Search results for: underpinning legal theory
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1791

Search results for: underpinning legal theory

1761 Studying Mistaken Theory of Calendar Function of Iran-s Cross-Vaults

Authors: Ali Salehipour

Abstract:

After presenting the theory of calendar function of Iran-s cross-vaults especially “Niasar" cross-vault in recent years, there has been lots of doubts and uncertainty about this theory by astrologists and archaeologists. According to this theory “Niasar cross-vault and other cross-vaults of Iran has calendar function and are constructed in a way that sunrise and sunset can be seen from one of its openings in the beginning and middle of each season of year". But, mentioning historical documentaries we conclude here that the theory of calendar function of Iran-s cross-vaults does not have any strong basis and individual cross-vaults had only religious function in Iran.

Keywords: cross-vault, fire temple, Calendar function, Sassanid period

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1760 Effect of Political and Social Context in Libya on Accounting Information System to Meet Development Needs

Authors: Bubaker F. Shareia, Almuetaz R. Boubakr

Abstract:

The aim of this paper is to show how Libya’s legal, economic, political, social, and cultural systems have shaped Libyan development. This will provide a background to develop an understanding of the current role of the accounting information system in Libya and the challenges facing the design of the aeronautical information system to meet the development needs of Libya. Our knowledge of the unified economic operating systems of the world paves the way for the economic development of every developing country. In order to achieve this understanding, every developing country should be provided with a high-efficiency communications system in order to be able to interact globally. From the point of view of the theory of globalization, Libya's understanding of its socio-economic and political systems is vital in order to be able to adopt and apply accounting techniques that will assist in the economic development of Libya.

Keywords: Accounting, economic development, globalisation theory, information system.

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1759 Identifying Chaotic Architecture: Origins of Nonlinear Design Theory

Authors: Mohammadsadegh Zanganehfar

Abstract:

Through the emergence of modern architecture, an aggressive desire for new design theories appeared through the works of architects and critics. The discourse of complexity and volumetric composition happened to be an important and controversial issue in the discipline of architecture which was discussed through a general point of view in Robert Venturi and Denise Scott Brown's book “Complexity and contradiction in architecture” in 1966, this paper attempts to identify chaos theory as a scientific model of complexity and its relation to architecture design theory by conducting a qualitative analysis and multidisciplinary critical approach through architecture and basic sciences resources. Accordingly, we identify chaotic architecture as the correlation between chaos theory and the discipline of architecture, and as an independent nonlinear design theory with specific characteristics and properties.

Keywords: Architecture complexity, chaos theory, fractals, nonlinear dynamic systems, nonlinear ontology.

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1758 Through the Lens of Forced Displacement: Refugee Women's Rights as Human Rights

Authors: Pearl K. Atuhaire, Sylvia Kaye

Abstract:

While the need for equal access to civil, political as well as economic, social and cultural rights is clear under the international law, the adoption of the Convention on the Elimination of all forms of Discrimination against women in 1979 made this even clearer. Despite this positive progress, the abuse of refugee women's rights is one of the basic underlying root causes of their marginalisation and violence in their countries of asylum. This paper presents a critical review on the development of refugee women's rights at the international levels and national levels. It provides an array of scholarly literature on this issue and examines the measures taken by the international community to curb the problem of violence against women in their various provisions through the instruments set. It is cognizant of the fact that even if conflict affects both refugee women and men, the effects on women refugees are deep-reaching, due to the cultural strongholds they face. An important aspect of this paper is that it is conceptualised against the fact that refugee women face the problem of sexual and gender based first as refugees and second as women, yet, their rights are stumbled upon. Often times they have been rendered "worthless victims" who are only in need of humanitarian assistance than active participants committed to change their plight through their participation in political, economic and social participation in their societies. Scholars have taken notice of the fact that women's rights in refugee settings have been marginalized and call for a need to incorporate their perspectives in the planning and management of refugee settings in which they live. Underpinning this discussion is feminism theory which gives a clear understanding of the root cause of refugee women's problems. Finally, this paper suggests that these policies should be translated into action at local, national international and regional levels to ensure sustainable peace.

