Search results for: underpinning legal theory

Authors: Mohammed Saleem Tariq

Abstract:

The enthusiasm for gluten avoidance in a growing market is met by improvements in sensitive detection methods for analysing gluten content. Paradoxically, manufacturers employ no such systems in the production process but continue to market their product as gluten free, a significant risk posed to an undetermined coeliac population. This paper resonates with an immunological response that causes gastrointestinal scarring and villous atrophy with the conventional description of personal injury. This thesis divulges into evaluating potential inadequacies of gluten labelling laws which not only present a diagnostic challenge for general practitioners in the UK but it also exposes a less than adequate form of available legal protection to those who suffer adverse reactions as a result of gluten digestion. Central to this discussion is whether a claim brought in misrepresentation, negligence and/or under the Consumer Protection Act 1987 could be sustained. An interesting comparison is then made with the legal regimes of neighboring jurisdictions furthering the theme of a legally un-catered for gluten kingdom.

Keywords: Coeliac, litigation, misrepresentation, negligence.

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Authors: Aldalalah, M. Osamah, Soon Fook Fong

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The purpose of this study was to investigate the effects of computer–based instructional designs, namely modality and redundancy principles on the attitude and learning of music theory among primary pupils of different Music Intelligence levels. The lesson of music theory was developed in three different modes, audio and image (AI), text with image (TI) and audio with image and text (AIT). The independent variables were the three modes of courseware. The moderator variable was music intelligence. The dependent variables were the post test score. ANOVA was used to determine the significant differences of the pretest scores among the three groups. Analyses of covariance (ANCOVA) and Post hoc were carried out to examine the main effects as well as the interaction effects of the independent variables on the dependent variables. High music intelligence pupils performed significantly better than low music intelligence pupils in all the three treatment modes. The AI mode was found to help pupils with low music intelligence significantly more than the TI and AIT modes.

Keywords: Modality, Redundancy, Music theory, Cognitivetheory of multimedia learning, Cognitive load theory, Musicintelligence.

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Authors: Nino M. Pizarro

Abstract:

To the author’s knowledge, despite the written documents about Marist spirituality/charism, nothing has been done concerning a clear theoretical framework that highlights Marist spirituality/charism from the perspective or lived experience of the lay Marists of St. Marcellin Champagnat. The participants of the study are the lay Marist - educators who are from Marist Schools in the Philippines. Since the study would like to find out the respondents’ own concepts and meanings about Marist spirituality/charism, qualitative methodology is considered the approach to be used in the study. In particular, the study will use the qualitative methods of Barney Glaser. The theory will be generated systematically from data collection, coding and analyzing through memoing, theoretical sampling, sorting and writing and using the constant comparative method. The data collection method that will be employed in this grounded theory research is the in-depth interview that is semi-structured and participant driven. Data collection will be done through snowball sampling that is purposive. The study is considering to come up with a theoretical framework that will help the lay Marists to deepen their understanding of the Marist spirituality/charism and their vocation as lay partners of the Marist Brothers of the Schools.

Keywords: Grounded Theory, Lay Marists, Lived Experience, Marist Spirituality/Charism.

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Authors: Kejun Zhuang

Abstract:

In this paper, a three dimensional autonomous chaotic system is considered. The existence of Hopf bifurcation is investigated by choosing the appropriate bifurcation parameter. Furthermore, formulas for determining the direction of the Hopf bifurcation and the stability of bifurcating periodic solutions are derived with the help of normal form theory. Finally, a numerical example is given.

Keywords: Chaotic system, Hopf bifurcation, normal form theory.

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Authors: Hong Dongchen, Chen Qiuxiao, Wu Shuang

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Systematic Science reveals the complex nonlinear mechanisms of behavior in urban system. However, when confronted with such system, most city planners in China are still utilizing simple linear thinking to learn and understand this open complex giant system. In this paper, the hypercycle theory was introduced, which is one of the basis theories of systematic science. Based on the analysis of the reasons for the failure of current urban planning in China, and in consideration of the nonlinear characteristics of the urban system as well, optimization ideas for urban planning formulation were presented such as the shift from blueprint planning to progressive planning and from the rigid urban planning management control to its dynamically monitor and in time feedback.

