiness to identify HT through the ED’s policies and procedures, data collection processes, and clinical practice methods. Clinical practice-related factors consisted of limited awareness of HT warning signs and low-levels of knowledge about community resources for possible HT referrals. Policy and practice recommendations to increase the ED’s readiness to respond to HT included: developing staff trainings across the ED system to enhance awareness of HT warning signs, incorporating HT into current policies and procedures for vulnerable patient populations as well as creating a HT protocol that addresses policies and procedures, screening tools, and community referrals.

Keywords: emergency medicine, human trafficking, organizational assessment, stages of change

Procedia PDF Downloads 119

Authors: A. Porshnev, A. Zaporozhtchuk

Abstract:

Motivation regarded as a key factor of labor turnover, is especially important for volunteers working on an altruistic basis in NGO. Despite the motivational letter, candidate selection depends on the impression of the selection committee, which can be subject to human bias. We expect that structured and unstructured information provided in motivation letters could be used to improve candidate selection procedures. In our paper, we perform qualitative and quantitative analysis of 2280 motivation letters, create logistic regression, and build a decision tree to improve selection procedures. Our analysis showed that motivation factors are significant and enable human resources department to forecast labor turnover and provide extra information to demographic, professional and timing questions. In spite of the average level of accuracy the model demonstrates the selection procedures of company of under consideration can be improved. We also discuss interrelation between answers to open and closed motivation questions, recommend changes in motivational letter templates to ensure more relevant information about applicants and further steps to create more accurate model.

Keywords: decision trees, logistic regression, model, motivational letter, non-governmental organization, retention, turnover

Procedia PDF Downloads 151

Authors: Zhikai Chena, Renzhong Fu, Wen Chaib, Rongxin Yuanb

Abstract:

Two eco-benign and highly efficient routes for the synthesis of amides have been developed by treating amines with corresponding carboxylic acids or carboxamides in the presence of heteropolyanion-based ionic liquids (HPAILs) as catalysts. These practical reactions can tolerate a wide range of substrates. Thus, various amides were obtained in good to excellent yields under solvent-free conditions at heating. Moreover, recycling studies revealed that HPAILs are easily reusable for this two procedures. These methods provide green and much improved protocols over the existing methods.

Keywords: synthesis, amide, ıonic liquid, catalyst

Procedia PDF Downloads 232

Authors: Hazem M. Al-Mofleh, John E. Daniels, Joseph W. McKean

Abstract:

In this paper numerous robust fitting procedures are considered in estimating spatial variograms. In spatial statistics, the conventional variogram fitting procedure (non-linear weighted least squares) suffers from the same outlier problem that has plagued this method from its inception. Even a 3-parameter model, like the variogram, can be adversely affected by a single outlier. This paper uses the Hogg-Type adaptive procedures to select an optimal score function for a rank-based estimator for these non-linear models. Numeric examples and simulation studies will demonstrate the robustness, utility, efficiency, and validity of these estimates.

Keywords: asymptotic relative efficiency, non-linear rank-based, rank estimates, variogram

Procedia PDF Downloads 392

Authors: Lilian Noronha Nassif

Abstract:

Cybercrime investigation demands an appropriated evidence collection mechanism. If the investigator does not acquire digital proofs in a forensic sound, some important information can be lost, and judges can discard case evidence because the acquisition was inadequate. The correct digital forensic seizing involves preparation of professionals from fields of law, police, and computer science. This paper presents important challenges faced during evidence collection in different perspectives of places. The crime scene can be virtual or real, and technical obstacles and privacy concerns must be considered. All pointed challenges here highlight the precautions to be taken in the digital evidence collection and the suggested procedures contribute to the best practices in the digital forensics field.

Keywords: digital evidence, digital forensics process and procedures, mobile forensics, cloud forensics

Procedia PDF Downloads 380

Authors: Danilsa Lorduy, Liliana Valle

Abstract:

Assessment and evaluation are inextricable parts of the teaching learning process. Evaluation practices concerns are gaining popularity among curriculum developers an educational researchers, particularly in Colombian regions where English language is taught as a foreign language EFL. This study addressed one of those issues, which are the unbalanced in –services’ evaluation practices perceived in school classes. They present predominance on the written test among the procedures they use to evaluate; therefore, the purpose of this case study was to explore in-service teachers’ evaluation practices, their beliefs about evaluation and to establish an eventual connection between practices and beliefs. To this end, classroom observations, questionnaires, and a semi structured interview were applied to three in-service English teachers from different schools in a city in Colombia. The findings suggested that teachers’ beliefs indicate a formative inclination and they actually are using a variety of procedures different from test but they seem to have some issues regarding their appropriateness for application Moreover, it was found that teachers’ practices are being influenced by external factors such as school requirements and national policies. It could be concluded that the predominance in using tests is not only elicited by teachers’ beliefs but also by national test results 'Pruebas Saber' and law 115 demanding. It was also suggested that further quantitative research is needed to demonstrate connections between overuse of testing procedures and 'Pruebas Saber' national test.

Keywords: beliefs, evaluation, external factors, national test

Procedia PDF Downloads 143