Search results for: obstacles to judicial independence
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1340

Search results for: obstacles to judicial independence

1250 Unconscious Bias in Judicial Decisions: Legal Genealogy and Disgust in Cases of Private, Adult, Consensual Sexual Acts Leading to Injury

Authors: Susanna Menis

Abstract:

‘Unconscious’ bias is widespread, affecting society on all levels of decision-making and beyond. Placed in the law context, this study will explore the direct effect of the psycho-social and cultural evolution of unconscious bias on how a judicial decision was made. The aim of this study is to contribute to socio-legal scholarship by examining the formation of unconscious bias and its influence on the creation of legal rules that judges believe reflect social solidarity and protect against violence. The study seeks to understand how concepts like criminalization and unlawfulness are constructed by the common law. The study methodology follows two theoretical approaches: historical genealogy and emotions as sociocultural phenomena. Both methods have the ‘tracing back’ of the original formation of a social way of seeing and doing things in common. The significance of this study lies in the importance of reflecting on the ways unconscious bias may be formed; placing judges’ decisions under this spotlight forces us to challenge the status quo, interrogate justice, and seek refinement of the law.

Keywords: legal geneology, emotions, disgust, criminal law

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1249 Obstacles in Integrating ICT in Education: A Cross-Sectional Study in GCC Countries

Authors: Mohammed Alhawiti

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This paper investigates the insight of educational practitioners concerning challenges that seriously obstruct the comprehension of ICT-related goals of educational institutes. ICT education is a broad area encircling a variety of discipline; both those traditionally classified as IT such as information systems, engineering etc., as well as recent areas, which cross over a variety of educational fields. The results are from a local survey among national representative samples of institutes across GCC countries. The research entails a brief synopsis of the design of this project, a review of key indicators regarding ICT (Information and Communication Technologies) in various institutions, key obstacles and an investigation of the co-variation between challenges and related factors at the country-level.

Keywords: information, communication technology, GCC countries, education sector

Procedia PDF Downloads 407
1248 Mode Choice for School Trip of Children’s Independence Mobility: A Case Study of School Proximity to Mass Transit Stations in Bangkok, Thailand

Authors: Phannarithisen Ong

Abstract:

Children's independent mobility for school trips promotes physical and mental well-being, reduces parental chauffeuring and traffic congestion, and boosts children's public confidence. However, in Thailand, despite a decade of rail mass transit development in Bangkok City, cars still queue to drop students at schools near transit stations. This worsens congestion, urging better independent mobility among children in mass transit regions. The high reliance on the private vehicle will influence the private mode in the children's adulthood. This research emphasizes mass transit use among high school students near transit systems. Through a questionnaire survey, quantitative and qualitative methods reveal key factors impacting school trip mode choice. Preliminary findings highlight children's independence as crucial. The socioeconomic, demographic, trip, and transportation traits explain private car use, even schools near mass transit stations. The outcomes of this study will shed light on urban strategic policies for improvement, advocacy, and encouragement of students using mass transit for school trips, which will help normalize the use of mass transit for such trips.

Keywords: children's independence mobility, mode choice, school trips, TOD, extraneous variable, children's independency

Procedia PDF Downloads 98
1247 How to Modernise the ECN

Authors: Dorota Galeza

Abstract:

This paper argues that networks, such as the ECN and the American network, are affected by certain small events which are inherent to path dependence and preclude the full evolution towards efficiency. It is advocated that the American network is superior to the ECN in many respects due to its greater flexibility and longer history. This stems in particular from the creation of the American network, which was based on a small number of cases. Such structure encourages further changes and modifications which are not necessarily radical. The ECN, by contrast, was established by legislative action, which explains its rigid structure and resistance to change. It might be the case that the ECN is subject not so much to path dependence but to past dependence. It might have to be replaced, as happened to its predecessor. This paper is an attempt to transpose the superiority of the American network on to the ECN. It looks at concepts such as judicial cooperation, harmonization of procedure, peer review and regulatory impact assessments (RIAs), and dispute resolution procedures. The aim is to adopt these concepts into the EU setting without recourse to legal transplantation. The major difficulty is that many of these concepts have been tested only in the US and it is difficult to tell whether they could be modified to meet EU standards. Concepts such as judicial cooperation might be difficult due to different language traditions in EU member states. It is hoped that greater flexibility, as in the American network, would boost legitimacy and transparency.

