Search results for: general clause

Authors: Maria Lubomira Kubica

Abstract:

The paper reveals the birth and evolution of the British precedent Rylands v. Fletcher that, once adopted on the other side of the Ocean (in United States), gave rise to a general clause of liability for abnormally dangerous activities recognized by the §20 of the American Restatements of the Law Third, Liability for Physical and Emotional Harm. The main goal of the paper was to analyze the development of the legal doctrine and of the case law posterior to the precedent together with the intent of the British judicature to leapfrog from the traditional rule contained in Rylands v. Fletcher to a general clause similar to that introduced in the United States and recently also on the European level. As it is well known, within the scope of tort law two different initiatives compete with the aim of harmonizing the European laws: European Group on Tort Law with its Principles of European Tort Law (hereinafter PETL) in which article 5:101 sets forth a general clause for strict liability for abnormally dangerous activities and Study Group on European Civil Code with its Common Frame of Reference (CFR) which promotes rather ad hoc model of listing out determined cases of strict liability. Very narrow application scope of the art. 5:101 PETL, restricted only to abnormally dangerous activities, stays in opposition to very broad spectrum of strict liability cases governed by the CFR. The former is a perfect example of a general clause that offers a minimum and basic standard, possibly acceptable also in those countries in which, like in the United Kingdom, this regime of liability is completely marginalized.

Keywords: Dangerous activities, general clause, risk, strict liability.

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Authors: Maria Lubomira Kubica

Abstract:

The paper reveals the birth and evolution of the British precedent Rylands v. Fletcher that, once adopted on the other side of the Ocean (in United States), gave rise to a general clause of liability for abnormally dangerous activities recognized by the §20 of the American Restatements of the Law Third, Liability for Physical and Emotional Harm. The main goal of the paper was to analyze the development of the legal doctrine and of the case law posterior to the precedent together with the intent of the British judicature to leapfrog from the traditional rule contained in Rylands v. Fletcher to a general clause similar to that introduced in the United States and recently also on the European level. As it is well known, within the scope of tort law two different initiatives compete with the aim of harmonizing the European laws: European Group on Tort Law with its Principles of European Tort Law (hereinafter PETL) in which article 5:101 sets forth a general clause for strict liability for abnormally dangerous activities and Study Group on European Civil Code with its Common Frame of Reference (CFR) which promotes rather ad hoc model of listing out determined cases of strict liability. Very narrow application scope of the art. 5:101 PETL, restricted only to abnormally dangerous activities, stays in opposition to very broad spectrum of strict liability cases governed by the CFR. The former is a perfect example of a general clause that offers a minimum and basic standard, possibly acceptable also in those countries in which, like in the United Kingdom, this regime of liability is completely marginalized.

Keywords: Abnormally dangerous activities, general clause, Rylands v. Fletcher, strict liability.

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Authors: Joseph Ignagni, Rebecca E. Deen

Abstract:

There are many views on how human decision makers behave. In this work, the Justices of the United States Supreme Court will be viewed in terms of constrained maximization and cognitivecybernetic theory. This paper will integrate research in such fields as law, political science, psychology, economics and decision making theory. It will be argued that due to its heavy workload, the Supreme Court is forced to make decisions in a boundedly rational manner. The ideas and theory put forward here will be tested in the area of the Court’s decisions involving religion. Therefore, the cases involving the U.S. Constitution’s Free Exercise Clause and Establishment Clause will be analyzed. Also, variables such as the U.S. government’s involvement in these cases will be considered. The years to be studied will be 1987-2011.

Keywords: Establishment Clause, Free Exercise Clause, U.S. Constitution, U.S. Supreme Court.

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Authors: Keisuke Nakamura, Kiyoshi Akama, Hiroshi Mabuchi

Abstract:

E-Learning systems are used by many learners and teachers. The developer is developing the e-Learning system. However, the developer cannot do system construction to satisfy all of users- demands. We discuss a method of constructing e-Learning systems where learners and teachers can design, try to use, and share extending system functions that they want to use; which may be nally added to the system by system managers.

Keywords: Clause-Rule-Model, database-access, e-Learning, Web-Application.

