Search results for: informal justice

Authors: Krisada Sungkhamanee

Abstract:

The objectives of this research are to know the management form of Samut Songkram lodging entrepreneurs with sufficient economy framework, to know the threat that affect this business and drawing the fit model for this province in order to sustain their business with Samut Songkram style. What will happen if they do not use this philosophy? Will they have a cash short fall? The data and information are collected by informal discussion with 8 managers and 400 questionnaires. We will use a mix of methods both qualitative research and quantitative research for our study. Bent Flyvbjerg’s phronesis is utilized for this analysis. Our research will prove that sufficient economy can help small and medium business firms solve their problems. We think that the results of our research will be a financial model to solve many problems of the entrepreneurs and this way will use to practice in other areas of our country. 

Keywords: Samut Songkram, Hospitality Business, Sufficient Economy Philosophy.

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Authors: Ondřej Bayer

Abstract:

The paper evaluates the ongoing reform of VAT in the Czech Republic in terms of impacts on individual households. The main objective is to analyse the impact of given changes on individual households. The adopted method is based on the data related to household consumption by individual household quintiles; obtained data are subjected to micro-simulation examining. Results are discussed in terms of vertical tax justice. Results of the analysis reveal that VAT behaves regressively and a sole consolidation of rates at a higher level only increases the regression of this tax in the Czech Republic.

Keywords: Consolidation of rates, household quintiles, tax impact, VAT.

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Authors: Krisada Sungkhamanee

Abstract:

The objectives of this research are to search the management pattern of Bang Khonthi lodging entrepreneurs for sufficient economy ways, to know the threat that affects this sector and design fit arrangement model to sustain their business with Samut Songkram style. What will happen if they do not use this approach? Will they have a financial crisis? The data and information are collected by informal discussions with 8 managers and 400 questionnaires. A mixed methods of both qualitative research and quantitative research are used. Bent Flyvbjerg-s phronesis is utilized for this analysis. Our research will prove that sufficient economy can help small business firms to solve their problems. We think that the results of our research will be a financial model to solve many problems of the entrepreneurs and this way will can be a model for other provinces of Thailand.

Keywords: Bang Khonthi, Lodging Business, Sufficient Economy.

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Authors: C. Mătusescu, C. Mares, C. Gilia

Abstract:

The Implementation of the Union law faces major challenges today. If for a long period of time, the Community and the Union have persevered in their legislative vocation, now one can notice that this large legislative quantity has complicated the task of knowledge and of application the European standards. Under these circumstances, it became necessary, in order to give effectiveness to the European legislation, the development of some operational application criteria and the generation of some new implementation tools. The correct application of the European Union legislation by the national public administrations was considered by the European Commission as being crucial for further integration and proper functioning of the internal market. Among the initiatives launched in the past years to promote the exchange of good administrative practices in the correct application of European Union legislation, SOLVIT net has proved to be one of the most effective.

Keywords: Cooperation, European law, informal mechanisms, internal market, SOLVIT.

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Authors: Hastuti Saptorini

Abstract:

The urbanization phenomenon in Yogyakarta Special Province, Indonesia, encouraged people move to the city for getting jobs in the informal sectors. They live in some temporary houses in the three main riverbanks: Gadjahwong, Code, and Winongo. Triggered by its independent status they use it as the space for accommodating domestic, social and economy activities because of the non standardized room size of their houses, where are recognized as the environmental hazards. This recognition makes the ambivalent perception when was related to the twelfth point of the philosophy of community development concept: the empowering individuals and communities. Its spatial implication have actually described the territory and the place making phenomena. By analyzing some data collected the author-s fundamental research funded by The General Directorate of Higher Education of Indonesia, this paper will discuss how do the spatial implications of the occupants- behavior and the numerous perceptions of those phenomena.

Keywords: occupants' behavior, socio-economic-cultural activities, spatial implication

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Authors: Anna Rogozińska-Pawełczyk

Abstract:

A psychological contract is an agreement between the employer and an employee that covers the parties’ informal and frequently non-verbalized obligations and expectations towards each other. The contract is a cognitive pattern-governing employee’s behaviour in the organization. A gap between employee’s expectations and the organizational reality may lead to difficult-to-solve conflicts or cause the employee to modify their behaviour towards organizational values and goals, if they are willing and ready to verbalize their expectations. The article discusses psychological contracts in the financial institutions in Poland. Its theoretical part outlines the types of psychological contracts in organizations (relational, transactional, and balanced) and shows the process of their verbalization. The purpose of the article is to present how the type of the psychological contract relates to employee’s readiness to verbalize it. The article ends with conclusions arising from the study.

