Search results for: intellectual property rights

Authors: German Lopez Daza

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Latin America is probably the region with greater social inequality, contrary to the amount of rights enshrined in their constitutions. In the last decade of the twentieth century, the area resulted in significant changes to democratization and constitutional changes. Through low-key public policy, political leaders activated participation in the culture of human rights. The struggle for social rights in Latin America has been a constant regulation. His consecration at the constitutional level has chained search application. The constitutionalization and judicial protection of these rights have been crucial in countries like Argentina, Venezuela, Peru and Colombia. This paper presents an analytical view on the constitutionalization of social rights in the Latin American context and its justiciability.

Keywords: Socials rights, public policy, justiciability, judicial protection, Latin America.

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Authors: Kyoko Ito, Shinya Furuta, Daisuke Kamihigashi, Kimi Ueda, Hirotake Ishii, Hiroshi Shimoda, Fumiaki Obayashi, Kazuhiro Taniguchi

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In order to improve intellectual concentration, few studies have verified the effect of indoor airflow among the thermal environment conditions, and the differences of the season in effects have not been studied. In this study, in order to investigate the influence of the airflow in winter on the intellectual concentration, an evaluation experiment was conducted. In the previous study, an effective airflow in summer was proposed and the improvement of intellectual concentration by evaluation experiment was confirmed. Therefore, an airflow profile in winter was proposed with reference to the airflow profile in summer. The airflows are a combination of a simulative airflow and mild airflow. An experiment has been conducted to investigate the influence of a room airflow in winter on intellectual concentration. As a result of comparison with no airflow condition, no significant difference was found. Based on the results, it is a future task to ask preliminary preference in advance and to establish a mechanism that can provide controllable airflow for each individual, taking into account the preference for airflow to be different for each individual.

Keywords: Intellectual concentration, airflow, winter, experiment.

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Authors: Trish O'Sullivan

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This paper considers the exclusion of consumer rights by the New Zealand Consumer Guarantees Act 1993 in eauctions. The paper asserts that the absence of an individual auctioneer conducting each e-auction means that e-auctions may not be auctions at all. The paper also questions the justification for excluding consumer rights in e-auctions because the rationale for excluding consumer rights in traditional auctions does not fit with e-auctions due to the significant differences in the sale processes. The paper recommends reform by way of statutory amendment.

Keywords: auction, auctioneer, consumer rights, e-auction.

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Authors: M. H. M. Rashid

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A Banach space operator T obeys property (gm) if the isolated points of the spectrum σ(T) of T which are eigenvalues are exactly those points λ of the spectrum for which T − λI is a left Drazin invertible. In this article, we study the stability of property (gm), for a bounded operator acting on a Banach space, under perturbation by finite rank operators, by nilpotent operators, by quasi-nilpotent operators, or more generally by algebraic operators commuting with T.

Keywords: Weyl’s theorem, Weyl spectrum, polaroid operators, property (gm), property (m).

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Authors: J. Young, A. Brown, L. Konjarski

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This paper presents key challenges reported by a group of Australian undergraduate Physical Education students in conducting a program for persons with an intellectual disability. Strategies adopted to address these challenges are presented together with representative feedback given by the Physical Education students at the completion of the program. The significance of the program’s findings is summarized.

Keywords: Adapted teaching, persons with an intellectual disability.