Keywords: Feminism theory, human rights, refugee women, sexual and gender based violence.

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1757 Techno-Legal Interplay of Domain Names: A Study with Reference to India

Authors: M. Tariq Banday, Farooq A. Mir

Abstract:

Internet has unfolded its potential and its users are now quite convinced that it is a cost effective, flexible, efficient and viable option to carry out different business activities disregard of any physical or geographical boundaries. These intrinsic properties of Internet have raised innumerable legal issues that are difficult to resolve within the boundaries of existing legal régime which has a different scheme of things. Internet has impacted most of the branches of law more particularly Intellectual property jurisprudence which has engendered many IP issues including interplay of trademark and domain names. There is neither any separate legislation nor any express provision in the existing Trademark Act, 1999, which is relatively recent in origin and enacted at the time when theses issued had seized the attention of the courts in other jurisdictions. A host of legal issues cropped by the intersection of trademark and domain names which have been left for the courts to decide. The courts in India have seized this opportunity and have laid down a number of principles. This paper appraises approaches adopted by Indian courts in resolving domain name disputes and compares them with theories evolved and established in other jurisdictions.

Keywords: DNS, Domain Name, Trademarks, Passing off and Judicial Approach.

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1756 PZ: A Z-based Formalism for Modeling Probabilistic Behavior

Authors: Hassan Haghighi

Abstract:

Probabilistic techniques in computer programs are becoming more and more widely used. Therefore, there is a big interest in the formal specification, verification, and development of probabilistic programs. In our work-in-progress project, we are attempting to make a constructive framework for developing probabilistic programs formally. The main contribution of this paper is to introduce an intermediate artifact of our work, a Z-based formalism called PZ, by which one can build set theoretical models of probabilistic programs. We propose to use a constructive set theory, called CZ set theory, to interpret the specifications written in PZ. Since CZ has an interpretation in Martin-L¨of-s theory of types, this idea enables us to derive probabilistic programs from correctness proofs of their PZ specifications.

Keywords: formal specification, formal program development, probabilistic programs, CZ set theory, type theory.

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1755 Developing an Audit Quality Model for an Emerging Market

Authors: Bita Mashayekhi, Azadeh Maddahi, Arash Tahriri

Abstract:

The purpose of this paper is developing a model for audit quality, with regard to the contextual and environmental attributes of the audit profession in Iran. For this purpose, using an exploratory approach, and because of the special attributes of the auditing profession in Iran in terms of the legal environment, regulatory and supervisory mechanisms, audit firms size, and etc., we used grounded theory approach as a qualitative research method. Therefore, we got the opinions of the experts in the auditing and capital market areas through unstructured interviews. As a result, the authors revealed the determinants of audit quality, and by using these determinants, developed an Integrated Audit Quality Model, including causal conditions, intervening conditions, context, as well as action strategies related to AQ and their consequences. In this research, audit quality is studied using a systemic approach. According to this approach, the quality of inputs, processes, and outputs of auditing determines the quality of auditing, therefore, the quality of all different parts of this system is considered.

Keywords: Audit quality, integrated audit quality model, audit supply, demand for audit service, grounded theory.

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1754 Value from Environmental and Cultural Perspectives or Two Sides of the Same Coin

Authors: Vilém Pařil, Dominika Tóthová

Abstract:

This paper discusses the value theory in cultural heritage and the value theory in environmental economics. Two economic views of the value theory are compared, within the field of cultural heritage maintenance and within the field of the environment. The main aims are to find common features in these two differently structured theories under the layer of differently defined terms as well as really differing features of these two approaches; to clear the confusion which stems from different terminology as in fact these terms capture the same aspects of reality; and to show possible inspiration these two perspectives can offer one another. Another aim is to present these two value systems in one value framework. First, important moments of the value theory from the economic perspective are presented, leading to the marginal revolution of (not only) the Austrian School. Then the theory of value within cultural heritage and environmental economics are explored. Finally, individual approaches are compared and their potential mutual inspiration searched for.