Keywords: Customer contact staff in banks, employee expectations, financial institutions, mutual expectations, psychological contract, verbalization of the psychological contract.

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Authors: Noor Azryani Auzairy, Rubi Ahmad

Abstract:

To strengthen the capital market, there is a need to integrate the capital markets within the region by removing legal or informal restriction, specifically, stock market liberalization. Thus the paper is to investigate the effects of the subsequent stock market liberalization on stock market integration in 4 ASEAN countries (Malaysia, Indonesia, Thailand, Singapore) and Korea from 1997 to 2007. The correlation between stock market liberalization and stock market integration are to be examined by analyzing the stock prices and returns within the region and in comparison with the world MSCI index. Event study method is to be used with windows of ±12 months and T-7 + T. The results show that the subsequent stock market liberalization generally, gives minor positive effects to stock returns, except for one or two countries. The subsequent liberalization also integrates the markets short-run and long-run.

Keywords: ASEAN, event method, stock market integration, stock market liberalization.

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Authors: S. Rathilal

Abstract:

Numeracy, like Literacy is considered to be a core value of modern societies. Most higher education institutions in South Africa include being numerate as an important graduate attribute. It is argued that a suitability numerate society contributes to social justice, empowerment, financial and environmental sustainability and a lack of numeracy practices can contribute to disempowerment. Numeracy is commonly misconstrued as a basic and simple practice, similar in nature to basic arithmetic. This study highlights the complexities of higher education numeracy practices by analyzing a programme in a higher education institution in South Africa using the New Literacies Studies perspective.

Keywords: Higher Education, New Literacy Studies, Numeracy Practices.

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Authors: Sa’ed Abed, Mohammad H. Al Shayeji, Ovais Ahmed, Sahel Alouneh

Abstract:

Session Initiation Protocol (SIP) is a signaling layer protocol for building, adjusting and ending sessions among participants including Internet conferences, telephone calls and multimedia distribution. SIP facilitates user movement by proxying and forwarding requests to the present location of the user. In this paper, we provide a formal Specification and Description Language (SDL) and Message Sequence Chart (MSC) to model and define the Internet Engineering Task Force (IETF) SIP protocol and its sample services resulted from informal SIP specification. We create an “Abstract User Interface” using case analysis so that can be applied to identify SIP services more explicitly. The issued sample SIP features are then used as case scenarios; they are revised in MSCs format and validated to their corresponding SDL models.

Keywords: Modeling, MSC, SDL, SIP, validating.

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Authors: H.B. Nguendo Yongsi

Abstract:

An epidemiological cross sectional study was undertaken in Yaoundé in 2002 and updated in 2005. Focused on health within the city, the objectives were to measure diarrheal prevalence and to identify the risk factors associated with them. Results of microbiological examinations have revealed an urban average prevalence rate of 14.5%. Access to basic services in the living environment appears to be an important risk factor for diarrheas. Statistical and spatial analyses conducted have revealed that prevalence of diarrheal diseases vary among the two main types of settlement (informal and planned). More importantly, this study shows that, diarrhea prevalence rates (notably bacterial and parasitic diarrheas) vary according to the sub- category of settlements. The study draws a number of theoretical and policy implications for researchers and policy decision makers.

Keywords: Cameroon, diarrheal diseases, health risk factor, planned and spontaneous settlement, urban policy, urbanization.

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Authors: H. Eshraghi., L. Salehi.

Abstract:

The purpose of this study was to survey the effect of organizational communication system on the conflict in physical education offices of Isfahan province. The research methodology of this research was a descriptive study. All employees working in physical education offices of Isfahan province were included in the sample for this study (N= 236). Researcher made questionnaire and demographic questionnaire were used as investigation instruments. Based on the result of chi square test, there is significant difference between organizational communication system and interpersonal conflict. The most of participants evaluate communication in an informal way and pointed out that the communication channels were not open. Based on the result of binomial test, interpersonal conflict exists in physical education offices of Isfahan.

Keywords: Communication, Employees, Interpersonal conflict.