Keywords: ECN, networks, regulation, competition

Procedia PDF Downloads 396
1246 Improvement of Thermal Comfort Conditions in an Urban Space "Case Study: The Square of Independence, Setif, Algeria"

Authors: Ballout Amor, Yasmina Bouchahm, Lacheheb Dhia Eddine Zakaria

Abstract:

Several studies all around the world were conducted on the phenomenon of the urban heat island, and referring to the results obtained, one of the most important factors that influence this phenomenon is the mineralization of the cities which means the reducing of evaporative urban surfaces, replacing vegetation and wetlands with concrete and asphalt. The use of vegetation and water can change the urban environment and improve comfort, thus reduce the heat island. The trees act as a mask to the sun, wind, and sound, and also as a source of humidity which reduces air temperature and surrounding surfaces. Water also acts as a buffer to noise; it is also a source of moisture and regulates temperature not to mention the psychological effect on humans. Our main objective in this paper is to determine the impact of vegetation, ponds and fountains on the urban micro climate in general and on the thermal comfort of people along the Independence square in the Algerian city of Sétif, which is a semi-arid climate, in particularly. In order to reach this objective, a comparative study between different scenarios has been done; the use of the Envi-met program enabled us to model the urban environment of the Independence Square and to study the possibility of improving the conditions of comfort by adding an amount of vegetation and water ponds. After studying the results obtained (temperature, relative humidity, wind speed, PMV and PPD indicators), the efficiency of the additions we've made on the square was confirmed and this is what helped us to confirm our assumptions regarding the terms of comfort in the studied site, and in the end we are trying to develop recommendations and solutions which may contribute to improve the conditions for greater comfort in the Independence square.

Keywords: comfort in outer space, urban environment, scenarisation, vegetation, water ponds, public square, simulation

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1245 Pre-Service Teacher Education Reforms in India and Pakistan: Challenges and Possibilities

Authors: Jyoti Sharma

Abstract:

India and Pakistan are two strategically important neighboring countries in Asia-Pacific region. Since independence of more than six decades, both, India and Pakistan have transverse different paths, India as a Sovereign, Democratic, Republic Country and Pakistan as Islamic Republic of Pakistan. The advent of democracy in India and Islamic republic in Pakistan resulted in new hopes, aspirations and demands on education. During the six decades after Independence, teacher education in both countries has come a long way from its initial bleak stature to gain an identity as a complex network of institutions and programs. The present paper takes a close look into the paradigm shift in teacher education programs in India and Pakistan and how much the shift is influenced by constitutional frameworks of each country.

Keywords: pre-service teachers, teacher education reforms, India, Pakistan

Procedia PDF Downloads 688
1244 Barriers to the Uptake of Technology in the Quantity Surveying Industry

Authors: Mnisi Blessing, Christopher Amoah

Abstract:

Purpose: The usage of modern technology is widespread in industrialised nations. The issue still pertains to developing countries since they struggle to use technology in the building sector. The study aims to identify the barriers to technology usage in quantity surveying firms. Methodology: Quantity Surveyors were interviewed via Microsoft teams due to the dispersed nature of the participants. However, where the interview was not possible, the interview guide was emailed to the participants to fill in. In all, 12 participants were interviewed out of the 25 participants contacted. The data received were analysed using the content analysis process. Findings: The study's findings demonstrate that quantity surveyors have access to a wide range of technology that significantly enhances their project activities. However, quantity surveying companies are hesitant to use technology for several reasons, including the cost and maintenance associated with it. Other obstacles include a lack of knowledge, poor market acceptance, legal obstacles, and budgetary constraints. Implication: Despite the advantages associated with modern technology applications, quantity surveying firms are not using them, which may ultimately affect their work output. Therefore, firms need to re-examine these obstacles, inhibiting their adoption of technology in the work process to enhance their production. Value of the Paper: The study reveals the main hindrances to technology usage, which may help firms institute measures to address them.

Keywords: barriers, implementation, technology, quantity surveying

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1243 The Egyptian eGovernment Journey

Authors: Ali Abdelsattar Elshabrawy

Abstract:

The Egyptian government is struggling to build it's eGovernment project. They succeeded to build the Egyptian digital portal, which contain links for number of services provided by different ministries. For achieving such success, their are requirements necessary to build such a project such as: internet dissemination, IT literacy, Strategy, disqualification of paper based services. This paper is going to clarify the main obstacles to the Egyptian eGovernment project from both the supply and demand sides. Also will clarify the most critical requirements in this phase of the project lifecycle. This paper should be in great value for the project team and also for many other developing countries that share the same obstacles.

Keywords: the egyptian egovernment project lifecycle, supply side barriers, demand side barriers, egovernment project requirements

Procedia PDF Downloads 120
1242 Alternative Dispute Resolution in the Settlement of Environmental Disputes in South Africa

Authors: M. van der Bank, C. M. van der Bank

Abstract:

Alternative Dispute Resolution denotes all forms of dispute resolution other than litigation or adjudication through the courts. This definition of Alternative Dispute Resolution, however, makes no mention of a vital consideration. ADR is the generally accepted acronym for alternative dispute resolution. Despite the choice not to proceed before a court or statutory tribunal, ADR will still be regulated by law and by the Constitution. Fairness is one of the core values of the South African constitutional order. Environmental disputes occur frequently, but due to delays and costs, ADR is a mechanism to resolve this kind of disputes which is a resolution of non-judicial mechanism. ADR can be used as a mechanism in environmental disputes that are less expensive and also more expeditious than formal litigation. ADR covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. A variety of ADR methods have been developed to deal with numerous problems encountered during environmental disputes. The research questions are: How can ADR facilitate environmental disputes in South Africa? Are they appropriate? And what improvements should be made?

