Search results for: proportionality

Authors: Rafael Tedrus Bento

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The analysis of proportionality as a test is raised as a basic foundation for the achievement of Fundamental Rights. We used legal dogmatics and empirical analysis to seek the expected results, from the reading of the RV Oakes trial by the Supreme Court of Canada. In cases involving freedom of expression, two tests are used to resolve disputes. The first examines whether, in fact, the case can be characterized as a violation of freedom of expression; the second assesses whether this violation can be justified by the reasonable limit clause. This test was defined in the RV Oakes trial by the Supreme Court of Canada, concluding with the Oakes Test, used worldwide as a proportionality test. Resulting is a proportionality between the effects of the limiting measure and the objective - the more serious the harmful effects of a measure, the more important the objective must be.

Keywords: Oakes, proportionality, fundamental rights, Supreme Court of Canada

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Authors: Khalil Aryanfar, Pariya Gholipor, Elmira Hafez

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This study examines the proportionality between the needs of industry and technical and vocational training of male and female vocational schools. The research method was descriptive that was conducted in two parts: documentary analysis and needs assessment and Delphi method was used in the need assessment. The statistical population of the study included 312 individuals from the industry sector employers and 52 of them were selected through stratified random sampling. Methods of data collection in this study, upstream documents include: document of the development of technical and vocational training, Statistical Yearbook 1393 in Tehran, the available documents in Isfahan Planning Department, the findings indicate that there is an almost proportionality between the needs of industry and Vocational training of male and female vocational schools in fields of welding, industrial electronics, electro technique, industrial drawing, auto mechanics, design, packaging, machine tool, metalworking, construction, accounting, computer graphics and the Administrative Affairs. The findings indicate that there is no proportionality between the needs of industry and Vocational training of male and female vocational schools in fields of Thermal - cooling systems, building electricity, building drawing, interior architecture, car electricity and motor repair.

Keywords: needs assessment, technical and vocational training, industry

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Authors: Juan Torralba

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Student digital artifacts were investigated, utilizing a qualitative exploratory research design to understand the ways in which students represented their knowledge of seventh-grade proportionality concepts as they participated in maker-based activities that culminated in the creation of digital 3-dimensional models of their dream homes. Representations of the geometric and numeric dimensions of proportionality were analyzed in the written, verbal, and visual data collected from the students. A directed content analysis approach was utilized in the data analysis, as this work aimed to build upon existing research in the field of maker-based STEAM Education. The results from this work show that students can represent their understanding of proportional reasoning through open-ended written responses more accurately than through verbal descriptions or digital artifacts. The geometric and numeric dimensions of proportionality and their respective components of attributes of similarity representation and percents, rates, and ratios representations were the most represented by the students than any other across the data, suggesting a maker-based instructional approach to teaching proportionality in the middle grades may be promising in helping students gain a solid foundation in those components. Recommendations for practice and research are discussed.

Keywords: learning through making, maker-based education, maker education in the middle grades, making in mathematics, the maker movement

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Authors: Allen A. Espinosa, Larkins A. Trinidad

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The present study investigated collegiate students’ problem solving strategies and misconceptions in solving stoichiometric problems and later on formulate a teaching framework from the result of the study. The study found out that the most prominent strategies among students are the mole method and the proportionality method, which are both algorithmic by nature. Misconception was also noted as some students rely on Avogadro’s number in converting between moles. It is suggested therefore that the teaching of stoichiometry should not be confined to demonstration. Students should be involved in the process of thinking of ways to solve the problem.

Keywords: stoichiometry, Svogadro’s number, mole method, proportionality method

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Authors: Ekaterina Semenova

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The article explores the issue of website owners’ liability for the illicit content. Whilst various issues of secondary liability of internet access providers for the illicit content have been widely discussed in the law doctrine, the liability of website owners has attracted less attention. Meanwhile, the website blocking injunctions influence website owners’ rights most, since website owners have the interest to keep their website online, rather than internet access providers. The discussion of internet access providers’ liability overshadows the necessity to protect the website owners’ rights to due process and proportionality of blocking injunctions. The analysis of Russian website blocking regulation and case law showed that the protection of website owners’ rights depends on the kind of illicit content: some content induces automatic blocking injunctions without prior notice of website owners and any opportunity to appeal, while other content does not invoke automatic blocking and provides an opportunity for the website owner to avoid or appeal an injunction. Comparative analysis of website blocking regulations in European countries reveals different approaches to the proportionality of website blocking and website owner’s rights protection. Based on the findings of the study, we conclude that the global trend to impose website blocking injunctions on wide range of illicit content without due process of law interferes with the rights of website owners.