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Authors: J. Mansvelt, G. Suddaby, D. O'Hara

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This paper focuses on issues of engagement by staff in professional development related to the delivery of e-learning. The paper reports on findings drawn from a New Zealand research project which is producing a sector-wide framework for professional development in tertiary e-learning. The research findings indicate that staff engaged in e-learning in tertiary institutions is not making the most effective use of the professional development opportunities available to them; rather they seem to gain their knowledge and support from a variety of informal means. This is despite an emphasis on the provision of professional development opportunities by both Government Policies and Institutions themselves. The conclusion drawn from the findings is that institutional approaches to professional development for e-learning do not yet fully reflect the demands and constraints that working in a digital context impose.

Keywords: Academic development, e-learning, engagement, professional development, tertiary education.

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Authors: Jana Teplá

Abstract:

This text focuses on the visual construction of youth in press photographs in socialist Czechoslovakia. It deals with photographs in a magazine for young readers, Mladý svět, published by the Socialist Union of Youth of Czechoslovakia. The aim of this study was to develop a methodological tool for uncovering the values and the ideological messages in the strategies used in the visual construction of reality in the socialist press. Two methods of visual analysis were applied to the photographs, a quantitative content analysis and a social semiotic analysis. The social semiotic analysis focused on images representing youth in their free time. The study shows that the meaning of a socialist press photograph is a result of a struggle for ideological power between formal and informal ideologies. This struggle takes place within the process of production of the photograph and also within the process of interpretation of the photograph.

Keywords: Ideology, press photography, socialist regime, social semiotics, youth.

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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: Alessandra Battisti, Silvia Cimini

Abstract:

This article stands in the context of rural communities in Brazil, where, like many others emerging countries, the overwhelming increasing markets and the overcrowded cities are leaving behind informal settlements based on obsolete agricultural economies and techniques. The pilot project for the community of Goiabeira reflects the attempt to imagine a development model that privileges the actual improvement of living conditions, the education and training, the social inclusion and participation of the dwellers of rural communities. Through the inclusion of operative public space, the aim is for them to become self-sustaining, encouraging the use of local resources for appropriate architectural, ecological and energy technologies and devices, that are efficient, affordable and foster community participation, in the respect of the surrounding environment.

Keywords: Economical development, environment conservation, local resources, participation and social inclusion.

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Authors: Justice K. Owusu-Ansah, Kevin O'Connor

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This research explores the links between physical development and transportation infrastructure around Kumasi, Ghana. It utilizes census data as well as fieldwork and interviews carried out during July and December 2005. The results suggest that there is a weak association between transportation investments and physical development, and that recent housing has generally occurred in poorly accessible locations. Road investments have generally followed physical expansion rather than the reverse. Hence policies designed to manage the fast growth now occurring around Ghanaian cities should not focus exclusively on improving transportation infrastructure but also strengthening the underlying the traditional land management structures and the official land administrative institutions that operate within those structures.

Keywords: Housing, Kumasi, population, physical development, transportation, villages.

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Authors: Karen Armstrong

Abstract:

Recent concerns about the value of teaching cursive handwriting in the classroom are based on the belief that cursive handwriting or penmanship is an outdated and unnecessary skill in today’s online world. The discussion of this issue begins with a description of current initiatives to eliminate handwriting instruction in schools. This is followed by a brief history of cursive writing through the ages. Next considered is a description of its benefits as a preliminary process for younger children as compared with immediate instruction in keyboarding, particularly in the areas of vision, cognition, motor skills and automatic fluency. Also considered, is cursive’s companion, paper itself, and the impact of a paperless, “screen and keyboard” environment. The discussion concludes with a consideration of the unique contributions of cursive and keyboarding as written forms of communication, along with their respective surfaces, paper and screen. Finally, an assessment of the practical utility of each skill is followed by an informal assessment of what is lost and what remains as we move from a predominantly paper and pen world of handwriting to texting and keyboarding in an environment of screens.

Keywords: Asemic writing, cursive, handwriting, keyboarding, paper.