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Authors: Promise A. Azor, Avievie Igodo, Esabai M. Ase

Abstract:

The paper merged the return of premium clause and voluntary contributions to investigate retirees’ investment plan in a defined contributory (DC) pension scheme with a portfolio comprising of a risk-free asset and a risky asset whose price process is described by geometric Brownian motion (GBM). The paper considers additional voluntary contributions paid by members, charge on balance by pension fund administrators and the mortality risk of members of the scheme during the accumulation period by introducing return of premium clause. To achieve this, the Weilbull mortality force function is used to establish the mortality rate of members during accumulation phase. Furthermore, an optimization problem from the Hamilton Jacobi Bellman (HJB) equation is obtained using dynamic programming approach. Also, the Legendre transformation method is used to transform the HJB equation which is a nonlinear partial differential equation to a linear partial differential equation and solves the resultant equation for the value function and the optimal distribution plan under logarithm utility function. Finally, numerical simulations of the impact of some important parameters on the optimal distribution plan were obtained and it was observed that the optimal distribution plan is inversely proportional to the initial fund size, predetermined interest rate, additional voluntary contributions, charge on balance and instantaneous volatility.

Keywords: Legendre transform, logarithm utility, optimal distribution plan, return clause of premium, charge on balance, Weibull mortality function.

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Authors: Zhe JIN, Motomichi TOYAMA

Abstract:

In this paper, we propose a fixed formatting method of PPX(Pretty Printer for XML). PPX is a query language for XML database which has extensive formatting capability that produces HTML as the result of a query. The fixed formatting method is to completely specify the combination of variables and layout specification operators within the layout expression of the GENERATE clause of PPX. In the experiment, a quick comparison shows that PPX requires far less description compared to XSLT or XQuery programs doing the same tasks.

Keywords: PPX, XML, HTML, XSLT, XQuery, fixed formatting method.

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Authors: Zhe JIN, Motomichi TOYAMA

Abstract:

PPX(Pretty Printer for XML) is a query language that offers a concise description method of formatting the XML data into HTML. In this paper, we propose a simple specification of formatting method that is a combination description of automatic layout operators and variables in the layout expression of the GENERATE clause of PPX. This method can automatically format irregular XML data included in a part of XML with layout decision rule that is referred to DTD. In the experiment, a quick comparison shows that PPX requires far less description compared to XSLT or XQuery programs doing same tasks.

Keywords: PPX, Irregular XML data, Layout decision rule, HTML.

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Authors: H. Ganji, H. R. Mahdipoor, J. Ahmadpanah, H. Naderi

Abstract:

The modified Claus process is the major technology for the recovery of elemental sulfur from hydrogen sulfide. The chemical reactions that can occur in the reaction furnace are numerous and many byproducts such as carbon disulfide and carbon carbonyl sulfide are produced. These compounds can often contribute from 20 to 50% of the pollutants and therefore, should be hydrolyzed in the catalytic converter. The inlet temperature of the first catalytic reactor should be maintained over than 250 °C, to hydrolyze COS and CS2. In this paper, the various configurations for the first converter reheating of sulfur recovery unit are investigated. As a result, the performance of each method is presented for a typical clause unit. The results show that the hot gas method seems to be better than the other methods.

Keywords: Sulfur recovery unit, reaction converter.

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Authors: Walter Hussak, John Keane

Abstract:

The usual correctness condition for a schedule of concurrent database transactions is some form of serializability of the transactions. For general forms, the problem of deciding whether a schedule is serializable is NP-complete. In those cases other approaches to proving correctness, using proof rules that allow the steps of the proof of serializability to be guided manually, are desirable. Such an approach is possible in the case of conflict serializability which is proved algebraically by deriving serial schedules using commutativity of non-conflicting operations. However, conflict serializability can be an unnecessarily strong form of serializability restricting concurrency and thereby reducing performance. In practice, weaker, more general, forms of serializability for extended models of transactions are used. Currently, there are no known methods using proof rules for proving those general forms of serializability. In this paper, we define serializability for an extended model of partitioned transactions, which we show to be as expressive as serializability for general partitioned transactions. An algebraic method for proving general serializability is obtained by giving an initial-algebra specification of serializable schedules of concurrent transactions in the model. This demonstrates that it is possible to conduct algebraic proofs of correctness of concurrent transactions in general cases.