Keywords: illicit content, liability, Russia, website blocking

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Authors: Nancy Michail, Niloufer Selvadurai, Doron Goldbarsht

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This study analyses the development of a central bank digital currency (CBDC) in Australia and the framework being developed to ensure that national security and privacy considerations are appropriately addressed. Through the use of doctrinal methodology, the research closely and critically examines current legislation and regulation on privacy federal laws and the need to comply with anti-money laundering and counter-terrorism financing laws (AML/CTF). It is argued that the introduction of CBDCs may lead to potential tension between the application of AML/CTF laws and the upholding of individuals’ fundamental and legislated rights to privacy; therefore, it emphasises the need for clear delineation of ambits and support between different laws and regulations to ensure they operate within their intended purposes and suggests that the calibration of potential tensions between AML/CTF and privacy laws may be achieved through the innovative application of the proportionality principle.

Keywords: anti-money laundering and counter terrorism financing, central bank digital currency, privacy, proportionality principle

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Authors: Andrew Gryguć, Seyed Behzad Behravesh, Hamid Jahed, Mary Wells, Wojciech Macek, Bruce Williams

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This extended abstract investigates the influence of the multiaxial loading on the fatigue behavior of forged magnesium through quantitative analysis of its fracture surface topography and mesoscopic cracking orientation. Fatigue tests were performed on hollow tubular sample geometries extracted from closed-die forged AZ80 Mg components, with three different multiaxial strain paths (axial/shear), proportional, 45° out of phase, and 90° out of phase. Regardless of the strain path, fatigue cracks are initiated at the outer surface of the specimen where the combined stress state is largest. Depending on the salient mode of deformation, distinctive features in the fracture surface manifested themselves with different topographic amplitudes, surface roughness, and mesoscopic cracking orientation in the vicinity of the initiation site. The dominant crack propagation path was in the circumferential direction of the hollow tubular specimen (i.e., cracking transverse to the sample axis, with little to no branching), which is congruent with previous findings of low to moderate shear strain energy density (SED) multiaxial loading. For proportional loading, the initiation zone surface morphology was largely flat and striated, whereas, at phase angles of 45° and 90°, the initiation surface became more faceted and inclined. Overall, both a qualitative and quantitative link was developed between the fracture surface morphology and the level of non-proportionality in the loading providing useful insight into the fracture mechanics of forged magnesium as a relevant focus for future study.

Keywords: fatigue, fracture, magnesium, forging, fractography, anisotropy, strain energy density, asymmetry, multiaxial fatigue

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Authors: Z. Babic, I. Veza, A. Balic, M. Crnjac

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The linear programming model is sometimes difficult to apply in real business situations due to its assumption of proportionality. This paper shows an example of how to use De Novo programming approach instead of linear programming. In the De Novo programming, resources are not fixed like in linear programming but resource quantities depend only on available budget. Budget is a new, important element of the De Novo approach. Two different production situations are presented: increasing costs and quantity discounts of raw materials. The focus of this paper is on advantages of the De Novo approach in the optimization of production plan for production company which produces souvenirs made from famous stone from the island of Brac, one of the greatest islands from Croatia.

Keywords: business process, De Novo programming, optimizing, production

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Authors: Saeid Jalilzadeh

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PID controllers are widely used to control the industrial plants because of their robustness and simple structures. Tuning of the controller's parameters to get a desired response is difficult and time consuming. With the development of computer technology and artificial intelligence in automatic control field, all kinds of parameters tuning methods of PID controller have emerged in endlessly, which bring much energy for the study of PID controller, but many advanced tuning methods behave not so perfect as to be expected. Honey Bee algorithm (HBA) and genetic algorithm (GA) are extensively used for real parameter optimization in diverse fields of study. This paper describes an application of HBA and GA to the problem of designing a PID controller whose parameters comprise proportionality constant, integral constant and derivative constant. Presence of three parameters to optimize makes the task of designing a PID controller more challenging than conventional P, PI, and PD controllers design. The suitability of the proposed approach has been demonstrated through computer simulation using MATLAB/SIMULINK.