Keywords: Systematic science, hypercycle theory, urban planning.

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Authors: Hans H. Diel

Abstract:

In this paper a functional interpretation of quantum theory (QT) with emphasis on quantum field theory (QFT) is proposed. Besides the usual statements on relations between a functions initial state and final state, a functional interpretation also contains a description of the dynamic evolution of the function. That is, it describes how things function. The proposed functional interpretation of QT/QFT has been developed in the context of the author-s work towards a computer model of QT with the goal of supporting the largest possible scope of QT concepts. In the course of this work, the author encountered a number of problems inherent in the translation of quantum physics into a computer program. He came to the conclusion that the goal of supporting the major QT concepts can only be satisfied, if the present model of QT is supplemented by a "functional interpretation" of QT/QFT. The paper describes a proposal for that

Keywords: Computability, Foundation of Quantum Mechanics, Measurement Problem, Models of Physics.

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Authors: Ariyanti Mustapha

Abstract:

The development of Islamic jurisprudence since the first century of the hijra has fascinated many orientalists to explore the historiography of Islamic legislation. The practice of usul fiqh began during the lifetime of the Prophet Muhammad and was continued by the companions as the legal reasoning due to the absence of the legal injunction in the Qur’an and Sunnah. The orientalists propagated that the Roman and Jewish legislation were transplanted into Islamic jurisprudence and it was the primary reason for its progression. We used qualitative and comparative methods to analyze the orientalists’ views. Results showed that many erroneous facts were propagated by Goldziher and Schacht by claiming the parallels between the principles, methodologies, and fundamental concepts in Islamic jurisprudence and Roman Provincial law. The orientalists claimed that Islamic jurisprudence was derived from the corpus of Jewish Mishnah and Ha-kol. These judgments are used by the orientalists to prove the inferiority of Islamic jurisprudence. Nevertheless, many evidences have proven that Islamic legislation is capable of developing independently without any foreign transplant.

Keywords: Foreign transplant, ijtihad, orientalist, usul fiqh.

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Authors: Om Parkash, C.P.Gandhi

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Probabilistic measures of uncertainty have been obtained as functions of time and birth and death rates in a queuing process. The variation of different entropy measures has been studied in steady and non-steady processes of queuing theory.

Keywords: Uncertainty, steady state, non-steady state, trafficintensity, monotonocity

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Authors: Samar M. Alqhtani, Suhuai Luo, Brian Regan

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Data fusion technology can be the best way to extract useful information from multiple sources of data. It has been widely applied in various applications. This paper presents a data fusion approach in multimedia data for event detection in twitter by using Dempster-Shafer evidence theory. The methodology applies a mining algorithm to detect the event. There are two types of data in the fusion. The first is features extracted from text by using the bag-ofwords method which is calculated using the term frequency-inverse document frequency (TF-IDF). The second is the visual features extracted by applying scale-invariant feature transform (SIFT). The Dempster - Shafer theory of evidence is applied in order to fuse the information from these two sources. Our experiments have indicated that comparing to the approaches using individual data source, the proposed data fusion approach can increase the prediction accuracy for event detection. The experimental result showed that the proposed method achieved a high accuracy of 0.97, comparing with 0.93 with texts only, and 0.86 with images only.

Keywords: Data fusion, Dempster-Shafer theory, data mining, event detection.