Keywords: Cultural heritage, environmental economics, existence value, value theory.

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1753 Reconsidering the Legitimacy of Capital Punishment in the Interpretation of the Human Right to Life in the Two Traditional Approaches

Authors: Yujie Zhang

Abstract:

There are debates around the legitimacy of capital punishment, i.e., whether death could serve as a proper execution in our legal system or not. Different arguments have been raised. However, none of them seem able to provide a determined answer to the issue; this results in a lack of instruction in the legal practice. This article, therefore, devotes itself to the effort to find such an answer. It takes the perspective of rights, through interpreting the concept of right to life, which capital punishment appears to be in confliction with in the two traditional approaches, to reveal a possibly best account of the right and its conclusion on capital punishment. However, this effort is not a normative one which focuses on what ought to be. It means the article does not try to work out which argument we should choose and solve the hot debate on whether capital punishment should be allowed or not. It, again, does not propose which perspective we should take to approach this issue or generally which account of right must be better; rather, it is more a thought experiment. It attempts to raise a new perspective to approach the issue of the legitimacy of capital punishment. Both its perspective and conclusion therefore are tentative: what if we view this issue in a way we have never tried before, for example the different accounts of right to life? In this sense, the perspective could be defied, while the conclusion could be rejected. Other perspectives and conclusions are also possible. Notwithstanding, this tentative perspective and account of the right still could not be denied from serving as a potential approach, since it does have the ability to provide us with a determined attitude toward capital punishment that is hard to achieve through existing arguments.

Keywords: Capital punishment, right to life, theories of rights, the choice theory.

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1752 Constitutional Complaint as an Instrument of Fulfilling the Worker ׳s Rights in Croatian Legal System

Authors: Dragana Bjelić, Mirela Mezak Stastny

Abstract:

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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1751 The Application of the Queuing Theory in the Traffic Flow of Intersection

Authors: Shuguo Yang, Xiaoyan Yang

Abstract:

It is practically significant to research the traffic flow of intersection because the capacity of intersection affects the efficiency of highway network directly. This paper analyzes the traffic conditions of an intersection in certain urban by the methods of queuing theory and statistical experiment, sets up a corresponding mathematical model and compares it with the actual values. The result shows that queuing theory is applied in the study of intersection traffic flow and it can provide references for the other similar designs.

Keywords: Intersection, Queuing theory, Statistical experiment, System metrics.

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1750 Learning Paradigms for Educating a New Generation of Computer Science Students

Authors: J. M. Breed, E. Taylor

Abstract:

In this paper challenges associated with a new generation of Computer Science students are examined. The mode of education in tertiary institutes has progressed slowly while the needs of students have changed rapidly in an increasingly technological world. The major learning paradigms and learning theories within these paradigms are studied to find a suitable strategy for educating modern students. These paradigms include Behaviourism, Constructivism, Humanism and Cogntivism. Social Learning theory and Elaboration theory are two theories that are further examined and a survey is done to determine how these strategies will be received by students. The results and findings are evaluated and indicate that students are fairly receptive to a method that incorporates both Social Learning theory and Elaboration theory, but that some aspects of all paradigms need to be implemented to create a balanced and effective strategy with technology as foundation.

Keywords: Computer Science, Education, Elaboration Theory, Learning Paradigms, Social Learning Theory.

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1749 Pathological Truth: The Use of Forensic Science in Kenya’s Criminal Justice System

Authors: Peter Ndichu Muriuki

Abstract:

Assassination of politicians, school mass murders, purported suicides, aircraft crash, mass shootings by police, sinking of sea ferries, mysterious car accidents, mass fire deaths and horrificterror attacks are some of the cases that bring forth scientific and legal conflicts. Questions about truth, justice and human rights are raised by both victims and perpetrators/offenders as they seek to understand why and how it happened to them. This kind of questioning manifests itself in medical-criminological-legalpsychological and scientific realms. An agreement towards truthinvestigations for possible legal-political-psychological transitory issues such as prosecution, victim-offender mediation, healing, reconciliation, amnesty, reparation, restitution, and policy formulations is seen as one way of transforming these conflicts. Forensic scientists and pathologists in particular have formed professional groups where the complexities between legal truth and scientific truth are dramatized and elucidated within the anatomy of courtrooms. This paper focuses on how pathological truth and legal truth interact with each other in Kenya’s criminal justice system. 