Keywords: alternative dispute, environmental disputes, non-judicial, resolution and settlement

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1241 Entrepreneurship the Bed Rock and Mainstram of World Economy

Authors: Njeze Anthony

Abstract:

In the world economy, entrepreneurship is an outstanding venture. Failures in the businesses of over 70% of Entrepreneurs can be attributed to lack of proper planning. For an entrepreneur to succeed, there are some vital planning strategies that will come into play such as organizational, operational, financial and marketing plans. When an entrepreneur lacks the above mentioned, such an entrepreneur is bound to encounter a catastrophic failure. An entrepreneur with an adequate plan will examine his/her own goals, know why he is in business, look at the venture resource base, have a sound knowledge of his proposed venture and identify obstacles that will be surmounted to achieve the desired goals. This work is aimed at identifying the organizational, operational, financial and marketing impact of entrepreneurship in the world economy and as well the important issues in global entrepreneurship, possible obstacles, and solutions.

Keywords: economy, entrepreneurship, business, operation

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1240 The Antecedents of Thai Women's Entry into National Politics in Thailand

Authors: Somsak Assavasirisilp

Abstract:

The purposes of this research were to study the level of participation in the politic activities of Thai women, to study the factors influencing the Thai women’s entry into national politics, and to study the problems and obstacles to prevent women from enter national politics. This was a mixed research method of both qualitative and quantitative technique. The findings revealed that there were many problems and obstacles, especially culture and social norm, to prevent women from enter national politics and did not have many factors to support Thai women to become successful women politician.

Keywords: culture, social norm, national politics, Thai women

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1239 Effectiveness of Integrative Behavioral Couples Therapy on the Communication Patterns of Couples Applying for Divorce

Authors: Sakineh Abbasi Bourondaragh

Abstract:

The aim of this research is effectiveness of integrative behavioral couples therapy on the communication patterns of couples applying for divorce. We selected (N=20) reports from Tabriz Family Judicial Complex (FJC) of couples which have conflict in their marital relationships. All of reports were released during 2012. First, they were randomly divided into two experimental and control groups and all the couples were given pre-test. They participated in twelve therapy sessions. Then the experimental group was exposed to an experimental intervention, but the control group was not received experimental intervention. The subjects were treated. At the end of treatment, a post-test was performed about subjects (each of two groups).The results showed that integrative behavioral couple therapy could increase and improve communication patterns. The findings also showed that integrative behavioral couples therapy had increased mutual constructive pattern and decreased demand/withdraw pattern and mutual avoidance pattern of CPQ sub-scale. Steady change indicator showed that the difference is clinically meaningful.

Keywords: integrative behavioral couple therapy, communication patterns, cognitive sciences, Family Judicial Complex

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1238 Internal Factors that Prevent Using Assessment for Learning Strategies: A Case Study of Saudi Arabia

Authors: Khalid A. Alotaibi

Abstract:

To assess the students, there are different strategies adopted by teachers and all are important while taking their scope into consideration. Teachers may face some obstacles that prevent them using the assessment for learning. These obstacles can be internal or external. The present study has been collected from two regions (Riyadh and Hotat Bani Tamim) of Saudi Arabia, with sample size of 174 teachers. The results of the study have shown that the significant factors that can prevent teachers using assessment for learning are; the way of introducing the new form of assessment, lack of teachers' training, clarity of the regulations and size of students in the class. Additionally, other elements have also shown in this paper.

Keywords: teachers, assessment, assessment for learning, internal factors and external factors

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1237 An Online Priority-Configuration Algorithm for Obstacle Avoidance of the Unmanned Air Vehicles Swarm

Authors: Lihua Zhu, Jianfeng Du, Yu Wang, Zhiqiang Wu

Abstract:

Collision avoidance problems of a swarm of unmanned air vehicles (UAVs) flying in an obstacle-laden environment are investigated in this paper. Given that the UAV swarm needs to adapt to the obstacle distribution in dynamic operation, a priority configuration is designed to guide the UAVs to pass through the obstacles in turn. Based on the collision cone approach and the prediction of the collision time, a collision evaluation model is established to judge the urgency of the imminent collision of each UAV, and the evaluation result is used to assign the priority of each UAV to further instruct them going through the obstacles in descending order. At last, the simulation results provide the promising validation in terms of the efficiency and scalability of the proposed approach.