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Authors: Adel S. Alanazi

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The transition of a student with a disability from school to work is the most crucial phase while moving from the stage of adolescence into early adulthood. In this process, young individuals face various difficulties and challenges in order to accomplish the next venture of life successfully. In this respect, this paper aims to examine the challenges encountered by the individuals with intellectual disabilities in transition to work in Saudi Arabia. For this purpose, this study has undertaken a qualitative research-based methodology; wherein interpretivist philosophy has been followed along with inductive approach and exploratory research design. The data for the research has been gathered with the help of semi-structured interviews, whose findings are analysed with the help of thematic analysis. Semi-structured interviews were conducted with parents of persons with intellectual disabilities, officials, supervisors and specialists of two vocational rehabilitation centres providing training to intellectually disabled students, in addition to that, directors of companies and websites in hiring those individuals. The total number of respondents for the interview was 15. The purposive sampling method was used to select the respondents for the interview. This sampling method is a non-probability sampling method which draws respondents from a known population and allows flexibility and suitability in selecting the participants for the study. The findings gathered from the interview revealed that the lack of awareness among their parents regarding the rights of their children who are intellectually disabled; the lack of adequate communication and coordination between various entities; concerns regarding their training and subsequent employment are the key difficulties experienced by the individuals with intellectual disabilities. Training in programmes such as bookbinding, carpentry, computing, agriculture, electricity and telephone exchange operations were involved as key training programmes. The findings of this study also revealed that information technology and media were playing a significant role in smoothing the transition to employment of individuals with intellectual disabilities. Furthermore, religious and cultural attitudes have been identified to be restricted for people with such disabilities in seeking advantages from job opportunities. On the basis of these findings, it can be implied that the information gathered through this study will serve to be highly beneficial for Saudi Arabian schools/ rehabilitation centres for individuals with intellectual disability to facilitate them in overcoming the problems they encounter during the transition to work.

Keywords: Intellectual disability, transition services, rehabilitation centre.

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Authors: Pavel Zikl, Nikola Holoubková, Hana Karásková, Tereza B. Veselíková

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The article presents the research results focused on comparing the level of gross motor skills in children with mild intellectual disabilities and intact children. The data collection used the standard test (Test of Gross Motor Development). The research sample consisted of a total of 114 students with an average age of 10 years. The results present the differences between the two groups of students in locomotor skills and object control skills. The presented results can serve as a basis for better targeting of special-pedagogical support for children with mild intellectual disabilities and as a basis for innovation of the curriculum for this group of children, as well as a basis for further research activities in this area.

Keywords: Gross motor, mild intellectual disability, Test of Gross Motor Development.

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Authors: Bello Nurudeen Akinsola

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The study analyzed the risk and returns of commercial-property in Southwestern Nigeria and selected stocksmarket investment between 2000 and 2009; compared the inflation hedging characteristics and diversification potentials of investing in commercial-property and selected stock- market investment. Primary data were collected on characteristics, rental and capital values of commercial- properties from their property managers through the use of questionnaire. Secondary data on stock prices and dividends on banking, insurance and conglomerates sectors were sourced from the Nigerian Stock Exchange (2000-2009). The result showed that average return on all the selected stock- investments was higher than that of commercial-property. As regards risk, commercial-property indicated lower risk, compared to stocks. Also the stock-investment had better inflation hedging capacity than commercial-properties; combination of both had diversification potentials. The study concluded that stock-market investment offered attractive higher return than commercial-property although with higher risk and there could be diversification benefits in combining commercial-property with stock- investment.

Keywords: Commercial-Property, Return, Risk, Stock Market

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Authors: Dragana Bjelić, Mirela Mezak Stastny

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This paper begins with formal defining of human rights and freedoms, and the basic document regarding the said subject is undoubtedly French Declaration of the Rights of Man and of the Citizen from 789. This paper furthermore parses legal sources relevant for the workers' rights in legal system of the Republic of Croatia, international contracts and the Labour Act, which is also a master bill regarding workers' rights The authors are also dealing with issues of Constitutional Court of the Republic of Croatia and its' position in judicial system of the Republic of Croatia, as well as with the specifics of Constitutional Complaint, and the crucial part of the paper is based on the research conducted with an aim to determine implementation of rights and liberties guaranteed by the articles 54. and 55. of the Constitution of the Republic of Croatia by means of Constitutional Complaint.

Keywords: a right to work, a freedom of work, Constitutional Court of Republic of Croatia, Constitutional Complaint.

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Authors: Matthew J. Zagumny

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The current study reports an examination of the QUEST-25 (Q-Assessment of Undergraduate Epistemology and Scientific Thinking) online version for assessing the dispositional attitudes toward scientific thinking and intellectual curiosity among undergraduate students. The QUEST-25 consists of scientific thinking (SIQ-25) and intellectual curiosity (ICIQ-25), which were correlated in hypothesized directions with the Religious Commitment Inventory, Curiosity and Exploration Inventory, Belief in Science scale, and measures of academic self-efficacy. Additionally, concurrent validity was established by the resulting significant differences between those identifying the centrality of religious belief in their lives and those who do not self-identify as being guided daily by religious beliefs. This study demonstrates the utility of the QUEST-25 for research, evaluation, and theory development.