Keywords: controller, GA, optimization, PID, PSO

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Authors: K. M. Salim Reza, M. Hafiz Mia, M. A. Aziz, M. A. Motin, M. M. Rahman, M. A. Hasem

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The redox behavior of Fe (III) in presence of Catechol (Cc) has been carried out in buffer solution of different pH, scan rate, variation of Fe (III) concentration and Cc concentration. Uncoordinated Fe(III) or Cc has been found to undergo reversible electrode reaction whereas coordinated Fe-Cc is irreversible. The peak positions of the voltammogram of Fe- Cc shifted with respect to that of free Fe (III) or Cc and also developed a new peak at 0.12 V. The peak current of Fe-Cc decreases significantly compared with that of free Fe(III) or Cc in the same experimental conditions. These behaviors ascribed the formation of complex of Fe with Cc. The complex was formed either by the addition of Cc into Fe(III) or by the addition of Fe(III) into Cc. The effect of pH of Fe-Cc complex was studied by varying pH from 2 to 8.5. The electro chemical oxidation of Fe-Cc is facilitated in lower pH media. The slope of the plots of anodic peak current, Ep against pH of Fe-Cc complexe is 30 mV, indicates that the oxidation of Fe-Cc complexes proceeded via the 2e−/2H+ processes. The proportionality of the anodic and cathodic peak currents with square root of scan rate of suggests that the peak current of the different complexes at each redox reaction is controlled by diffusion process.

Keywords: cyclic voltammetry, Fe-Cc Complex, pH effect, redox interaction

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Authors: M. Ahmed, Javed Mallick, Mohammad Abul Hasan

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The flexural tensile strength of concrete is an important parameter for determining cracking behavior of concrete structure and to compute deflection under flexure. Many factors have been shown to influence the flexural tensile strength, particularly the level of concrete strength, size of member, age of concrete and confinement to flexure member etc. Empirical equations have been suggested to relate the flexural tensile strength and compressive strength. Limited literature is available for relationship between flexural tensile strength and compressive strength giving consideration to the factors affecting the flexural tensile strength specially the concrete confinement factor. The concrete member such as slabs, beams and columns critical locations are under confinement effects. The paper presents the experimental study to predict the flexural tensile strength and compressive strength empirical relations using statistical procedures considering the effect of confinement and age of concrete for wide range of concrete strength (from 35 to about 100 MPa). It is concluded from study that due consideration of confinement should be given in deriving the flexural tensile strength and compressive strength proportionality equations.

Keywords: compressive strength, flexural tensile strength, modulus of rupture, statistical procedures, concrete confinement

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Authors: H. Alheeh, M. Alameri, A. Al Tarabsheh

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There has been a growing interest in CMOS-based sensors technology in cameras as they afford low-power, small-size, and cost-effective imaging systems. This article describes the CMOS image sensor pixel categories and presents the design and the simulation of the 3-Transistor (3T) Active Pixel Sensor (APS) in MATLAB/Simulink tool. The analysis investigates the conversion of the light into an electrical signal for a single pixel sensing circuit, which consists of a photodiode and three NMOS transistors. The paper also proposes three modes for the pixel operation; reset, integration, and readout modes. The simulations of the electrical signals for each of the studied modes of operation show how the output electrical signals are correlated to the input light intensities. The charging/discharging speed for the photodiodes is also investigated. The output voltage for different light intensities, including in dark case, is calculated and showed its inverse proportionality with the light intensity.

Keywords: APS, CMOS image sensor, light intensities photodiode, simulation

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Authors: Ayyoub Jamali, Alena Kozlova

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The Russian invasion of Ukraine has tested the mettle of the international community, prompting not only States but also non-state actors to take deterrent action in response. Indeed, international sports organisations, namely FIFA and UEFA, have been rather successful in shifting the power dynamics by introducing a complete ban on the Russian national and club teams. This article aims to inquire into the human rights implications of such actions taken by international sports organisations. First, the article departs from an assessment of the legal status of FIFA and UEFA under international law and reflects on how a legal link could be established vis-à-vis their human rights obligations. Second, it examines the human rights aspects of the impugned measures by FIFA and UEFA on the part of the Russian athletes, further scrutinising them against the international human rights law principle of non-discrimination through a proportionality test. Last, it draws basic pathways for how possible human rights violations committed in the context of measures adopted by such organisations could be remedied, outlining the challenges of arbitration and litigation in Switzerland.

Keywords: FIFA, UEFA, FUR, ban, human rights, Russia, Ukraine, non-state actors

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Authors: Jale Çatak, Bayram Yılmaz, Mustafa Ozilgen

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The second law muscle work efficiency is obtained by multiplying the metabolic and mechanical work efficiencies. Thermodynamic analyses are carried out with 19 sets of arms and legs exercise data which were obtained from the healthy young people. These data are used to simulate the changes occurring during aging. The muscle work efficiency decreases with aging as a result of the reduction of the metabolic energy generation in the mitochondria. The reduction of the mitochondrial energy efficiency makes it difficult to carry out the maintenance of the muscle tissue, which in turn causes a decline of the muscle work efficiency. When the muscle attempts to produce more work, entropy generation and exergy destruction increase. Increasing exergy destruction may be regarded as the result of the deterioration of the muscles. When the exergetic efficiency is 0.42, exergy destruction becomes 1.49 folds of the work performance. This proportionality becomes 2.50 and 5.21 folds when the exergetic efficiency decreases to 0.30 and 0.17 respectively.