Keywords: UAV swarm, collision avoidance, complex environment, online priority design

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1236 Court-Annexed Mediation for International Commercial Disputes in Asia: Strengths and Weaknesses

Authors: Thu Thuy Nguyen

Abstract:

In recent years, mediation has gained a great attention from many jurisdictions thanks to its advantages. With respect to Asia, mediation has a long history of development in this region with various types to amicably settle disputes in civil and commercial issues. The modern mediation system in several Asian countries and territories comprises three main categories, namely court-annexed mediation, mediation within arbitral proceedings and institutional mediation. Court-annexed mediation (or in-court mediation) is mediation conducted by the court in the course of judicial procedures. In dealing with cross-border business disputes, in-court mediation exposes a number of advantages in comparison with two other types of mediation, especially in terms of enforcement of final result. However, the confidentiality of mediation process in subsequent judicial proceedings, qualifications of court judges and the issue of recognition and enforcement of foreign judgment are normally seen as drawbacks of court-annexed mediation as in court-annexed mediation judges will be casts as dual roles as both mediator and ultimate adjudicator in the same dispute. This paper will examine the strengths and weaknesses of in-court mediation in settling transnational business disputes in selected Asian countries, including China, Hong Kong, Japan, Singapore and Vietnam.

Keywords: court-annexed mediation, international commercial disputes, Asia, strengths and weaknesses

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1235 Corruption in India: Causes and Remedial Measures

Authors: Ghulam Nabi Naz

Abstract:

After independence, the popular belief that Gandhian will not indulge in corruption got a setback, post-independence setup paved the way for heavy corruption. The menace which would have dealt with strong legal provisions has become a way of life of Indian society. Corruption is recognized as the single biggest problem facing the country today. It undermines democracy and rule of law, violates human rights, distorts market and corrodes the moral fibre of people. The paper discusses the causes and possible remedial measures of corruption and response of people in Indian society. It emphasizes the factors which provide fertile ground for growth of corruption like, degradation of moral values, absence of a strong anti-corruption law and its effective enforcement, accountability, consistency and a defective system of fighting elections. The paper also highlights the reforms necessary for fighting corruption in India.

Keywords: embezzlement, colonial, licence Raj, good governance, misappropriation, Sangh ideologue, Anna movement

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1234 Obstruction to Treatments Meeting International Standards for Lyme and Relapsing Fever Borreliosis Patients

Authors: J. Luché-Thayer, C. Perronne, C. Meseko

Abstract:

We reviewed how certain institutional policies and practices, as well as questionable research, are creating obstacles to care and informed consent for Lyme and relapsing fever Borreliosis patients. The interference is denying access to treatments that meet the internationally accepted standards as set by the Institute of Medicine. This obstruction to care contributes to significant human suffering, disability and negative economic effect across many nations and in many regions of the world. We note how evidence based medicine emphasizes the importance of clinical experience and patient-centered care and how these patients benefit significantly when their rights to choose among treatment options are upheld.  

Keywords: conflicts of interest, obstacles to healthcare accessibility, patient-centered care, the right to informed consent

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1233 Higher Education and Students with Disabilities in Azerbaijan

Authors: Rima Mammadova

Abstract:

Azerbaijan is a developing country that tries to keep its own culture and traditions. At the same time tries to get benefit from the experience and knowledge of the developed countries. After the collapse of the Soviet Union, Azerbaijan got its independence and currently, implements various programs and policy initiatives to the development of different fields, such as an education, human rights, etc. Disability related issues are also in the main priority list of the country. During the Soviet Union, children with disabilities studied in the special schools, which called boarding schools. They were isolated from the society and most of them were not able to get their higher education. As the result of this kind of tendency, they were in dependence on their parents, relatives and especially the government, as there were several kind of pensions provided by the government depending on the level of disability. Although Azerbaijan maintain different programs, the remnants of the Soviet period still exists. This paper investigates the current situation in Azerbaijan concerning the higher education of people with disabilities. Qualitative and quantitative research methods used in this paper. As a qualitative method a literature review was done on what the term “disability” is and what kind of education rights possess people with disabilities in Azerbaijan. A detailed research also was done on legislation of the Republic of Azerbaijan concerning the education rights of people with disabilities in Azerbaijan. As a quantitative method, questionnaire was used. The questionnaires were sent to the 8 Azerbaijani Higher Education Institutions (HEIs) which are located in different regions of Azerbaijan in order to assess and evaluate the situation concerning the students with disabilities. The main aims of these questionnaires were to find out how many students with disabilities study in Higher Education Institutions in 8 HEIs and what kind of obstacles and challenges Institutions face concerning the education of students with disabilities. The researches provided for the project brought up the results that people with disabilities possess all rights concerning the education rights legally. However in the practice they face various types of obstacles and challenges. The number of students with disabilities in HEIs in Azerbaijan is significantly low. There are several kind of reasons that affect the number of students with disabilities in HEIs. As was mentioned before the remnants of the Soviet period exists in Azerbaijan and children with disabilities get their education in boarding schools and in most cases, these boarding schools give education till the 9th class, but to enter the University, pupils have to finish 11 classes in Azerbaijan. As a result, pupils with disabilities automatically disqualify to enter the university. The paper comes into conclusion that to eliminate the isolation of pupils with disabilities from HEIs, the government should pay more attention to the special schools for the pupils with disabilities, the boarding schools should be cancelled and etc. By the applying these kind of changes the rights of people with disabilities will be provided not only theoretically but also practically.