Keywords: Guided-inquiry learning, intellectual curiosity, psychometric assessment, scientific thinking.

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Authors: C. Leiber

Abstract:

International human rights treaties ensure basic rights to all people, regardless of nationality. These treaties have developed in a predominantly Western environment, and their implementation into non-western contexts often raises questions of the transfer-ability of value systems and governance structures. International human rights treaties also postulate the right to the full enjoyment and expression of one’s own culture, known as cultural rights. Many cultural practices and traditions in South Sudan serve as an obstacle to the adaptation of human rights and internationally agreed-upon standards, specifically those pertaining to women’s rights and gender equality. This paper analyzes the specific social, political, and economic conflicts between women’s rights and cultural rights within the context of South Sudan’s evolution into a sovereign nation. It comprehensively evaluates the legal status of South Sudanese women and –based on the empirical evidence- assesses gender equality in four key areas: Marriage, Education, Violence against Women, and Inheritance. This work includes an exploration into how South Sudanese culture influences, and indeed is intertwined with, social, political, and economic spheres, and how it limits gender equality and impedes the full implementation of international human rights treaties. Furthermore, any negative effects which systemic gender inequality and cultural practices that are oppressive to women have on South Sudan as a developing nation are explored. Finally, those areas of conflict between South Sudanese cultural rights and international women’s rights are outlined which can be mitigated or resolved in favor of elevating gender equality without imperializing or destroying South Sudanese culture.

Keywords: Cultural rights, gender equality, international human rights, South Sudan.

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Authors: Antonios Maniatis

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The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at answering the question “Which is the profile of 3G constitutional rights, particularly in the light of International Humanitarian Law?”

Keywords: Constitution, Humanitarian International Law, Piracy, 3G fundamental rights.

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Authors: Campbell Townsend, David Hamilton

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Previous research has demonstrated that negative attitudes towards people with physical disabilities and obesity are predicted by a component of perceived vulnerability to disease; germ aversion. These findings have been suggested as illustrations of an evolved but over-active mechanism which promotes the avoidance of pathogen-carrying individuals. To date, this interpretation of attitude formation has not been explored with regard to people with intellectual disability, and no attempts have been made to examine possible mediating factors. This study examined attitudes in 333 adults and demonstrated that the moderate positive relationship between germ aversion and negative attitudes toward people with intellectual disability is fully mediated by social dominance orientation, a general preference for hierarchies and inequalities among social groups. These findings have implications for the design of programs which attempt to promote community acceptance and inclusion of people with disabilities.

Keywords: avoidance, evolutionary psychology, intellectual disability, prejudice

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Authors: Hapriza Ashari, Nik Ahmad Kamal Nik Mahmod

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This article aims to assess the level of basic knowledge of statutory employment rights at the workplace as prescribed by the Malaysian Employment Act 1955. The statutory employment rights comprises of a variety of individual employment rights such as protections of wages, statutory right to the general standard of working time, statutory right to rest day, public holidays, annual leave and sick leave as well as female employee’s statutory right to paid maternity leave. A field survey was carried out to collect data by using self-administered questionnaires from Human Resource (HR) practitioners in the small and medium-sized enterprises (SMEs). The results reveal that the level of basic knowledge of legislated employment rights varies between different types of statutory rights from high level to low level.

Keywords: Employment legislation, Human Resource (HR) practitioner, legal knowledge, small and medium-sized enterprises (SMEs).

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Authors: Yolanda Ramírez, Ángel Tejada, Agustín Baidez

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The purpose of this paper is to examine the quality of voluntary intellectual capital disclosure by public Spanish universities on their websites. To this end, a content analysis was used to analyze the websites of 50 public Spanish universities i 2016. The results of this study show that human capital was the most disclosed category with relational capital being the least frequently disclosed in Spain. However, the quality of structural capital disclosures was higher than relational and human capital. Finally, most IC disclosures were narrative in nature.

Keywords: Intellectual capital, quality disclosure, websites, universities, Spain.