Keywords: Algebraic Specification, Partitioned Transactions, Serializability.

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Authors: Menglong Su, Shaoyun Shi, Qing Xu

Abstract:

In this paper, by introducing twice continuously differentiable mappings, we develop an interior path following following method, which enables us to give a constructive proof of the general Brouwer fixed point theorem and thus to solve fixed point problems in a class of non-convex sets. Under suitable conditions, a smooth path can be proven to exist. This can lead to an implementable globally convergent algorithm. Several numerical examples are given to illustrate the results of this paper.

Keywords: interior path following method, general Brouwer fixed point theorem, non-convex sets, globally convergent algorithm

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Authors: Weidong Xia, Malgorzata Kolotylo, Xuan Tan

Abstract:

This study examines the key factors that influence general practitioners’ learning and transfer of specialized arthritis knowledge and self-care techniques to patients during normal patient visits. Drawing on the theory of planed behavior and using matched survey data collected from general practitioners before and after training sessions provided by specialized orthopedic physicians, the study suggests that the general practitioner’s intention to use and transfer learned knowledge was influenced mainly by intrinsic motivation, organizational learning culture and absorptive capacity, but was not influenced by extrinsic motivation. The results provide both theoretical and practical implications.

Keywords: Empirical study, healthcare knowledge management, patient self-care, physician knowledge transfer.

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Authors: Chalermwut Wijit

Abstract:

This research is conducted in order to 1) study the result of applying “Active Learning” in general education subject to develop creativity 2) explore problems and obstacles in applying Active Learning in general education subject to improve the creativity in 1780 undergraduate students who registered this subject in the first semester 2013. The research is implemented by allocating the students into several groups of 10 -15 students and assigning them to design the activities for society under the four main conditions including 1) require no financial resources 2) practical 3) can be attended by every student 4) must be accomplished within 2 weeks. The researcher evaluated the creativity prior and after the study. Ultimately, the problems and obstacles from creating activity are evaluated from the open-ended questions in the questionnaires. The study result states that overall average scores on students’ ability increased significantly in terms of creativity, analytical ability and the synthesis, the complexity of working plan and team working. It can be inferred from the outcome that active learning is one of the most efficient methods in developing creativity in general education.

Keywords: Creative Thinking, Active Learning, General Education.

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Authors: Chao Yuan, Bao Guang Tian

Abstract:

A relative efficiency is defined as Ridge Estimate in the general linear model. The relative efficiency is based on the Mean square error. In this paper, we put forward a parameter of Ridge Estimate and discussions are made on the relative efficiency between the ridge estimation and the General Ridge Estimate. Eventually, this paper proves that the estimation is better than the general ridge estimate, which is based on the MSE.

Keywords: Ridge estimate, generalized ridge estimate, MSE, relative efficiency.

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Authors: James Meernik, Joseph Ignagni, Rebecca Deen

Abstract:

This paper analyzes the extent to which the justices of the U.S. Supreme Court cast votes that support the positions of the president, or more generally the Executive Branch. Can presidents count on such deference from those justices they nominate or those whom are nominated by other presidents of the same party? Or, do the justices demonstrate judicial independence and impartiality such that they are not so predisposed to vote in favor of arguments of their nominating president-s party? The results suggest that while in general the justices do not exhibit any marked tendency to partisan support of presidents, more recent and conservative Supreme Court justices are significantly more likely to support Republican presidents.

