Journal articles on the topic 'Appeals on merit'
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1
Willey, Stephen. "The merits of merit-based planning appeals: observations from Australia." International Planning Studies 9, no. 4 (November 2004): 261–81. http://dx.doi.org/10.1080/13563470500050551.
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Redmond, Cavan. "Other Areas That Merit Review: Forms, Denials, and Appeals." Journal of Cancer Program Management 3, no. 2 (April 1988): 30–31. http://dx.doi.org/10.1080/08986053.1988.11904931.
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Porter, Nigel. "Invalidity of The Indictment Post R. V. Newland." Cambridge Law Journal 53, no. 1 (March 1994): 63–70. http://dx.doi.org/10.1017/s0008197300096884.
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It is uncontroversial to state that the Court of Appeal (Criminal Division) has never been sympathetic to unmeritorious appeals. Numerous cases may be cited where the appellant, having made out a valid ground of appeal based purely upon a technical defect in the trial, is met with the rejoinder that the appeal is wholly without merit and that the conviction will be upheld by the application of the proviso to section 2(1) of the Criminal Appeal Act 1968. Serious defects in the trial including the failure of the trial judge to give a direction on the standard of proof, wrongful admission of the defendant&s previous bad character, and even conviction for an offence which technically did not exist, have all been amenable to the application of the proviso on the ground that, despite the defect, no injustice has been done.
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Post, J. B. "The Evidential Value of Approvers' Appeals: The Case of William Rose, 1389." Law and History Review 3, no. 1 (1985): 91–100. http://dx.doi.org/10.2307/743698.
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The criminals of medieval England are coming under increasing scrutiny. Predictably, the earliest attempts to illustrate criminality in this period have been anecdotal in approach. Predictably, too, the case studies are concentrated at higher levels in society, where criminals or their victims were sufficiently prominent to merit the attention of chroniclers or to leave heavy traces in the more accessible records of central government. Such studies have been useful in reinforcing the impression that organized crime enjoyed distinguished support and participation. For some time Sir John Molyns was able to shelter his persistent offences behind his political connection. Merchants robbed in Cannock Chase in 1341 found prosecution difficult; their assailants were knights from powerful midland families, conducting the robbery from Lapley priory. The Folville gang, led by members of minor landowning families, included various beneficed clergy and the constable of Rockingham castle. The Coterels recruited the sheriff of Nottingham and enjoyed the support of Lichfield chapter. The crimes were also at an exalted level: murdering a baron of the Exchequer, kidnapping a king's bench justice, extortion by threats from a mayor of Nottingham, or from one of the Luttrells. Even William Wawe, an Anglo-Irish thug of indifferent social standing, owes his immortality to the breadth of his operations and his preference for churchmen as victims.
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Narechania, Tejas. "Certiorari, Universality, and a Patent Puzzle." Michigan Law Review, no. 116.8 (2018): 1345. http://dx.doi.org/10.36644/mlr.116.8.certiorari.
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The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case? The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather than consider whether two courts of appeals have decided the same issue differently, the Court looks to whether two fields of law conflict over the application of the same transsubstantive doctrine. Such “field splits” are unusual candidates for Supreme Court attention. After all, the Court’s interest in circuit splits is motivated by a desire for geographic uniformity in federal law. But field splits, unlike circuit splits, do not give rise to forum shopping concerns, do not undermine the predictability of the law, nor otherwise implicate the legal values that counsel in favor of uniformity. Instead, the Supreme Court’s attention to field splits may suggest that legal universality—consistency across substantive fields of law—is an important (but unstated) priority in certiorari decisionmaking. The exercise of this universality interest through certiorari decisions in patent cases has several consequences for the Supreme Court’s agenda. The Court must better explain why field splits merit review, and we must better understand how to distinguish those field splits that implicate the Court’s universality- related concerns from those that do not.
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Callcott, W. Hardy. "Consolidated Gold Fields Plc v. Minorco, S.A." American Journal of International Law 83, no. 4 (October 1989): 923–29. http://dx.doi.org/10.2307/2203383.
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Minorco, S.A., a Luxembourg mining company allegedly controlled by South African interests, commenced a tender offer for Consolidated Gold Fields, PLC (Gold Fields), a British mining company. Gold Fields, together with its partially owned American subsidiary, Newmont Mining Corp. (Newmont), filed suit in U.S. federal district court to enjoin the tender offer. The district court held that Newmont, the affected American subsidiary, had standing to raise an antitrust claim and issued a preliminary injunction restraining the tender offer. The district court dismissed a claim based on alleged violation of U.S. securities laws for lack of subject matter jurisdiction and held that Gold Fields, as the target company, did not itself have standing to raise an antitrust claim. On appeal, the Court of Appeals for the Second Circuit (per Newman, J.) reversed in part and affirmed in part, holding that: (1) Newmont had standing under the U.S. antitrust laws to object to the tender offer; (2) Gold Fields also had antitrust standing (by 2-1); and (3) the U.S. courts did have subject matter jurisdiction over Gold Fields’s U.S. securities law claims. Accordingly, the court of appeals upheld the injunction and returned the case to the lower court for further proceedings. On remand, the district court found that inasmuch as Gold Fields had not demonstrated a likelihood that its U.S. securities law claims would be successful on the merits, those claims did not merit an injunction. The court also ruled that Minorco had failed to demonstrate that its plan to hold separate and sell the assets of Gold Fields posing the possible antitrust problem would provide adequate protection, and so kept the injunction against the tender offer in place. As a result, even though a majority of the Gold Fields shareholders had tendered their shares to Minorco and both British and European Communities regulatory authorities had approved the transaction, Minorco was forced to abandon its tender offer.