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Authors: E. Neagoe, V. Balanica

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A Smart Building Controller (SBC) is a server software that offers secured access to a pool of building specific resources, executes monitoring tasks and performs automatic administration of a building, thus optimizing the exploitation cost and maximizing comfort. This paper brings to discussion the issues that arise with the secure exploitation of the SBC administered resources and proposes a technical solution to implement a robust secure access system based on roles, individual rights and privileges (special rights).

Keywords: Access authorization, smart building controller, software security, access rights.

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Authors: Bita Mashayekhi, Seyed Meisam Tabatabaie Nasab

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Intellectual capital is one of the most valuable and important parts of the intangible assets of enterprises especially in knowledge-based enterprises. With respect to increasing gap between the market value and the book value of the companies, intellectual capital is one of the components that can be placed in this gap. This paper uses the value added efficiency of the three components, capital employed, human capital and structural capital, to measure the intellectual capital efficiency of Iranian industries groups, listed in the Tehran Stock Exchange (TSE), using a 8 years period data set from 2005 to 2012. In order to analyze the effect of intellectual capital on the market-to-book value ratio of the companies, the data set was divided into 10 industries, Banking, Pharmaceutical, Metals & Mineral Nonmetallic, Food, Computer, Building, Investments, Chemical, Cement and Automotive, and the panel data method was applied to estimating pooled OLS. The results exhibited that value added of capital employed has a positive significant relation with increasing market value in the industries, Banking, Metals & Mineral Nonmetallic, Food, Computer, Chemical and Cement, and also, showed that value added efficiency of structural capital has a positive significant relation with increasing market value in the Banking, Pharmaceutical and Computer industries groups. The results of the value added showed a negative relation with the Banking and Pharmaceutical industries groups and a positive relation with computer and Automotive industries groups. Among the studied industries, computer industry has placed the widest gap between the market value and book value in its intellectual capital.

Keywords: Capital Employed, Human Capital, Intellectual Capital, Market-to-Book Value, Structural Capital, Value Added Efficiency.

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Authors: J. F. Arthur, R. M. Hodge

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The Defence Materials Technology Centre has evolved from the Australian Cooperative Research Centres Program. The Centre receives funding from Government, industry and research sources to fund collaborative research within its participant organisations. The research centre is structured as a company with a small administrative staff and plays the role of the “honest broker” within the collaboration. A corporate culture has been established that is pervasive into the research projects are undertaken. The model is an effective mechanism to deliver outcomes to each of the participant stakeholders.

Keywords: Collaboration, Research Centre.

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Authors: Al-Shabatat, M. Ahmad, Abbas, M., Ismail, H. Nizam

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Achievement motivation is believed to promote giftedness attracting people to invest in many programs to adopt gifted students providing them with challenging activities. Intellectual giftedness is founded on the fluid intelligence and extends to more specific abilities through the growth and inputs from the achievement motivation. Acknowledging the roles played by the motivation in the development of giftedness leads to an effective nurturing of gifted individuals. However, no study has investigated the direct and indirect effects of the achievement motivation and fluid intelligence on intellectual giftedness. Thus, this study investigated the contribution of motivation factors to giftedness development by conducting tests of fluid intelligence using Cattell Culture Fair Test (CCFT) and analytical abilities using culture reduced test items covering problem solving, pattern recognition, audio-logic, audio-matrices, and artificial language, and self report questionnaire for the motivational factors. A number of 180 highscoring students were selected using CCFT from a leading university in Malaysia. Structural equation modeling was employed using Amos V.16 to determine the direct and indirect effects of achievement motivation factors (self confidence, success, perseverance, competition, autonomy, responsibility, ambition, and locus of control) on the intellectual giftedness. The findings showed that the hypothesized model fitted the data, supporting the model postulates and showed significant and strong direct and indirect effects of the motivation and fluid intelligence on the intellectual giftedness.

Keywords: Achievement motivation, Intellectual Giftedness, Fluid Intelligence, Analytical Giftedness, CCFT, Structural EquationModeling.

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Authors: Steven Whittle, Ingrida Valiusaityte

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Within the domain of Systems Engineering the need to perform property aggregation to understand, analyze and manage complex systems is unequivocal. This can be seen in numerous domains such as capability analysis, Mission Essential Competencies (MEC) and Critical Design Features (CDF). Furthermore, the need to consider uncertainty propagation as well as the sensitivity of related properties within such analysis is equally as important when determining a set of critical properties within such a system. This paper describes this property breakdown in a number of domains within Systems Engineering and, within the area of CDFs, emphasizes the importance of uncertainty analysis. As part of this, a section of the paper describes possible techniques which may be used within uncertainty propagation and in conclusion an example is described utilizing one of the techniques for property and uncertainty aggregation within an aircraft system to aid the determination of Critical Design Features.