Keywords: Separation of Powers, Solicitor General, U.S. President

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Authors: Rafael Tedrus Bento

Abstract:

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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Authors: Edison Muzenda

Abstract:

Gauteng, as the province with the greatest industrial and population density, the economic hub of South Africa also generates the greatest amount of waste, both general and hazardous. Therefore the province has a significant need to develop and apply appropriate integrated waste management policies that ensure that waste is recognised as a serious problem and is managed in an effective integrated manner to preserve both the present and future human health and environment. This paper reflects on Gauteng-s waste outlook in particular the province-s General Waste Minimisation Plan and its Integrated Waste Management Policy. The paper also looks at general waste generation, recyclable waste streams as well as recycling and separation at source initiatives in the province. Both the quantity and nature of solid waste differs considerably across the socio-economic spectrum. People in informal settlements generate an average of 0.16 kg per person per day whereas 2 kg per day is not unusual in affluent areas. For example the amount of waste generated in Johannesburg is approximately 1.2 kg per person per day.

Keywords: General waste, generation, integrated, minimisation, recycling, separation

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Authors: Michael W. Markowitz

Abstract:

A central element of higher education today is the “core” or “general education” curriculum: that configuration of courses that often encompasses the essence of liberal arts education. Ensuring that such offerings reflect the mission and values of the institution is a challenge faced by most college and universities, often more than once. This paper presents an action model of program planning designed to structure the processes of developing, implementing and revising core curricula in a manner consistent with key institutional goals and objectives. Through presentation of a case study from a university in the United States, the elements of needs assessment, stakeholder investment and collaborative compromise are shown as key components of a planning strategy that can produce a general education program that is comprehensive, academically rigorous, assessable, and mission consistent. The paper concludes with recommendations for both the implementation and evaluation of such programs in practice.

Keywords: Academic assessment, academic program planning, curriculum development, general education reform.

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Authors: Sammani Danwawu Abdullahi

Abstract:

Vertex Enumeration Algorithms explore the methods and procedures of generating the vertices of general polyhedra formed by system of equations or inequalities. These problems of enumerating the extreme points (vertices) of general polyhedra are shown to be NP-Hard. This lead to exploring how to count the vertices of general polyhedra without listing them. This is also shown to be #P-Complete. Some fully polynomial randomized approximation schemes (fpras) of counting the vertices of some special classes of polyhedra associated with Down-Sets, Independent Sets, 2-Knapsack problems and 2 x n transportation problems are presented together with some discovered open problems.

Keywords: Approximation, counting with uncertainties, mathematical programming, optimization, vertex enumeration.

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Authors: Y. Pala, M. O. Ertas

Abstract:

In this paper, the general Riccati equation is analytically solved by a new transformation. By the method developed, looking at the transformed equation, whether or not an explicit solution can be obtained is readily determined. Since the present method does not require a proper solution for the general solution, it is especially suitable for equations whose proper solutions cannot be seen at first glance. Since the transformed second order linear equation obtained by the present transformation has the simplest form that it can have, it is immediately seen whether or not the original equation can be solved analytically. The present method is exemplified by several examples.

Keywords: Riccati Equation, ordinary differential equation, nonlinear differential equation, analytical solution, proper solution.

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Authors: Gábor Szűcs, Gábor Neszveda, Xin Fang

Abstract:

In this paper the General Game problem is described. In this problem the competition or cooperation dilemma occurs as the two basic types of strategies. The strategy possibilities have been analyzed for finding winning strategy in uncertain situations (no information about the number of players and their strategy types). The winning strategy is missing, but a good solution can be found by simulation by varying the ratio of the two types of strategies. This new method has been used in a real contest with human players, where the created strategies by simulation have reached very good ranks. This construction can be applied in other real social games as well.

Keywords: competition, cooperation, finding good strategy, General Game

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Authors: I. Naeem, R. Naz

Abstract:

The group invariant solution for Prandtl-s boundary layer equations for an incompressible fluid governing the flow in radial free, wall and liquid jets having finite fluid velocity at the orifice are investigated. For each jet a symmetry is associated with the conserved vector that was used to derive the conserved quantity for the jet elsewhere. This symmetry is then used to construct the group invariant solution for the third-order partial differential equation for the stream function. The general form of the group invariant solution for radial jet flows is derived. The general form of group invariant solution and the general form of the similarity solution which was obtained elsewhere are the same.

Keywords: Two-dimensional jets, radial jets, group invariant solution.