Keywords: Forensic pathology, forensic science, pathological truth, truth investigations.

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1748 A Decade of Creating an Alternative Banking System in Tanzania: The Current State of Affairs of Islamic Banks

Authors: Pradeep Kulshrestha, Maulana Ayoub Ali

Abstract:

The concept of financial inclusion has been tabled in the whole world where practitioners, academicians, policy makers and economists are working hard to look for the best possible opportunities in order to enable the whole society to be in the banking cycle. The Islamic banking system is considered to be one of the said opportunities. Countries like the United Kingdom, United States of America, Malaysia, Saudi Arabia, the whole of the United Arab Emirates and many African countries have accommodated the aspect of Islamic banking in the conventional banking system as one of the financial inclusion strategies. This paper tries to analyse the current state of affairs of the Islamic Banking system in Tanzania in order to understand the improvement of the provision of Islamic banking products and services in the said country. The paper discusses the historical background of the banking system in Tanzania, the level of penetration of banking products and services and the coming of the Islamic banking system in the country. Furthermore, the paper discusses banking regulatory bodies, legal instruments governing banking operations as well as number of legal challenges facing Islamic banking operations in the country. Following a critical literature review, the paper discovered that there is no legal instrument which talks about the introduction and provision of Islamic banking system in Tanzania. Furthermore, the Islamic banking system was considered as a banking product which is absolutely incorrect because Islamic banking is considered to be as a banking system of its own. In addition to that, it has been discovered that lack of a proper regulatory system and legal instruments to harmonize the conventional and Islamic banking systems has resulted in the closure of one Islamic window in the country, which in the end affects the credibility of the newly introduced banking system. In its conclusive remarks, the paper suggests that Tanzania should work on all legal challenges affecting the smooth operations of the Islamic banking system. This can be in a way of adopting various Islamic banking legal models which are used in countries like Malaysia and others, or a borrowing legal harmonization process which has been adopted by the UK, Uganda, Nigeria and Kenya.

Keywords: Islamic banking, Islamic Windows, regulations, banks.

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1747 Exploring the Nature and Meaning of Theory in the Field of Neuroeducation Studies

Authors: Ali Nouri

Abstract:

Neuroeducation is one of the most exciting research fields which is continually evolving. However, there is a need to develop its theoretical bases in connection to practice. The present paper is a starting attempt in this regard to provide a space from which to think about neuroeducational theory and invoke more investigation in this area. Accordingly, a comprehensive theory of neuroeducation could be defined as grouping or clustering of concepts and propositions that describe and explain the nature of human learning to provide valid interpretations and implications useful for educational practice in relation to philosophical aspects or values. Whereas it should be originated from the philosophical foundations of the field and explain its normative significance, it needs to be testable in terms of rigorous evidence to fundamentally advance contemporary educational policy and practice. There is thus pragmatically a need to include a course on neuroeducational theory into the curriculum of the field. In addition, there is a need to articulate and disseminate considerable discussion over the subject within professional journals and academic societies.

Keywords: Neuroeducation studies, neuroeducational theory, theory building, neuroeducation research.

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1746 European Ecological Network Natura 2000 - Opportunities and Threats

Authors: Adam Niewiadomski

Abstract:

The research objective of the project and article “European Ecological Network Natura 2000 – opportunities and threats” Natura 2000 sites constitute a form of environmental protection, several legal problems are likely to result. Most controversially, certain sites will be subject to two regimes of protection: as national parks and as Natura 2000 sites. This dualism of the legal regulation makes it difficult to perform certain legal obligations related to the regimes envisaged under each form of environmental protection. Which regime and which obligations resulting from the particular form of environmental protection have priority and should prevail? What should be done if these obligations are contradictory? Furthermore, an institutional problem consists in that no public administration authority has the power to resolve legal conflicts concerning the application of a particular regime on a given site. There are also no criteria to decide priority and superiority of one form of environmental protection over the other. Which regulations are more important, those that pertain to national parks or to Natura 2000 sites? In the light of the current regulations, it is impossible to give a decisive answer to these questions. The internal hierarchy of forms of environmental protection has not been determined, and all such forms should be treated equally.