Keywords: Azerbaijan, disability, students with disabilities, boarding schools

Procedia PDF Downloads 241
1232 Cognitive Fusion and Obstacles to Valued Living: Beyond Pain-Specific Events in Chronic Pain

Authors: Sergio A. Carvalho, Jose Pinto-Gouveia, David Gillanders, Paula Castilho

Abstract:

The role of psychological processes has long been recognized as crucial factors in depressive symptoms in chronic pain (CP). Although some studies have explored the negative impact of being entangled with internal experiences (e.g., thoughts, emotions, physical sensations) – cognitive fusion, it is not extensively explored 1) whether these are pain-related or rather general difficult experiences, and 2) how they relate to experiencing obstacles in committing to valued actions. The current study followed a cross-sectional design in a sample of 231 participants with CP, in which a mediational model was tested through path analyses in AMOS software. The model presented a very good model fit (Χ²/DF = 1.161; CFI = .999; TLI = .996; RMSEA = .026, PCLOSE = .550.), and results showed that pain intensity was not directly related to depressive symptoms (β = .055; p = .239) but was mediated by cognitive fusion with both general and pain-related internal experiences (β = .181, 95%CI [.097; .271]; p = .015). Additionally, results showed that only general cognitive fusion (but not pain-specific fusion) was associated with experiencing obstacles to living a meaningful life, which mediated its impact on depressive symptoms (β = .197, 95%CI [.102; .307]; p = .001). Overall, this study adds on current literature by suggesting that psychological interventions to pain management should not be focused only on management of pain-related experiences, but also on developing more effective ways of relating to overall internal experiences.

Keywords: cognitive fusion, chronic pain, depressive symptoms, valued living

Procedia PDF Downloads 178
1231 Collaboration between Dietician and Occupational Therapist, Promotes Independent Functional Eating in Tube Weaning Process of Mechanical Ventilated Patients

Authors: Inbal Zuriely, Yonit Weiss, Hilla Zaharoni, Hadas Lewkowicz, Tatiana Vander, Tarif Bader

Abstract:

early active movement, along with adjusting optimal nutrition, prevents aggravation of muscle degeneracy and functional decline. Eating is a basic activity of daily life, which reflects the patient's independence. When eating and feeding are experienced successfully, they lead to a sense of pleasure and satisfaction. However, when they are experienced as a difficulty, they might evoke feelings of helplessness and frustration. This stresses the essential process of gradual weaning off the enteral feeding tube. the work describes the collaboration of a dietitian, determining the nutritional needs of patients undergoing enteral tube weaning as part of the rehabilitation process, with the suited treatment of an occupational therapist. Occupational therapy intervention regarding eating capabilities focuses on improving the required motor and cognitive components, along with environmental adjustments and aids, imparting eating strategies and training to patients and their families. The project was conducted in the long-term, ventilated patients’ department at the Herzfeld Rehabilitation Geriatric Medical Center on patients undergoing enteral tube weaning with the staff’s assistance. Establishing continuous collaboration between the dietician and the occupational therapist, starting from the beginning of the feeding-tube weaning process: 1.The dietician updates the occupational therapist about the start of the process and the approved diet. 2.The occupational therapist performs cognitive, motor, and functional assessments and treatments regarding the patient’s eating capabilities and recommends the required adjustments for independent eating according to the FIM (Functional Independence Measure) scale. 3.The occupational therapist closely follows up on the patient’s degree of independence in eating and provides a repeated update to the dietician. 4.The dietician accordingly guides the ward staff on whether and how to feed the patient or allow independent eating. The project aimed to promote patients toward independent feeding, which leads to a sense of empowerment, enjoyment of the eating experience, and progress of functional ability, along with performing active movements that will motivate mobilization. From the beginning of 2022, 26 patients participated in the project. 79% of all patients who started the weaning process from tube feeding achieved different levels of independence in feeding (independence levels ranged from supervision (FIM-5) to complete independence (FIM-7). The integration of occupational therapy and dietary treatment is based on a patient-centered approach while considering the patient’s personal needs, preferences, and goals. This interdisciplinary partnership is essential for meeting the complex needs of prolonged mechanically ventilated patients and promotes independent functioning and quality of life.

Keywords: dietary, mechanical ventilation, occupational therapy, tube feeding weaning

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1230 Design and Implementation of Bluetooth Controlled Autonomous Vehicle

Authors: Amanuel Berhanu Kesamo

Abstract:

This paper presents both circuit simulation and hardware implementation of a robot vehicle that can be either controlled manually via Bluetooth with video streaming or navigate autonomously to a target point by avoiding obstacles. In manual mode, the user controls the mobile robot using C# windows form interfaced via Bluetooth. The camera mounted on the robot is used to capture and send the real time video to the user. In autonomous mode, the robot plans the shortest path to the target point while avoiding obstacles along the way. Ultrasonic sensor is used for sensing the obstacle in its environment. An efficient path planning algorithm is implemented to navigate the robot along optimal route.