Keywords: aging mitochondria, entropy generation, exergy destruction, muscle work performance, second law efficiency

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Authors: Verónica Díaz Quezada

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The importance given to the development of the problem solving skill and the requirement to solve problems framed in mathematical or real life contexts, in practice, they are not evidence in relation to the teaching of proportional variations. This qualitative and descriptive study aims to (1) to improve problem solving ability of high school students in Chile, (ii) to elaborate and describe a didactic intervention strategy based on learning situations in proportional variations, focused on solving types of routine problems of various contexts and non-routine problems. For this purpose, participant observation was conducted, test of mathematics problems and an opinion questionnaire to thirty-six high school students. Through the results, the highest academic performance is evidenced in the routine problems of purely mathematical context, realistic, fantasy context, and non-routine problems, except in the routine problems of real context and compound proportionality problems. The results highlight the need to consider in the curriculum different types of problems in the teaching of mathematics that relate the discipline to everyday life situations

Keywords: algebra, high school, proportion variations, nonroutine problem solving, routine problem solving

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Authors: Adel Atta Youssef Rezkalla

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Russia's invasion of Ukraine tested the international community and prompted not only states but also non-state actors to take deterrent measures in response. In fact, international sports federations, notably FIFA and UEFA, have managed to shift the power dynamic quite effectively by imposing a blanket ban on Russian national teams and clubs. The purpose of this article is to examine the human rights consequences of such actions by international sports organizations. First, the article moves away from assessing the legal status of FIFA and UEFA under international law and examines the question of how a legal connection can be established with their human rights obligations. Secondly, the human rights aspects of the controversial FIFA and UEFA measures against Russian athletes are examined and these are analyzed in more detail using the proportionality test than the principle of non-discrimination under international human rights law. Finally, the main avenues for redress for possible human rights violations related to the actions taken by these organizations are identified and the challenges of arbitration and litigation in Switzerland are highlighted.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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Authors: Vineel Inampudi, Arjun Prakash, Joseph Vinod

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Aims and Objectives: To evaluate the interrater reliability in grading ASPECTS score, between emergency medicine physician at first contact and radiologist among patients with acute ischemic stroke. Materials and Methods: We conducted a retrospective analysis of 86 acute ischemic stroke cases referred to the Department of Radiodiagnosis during November 2014 to January 2016. The imaging (plain CT scan) was performed using GE Bright Speed Elite 16 Slice CT Scanner. ASPECTS score was calculated separately by an emergency medicine physician and radiologist. Interrater reliability for total and dichotomized ASPECTS (≥ 6 and < 6) scores were assessed using statistical analysis (ICC and Cohen ĸ coefficients) on SPSS software (v17.0). Results: Interrater agreement for total and dichotomized ASPECTS was substantial (ICC 0.79 and Cohen ĸ 0.68) between the emergency physician and radiologist. Mean difference in ASPECTS between the two readers was only 0.15 with standard deviation of 1.58. No proportionality bias was detected. Bland Altman plot was constructed to demonstrate the distribution of ASPECT differences between the two readers. Conclusion: Substantial interrater agreement was noted in grading ASPECTS between emergency medicine physician at first contact and radiologist thereby confirming its robustness even in a rural setting.

Keywords: ASPECTS, computed tomography, MCA territory, stroke

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Authors: L. Mouzai, M. Bouhadef

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Raindrops and overland flow both are erosive parameters but they do not act by the same way. The overland flow alone tends to shear the soil horizontally and concentrates into rills. In the presence of rain, the soil particles are removed from the soil surface in the form of a uniform sheet layer. In addition to this, raindrops falling on the flow roughen the water and soil surface depending on the flow depth, and retard the velocity, therefore influence shear velocity and Manning’s factor. To investigate this part, agricultural sandy soil, rainfall simulator and a laboratory soil tray of 0.2x1x3 m were the base of this work. Five overland flow depths of 0; 3.28; 4.28; 5.16; 5.60; 5.80 mm were generated under a rainfall intensity of 217.2 mm/h. Sediment concentration control is based on the proportionality of depth/microtopography. The soil loose is directly related to the presence of rain splash on thin sheet flow. The effect of shear velocity on sediment concentration is limited by the value of 5.28 cm/s. In addition to this, the rain splash reduces the soil roughness by breaking the soil crests. The rainfall intensity is the major factor influencing depth and soil erosion. In the presence of rainfall, the shear velocity of the flow is due to two simultaneous effects. The first, which is horizontal, comes from the flow and the second, vertical, is due to the raindrops.