Keywords: Natura 2000, European Ecological Network.

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1745 The Legal Procedure of Attestation of Public Servants

Authors: Armen Yezekyan

Abstract:

The main purpose of this research is to comprehensively explore and identify the problems of attestation of the public servants and to propose solutions for these issues through deeply analyzing laws and the legal theoretical literature. For the detailed analysis of the above-mentioned problems we will use some research methods, the implementation of which has a goal to ensure the objectivity and clarity of scientific research and its results.

Keywords: Attestation, attestation commission, competition commission, public servant, public service, testing.

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1744 The Philosophical Hermeneutics Contribution to Form a Highly Qualified Judiciary in Brazil

Authors: Thiago R. Pereira

Abstract:

The philosophical hermeneutics is able to change the Brazilian Judiciary because of the understanding of the characteristics of the human being. It is impossible for humans, to be invested in the function of being a judge, making absolutely neutral decisions, but the philosophical hermeneutics can assist the judge making impartial decisions, based on the federal constitution. The normative legal positivism imagined a neutral judge, a judge able to try without any preconceived ideas, without allowing his/her background to influence him/her. When a judge arbitrates based on legal rules, the problem is smaller, but when there are no clear legal rules, and the judge must try based on principles, the risk of the decision is based on what they believe in. Solipsistically, this issue gains a huge dimension. Today, the Brazilian judiciary is independent, but there must be a greater knowledge of philosophy and the philosophy of law, partially because the bigger problem is the unpredictability of decisions made by the judiciary. Actually, when a lawsuit is filed, the result of this judgment is absolutely unpredictable. It is almost a gamble. There must be the slightest legal certainty and predictability of judicial decisions, so that people, with similar cases, may not receive opposite sentences. The relativism, since classical antiquity, believes in the possibility of multiple answers. Since the Greeks in in the sixth century before Christ, through the Germans in the eighteenth century, and even today, it has been established the constitution as the great law, the Groundnorm, and thus, the relativism of life can be greatly reduced when a hermeneut uses the Constitution as North interpretational, where all interpretation must act as the hermeneutic constitutional filter. For a current philosophy of law, that inside a legal system with a Federal Constitution, there is a single correct answer to a specific case. The challenge is how to find this right answer. The only answer to this question will be that we should use the constitutional principles. But in many cases, a collision between principles will take place, and to resolve this issue, the judge or the hermeneut will choose a solipsism way, using what they personally believe to be the right one. For obvious reasons, that conduct is not safe. Thus, a theory of decision is necessary to seek justice, and the hermeneutic philosophy and the linguistic turn will be necessary for one to find the right answer. In order to help this difficult mission, it will be necessary to use philosophical hermeneutics in order to find the right answer, which is the constitutionally most appropriate response. The constitutionally appropriate response will not always be the answer that individuals agree to, but we must put aside our preferences and defend the answer that the Constitution gives us. Therefore, the hermeneutics applied to Law, in search constitutionally appropriate response, should be the safest way to avoid judicial individual decisions. The aim of this paper is to present the science of law starting from the linguistic turn, the philosophical hermeneutics, moving away from legal positivism. The methodology used in this paper is qualitative, academic and theoretical, philosophical hermeneutics with the mission to conduct research proposing a new way of thinking about the science of law. The research sought to demonstrate the difficulty of the Brazilian courts to depart from the secular influence of legal positivism. Moreover, the research sought to demonstrate the need to think science of law within a contemporary perspective, where the linguistic turn, philosophical hermeneutics, will be the surest way to conduct the science of law in the present century.