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Authors: Hapriza Ashari, Nik Ahmad Kamal Nik Mahmod

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

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

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Authors: Kalindi Kokal

Abstract:

India recognizes the personal laws of the various religious communities that reside in the country. At the same time all the institutions of the state in India are committed to the value of secularism. This paper has been developed on the basis of a case study that indicates the dynamics of religion in the working of the lower judiciary in India. Majority of the commentary on religion and the judiciary has focused on debates surrounding the existence and application of personal laws. This paper, through a case study in the lower judiciary, makes an attempt to examine whether the interface between religion and the judiciary goes beyond personal laws. The first part of this paper explains the history and application of personal laws in social, political and legal contexts in India. The second part examines the case study located in two courts of first instance, following into the third part which provides an analysis of the empirical evidence. The fourth part focuses on preliminary observations about why there is a hesitancy to speak about religion in relation to the working of the judicial system.

Keywords: Lower Courts, India, Legal Pluralism, Personal Law.

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Authors: F. Raouf, M. Taghizadeh

Abstract:

It is shown that a modified UNIFAC model can be applied to predict solubility of hydrocarbon gases and vapors in hydrocarbon solvents. Very good agreement with experimental data has been achieved. In this work we try to find best way for predicting dimethyl ether solubility in liquid paraffin by using group contribution theory.

Keywords: UNIFAC, Henry's law, Group contribution theory, Solubility.

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Authors: Janet L. Kourik, Peter E. Maher

Abstract:

To investigate the correspondence of theory and practice, a successfully implemented Knowledge Management System (KMS) is explored through the lens of Alavi and Leidner-s proposed KMS framework for the analysis of an information system in knowledge management (Framework-AISKM). The applied KMS system was designed to manage curricular knowledge in a distributed university environment. The motivation for the KMS is discussed along with the types of knowledge necessary in an academic setting. Elements of the KMS involved in all phases of capturing and disseminating knowledge are described. As the KMS matures the resulting data stores form the precursor to and the potential for knowledge mining. The findings from this exploratory study indicate substantial correspondence between the successful KMS and the theory-based framework providing provisional confirmation for the framework while suggesting factors that contributed to the system-s success. Avenues for future work are described.

Keywords: Applied KMS, education, knowledge management (KM), KM framework, knowledge management system (KMS).

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Authors: Peter Ndichu Muriuki

Abstract:

The 9/11 suicide attacks in New York, Washington, D.C., and Pennsylvania, triggered a number of security responses both in the United States of America and other Countries in the World. Kenya, which is an ally and a close partner to North America and Europe, was not left behind. While many states had been parties to numerous terrorism conventions, their response in implementing them had been slow and needed this catalyst. This special case offered a window of opportunity for many “security conscious" regimes in cementing their legal-criminological and political security apparatus. At the international level, the 9/11 case led to the hasty adoption of Security Council resolution 1373 in 2001, which called upon states to adopt wide-ranging and comprehensive steps and strategies to combat international terrorism and to become parties to the relevant international conventions and protocols relating to terrorism. Since then, Kenya has responded with speed in devising social-legal-criminological-political actions.

Keywords: Justice, Policing, Security, Terrorism

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Authors: Rand Alfaris, Mohamed Rushdan MD Said, Mohamed Othman, Fudziah Ismail

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This paper is introduced a modification to Diffie- Hellman protocol to be applicable on the decimal numbers, which they are the numbers between zero and one. For this purpose we extend the theory of the congruence. The new congruence is over the set of the real numbers and it is called the “real congruence" or the “real modulus". We will refer to the existing congruence by the “integer congruence" or the “integer modulus". This extension will define new terms and redefine the existing terms. As the properties and the theorems of the integer modulus are extended as well. Modified Diffie-Hellman key exchange protocol is produced a sharing, secure and decimal secret key for the the cryptosystems that depend on decimal numbers.

Keywords: Extended theory of the congruence, modified Diffie- Hellman protocol.