Keywords: Arduino Uno, autonomous, Bluetooth module, path planning, remote controlled robot, ultra sonic sensor

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1229 Victim and Active Subject of the Crime of Violence in Family Reflected in the Criminal Code of the Republic of Moldova

Authors: Nastas Andrei

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Ensuring accessible and functional justice is one of the priority objectives of judicial reform, and protecting the family against any acts that may harm its existence is one of the first priorities that have determined the need to defend the social order. In this context, the correlative approach of the victim and the aggressor becomes relevant as a subject of the crime of domestic violence. Domestic violence is a threat of physical, moral, or material harm, externalized now or in the past, or its provocation, which is characterized by a constant tendency to escalate and a high probability of repetitiveness in the relationship between the social partners, regardless of their legal status or domicile.Studying the legal support to identify the particularities of the victim and the subject of the crime of domestic violence facilitates the identification of the determinants of this crime, therefore, the development of means to prevent domestic violence. The scientific research has been effectuated on the base of the proper and authentic empirical data obtained from the analysis of the judicial practice in the matter of domestic violence, as well as being based on the most recent scientific issues in the field of the Substantive Criminal Law and other branches of science (criminology, psychology, sociology, pedagogy). As a result of the study performed, there have been formulated conclusions and interpretations able to be used in the science of the Substantive Criminal law, as well as in the practice of application of the legal norm in the matter of domestic violence.

Keywords: family violence, victim, crime, violence

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1228 The Implications of Instrumental Animal Protection for the Legal and Moral Status of Animals

Authors: Ankita Shanker, Angus Nurse

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The notion of animal rights is an emerging trend in various spaces, including judicial and societal discourse. But one of the key purposes of recognizing the fundamental rights of anyone is their de-objectification. Animals are a prime example of a group that has rights that are neither recognized nor protected in any meaningful way, and anything that purports differently fails to ameliorate this because it still objectifies animals. Animals are currently treated by law and society as commodities with primarily (though not exclusively) instrumental value to some other rights-holder, such as humans or nature. So most protections that are afforded to them are done so in furtherance of the interests that they allegedly further, be it social morality or environmental protection. Animal rights are thus often seen as an application or extension of the rights of humans or, more commonly, the rights of nature. What this means is that animal rights are not always protected or even recognized in their own regard, but as stemming from some other reason, or worse, instrumentally as means to some other ends. This has two identifiable effects from a legal perspective: animal rights are not seen as inherently justified and are not seen as inherently valuable. Which in turn means that there can be no fundamental protection of animal rights. In other words, judicial protection does not always entail protection of animal ‘rights’ qua animal rights, which is needed for any meaningful protections to be afforded to animals. But the effects of this legal paradigm do not end at the legal status of animals. Because this status, in turn, affects how persons and the societies of which they form part see animals as a part of the rights of others, such as humans or nature, or as valuable only insofar as they further these rights, as opposed to as individuals with inherent worth and value deserving of protection regardless of their instrumental usefulness to these other objectives. This does nothing to truly de-objectify animals. Because even though most people would agree that animals are not objects, they continue to treat them as such wherever it serves them. For individuals and society to resolve, this inconsistency between stance and actions is for them to believe that animals are more than objects on a psychological and societal level. In this paper, we examine the implications of this perception of animals and their rights on the legal protections afforded to them and on the minds of individuals and civil society. We also argue that a change in the legal and societal status of animals can be brought about only through judicial, psychological, and sociological acknowledgment that animals have inherent value and deserve protection on this basis. Animal rights derived in such a way would not need to place reliance on other justifications and would not be subject to subjugation to other rights should a conflict arise.

Keywords: animal rights law, animal protection laws, psycho-socio-legal studies, animal rights, human rights, rights of nature

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1227 Efficiency of Virtual Reality Exercises with Nintendo Wii System on Balance and Independence in Motor Functions in Hemiparetic Patients: A Randomized Controlled Study

Authors: Ayça Utkan Karasu, Elif Balevi Batur, Gülçin Kaymak Karataş

Abstract:

The aim of this study was to examine the efficiency of virtual reality exercises with Nintendo Wii system on balance and independence in motor functions. This randomized controlled assessor-blinded study included 23 stroke inpatients with hemiparesis all within 12 months poststroke. Patients were randomly assigned to control group (n=11) or experimental group (n=12) via block randomization method. Control group participated in a conventional balance rehabilitation programme. Study group received a four-week balance training programme five times per week with a session duration of 20 minutes in addition to the conventional balance rehabilitation programme. Balance was assessed by the Berg’s balance scale, the functional reach test, the timed up and go test, the postural assessment scale for stroke, the static balance index. Also, displacement of centre of pressure sway and centre of pressure displacement during weight shifting was calculated by Emed-SX system. Independence in motor functions was assessed by The Functional Independence Measure (FIM) ambulation and FIM transfer subscales. The outcome measures were evaluated at baseline, 4th week (posttreatment), 8th week (follow-up). Repeated measures analysis of variance was performed for each of the outcome measure. Significant group time interaction was detected in the scores of the Berg’s balance scale, the functional reach test, eyes open anteroposterior and mediolateral center of pressure sway distance, eyes closed anteroposterior center of pressure sway distance, center of pressure displacement during weight shifting to effected side, unaffected side and total centre of pressure displacement during weight shifting (p < 0.05). Time effect was statistically significant in the scores of the Berg’s balance scale, the functional reach test, the timed up and go test, the postural assessment scale for stroke, the static balance index, eyes open anteroposterior and mediolateral center of pressure sway distance, eyes closed mediolateral center of pressure sway distance, the center of pressure displacement during weight shifting to effected side, the functional independence measure ambulation and transfer scores (p < 0.05). Virtual reality exercises with Nintendo Wii system combined with a conventional balance rehabilitation programme enhances balance performance and independence in motor functions in stroke patients.