Keywords: Complex Systems, Critical Design Features, Property Aggregation, Uncertainty.

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Authors: A. G. Matveev

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The copyrights system is a combination of different elements. The number, content and the correlation of these elements are different for different legal orders. The models of copyrights systems display this system in terms of the interaction of economic and author's moral rights. Monistic and dualistic models are the most popular ones. The article deals with different points of view on the monism and dualism in copyright system. A specific model of the copyright in Switzerland in the XXth century is analyzed. The evolution of a French dualistic model of copyright is shown. The author believes that one should talk not about one, but rather about a number of dualism forms of copyright system.

Keywords: Copyright, exclusive copyright, economic rights, author's moral rights, rights of personality, monistic model, dualistic model.

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Authors: Munehiro Iwami

Abstract:

A property is called persistent if for any many-sorted term rewriting system , has the property if and only if term rewriting system , which results from by omitting its sort information, has the property. In this paper,we show that termination is persistent for non-overlapping term rewriting systems and we give the example as application of this result. Furthermore we obtain that completeness is persistent for non-overlapping term rewriting systems.

Keywords: Theory of computing, Model-based reasoning, termrewriting system, termination

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Authors: Hamid Alalwany, Nabeel A. Koshak, Mohammad K. Ibrahim

Abstract:

Both knowledge economy and sustainable development are considered key dimensions in the policy action lines of many developed and developing countries. In this context, universities and other higher education institutes have a vital role in developing and sustaining wellbeing communities.

In this paper, the authors’ aim is to address the links between the concepts of innovation and entrepreneurial capacity and knowledge economy, and to utilize the approach of intellectual capital development in building a sustainable knowledge economy.

The paper will contribute to two discourses:

1. Developing a common understanding of the intersection aspects between the three concepts: Knowledge economy, Innovation and entrepreneurial system, and sustainable development.
2. Paving the road towards developing an integrated multidimensional framework for sustainable knowledge economy.

Keywords: Innovation and Entrepreneurial Capacity, Intellectual Capital Development, Sustainable Development, Sustainable Knowledge Economy.

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Authors: Luciana Steffen

Abstract:

People with disabilities are often neglected in the exercise of their sexuality, facing several prejudices and discrimination in this area. For women with disabilities, the negligence is even major. Studies that relate sexual and reproductive rights with the experience of women with disabilities are rare, and in the field of Theology, practically nonexistent in Brazil. The aim of this work is to reflect on the relationship between women with disabilities, sexual and reproductive rights and Theology, according to a feminist perspective. The work is a literature review and involves the areas of Gender Studies, Disability Studies, Feminist Studies and Theology. In the article it will be addressed the relations between disability, sexual and reproductive rights, feminism, as well as the relations with the area of Theology, reflecting on these themes toward a fairer and more inclusive understanding of feminism, sexuality and women with disabilities. To reflect on sexual and reproductive rights of women with disabilities, it is important to reflect on religious concepts about the body, sexuality, reproduction and gender roles, because they are all connected. So, a critical analysis of traditional theological values taking into consideration the dimensions of sexuality and women with disability is important for a more liberating and inclusive understand about sexual and reproductive rights of women with disabilities. Theology should help the other areas in the understanding that all people have the right to live their lives with completeness, dignity and respect, so women with disabilities must have the opportunity of making their own choices on the fields of sexuality and reproduction.

Keywords: Disability, gender, sexual and reproductive rights, Theology.

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Authors: Norah A. Elgibreen

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Cultural stories are political. They register cultural phenomena and their relations with the world and society in term of their existence, function, characteristics by using different context. This paper will provide a new way of rethinking which will help us to rethink the relationship between fiction and politics. It discusses the theme of human rights and it shows the relevance between art and politics by studying the civil society through a literary framework. Reasons to establish a relationship between fiction and politics are the relevant themes and universal issues among the two disciplines. Both disciplines are sets of views and ideas formulated by the human mind to explain political or cultural phenomenon. Other reasons are the complexity and depth of the author-s vision, and the need to explain the violations of human rights in a more active structure which can relate to emotional and social existence.