Keywords: Hermeneutic, right answer, solipsism, Brazilian Judiciary.

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1743 Modern Problems of Russian Sport Legislation

Authors: Yurlov Sergey

Abstract:

The author examines modern problems of Russian sport legislation and whether it need to be changed in order to allow all sportsmen to participate, train and have another sportsmen’s rights as Russian law mandates. The article provides an overview of Russian sport legislation problems, provides examples of foreign countries. In addition, the author suggests solutions for existing legal problems.

Keywords: Amendment, legal problem, right, sport.

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1742 Study on Robot Trajectory Planning by Robot End-Effector Using Dual Curvature Theory of the Ruled Surface

Authors: Y. S. Oh, P. Abhishesh, B. S. Ryuh

Abstract:

This paper presents the method of trajectory planning by the robot end-effector which accounts for more accurate and smooth differential geometry of the ruled surface generated by tool line fixed with end-effector based on the methods of curvature theory of ruled surface and the dual curvature theory, and focuses on the underlying relation to unite them for enhancing the efficiency for trajectory planning. Robot motion can be represented as motion properties of the ruled surface generated by trajectory of the Tool Center Point (TCP). The linear and angular properties of the six degree-of-freedom motion of end-effector are computed using the explicit formulas and functions from curvature theory and dual curvature theory. This paper explains the complete dualization of ruled surface and shows that the linear and angular motion applied using the method of dual curvature theory is more accurate and less complex.

Keywords: Dual curvature theory, robot end effector, ruled surface, TCP, tool center point.

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1741 A Computer Model of Quantum Field Theory

Authors: Hans H. Diel

Abstract:

This paper describes a computer model of Quantum Field Theory (QFT), referred to in this paper as QTModel. After specifying the initial configuration for a QFT process (e.g. scattering) the model generates the possible applicable processes in terms of Feynman diagrams, the equations for the scattering matrix, and evaluates probability amplitudes for the scattering matrix and cross sections. The computations of probability amplitudes are performed numerically. The equations generated by QTModel are provided for demonstration purposes only. They are not directly used as the base for the computations of probability amplitudes. The computer model supports two modes for the computation of the probability amplitudes: (1) computation according to standard QFT, and (2) computation according to a proposed functional interpretation of quantum theory.

Keywords: Computational Modeling, Simulation of Quantum Theory, Quantum Field Theory, Quantum Electrodynamics

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1740 CEO Duality and Firm Performance: An Integration of Institutional Perceptive with Agency Theory

Authors: A. Ujunwa, P. O. Salami, A. H. Umar

Abstract:

The recommendation of the committee on corporate governance for public companies in Nigeria, that the position of the CEO be separated from board chair has generated serious debate among scholars and practitioners. They have questioned the appropriateness of implementing corporate governance model that is based on Anglo-Saxon agency problem characterized by dispersed ownership structure; where markets for corporate control, legal regulation, and contractual incentives are the key governance mechanisms. This paper strives to resolve the argument by adopting an institutional perspective in testing the agency theory on board duality. The study developed a theoretical and empirical model to better understand how ownership structure influences agency conflict and how such affects firm performance. Hence, the study examines the relationship between CEO duality and firm performance using two institutional ownership structures – dispersed ownership and concentrated ownership structures. The empirical results show that CEO duality is negatively correlated with firm performance in Nigeria irrespective of the firm-s ownership structure. The findings give credence to the recommendation of the Peterside Commission on the need to separate the position of CEO from board chair.

Keywords: Corporate Governance, CEO-Duality, Firm Performance.

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1739 Research Analysis in Eclectic Theory (Kaboudan and Sfandiar)

Authors: Farideh Alizadeh, Mohd Nasir Hashim

Abstract:

Present research investigates eclecticism in Iranian theatre on the basis of eclectic theory. Eclectic theatre is a new theory in postmodernism. The theory appeared during 60th – 70th century in some theatres such as “Conference of the Birds”. Special theatrical forms have been developed in many geographical- cultural areas of the world and are indigenous to that area. These forms, as compared with original forms, are considered to be traditional while being comprehensive, the form is considered to be national. Kaboudan and Sfandiar theatre has been influenced by elements of traditional form of Iran.