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Authors: Andreas Theissler, Ian Dear

Abstract:

The one-class support vector machine “support vector data description” (SVDD) is an ideal approach for anomaly or outlier detection. However, for the applicability of SVDD in real-world applications, the ease of use is crucial. The results of SVDD are massively determined by the choice of the regularisation parameter C and the kernel parameter  of the widely used RBF kernel. While for two-class SVMs the parameters can be tuned using cross-validation based on the confusion matrix, for a one-class SVM this is not possible, because only true positives and false negatives can occur during training. This paper proposes an approach to find the optimal set of parameters for SVDD solely based on a training set from one class and without any user parameterisation. Results on artificial and real data sets are presented, underpinning the usefulness of the approach.

Keywords: Support vector data description, anomaly detection, one-class classification, parameter tuning.

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Authors: A.Campanile, M. Mandarino, V. Piscopo, A. Pranzitelli

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In the traditional theory of non-uniform torsion the axial displacement field is expressed as the product of the unit twist angle and the warping function. The first one, variable along the beam axis, is obtained by a global congruence condition; the second one, instead, defined over the cross-section, is determined by solving a Neumann problem associated to the Laplace equation, as well as for the uniform torsion problem. So, as in the classical theory the warping function doesn-t punctually satisfy the first indefinite equilibrium equation, the principal aim of this work is to develop a new theory for non-uniform torsion of beams with axial symmetric cross-section, fully restrained on both ends and loaded by a constant torque, that permits to punctually satisfy the previous equation, by means of a trigonometric expansion of the axial displacement and unit twist angle functions. Furthermore, as the classical theory is generally applied with good results to the global and local analysis of ship structures, two beams having the first one an open profile, the second one a closed section, have been analyzed, in order to compare the two theories.

Keywords: Non-uniform torsion, Axial symmetric cross-section, Fourier series, Helmholtz equation, FE method.

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Authors: Hrudaya Ku. Tripathy, B. K. Tripathy, Pradip K. Das

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Knowledge Discovery in Databases (KDD) has evolved into an important and active area of research because of theoretical challenges and practical applications associated with the problem of discovering (or extracting) interesting and previously unknown knowledge from very large real-world databases. Rough Set Theory (RST) is a mathematical formalism for representing uncertainty that can be considered an extension of the classical set theory. It has been used in many different research areas, including those related to inductive machine learning and reduction of knowledge in knowledge-based systems. One important concept related to RST is that of a rough relation. In this paper we presented the current status of research on applying rough set theory to KDD, which will be helpful for handle the characteristics of real-world databases. The main aim is to show how rough set and rough set analysis can be effectively used to extract knowledge from large databases.

Keywords: Data mining, Data tables, Knowledge discovery in database (KDD), Rough sets.

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Authors: R.K.Tuli

Abstract:

The objective of the present communication is to develop new genuine exponentiated mean codeword lengths and to study deeply the problem of correspondence between well known measures of entropy and mean codeword lengths. With the help of some standard measures of entropy, we have illustrated such a correspondence. In literature, we usually come across many inequalities which are frequently used in information theory. Keeping this idea in mind, we have developed such inequalities via coding theory approach.

Keywords: Codeword, Code alphabet, Uniquely decipherablecode, Mean codeword length, Uncertainty, Noiseless channel

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Authors: Arvind Bhardwaj, Ajay Gupta, Arun Kanda

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Theory of Constraints has been emerging as an important tool for optimization of manufacturing/service systems. Goldratt in his first book “ The Goal " gave the introduction on Theory of Constraints and its applications in a factory scenario. A large number of production managers around the globe read this book but only a few could implement it in their plants because the book did not explain the steps to implement TOC in the factory. To overcome these limitations, Goldratt wrote this book to explain TOC, DBR and the method to implement it. In this paper, an attempt has been made to summarize the salient features of TOC and DBR listed in the book and the correct approach to implement TOC in a factory setting. The simulator available along with the book was actually used by the authors and the claim of Goldratt regarding the use of DBR and Buffer management to ease the work of production managers was tested and was found to be correct.