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Authors: Kari Huhtala, Iiro Jussila

Abstract:

The supervisory board is assumed to use power in the governance of a firm, but the actual use of power has been scantly investigated. The research question of the paper is “How does the supervisory board use power in the selection of the board of directors”. The data stem from 11 large Finnish agricultural cooperatives. The research approach was qualitative including semi-structured interviews of the board of directors and supervisory board chairpersons. The results were analyzed and interpreted against theories of social power. As a result, the use of power is approached from two perspectives: (1) formal position-based authority and (2) informal power. Central elements of power were the mandate of the supervisory board, the role of the supervisory board, the supervisory board chair, the nomination committee, collaboration between the supervisory board and the board of directors, the role of regions and the role of the board of directors. The study contributes to the academic discussion on corporate governance in cooperatives and on the supervisory board in the context of the two-tier model. Additional research of the model in other countries and of other types of cooperatives would further academic understanding of supervisory boards.

Keywords: Board, cooperative, supervisory board, selection, director, power.

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Authors: Rana AlHajri, Salah Al-Sharhan, Ahmed Al-Hunaiyyan

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Mobile learning is a new learning landscape that offers opportunity for collaborative, personal, informal, and students’ centered learning environment. In implementing any learning system such as a mobile learning environment, learners’ expectations should be taken into consideration. However, there is a lack of studies on this aspect, particularly in the context of Kuwait higher education (HE) institutions. This study focused on how students perceive the use of mobile devices in learning. Although m-learning is considered as an effective educational tool in developed countries, it is not yet fully utilized in Kuwait. The study reports on the results of a survey conducted on 623 HE students in Kuwait to a better understand students' perceptions and opinions about the effectiveness of using mobile learning systems. An analysis of quantitative survey data is presented. The findings indicated that Kuwait HE students are very familiar with mobile devices and its applications. The results also reveal that students have positive perceptions of m-learning, and believe that video-based social media applications enhance the teaching and learning process.

Keywords: Higher education, mobile learning, social media, students’ perceptions.

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Authors: R. G. Ariyawansa, M. A. N. R. M. Perera

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“House” is a powerful symbol of socio-economic background of individuals and families. In fact, housing provides all types of needs/wants from basic needs to self-actualization needs. This phenomenon can be realized only having analyzed hidden motives of buyers and sellers of the housing market. Hence, the aim of this study is to examine the socio-economic insight of the secondary housing market in Colombo suburbs. This broader aim was achieved via analyzing the general pattern of the secondary housing market, identifying socio-economic motives of sellers of the secondary housing market, and reviewing sellers’ experience of buyer behavior. A purposive sample of 50 sellers from popular residential areas in Colombo such as Maharagama, Kottawa, Piliyandala, Punnipitiya, and Nugegoda was used to collect primary data instead of relevant secondary data from published and unpublished reports. The sample was limited to selling price ranging from Rs15 million to Rs25 million, which apparently falls into middle and upper-middle income houses in the context. Participatory observation and semi-structured interviews were adopted as key data collection tools. Data were descriptively analyzed. This study found that the market is mainly handled by informal agents who are unqualified and unorganized. People such as taxi/tree-wheel drivers, boutique venders, security personals etc. are engaged in housing brokerage as a part time career. Few fulltime and formally organized agents were found but they were also not professionally qualified. As far as housing quality is concerned, it was observed that 90% of houses was poorly maintained and illegally modified. They are situated in poorly maintained neighborhoods as well. Among the observed houses, 2% was moderately maintained and 8% was well maintained and modified. Major socio-economic motives of sellers were “migrating foreign countries for education and employment” (80% and 10% respectively), “family problems” (4%), and “social status” (3%). Other motives were “health” and “environmental/neighborhood problems” (3%). This study further noted that the secondary middle income housing market in the area directly related with the migrants who motivated for education in foreign countries, mainly Australia, UK and USA. As per the literature, families motivated for education tend to migrate Colombo suburbs from remote areas of the country. They are seeking temporary accommodation in lower middle income housing. However, the secondary middle income housing market relates with the migration from Colombo to major global cities. Therefore, final transaction price of this market may depend on migration related dates such as university deadlines, visa and other agreements. Hence, it creates a buyers’ market lowering the selling price. Also it was revealed that the buyers tend to trust more on this market as far as the quality of construction of houses is concerned than brand new houses which are built for selling purpose.

Keywords: Informal housing market, hidden motives of buyers and sellers, secondary housing market, socio-economic insight.