Keywords: Eclectic theatre, theatrical forms, tradition, play.

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1738 Distinctive Features of Legal Relations in the Area of Subsoil Use, Renewal and Protection in Ukraine

Authors: N. Maksimentseva

Abstract:

The issue of public administration in subsoil use, renewal and protection is of high importance for Ukraine since it is strongly linked to energy security of the state as well as it shall facilitate the people of Ukraine to efficiently implement its propitiatory rights towards natural resources and redistribution of national wealth. As it is stipulated in the Article 11 of the Subsoil Code of Ukraine (the Code) the authorities that administer the industry are limited to central executive bodies and local governments. In particular, it is stipulated in the Code that the Ukraine’s Cabinet of Ministers carries out public administration in geological exploration, production and protection of subsoil. Other state bodies of public administration include central public authority responsible for state environmental protection policies; central public authority in charge of implementation of state geological exploration and efficient subsoil use policies; central authority in charge of state health and safety control policies. There are also public authorities in the Autonomous Republic of Crimea; local executive bodies and other state authorities and local self-government authorities in compliance with laws of Ukraine. This article is devoted to the analysis of the legal relations in the area of public administration of subsoil use, renewal and protection in Ukraine. The main approaches to study the essence of legal relations in the named area as well as its tasks, functions and methods are analyzed. It is concluded in this article that legal relationship in the field of public administration of subsoil use, renewal and protection is characterized by specifics of its task (development of natural resources).

Keywords: Legal relations, public administration, Subsoil Code of Ukraine, subsoil use, renewal and protection.

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1737 Application the Queuing Theory in the Warehouse Optimization

Authors: Jaroslav Masek, Juraj Camaj, Eva Nedeliakova

Abstract:

The aim of optimization of store management is not only designing the situation of store management itself including its equipment, technology and operation. In optimization of store management we need to consider also synchronizing of technological, transport, store and service operations throughout the whole process of logistic chain in such a way that a natural flow of material from provider to consumer will be achieved the shortest possible way, in the shortest possible time in requested quality and quantity and with minimum costs. The paper deals with the application of the queuing theory for optimization of warehouse processes. The first part refers to common information about the problematic of warehousing and using mathematical methods for logistics chains optimization. The second part refers to preparing a model of a warehouse within queuing theory. The conclusion of the paper includes two examples of using queuing theory in praxis.

Keywords: Queuing theory, logistics system, mathematical methods, warehouse optimization.

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1736 Predicting Dietary Practice Behavior among Type 2 Diabetics Using the Theory of Planned Behavior and Mixed Methods Design

Authors: D.O. Omondi, M.K. Walingo, G.M. Mbagaya, L.O.A. Othuon

Abstract:

This study applied the Theory of Planned Behavior model in predicting dietary behavior among Type 2 diabetics in a Kenyan environment. The study was conducted for three months within the diabetic clinic at Kisii Hospital in Nyanza Province in Kenya and adopted sequential mixed methods design combing both qualitative and quantitative phases. Qualitative data was analyzed using grounded theory analysis method. Structural equation modeling using maximum likelihood was used to analyze quantitative data. The results based on the common fit indices revealed that the theory of planned behavior fitted the data acceptably well among the Type 2 diabetes and within dietary behavior {χ2 = 223.3, df = 77, p = .02, χ2/df = 2.9, n=237; TLI = .93; CFI =.91; RMSEA (90CI) = .090(.039, .146)}. This implies that the Theory of Planned Behavior holds and forms a framework for promoting dietary practice among Type 2 diabetics.

Keywords: Dietary practice, Kenya, Theory of PlannedBehavior, Type 2 diabetes, Mixed Methods Design.