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Authors: Mohammad Shams Esfand Abadi, John Hakon Husøy

Abstract:

Employing a recently introduced unified adaptive filter theory, we show how the performance of a large number of important adaptive filter algorithms can be predicted within a general framework in nonstationary environment. This approach is based on energy conservation arguments and does not need to assume a Gaussian or white distribution for the regressors. This general performance analysis can be used to evaluate the mean square performance of the Least Mean Square (LMS) algorithm, its normalized version (NLMS), the family of Affine Projection Algorithms (APA), the Recursive Least Squares (RLS), the Data-Reusing LMS (DR-LMS), its normalized version (NDR-LMS), the Block Least Mean Squares (BLMS), the Block Normalized LMS (BNLMS), the Transform Domain Adaptive Filters (TDAF) and the Subband Adaptive Filters (SAF) in nonstationary environment. Also, we establish the general expressions for the steady-state excess mean square in this environment for all these adaptive algorithms. Finally, we demonstrate through simulations that these results are useful in predicting the adaptive filter performance.

Keywords: Adaptive filter, general framework, energy conservation, mean-square performance, nonstationary environment.

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Authors: Shu-Hui Jan, Hui-Ping Tserng, Shih-Ping Ho

Abstract:

Construction project control attempts to obtain real-time as-built schedule information and to eliminate project delays by effectively enhancing dynamic schedule control and management. Suitable platforms for enhancing an as-built schedule visually during the construction phase are necessary and important for general contractors. As the application of building information modeling (BIM) becomes more common, schedule management integrated with the BIM approach becomes essential to enhance visual construction management implementation for the general contractor during the construction phase. To enhance visualization of the updated as-built schedule for the general contractor, this study presents a novel system called the Construction BIM-assisted Schedule Management (ConBIM-SM) system for general contractors in Taiwan. The primary purpose of this study is to develop a web ConBIM-SM system for the general contractor to enhance visual as-built schedule information sharing and efficiency in tracking construction as-built schedule. Finally, the ConBIM-SM system is applied to a case study of a commerce building project in Taiwan to verify its efficacy and demonstrate its effectiveness during the construction phase. The advantages of the ConBIM-SM system lie in improved project control and management efficiency for general contractors, and in providing BIM-assisted as-built schedule tracking and management, to access the most current as-built schedule information through a web browser. The case study results show that the ConBIM-SM system is an effective visual as-built schedule management platform integrated with the BIM approach for general contractors in a construction project.

Keywords: BIM, Building information modeling, construction schedule management, as-built schedule management, BIM schedule updating mechanism.

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Authors: K. Raghuwaiya, B. Sharma, J. Vanualailai

Abstract:

This paper presents a set of artificial potential field functions that improves upon, in general, the motion planning and posture control, with theoretically guaranteed point and posture stabilities, convergence and collision avoidance properties of the general3-trailer system in a priori known environment. We basically design and inject two new concepts; ghost walls and the distance optimization technique (DOT) to strengthen point and posture stabilities, in the sense of Lyapunov, of our dynamical model. This new combination of techniques emerges as a convenient mechanism for obtaining feasible orientations at the target positions with an overall reduction in the complexity of the navigation laws. Simulations are provided to demonstrate the effectiveness of the controls laws.

Keywords: Artificial potential fields, 3-trailer systems, motion planning, posture.

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Authors: Ali Soleymani, Zulkarnain Md Ali, Md Jan Nordin

Abstract:

This paper is a review on the aspects and approaches of design an image cryptosystem. First a general introduction given for cryptography and images encryption and followed by different techniques in image encryption and related works for each technique surveyed. Finally, general security analysis methods for encrypted images are mentioned.

Keywords: Image, cryptography, encryption, security, analysis.

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Authors: Dylan M. Copeland

Abstract:

We present new finite element methods for Helmholtz and Maxwell equations on general three-dimensional polyhedral meshes, based on domain decomposition with boundary elements on the surfaces of the polyhedral volume elements. The methods use the lowest-order polynomial spaces and produce sparse, symmetric linear systems despite the use of boundary elements. Moreover, piecewise constant coefficients are admissible. The resulting approximation on the element surfaces can be extended throughout the domain via representation formulas. Numerical experiments confirm that the convergence behavior on tetrahedral meshes is comparable to that of standard finite element methods, and equally good performance is attained on more general meshes.