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Authors: Jordan Georgiev Deliversky

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Human trafficking and smuggling of migrants are criminal activities, which are on the rise over recent years. The number of legal migrants arrived in Europe from outside the European Union are far less than those who want to come and settle in Europe. The objective of this paper is to present the impact on economic and social life of significant measures influencing the smuggling of migrants. The analysis is focused on various complex factors which have multiple origins and are highly influential as regard to the process of migration and the smuggling of migrants. The smuggling of migrants is a criminal activity, directly related to migration. The main results show that often the routes chosen for smuggling of migrants are circuitous, as smugglers carefully avoid strictly controlled roads, checkpoints, and countries or jurisdictions where there is efficiency of justice, with particular emphasis on the law on trafficking of persons and smuggling of migrants.

Keywords: Corruption, migration, security, smuggling.

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Authors: Erten Gokce

Abstract:

This study was carried out in Ankara, the capital city of Turkey, in order to determine how people living in the slums of Ankara benefit from educational equality. Within the scope of the research, interviews were made with 64 families whose children have been getting education from the primary schools of these parts and the data of the study was collected by the researcher. The results of the research demonstrate that the children getting education in the slums of Ankara can not experience educational equality and justice. The results of this study show that the opportunities of the schools in the slums of Ankara are very limited, so the individuals in these districts can not equally benefit from the education. The families are aware of the problem they are faced with. KeywordsDiscrimination, inequality, primary education, slums of Turkey.

Keywords: Discrimination, inequality, primary education, slums of Turkey.

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Authors: Mella Ismelina Farma Rahayu

Abstract:

Environmental problems could not be separated from unethical human perspectives and behaviors toward the environment. There is a fundamental error in the philosophy of people’s perspective about human and nature and their relationship with the environment, which in turn will create an inappropriate behavior in relation to the environment. The aim of this study is to investigate and to understand the ethics of the environment in the context of humans interacting with the environment by using the hermeneutic approach. The related theories and concepts collected from literature review are used as data, which were analyzed by using interpretation, critical evaluation, internal coherence, comparisons, and heuristic techniques. As a result of this study, there will be a picture related to the interaction of human and environment in the perspective of environmental ethics, as well as the problems of the value of ecological justice in the interaction of humans and environment. We suggest that the interaction between humans and environment need to be based on environmental ethics, in a spirit of mutual respect between humans and the natural world.

Keywords: The environment, environmental ethics, the interaction, value.

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Authors: Kristina Maiksteniene

Abstract:

Various formal and informal brand alliances are being formed in professional service firms. Professional service corporate brand is heavily dependent on brands of professional employees who comprise them, and professional employee brands are in turn dependent on the corporate brand. Prior work provides limited scientific evidence of brand alliance effects in professional service area – i.e., how professional service corporate-employee brand allies are affected by an alliance, what are brand attitude effects after alliance formation and how these effects vary with different strengths of an ally. Scientific literature analysis and theoretical modeling are the main methods of the current study. As a result, a theoretical model is constructed for estimating spillover effects of professional service corporate-employee brand alliances and for comparison among different professional service firm expertise practice models – from “brains" to “procedure" model. The resulting theoretical model lays basis for future experimental studies.

Keywords: Brand alliances, professional services, corporatebrand, employee brand.

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Authors: Haitham A. Haloush

Abstract:

Debtors' imprisonment in Jordan is a problematic issue since it impinges upon required financial guarantees that are presumably offered by debtors on the one hand, and infringes flagrantly the International Covenant on Civil and Political Rights on the other hand. Jordan lacks regulatory provisions in this respect and debtors' imprisonment is indirectly exercised in Jordan without giving a special legal attention to this concern. From this perspective, this research reviews the available regulations, standard laws and codes of conduct that might guide the implementation of the International Covenant on Civil and Political Rights in the Jordanian context. Furthermore, this article will examine the suitability of the Jordanian legal system in providing sufficient protection for debtors. The author argues that there are serious obstacles in this aspect.

Keywords: The Jordanian Civil Code, the Jordanian Execution Law, imprisonment for debt, good faith, the Jordanian Constitution, the International Covenant on Civil and Political Rights.