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1735 Flexure of Cantilever Thick Beams Using Trigonometric Shear Deformation Theory

Authors: Yuwaraj M. Ghugal, Ajay G. Dahake

Abstract:

A trigonometric shear deformation theory for flexure of thick beams, taking into account transverse shear deformation effects, is developed. The number of variables in the present theory is same as that in the first order shear deformation theory. The sinusoidal function is used in displacement field in terms of thickness coordinate to represent the shear deformation effects. The noteworthy feature of this theory is that the transverse shear stresses can be obtained directly from the use of constitutive relations with excellent accuracy, satisfying the shear stress free conditions on the top and bottom surfaces of the beam. Hence, the theory obviates the need of shear correction factor. Governing differential equations and boundary conditions are obtained by using the principle of virtual work. The thick cantilever isotropic beams are considered for the numerical studies to demonstrate the efficiency of the. Results obtained are discussed critically with those of other theories.

Keywords: Trigonometric shear deformation, thick beam, flexure, principle of virtual work, equilibrium equations, stress.

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1734 Legal Basis for Water Resources Management in Brazil: Case Study of the Rio Grande Basin

Authors: Janaína F. Guidolini, Jean P. H. B. Ometto, Angélica Giarolla, Peter M. Toledo, Carlos A. Valera

Abstract:

The water crisis, a major problem of the 21st century, occurs mainly due to poor management. The central issue that should govern the management is the integration of the various aspects that interfere with the use of water resources and their protection, supported by legal basis. A watershed is a unit of water interacting with the physical, biotic, social, economic and cultural variables. The Brazilian law recognized river basin as the territorial management unit. Based on the diagnosis of the current situation of the water resources of the Rio Grande Basin, a discussion informed in the Brazilian legal basis was made to propose measures to fight or mitigate damages and environmental degradation in the Basin. To manage water resources more efficiently, conserve water and optimize their multiple uses, the integration of acquired scientific knowledge and management is essential. Moreover, it is necessary to monitor compliance with environmental legislation.

Keywords: Conservation of soil and water, river basin, sustainability, water governance.

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1733 A New Developed Formula to Determine the Shear Buckling Stress in Welded Aluminum Plate Girders

Authors: Badr Alsulami, Ahmed S. Elamary

Abstract:

This paper summarizes and presents main results of an in-depth numerical analysis dealing with the shear buckling resistance of aluminum plate girders. The studies conducted have permitted the development of a simple design expression to determine the critical shear buckling stress in aluminum web panels. This expression takes into account the effects of reduction of strength in aluminum alloys due to welding process. Ultimate shear resistance (USR) of plate girders can be obtained theoretically using Cardiff theory or Hӧglunds theory. USR of aluminum alloy plate girders predicted theoretically using BS8118 appear inconsistent when compared with test data. Theoretical predictions based on Hӧglunds theory, are more realistic. Cardiff theory proposed to predict the USR of steel plate girders only. Welded aluminum alloy plate girders studied experimentally by others; the USR resulted from tests are reviewed. Comparison between the test results with the values obtained from Hӧglunds theory, BS8118 design method and Cardiff theory performed theoretically. Finally, a new equation based on Cardiff tension-field theory, proposed to predict theoretically the USR of aluminum plate girders.

Keywords: Shear resistance, Aluminum, Cardiff theory, Hӧglund's theory, Plate girder.

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1732 How to Improve Teaching and Learning Strategies through Educational Research: An Experience of Peer Observation in Legal Education

Authors: L. Mortari, A. Bevilacqua, R. Silva

Abstract:

The experience presented in this paper aims to understand how educational research can support the introduction and optimization of teaching innovations in legal education. In this increasingly complex context, a strong need to introduce paths aimed at acquiring not only professional knowledge and skills but also reflective, critical and problem-solving skills emerges. Through a peer observation intertwined with an analysis of discursive practices, researchers and the teacher worked together through a process of participatory and transformative accompaniment whose objective was to promote the active participation and engagement of students in learning processes, an element indispensable to work in the more specific direction of strengthening key competences. This reflective faculty development path led the teacher to activate metacognitive processes, becoming thus aware of the strengths and areas of improvement of his teaching innovation.

Keywords: Discursive analysis, faculty development, legal education, peer observation, teaching innovation.

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