Keywords: flow resistance, laboratory experiments, rainfall simulator, sediment concentration, shear velocity, soil erosion

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Authors: Vamsi G.

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Majority of the modern-day structures have less aesthetical value with minimum requirements set by foreign tribes. Numerous elements of traditional architecture can be incorporated into modern designs using appropriate principles to improve and enhance the functionality, aesthetics, and usability of any space. This paper reviews the diminishing ancient values of the traditional Islamic architecture. By introducing them into the modern-day structures like commercial, residential and recreational spaces in at least the Islamic states, the functionality of those spaces can be improved. For this, aspects like space planning, aesthetics, scale, hierarchy, value, and patterns are to be experimented with modern day structures. Case studies of few ancient Islamic architectural marvels are done to elaborate the whole. A brief analysis of materials and execution strategies are also a part of this paper. The analysis is formulated and is ready to design or redesign spaces using traditional Islamic principles and Elements of design to improve the quality of the architecture of modern day structures by studying the ancient Islamic architectural theories. For this, sources from the history and evolution of this architecture have been studied. Also, elements and principles of design from case studies of various mosques, forts, tombs, and palaces have been tabulated. All this data accumulated, will help revive the elements decorated by ancient principles in functional and aesthetical ways. By this, one of the most astonishing architectural styles can be conserved, reinstalled into modern day buildings and remembered.

Keywords: ancient architecture, architectural history, Islamic architecture, principles and elements

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Authors: Chuchai Sujivorakul

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This research focused on the study of various parameters of fiber itself affecting on the flexure of hooked steel fiber reinforced concrete (HSFRC). The size of HSFRC beams was 150x150 mm in cross section and 550 mm in length, and the flexural test was carried out in accordance with EN-14651 standard. The test result was the relationship between centre-point load and crack-mount opening displacement (CMOD) at the centre notch. Controlled concrete had a compressive strength of 42 MPa. The investigated variables related to the hooked fiber itself were: (a) 3 levels of aspect ratio of fibers (65, 80 and 100); (b) 2 different fiber lengths (35 mm and 60 mm); (c) 2 different tensile strength of fibers (1100 MPa and 1500 MPa); and (d) 3 different fiber-end geometries (3D 4D and 5D fibers). The 3D hooked fibers have two plastic hinges at both ends, while the 4D and 5D hooked fibers are the newly developed steel fibers by Bekaert, and they have three and four plastic hinges at both ends, respectively. The hooked steel fibers were used in concrete with three different fiber contents, i.e., 20 30 and 40 kg/m³. From the study, it was found that all variables did not seem to affect the flexural strength at limit of proportionality (LOP) of HSFRC. However, they affected the residual flexural tensile strength (fR,j). It was observed that an increase in fiber lengths and the tensile strength the fibers would significantly increase in the fR,j of HSFRC, while the aspect ratio of the fiber would slightly effect the fR,j of HSFRC. Moreover, it was found that using 5D fibers would better enhance the fR,j and flexural behavior of HSFRC than 3D and 4D fibers, because they gave highest mechanical anchorage effect created by their hooked-end geometry.

Keywords: hooked steel fibers, fiber reinforced concrete, EN-14651, flexural test

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Authors: M. A. Motin, M. A. Aziz, M. Hafiz Mia, M. A. Hasem

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The redox behavior of catechol in the presence of nicotinamide as nucleophiles has been studied in aqueous solution with various pH values and different concentration of nicotinamide using cyclic voltammetry and differential pulse voltammetry. Cyclic voltammetry of catechol in buffer solution (3.00 < pH < 9.00) shows one anodic and corresponding cathodic peak which relates to the transformation of catechol to corresponding o-benzoquinone and vice versa within a quasi reversible two electron transfer process. Cyclic voltammogram of catechol in the presence of nicotinamide in buffer solution of pH 7, show one anodic peak in the first cycle of potential and on the reverse scan the corresponding cathodic peak slowly decreases and new peak is observed at less positive potential. In the second cycle of potential a new anodic peak is observed at less positive potential. This indicates that nicotinamide attached with catechol and formed adduct after first cycle of oxidation. The effect of pH of catechol in presence of nicotinamide was studied by varying pH from 3 to 11. The substitution reaction of catechol with nicotimamide is facilitated at pH 7. In buffer solution of higher pH (>9), the CV shows different pattern. The effect of concentration of nicotinamide was studied by 2mM to 100 mM. The maximum substitution reaction has been found for 50 mM of nicotinamide and of pH 7. The proportionality of the first scan anodic and cathodic peak currents with square root of scan rate suggests that the peak current of the species at each redox reaction is controlled by diffusion process. The current functions (1/v-1/2) of the anodic peak decreased with the increasing of scan rate demonstrated that the behavior of the substitution reaction is of ECE type.