Keywords: Boundary elements, finite elements, Helmholtz equation, Maxwell equations.

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Authors: Young Kwon Yang, In Sung Kang, Jung Ha Hwang, Jin Chul Park

Abstract:

The present study is a foundational study for performance improvements on isolation wards to prevent proliferation of secondary infection of infectious diseases such as SARS, H1N1, and MERS inside hospitals. Accordingly, the present study conducted an analysis of the effect of sealing mechanisms and filling of openings on ensuring air tightness performance in isolation wards as well as simulation on air currents in improved isolation wards. The study method is as follows. First, previous studies on aerial infection type and mechanism were reviewed, and the review results were utilized as basic data of analysis on simulation of air current. Second, national and international legislations and regulations in relation to isolation wards as well as case studies on developed nations were investigated in order to identify the problems in isolation wards in Korea and improvement plans. Third, construction and facility plans were compared and analyzed between general and isolation wards focusing on large general hospitals in Korea, thereby conducting comparison and analysis on the performance and effects of air-tightness of general and isolation wards through CFD simulations. The study results showed that isolation wards had better air-tightness performance than that of general wards.

Keywords: AII Room, air-borne infection, CFD, computational fluid dynamics.

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Authors: Minsoo Lee, Julee Choi, Sookyung Song

Abstract:

The increasing interest on processing data created by sensor networks has evolved into approaches to implement sensor networks as databases. The aggregation operator, which calculates a value from a large group of data such as computing averages or sums, etc. is an essential function that needs to be provided when implementing such sensor network databases. This work proposes to add the DURING clause into TinySQL to calculate values during a specific long period and suggests a way to implement the aggregation service in sensor networks by applying materialized view and incremental view maintenance techniques that is used in data warehouses. In sensor networks, data values are passed from child nodes to parent nodes and an aggregation value is computed at the root node. As such root nodes need to be memory efficient and low powered, it becomes a problem to recompute aggregate values from all past and current data. Therefore, applying incremental view maintenance techniques can reduce the memory consumption and support fast computation of aggregate values.

Keywords: Aggregation, Incremental View Maintenance, Materialized view, Sensor Network.

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Authors: Jing-Gang Xie

Abstract:

As the continuation to the previous studies of gravitational frequency shift, gravitational time dilation, gravitational light bending, gravitational waves, dark matter, and dark energy are explained in the context of Newtonian mechanics. The photon is treated as the particle with mass of hν/C² under the gravitational field of much larger mass of M. Hence the quantum mechanics theory could be applied to gravitational field on cosmology scale. The obtained results are the same as those obtained by general relativity considering weak gravitational field approximation; however, the results are different when the gravitational field is substantially strong.

Keywords: Gravitational time dilation, gravitational light bending, gravitational waves, dark matter, dark energy, General Relativity, gravitational frequency shift.

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Authors: Chiung-Ju Huang, Yuan-Hong Ho

Abstract:

This study utilizes the International Monetary Fund (IMF) Fiscal Rules Dataset focusing on four specific fiscal rules such as expenditure rule, revenue rule, budget balance rule, and debt rule and five main characteristics of each fiscal rule those are monitoring, enforcement, coverage, legal basis, and escape clause to construct the Fiscal Rule Index for nine countries in the Asia-Pacific region from 1996 to 2015. After constructing the fiscal rule index for each country, we utilize the Panel Generalized Method of Moments (Panel GMM) by using the constructed fiscal rule index to examine the effectiveness of fiscal rules in reducing procyclicality. Empirical results show that national fiscal rules have a significantly negative impact on procyclicality of government expenditure. Additionally, stricter fiscal rules combined with high government effectiveness are effective in reducing procyclicality of government expenditure. Results of this study indicate that for nine Asia-Pacific countries, policymakers’ use of fiscal rules and government effectiveness to reducing procyclicality of fiscal policy are effective.

Keywords: Counter-cyclical policy, fiscal rules, government effectiveness, procyclical policy.

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