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Authors: Kai-Ying A. Chan, Leon A.G. Oerlemans, Marthinus W. Pretorius

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Science parks are often established to drive regional economic growth, especially in countries with emerging economies. However, mixed findings regarding the performances of science park firms are found in the literature. This study tries to explain these mixed findings by taking a relational approach and exploring (un)intended knowledge transfers between new technology-based firms (NTBFs) in the emerging South African economy. Moreover, the innovation outcomes of these NTBFs are examined by using a multi-dimensional construct. Results show that science park location plays a significant role in explaining innovative sales, but is insignificant when a different indicator of innovation outcomes is used. Furthermore, only for innovations that are new to the firms, both science park location and intended knowledge transfer via informal business relationships have a positive impact; whereas social relationships have a negative impact.

Keywords: knowledge flows, innovative performances, science parks, new technology-based firms

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Authors: N. W. Paul, M. Banerjee

Abstract:

Discussing the nexus between global health policy and local practices, this article addresses the recent Ebola outbreak as a role model for narrative co-constructions of epidemic risk. We will demonstrate in how far a theory-driven and methodologically rooted analysis of narrativity can help to improve mechanisms of prevention and intervention whenever epidemic risk needs to be addressed locally in order to contribute to global health. Analyzing the narrative transformation of Ebola, we will also address issues of transcultural problem-solving and of normative questions at stake. In this regard, we seek to contribute to a better understanding of a key question of global health and justice as well as to the underlying ethical questions. By highlighting and analyzing the functions of narratives, this paper provides a translational approach to refine our practices by which we address epidemic risk, be it on the national, the transnational or the global scale.

Keywords: Ebola, Epidemic Risk, Medical Ethics, Medical Humanities.

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Authors: Kawtar Benghazi Akhlaki, Manuel I. Capel-Tuñón

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UML is a collection of notations for capturing a software system specification. These notations have a specific syntax defined by the Object Management Group (OMG), but many of their constructs only present informal semantics. They are primarily graphical, with textual annotation. The inadequacies of standard UML as a vehicle for complete specification and implementation of real-time embedded systems has led to a variety of competing and complementary proposals. The Real-time UML profile (UML-RT), developed and standardized by OMG, defines a unified framework to express the time, scheduling and performance aspects of a system. We present in this paper a framework approach aimed at deriving a complete specification of a real-time system. Therefore, we combine two methods, a semiformal one, UML-RT, which allows the visual modeling of a realtime system and a formal one, CSP+T, which is a design language including the specification of real-time requirements. As to show the applicability of the approach, a correct design of a real-time system with hard real time constraints by applying a set of mapping rules is obtained.

Keywords: CSP+T, formal software specification, process algebras, real-time systems, unified modeling language.

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Authors: Amna Javed, Katsuhiro Umemoto, Youji Kohda

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The purpose of this paper is to examine co-creation of non-economic values in Islamic banking services and their significance for service science by comparing Islamic and conventional banking services. Although many scholars have discussed co-creation of values in services, most of them have focused on only economic values.

Following Sharia (Islamic principles that are based on Qur’an and Sunnah) traditions, Islamic banking is more concerned with such non-economic values as well-being, partnership, fairness, trust, and justice, than such economic values as money in terms of interest.  Therefore, it may be more sustainable and suitable for today’s unpredictable socio-economic environments.

We also argue that Islamic banking is essentially a value co-creation business model that fits better with the so-called Service-Dominant Logic (SDL) than conventional banking. This paper explores a new frontier of value co-creation in services, thereby contributing to further development of service science.

Keywords: Value co-creation, Islamic banking, Non-economic values, Service science.

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Authors: Puteri Nemie Jahn Kassim, Khadijah Mohd Najid

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Medical negligence disputes in Malaysia are mainly resolved through litigation by using the tort system. The tort system, being adversarial in nature has subjected parties to litigation hazards such as delay, excessive costs and uncertainty of outcome. The dissatisfaction of the tort system in compensating medically injured victims has created various alternatives to litigation. Amongst them is the implementation of a no-fault compensation system which would allow compensation to be given without the need of proving fault on the medical personnel. Instead, the community now bears the burden of compensating and at the end, promotes collective responsibility. For Malaysia, introducing a no-fault system would provide a tempting solution and may ultimately, achieve justice for the medical injured victims. Nevertheless, such drastic change requires a great deal of consideration to determine the suitability of the system and whether or not it will eventually cater for the needs of the Malaysian population

Keywords: Medical Disputes, Litigation, Malaysia, No-Fault Compensation.

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