Keywords: dignity, human rights, politics and literature, Untouchable.

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Authors: R. AliMohammadzadeh, M. Haghir Chehreghani, A. Zarnani, M. Rahgozar

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Mining frequent tree patterns have many useful applications in XML mining, bioinformatics, network routing, etc. Most of the frequent subtree mining algorithms (i.e. FREQT, TreeMiner and CMTreeMiner) use anti-monotone property in the phase of candidate subtree generation. However, none of these algorithms have verified the correctness of this property in tree structured data. In this research it is shown that anti-monotonicity does not generally hold, when using weighed support in tree pattern discovery. As a result, tree mining algorithms that are based on this property would probably miss some of the valid frequent subtree patterns in a collection of trees. In this paper, we investigate the correctness of anti-monotone property for the problem of weighted frequent subtree mining. In addition we propose W3-Miner, a new algorithm for full extraction of frequent subtrees. The experimental results confirm that W3-Miner finds some frequent subtrees that the previously proposed algorithms are not able to discover.

Keywords: Semi-Structured Data Mining, Anti-Monotone Property, Trees.

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Authors: Moustapha Bande, Hakima Ould-Slimane, Hanifa Boucheneb

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Software development for complex systems requires efficient and automatic tools that can be used to verify the satisfiability of some critical properties such as security ones. With the emergence of Aspect-Oriented Programming (AOP), considerable work has been done in order to better modularize the separation of concerns in the software design and implementation. The goal is to prevent the cross-cutting concerns to be scattered across the multiple modules of the program and tangled with other modules. One of the key challenges in the aspect-oriented programs is to be sure that all the pieces put together at the weaving time ensure the satisfiability of the overall system requirements. Our paper focuses on this problem and proposes a formal property verification approach for a given property from the woven program. The approach is based on the control flow graph (CFG) of the woven program, and the use of a satisfiability modulo theories (SMT) solver to check whether each property (represented par one aspect) is satisfied or not once the weaving is done.

Keywords: Aspect-oriented programming, control flow graph, satisfiability modulo theories, property verification.

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Authors: Simon Huston, Ebraheim Lahbash, Ali Parsa

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The development of the United Arab Emirates (UAE) into a regional trade, tourism, finance and logistics hub has transformed its real estate markets. However, speculative activity and price volatility remain concerns. UAE residential market values (MV) are exposed to fluctuations in capital flows and migration which, in turn, are affected by geopolitical uncertainty, oil price volatility and global investment market sentiment. Internally, a complex interplay between administrative boundaries, land tenure, building quality and evolving location characteristics fragments UAE residential property markets. In short, the UAE Residential Valuation System (UAE-RVS) confronts multiple challenges to collect, filter and analyze relevant information in complex and dynamic spatial and capital markets. A robust (RVS) can mitigate the risk of unhelpful volatility, speculative excess or investment mistakes. The research outlines the institutional, ontological, dynamic and epistemological issues at play. We highlight the importance of system capabilities, valuation standard salience and stakeholders trust.

Keywords: Valuation, property rights, information, institutions, trust, salience.

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Authors: Tasawar Nawaz

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Promotion of socioeconomic justice through redistribution of wealth is one of the most salient features of Islamic economic system. Islamic financial institutions known as Islamic banks are used to implement this in practice under the guidelines of Islamic Shariah law. Islamic banking systems strive to promote and achieve financial inclusion among the society by offering interest-free banking and risk-sharing financing solutions. Shariah-compliant micro finance is one of the most popular financial instruments used by Islamic banks to enhance access to finance. Benevolent loan (or Qard-al-Hassanah) is one of the popular financial tools used by the Islamic banks to promote financial inclusion. This aspect of Islamic banking is empirically examined in this paper with specific reference to firm’s resources, largely defined here as intellectual capital. The paper finds that Islamic banks promote financial inclusion by exploiting available resources especially, the human intellectual capital.

Keywords: Financial inclusion, intellectual capital, Qard-al-Hassanah, Islamic banking.

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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, Canadian Charter of Rights and Freedoms.

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