Keywords: redox interaction, catechol, nicotinamide, substituion reaction, pH effect

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Authors: A. Amirouche, M. Mouzali, D. C. Watts

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During polymerization of dental composites, the volumic shrinkage is related to the conversion degree. The variation of the volumic shrinkage (S max according to the degree of conversion CD.), was examined for the experimental composites: (BisGMA/TEGDMA): (50/50), (75/25), (25/75) mixed with seven radiopac fillers: La2O3, BaO, BaSO4, SrO, ZrO2 , SrZrO3 and BaZrO 3 with different contents in weight, from 0 to 80%. We notice that whatever the filler and the composition in monomers, Smax increases with the increase in CD. This variation is, linear in particular in the case of the fillers containing only one heavy metal, and that whatever the composition in monomers. For a given salt, the increase of BisGMA composition leads to significant increase of S max more pronounced than the increase in CD. The variation of ratio (S max / CD.) with the increase of filler content is negligible. However the fillers containing two types of heavy metals have more effect on the volumic shrinkage than on the degree of conversion. Whatever the composition in monomer, and the content of filler containing only one heavy atom, S max increases with the increase in CD. Nevertheless, S max is affected by the viscosity of the medium compared with CD. For high percentages of mineral fillers (≥ 70% in weight), the diagrams S max according to CD are deviated of the linearity, owing to the fact that S max is affected by the high percentage of fillers compared with CD. The number of heavy atoms influences directly correlation (S max / CD.). In the case of the two mineral fillers: SrZrO3 and BaZrO3 ratio (S max / CD) moves away from the proportionality. The linearity of the diagrams Smax according to CD is less regular, due to the viscosity of high content of BisGMA. The study of Smax and DC of four commercial composites are presented and compared to elaborate experimental composites.

Keywords: Dental composites, degree of conversion, volumic shrinkage, photopolymerization

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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: Laleh Boroumand, Muhammad Shiraz, Abdullah Gani, Rashid Hafeez Khokhar

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Cloud computing being the use of hardware and software that are delivered as a service over a network has its application in the area of health care. Due to the emergency cases reported in most of the medical centers, prompt for an efficient scheme to make health data available with less response time. To this end, we propose a mobile global healthcare village (MGHV) model that combines the components of three deployment model which include country, continent and global health cloud to help in solving the problem mentioned above. In the creation of continent model, two (2) data centers are created of which one is local and the other is global. The local replay the request of residence within the continent, whereas the global replay the requirements of others. With the methods adopted, there is an assurance of the availability of relevant medical data to patients, specialists, and emergency staffs regardless of locations and time. From our intensive experiment using the simulation approach, it was observed that, broker policy scheme with respect to optimized response time, yields a very good performance in terms of reduction in response time. Though, our results are comparable to others when there is an increase in the number of virtual machines (80-640 virtual machines). The proportionality in increase of response time is within 9%. The results gotten from our simulation experiments shows that utilizing MGHV leads to the reduction of health care expenditures and helps in solving the problems of unqualified medical staffs faced by both developed and developing countries.

Keywords: cloud computing (MCC), e-healthcare, availability, response time, service broker policy

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Authors: Gen Sakoda, Hideki Takayasu, Misako Takayasu

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Waste reduction is a fundamental problem for sustainability. Methods for waste reduction with point-of-sales (POS) data are proposed, utilizing the knowledge of a recent econophysics study on a statistical property of POS data. Concretely, the non-stationary time series analysis method based on the Particle Filter is developed, which considers abnormal fluctuation scaling known as Taylor's law. This method is extended for handling incomplete sales data because of stock-outs by introducing maximum likelihood estimation for censored data. The way for optimal stock determination with pricing the cost of waste reduction is also proposed. This study focuses on the examination of the methods for large sales numbers where Taylor's law is obvious. Numerical analysis using aggregated POS data shows the effectiveness of the methods to reduce food waste maintaining a high profit for large sales numbers. Moreover, the way of pricing the cost of waste reduction reveals that a small profit loss realizes substantial waste reduction, especially in the case that the proportionality constant  of Taylor’s law is small. Specifically, around 1% profit loss realizes half disposal at =0.12, which is the actual  value of processed food items used in this research. The methods provide practical and effective solutions for waste reduction keeping a high profit, especially with large sales numbers.