Keywords: balance, hemiplegia, stroke rehabilitation, virtual reality

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1226 Effect of Using Baffles Inside Spiral Micromixer

Authors: Delara Soltani, Sajad Alimohammadi, Tim Persoons

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Microfluidic technology reveals a new area of research in drug delivery, biomedical diagnostics, and the food and chemical industries. Mixing is an essential part of microfluidic devices. There is a need for fast and homogeneous mixing in microfluidic devices. On the other hand, mixing is difficult to achieve in microfluidic devices because of the size and laminar flow in these devices. In this study, a hybrid passive micromixer of a curved channel with obstacles inside the channel is designed. The computational fluid dynamic method is employed to solve governing equations. The results show that using obstacles can improve mixing efficiency in spiral micromixers. the effects of Reynolds number, number, and position of baffles are investigated. In addition, the effect of baffles on pressure drop is presented. this novel micromixer has the potential to utilize in microfluidic devices.

Keywords: CFD, micromixer, microfluidics, spiral, reynolds number

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1225 Railway Transport as a Potential Source of Polychlorinated Biphenyls in Soil

Authors: Nataša Stojić, Mira Pucarević, Nebojša Ralević, Vojislava Bursić, Gordan Stojić

Abstract:

Surface soil (0 – 10 cm) samples from 52 sampling sites along the length of railway tracks on the territory of Srem (the western part of the Autonomous Province of Vojvodina, itself part of Serbia) were collected and analyzed for 7 polychlorinated biphenyls (PCBs) in order to see how the distance from the railroad on the one hand and dump on the other hand, affect the concentration of PCBs (CPCBs) in the soil. Samples were taken at a distance of 0.03 to 4.19 km from the railway and 0.43 to 3.35 km from the landfills. For the soil extraction the Soxhlet extraction (USEPA 3540S) was used. The extracts were purified on a silica-gel column (USEPA 3630C). The analysis of the extracts was performed by gas chromatography with tandem mass spectrometry. PCBs were not detected only at two locations. Mean total concentration of PCBs for all other sampling locations was 0,0043 ppm dry weight (dw) with a range of 0,0005 to 0,0227 ppm dw. On the part of the data that were interesting for this research with statistical methods (PCA) were isolated factors that affect the concentration of PCBs. Data were also analyzed using the Pearson's chi-squared test which showed that the hypothesis of independence of CPCBs and distance from the railway can be rejected. Hypothesis of independence between CPCB and the percentage of humus in the soil can also be rejected, in contrast to dependence of CPCB and the distance from the landfill where the hypothesis of independence cannot be rejected. Based on these results can be said that railway transport is a potential source of PCBs. The next step in this research is to establish the position of transformers which are located near sampling sites as another important factor that affects the concentration of PCBs in the soil.

Keywords: GC/MS, landfill, PCB, railway, soil

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1224 The Application of Collision Damage Analysis in Reconstruction of Sedan-Scooter Accidents

Authors: Chun-Liang Wu, Kai-Ping Shaw, Cheng-Ping Yu, Wu-Chien Chien, Hsiao-Ting Chen, Shao-Huang Wu

Abstract:

Objective: This study analyzed three criminal judicial cases. We applied the damage analysis of the two vehicles to verify other evidence, such as dashboard camera records of each accident, reconstruct the scenes, and pursue the truth. Methods: Evidence analysis, the method is to collect evidence and the reason for the results in judicial procedures, then analyze the involved damage evidence to verify other evidence. The collision damage analysis method is to inspect the damage to the vehicles and utilize the principles of tool mark analysis, Newtonian physics, and vehicle structure to understand the relevant factors when the vehicles collide. Results: Case 1: Sedan A turned right at the T junction and collided with Scooter B, which was going straight on the left road. The dashboard camera records showed that the left side of Sedan A’s front bumper collided with the body of Scooter B and rider B. After the analysis of the study, the truth was that the front of the left side of Sedan A impacted the right pedal of Scooter B and the right lower limb of rider B. Case 2: Sedan C collided with Scooter D on the left road at the crossroads. The dashboard camera record showed that the left side of the Sedan C’s front bumper collided with the body of Scooter D and rider D. After the analysis of the study, the truth was that the left side of the Sedan C impacted the left side of the car body and the front wheel of Scooter D and rider D. Case 3: Sedan E collided with Scooter F on the right road at the crossroads. The dashboard camera record showed that the right side of the Sedan E’s front bumper collided with the body of Scooter F and rider F. After the analysis of the study, the truth was that the right side of the front bumper and the right side of the Sedan F impacted the Scooter. Conclusion: The application of collision damage analysis in the reconstruction of a sedan-scooter collision could discover the truth and provide the basis for judicial justice. The cases and methods could be the reference for the road safety policy.