Keywords: Drum Buffer Rope (DBR), Optimized ProductionTechnology (OPT), Capacity Constrained Resource (CCR)

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Authors: Alisha Fisher

Abstract:

Exploring and engaging in intimate, sexual, and romantic relationships carries the opportunity of personal growth, pleasure, connection, and enhancement of well-being. As more and more North Americans begin to consider and engage in romantic and sexual orientations outside of monogamy, the question of their motivations arises. We utilize McClelland's human motivation theory to investigate the intersections of motivational attributes for North Americans engaging in consensual non-monogamous (CNM) relationships. The need for achievement, power, and affiliation all influence and interact with each other within CNM relationships. The interplay of these motivations is vital for CNM relational structures to operate and effectively navigate conflict. Further studies should explore these motivational components within the individuals who practice CNM and examining the differences in various CNM relational structures.

Keywords: Consensual non-monogamy, motivations for non-monogamy, McClelland Motivation theory, CNM.

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Authors: Sanghun Lee

Abstract:

Since the advent of the information era, the Internet has brought various positive effects in everyday life. Nevertheless, recently, problems and side-effects have been noted. Internet witch-trials and spread of pornography are only a few of these problems.In this study, problems and causes of malicious replies on internet boards were analyzed, using the key ideas of game theory. The study provides a mathematical model for the internet reply game to devise three possible plans that could efficiently counteract malicious replies. Furthermore, seven specific measures that comply with one of the three plans were proposed and evaluated according to the importance and utility of each measure using the orthogonal array survey and SPSS conjoint analysis.The conclusion was that the most effective measure would be forbidding unsigned user access to malicious replies. Also notable was that some analytically proposed measures, when implemented, could backfire and encourage malicious replies.

Keywords: Conjoint Analysis, Game Theory, Internet, MaliciousReplies, Prisoner's Dilemma

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Authors: Naeem Ullah Khan, Kalsoom Khan

Abstract:

No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.

Keywords: Globalization, Pakistan, RTD, third-generation right.

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Authors: F. Raja, M. Rahgozar, F. Oroumchian

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XML is a markup language which is becoming the standard format for information representation and data exchange. A major purpose of XML is the explicit representation of the logical structure of a document. Much research has been performed to exploit logical structure of documents in information retrieval in order to precisely extract user information need from large collections of XML documents. In this paper, we describe an XML information retrieval weighting scheme that tries to find the most relevant elements in XML documents in response to a user query. We present this weighting model for information retrieval systems that utilize plausible inferences to infer the relevance of elements in XML documents. We also add to this model the Dempster-Shafer theory of evidence to express the uncertainty in plausible inferences and Dempster-Shafer rule of combination to combine evidences derived from different inferences.

Keywords: Dempster-Shafer theory, plausible inferences, XMLinformation retrieval.

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Authors: Maria E. Eggink

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It is the aim of this paper to place the role of innovation in economic development in its theoretical context through a literature review. The review compares classical economic theory and the neoclassical theories of “equilibrium in the markets” and “perfectly competitive markets” with the Schumpeterian theory. It was found that Schumpeter’s role in contributing towards economic development theories, and by creating awareness of the role of innovation in these theories is of immeasurable importance. His contribution led to a change in economic thinking, although this was only realized much later than when his theories were first published. The neo-Schumpeterian thinking expanded on the Schumpeterian theory by studying innovation within a system of interaction among different role players. Studies on innovation should be founded in the neo-Schumpeterian school of thought in order to accommodate the complexity of the innovation system concept.

Keywords: Economic development, evolutionary economics, innovation, Schumpeter.