Keywords: food waste reduction, particle filter, point-of-sales, sustainable development goals, Taylor's law, time series analysis

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Authors: Md. Najiur Rahman

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This hypothesis reveals a profound and symmetrical connection that goes beyond the boundaries of quantum physics and cosmology, revolutionizing our understanding of the fundamental building blocks of the cosmos, given its name ‘The Theory of the Mystery’. This theory has an elegantly simple equation, “R = ∆r / √∆m” which establishes a beautiful and well-crafted relationship between the radius (R) of an elementary particle or galaxy, the relative change in radius (∆r), and the mass difference (∆m) between related entities. It is fascinating to note that this formula presents a super synchronization, one which involves the convergence of every basic particle and any single celestial entity into perfect alignment with its respective mass and radius. In addition, we have a Supporting equation that defines the mass-radius connection of an entity by the equation: R=√m/N, where N is an empirically established constant, determined to be approximately 42.86 kg/m, representing the proportionality between mass and radius. It provides precise predictions, collects empirical evidence, and explores the far-reaching consequences of theories such as General Relativity. This elegant symmetry reveals a fundamental principle that underpins the cosmos: each component, whether small or large, follows a precise mass-radius relationship to exert gravity by a universal law. This hypothesis represents a transformative process towards a unified theory of physics, and the pursuit of experimental verification will show that each particle and galaxy is bound by gravity and plays a unique but harmonious role in shaping the universe. It promises to reveal the great symphony of the mighty cosmos. The predictive power of our hypothesis invites the exploration of entities at the farthest reaches of the cosmos, providing a bridge between the known and the unknown.

Keywords: unified theory, quantum gravity, mass-radius relationship, dark matter, uniform gravity

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Authors: Ying Zhu

Abstract:

Recent years have witnessed a boom of foreign investments in the field of artificial intelligence (AI). Foreign investments provide critical capital for AI development but also trigger national security concerns of host states. A notable example is an increasing number of cases in which the Committee on Foreign Investment in the United States (CFIUS) has denied Chinese acquisitions of US technology companies on national security grounds. On July 19, 2018, the Congress has reached a deal on the final draft of a new provision to strengthen CFIUS’s authority to review overseas transactions involving sensitive US technology. The question is: how to reconcile the emerging tension between, on the one hand, foreign AI investors’ expectations of a predictable investment environment, and on the other hand, host states’ regulatory power on national security? This paper provides a methodology to reconcile this tension under international investment law. Based on an examination, the national security exception clauses in international investment treaties and the application of national security justification in investor-state arbitration jurisprudence, the paper argues that a traditional interpretation of the national security exception, based on the necessity concept in customary international law, fails to take into account new risks faced by countries, including security concerns over strategic industries such as AI. To overcome this shortage, the paper proposes to incorporate an integrated national security clause in international investment treaties, which includes a two-tier test: a ‘self-judging’ test in the pre-establishment period and a ‘proportionality’ test in the post-establishment period. At the end, the paper drafts a model national security clause for future treaty-drafting practice.

Keywords: foreign investment, artificial intelligence, international investment law, national security exception

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Authors: Meril Kate Mariano, Billy Joel Almarinez Divina Amalin, Jose Isagani Janairo

Abstract:

The scale insects Aspidiotus destructor and Aspidiotus rigidus exhibit notable scale covers made of wax which provides protection against water loss and is capable to resist wetting, thus making them a desirable model for biomimetic designs. Their waxy covers enable them to infest mainly leaves of coconut trees despite the harsh wind and rain. This study aims to describe and compare the micro morphological characters on the surfaces of their scale covers consequently, how these micro structures affect their wetting properties. Scanning electron microscope was used for the surface characterization while an optical contact angle meter was employed in the wetting measurement. The scale cover of A. destructor is composed of multiple overlapping layers of wax that is arranged regularly while that of A. rigidus is composed of a uniform layer of wax with much more prominent wax ribbons irregularly arranged compared to the former. The protrusions found on the two organisms are formed by the wax ribbons that differ in arrangement with their height being A. destructor (3.57+1.29) < A. rigidus (4.23+1.22) and their density A. destructor (15+2.94) < A. rigidus (18.33+2.64). These morphological measurements could affect the contact angle (CA θ) measurement of A. destructor (102.66+9.78°) < A. rigidus (102.77 + 11.01°) wherein the assessment that the interaction of the liquid to the microstructures of the substrate is a large factor in the wetting properties of the insect scales is realized. The calculated surface free energy of A. destructor (38.47 mJ/m²) > A. rigidus (31.02 mJ/m²) shows inverse proportionality with the CA measurement. The dispersive interaction between the surface and liquid is more prevalent compared to the polar interaction for both Aspidiotus species, which was observed using the Fowkes method. The results of this study have possible applications to be a potential biomimetic design for various industries such as textiles and coatings.