Keywords: evidence analysis, collision damage analysis, accident reconstruction, sedan-scooter collision, dashboard camera records

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1223 Uderstanding Females' Perspective of Healthy Parental Involvement in Their University's Lives

Authors: Mona Bakry Abdel Meguid Abdelaal

Abstract:

Despite growing evidence that parental involvement in their adolescents’ lives affects the way they perceive the community around them, little effort has been made to address the importance of this relationship and how it affect the adolescents' interaction with their environment. Adolescents are influenced by their parents while they are growing up and this socialization process services to shape the adolescents sense of self, influencing not only how adolescents feel about themselves, but affecting how they interact with their surroundings. In order to effectively understand this issue, it is important to understand the adolescents’ understanding of healthy parental involvement in their lives, in addition to the obstacles that hinder their communication styles with their parents. Understanding parental involvement in their adolescents’ lives will provide further understanding of the role that social work can perform in this field. The rationale for undertaking this study grew out of the literature on adolescents’ studies in addition to the researchers’ interaction with freshmen female students, who are still in the adolescent stage, in the university. The primary purpose of this study was to understand female adolescents’ awareness of healthy parental involvement in their freshmen year in the university life, as well as obstacles that might hinder that healthy involvement. Using semi-structured interview with a purposive sample of the first year female students in the university, the study managed to determine if the type of parental involvement and parental emotional responsiveness between the adolescents and their parents affects the way they interact with their environment, in addition, to determine the obstacles that hamper the communication between adolescents and their parents.

Keywords: adolescents, parental involvement, interaction, university life

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1222 Judicial Analysis of the Burden of Proof on the Perpetrator of Corruption Criminal Act

Authors: Rahmayanti, Theresia Simatupang, Ronald H. Sianturi

Abstract:

Corruption criminal act develops rapidly since in the transition era there is weakness in law. Consequently, there is an opportunity for a few people to do fraud and illegal acts and to misuse their positions and formal functions in order to make them rich, and the criminal acts are done systematically and sophisticatedly. Some people believe that legal provisions which specifically regulate the corruption criminal act; namely, Law No. 31/1999 in conjunction with Law No. 20/2001 on the Eradication of Corruption Criminal Act are not effective any more, especially in onus probandi (the burden of proof) on corruptors. The research was a descriptive analysis, a research method which is used to obtain description on a certain situation or condition by explaining the data, and the conclusion is drawn through some analyses. The research used judicial normative approach since it used secondary data as the main data by conducting library research. The system of the burden of proof, which follows the principles of reversal of the burden of proof stipulated in Article 12B, paragraph 1 a and b, Article 37A, and Article 38B of Law No. 20/2001 on the Amendment of Law No. 31/1999, is used only as supporting evidence when the principal case is proved. Meanwhile, how to maximize the implementation of the burden of proof on the perpetrators of corruption criminal act in which the public prosecutor brings a corruption case to Court, depends upon the nature of the case and the type of indictment. The system of burden of proof can be used to eradicate corruption in the Court if some policies and general principles of justice such as independency, impartiality, and legal certainty, are applied.

Keywords: burden of proof, perpetrator, corruption criminal act

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1221 The Impact of the Board of Directors’ Characteristics on Tax Aggressiveness in USA Companies

Authors: jihen ayadi sellami

Abstract:

The rapid evolution of the global financial landscape has led to increased attention to corporate tax policies and the need to understand the factors that influence their tax behavior. In order to mitigate any residual loss for shareholders resulting from tax aggressiveness and resolve the agency problem, appropriate systems that separate the function of management from that of controlling are needed. In this context of growing concerns to limit aggressive corporate taxation practices through governance, this study discusses. Its aims is to examine the influence of six key characteristics of the board of directors (board size, diligence, CEO duality, presence of audit committees, gender diversity and independence of directors), given a governance mechanism, on the tax decisions of non-financial corporations in the United State. In fact, using a sample of 90 non-financial US firms from S&P 500 over a period of 4 years going from 2014 to 2017, the results based on a multivariate linear regression highlight significant associations between these characteristics and corporate tax policy. Notably, larger board, gender diversity, diligence and increased director independence appear to play an important role in reducing aggressive taxation. While duality has a positive and significant correlation with tax aggressiveness, that can be explained by the fact that the manager did properly exploit his specific position within the company. These findings contribute to a deeper understanding of how board characteristics can influence corporate tax management, providing avenues for more effective corporate governance and more responsible tax decision-making

Keywords: tax aggressiveness, board of directors, board size, CEO duality, audit committees, gender diversity, director independence, diligence, corporate governance, united states

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