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Authors: Reza Kazemi , Iman Mousavinejad

Abstract:

Steer-By-Wire ( SBW ) has several advantages of packaging flexibility , advanced vehicle control system ,and superior performance . SBW has no mechanical linkage between the steering gear and the steering column. It is possible to control the steering wheel and the front-wheel steering independently. SBW system is composed of two motors controlled by ECU. One motor in the steering wheel is to improve the driver's steering feel and the other motor in the steering linkage is to improve the vehicle maneuverability and stability. This paper shows a new approach at modeling of SBW system by Bond Graph theory. The mechanical parts , the steering wheel motor and the front wheel motor will be modeled by this theory. The work in the paper will help to guide further researches on control algorithm of the SBW system .

Keywords: Steer-By-Wire ( SBW ), Bond Graph theory, Electronic-Control-Unit ( ECU ) , Modeling

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Authors: Naiqin Feng, Fang Wang, Yuhui Qiu

Abstract:

A new approach to promote the generalization ability of neural networks is presented. It is based on the point of view of fuzzy theory. This approach is implemented through shrinking or magnifying the input vector, thereby reducing the difference between training set and testing set. It is called “shrinking-magnifying approach" (SMA). At the same time, a new algorithm; α-algorithm is presented to find out the appropriate shrinking-magnifying-factor (SMF) α and obtain better generalization ability of neural networks. Quite a few simulation experiments serve to study the effect of SMA and α-algorithm. The experiment results are discussed in detail, and the function principle of SMA is analyzed in theory. The results of experiments and analyses show that the new approach is not only simpler and easier, but also is very effective to many neural networks and many classification problems. In our experiments, the proportions promoting the generalization ability of neural networks have even reached 90%.

Keywords: Fuzzy theory, generalization, misclassification rate, neural network.

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Authors: Ana Lambelho

Abstract:

In an economic crisis such as the one that shook (and still shake) Europe, one does not question the importance of the measures that encourage the hiring and integration of young people into the labour market. In the mentioned context, enterprises tend to reduce the cost of labour and to seek flexible contracting instruments. The professional internships allow innovation and creativity at low cost, because, as they are not labour contracts, the enterprises do not have to respect the minimum standards related to wages, working time duration and so on. In Portugal, we observe a widespread existence of training contracts in which the trainee worked several hours without salary or was paid below the legally prescribed for the function and the work period. For this reason, under the tripartite agreement for a new system of regulation of labour relations, employment policies and social protection, between the Government and the social partners, in June 2008, foresaw a prohibition of professional internships unpaid and the legal regulation of the mandatory internships for access to an activity. The first Act about private internship contracts, i.e., internships without public funding was embodied in the Decree-Law N. 66/2011, of 1^st June. This work is dedicated to the study of the legal regime of the internship contract in Portugal, by analysing the problems brought by the new set of rules and especially those which remains unresolved. In fact, we can conclude that the number of situations covered by the Act is much lower than what was expected, because of the exclusion of the mandatory internship for access to a profession when the activity is developed autonomously. Since the majority of the activities can be developed both autonomously or subordinated, it is quite easy to out of the Act requirements and, so, out of the protection that it confers to the intern. In order to complete this study, we considered not only the mentioned legal Act, but also the few doctrine and jurisprudence about the theme.

Keywords: Intern, internship contact, labour law, Portugal.

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Authors: Miloš Šeda, Pavel Ošmera, Jindřich Petrucha

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In the queueing theory, it is assumed that customer arrivals correspond to a Poisson process and service time has the exponential distribution. Using these assumptions, the behaviour of the queueing system can be described by means of Markov chains and it is possible to derive the characteristics of the system. In the paper, these theoretical approaches are presented on several types of systems and it is also shown how to compute the characteristics in a situation when these assumptions are not satisfied

Keywords: Queueing theory, Poisson process, Markov chains.

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Authors: Afaq Ahmad

Abstract:

Using state space technique and GF(2) theory, a simulation model for external exclusive NOR type LFSR structures is developed. Through this tool a systematic procedure is devised for computing pseudo-random binary sequences from such structures.

Keywords: LFSR, external exclusive NOR type, recursivebinary sequence, initial state - next state, state transition matrix.

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