Keywords: Aspidiotus spp., biomimetics, contact angle, surface characterization, wetting behavior

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Authors: Konstancja Syller

Abstract:

International law and European regulations remain hardly silent about the admissibility of evidence obtained illegally in a criminal trial. However, Article 6 of the European Convention on Human Rights guarantees the right to a fair trial, it does not normalise a proceeding status of specified sources or means of proof outright. Therefore, it is the preserve of national legislation and national law enforcement authorities to decide on this matter. In most countries, especially in Germany and Poland, a rather complex normative approach to the issue of proof obtained in violation of the right to privacy is evident, which pursues in practise to many interpretive doubts. In Germany the jurisprudence has a significant impact within the range of the matter mentioned above. The Constitutional Court and the Supreme Court of Germany protect the right to privacy quite firmly - they ruled on inadmissibility of obtaining a proof in the form of a diary or a journal as a protection measure of constitutional guaranteed right. At the same time, however, the Supreme Court is not very convinced with reference to the issue of whether materials collected as a result of an inspection, call recordings or listening to the premises, which were carried out in breach of law, can be used in a criminal trial. Generally speaking, German courts indicate a crucial importance of the principle of Truth and the principle of proportionality, which both enable a judgement to be made as to the possibility of using an evidence obtained unlawfully. Comparing, in Poland there is almost no jurisprudence of the Constitutional Tribunal relating directly to the issue of illegal evidence. It is somehow surprising, considering the doctrinal analysis of the admissibility of using such proof in a criminal trial is performed in relation to standards resulted from the Constitution. Moreover, a crucial de lega lata legal provision, which enables allowing a proof obtained in infringement of the provisions in respect of criminal proceedings or through a forbidden act, is widely criticised within the legal profession ant therefore many courts give it their own interpretation at odds with legislator’s intentions. The comparison of two civil law legal systems’ standards regarding to the admissibility of an evidence obtained in contravention of the right to privacy in a criminal trial, taking also into account EU legislation and judicature, is the conclusive aim of this article.

Keywords: criminal trial, evidence, Germany, right to privacy, Poland

Procedia PDF Downloads 133

Authors: Ana M. Prieto del Pino

Abstract:

As is well known, UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) was a landmark regarding the seizure of proceeds of crime. Depriving criminals of the profits from their activity became a priority at an international level in the fight against organised crime. Enabling confiscation of proceeds of illicit traffic in narcotic drugs and psychotropic substances, criminalising money laundering and confiscating the proceeds thereof are the three measures taken in order to achieve that purpose. The beginning of 21st century brought the declaration of war on corruption and on the illicit enjoyment of the profits thereof onto the international scene. According to the UN Convention against Transnational Organised Crime (2000), States Parties should adopt the necessary measures to enable the confiscation of proceeds of crime derived from offences (or property of equivalent value) and property, equipment and other instrumentalities used in offences covered by that Convention. The UN Convention against Corruption (2003) states asset recovery explicitly as a fundamental principle and sets forth measures aiming at the direct recovery of property through international cooperation in confiscation. Furthermore, European legislation has made many significant strides forward in less than twenty years concerning money laundering, confiscation, and asset recovery. Crime does not pay, let there be no doubt about it. Nevertheless, we must be very careful not to sing out of tune with individual rights and legal guarantees. On the one hand, innocent individuals and businesses must be protected, since they should not pay for the guilty ones’ faults. On the other hand, the rule of law must be preserved and not be tossed aside regarding those who have carried out criminal activities. An in-depth analysis of judicial decisions on money laundering and confiscation of proceeds of crime issued by European national courts and by the European Court of Human Rights in the last decade has been carried out from a human rights, legal guarantees and criminal law basic principles’ perspective. The undertaken study has revealed the violation of the right to property, of the proportionality principle legal and the infringement of basic principles of states’ domestic substantive and procedural criminal law systems. The most relevant ones have to do with the punishment of money laundering committed through negligence, non-conviction based confiscation and a too-far reaching interpretation of the notion of ‘proceeds of crime’. Almost everything in life has a bright and a dark side. Confiscation of criminal proceeds and asset recovery are not an exception to this rule.

Keywords: confiscation, human rights, money laundering, organized crime

Procedia PDF Downloads 114