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Horgan, Terry, and Mark Timmons. "UNTYING A KNOT FROM THE INSIDE OUT: REFLECTIONS ON THE “PARADOX” OF SUPEREROGATION." Social Philosophy and Policy 27, no. 2 (June 16, 2010): 29–63. http://dx.doi.org/10.1017/s026505250999015x.
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AbstractIn his 1958 seminal paper “Saints and Heroes”, J. O. Urmson argued that the then dominant tripartite deontic scheme of classifying actions as being exclusively either obligatory, or optional in the sense of being morally indifferent, or wrong, ought to be expanded to include the category of the supererogatory. Colloquially, this category includes actions that are “beyond the call of duty” (beyond what is obligatory) and hence actions that one has no duty or obligation to perform. But it is a controversial category. Some have argued that the concept of supererogation is paradoxical because on one hand, supererogatory actions are (by definition) supposed to be morally good, indeed morally best, actions. But then if they are morally best, why aren't they morally required, contrary to the assumption that they are morally optional? In short: how can an action that is morally best to perform fail to be what one is morally required to do? The source of this alleged paradox has been dubbed the ‘good-ought tie-up’. In our article, we address this alleged paradox by first making a phenomenological case for the reality of instances of genuine supererogatory actions, and then, by reflecting on the relevant phenomenology, explaining why there is no genuine paradox. Our explanation appeals to the idea that moral reasons can play what we call a merit conferring role. The basic idea is that moral reasons that favor supererogatory actions function to confer merit on the actions they favor—they play a merit conferring role—and can do without also requiring the actions in question. Hence, supererogatory actions can be both good and morally meritorious to perform yet still be morally optional. Recognition of a merit conferring role unties the good-ought tie up, and (as we further argue) there are good reasons, independent of helping to resolve the alleged paradox, for recognizing this sort of role that moral reasons may play.
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Lutsenko, E. M. "Vera Milchina. How the cat looked at kings, and other senile reminiscences." Voprosy literatury, no. 6 (December 27, 2022): 292–97. http://dx.doi.org/10.31425/0042-8795-2022-6-292-297.
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The review discusses the latest book by the Russian translator of French literature V. Milchina, who chooses the form of a memoir. The author calls her memoirs memuarazmy. This curious portmanteau (a blend of memuary [memoirs] and marazm [senility]) highlights the book’s biggest merit — Milchina’s flair for distancing herself from events of the past and writing a vibrant and engaging account that appeals to everybody. Her reminiscences cover a broad range of topics, from stories about favourite books, childhood memories, and journeys to literary meccas in Russia and France to life-changing encounters that shaped the author’s professional interests and specifc translation projects. Each of the reminiscences bears the mark of its respective historic period as the author creates a generous narrative about publishing and philology in the Soviet and post-Soviet eras.
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Greenberg, Dan, Miriam I. Siebzehner, and Joseph S. Pliskin. "The process of updating the National List of Health Services in Israel: Is it legitimate? Is it fair?" International Journal of Technology Assessment in Health Care 25, no. 03 (July 2009): 255–61. http://dx.doi.org/10.1017/s026646230999016x.
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Objective:The Israeli National Health Insurance Law stipulates a National List of Health Services (NLHS) to which all residents are entitled from their HMOs. This list has been updated annually for almost a decade using a structured review and decision-making process. Although this process has been described in detail in previous papers, none of these have fully addressed legitimacy and fairness. We examine the legitimacy and fairness of the process of updating the NLHS in Israel.Methods:We assessed the priority-setting process for compliance with the four conditions of accountability for reasonableness outlined by Daniels and Sabin (relevance, publicity, appeals, and enforcement). These conditions emphasize transparency and stakeholder engagement in democratic deliberation.Results:Our analysis suggests that the Israeli process for updating the NLHS does not fulfill the appeals and enforcement conditions, and only partially follows the publicity and relevance conditions, outlined in the accountability for reasonableness framework. The main obstacles for achieving these goals may relate to the large number of technologies assessed each year within a short time frame, the lack of personnel engaged in health technology assessment, and the desire for early adoption of new technologies.Conclusions:The process of updating the NLHS in Israel is unique and not without merit. Changes in the priority-setting process should be made to increase its acceptability among the different stakeholders.
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Koehl, Robert L. "Perpetual Finality." Texas A&M Law Review 2, no. 1 (September 2014): 107–34. http://dx.doi.org/10.37419/lr.v2.i1.4.
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Immigrants who have been ordered removed may challenge their final removal order by filing a motion for the court to reopen their case. Motions to reopen removal cases are common within the immigration system, but offer little chance for an alien to actually receive relief. These motions are typically subject to strict time and numerical limitations. And the legal bases for reopening an immigrant’s case render the alien’s chances unlikely. Current statute and case law provide seven grounds for an immigrant to reopen a case. These grounds stem from United States Code, the Code of Federal Regulations, and the Board of Immigration Appeals’ precedential case law. Some of these grounds require such a perfect storm of unlikely circumstances that reopening becomes de facto impossible for an alien to attain. Some grounds are confusing, with requirements that are difficult for aliens, their attorneys, or even judges to understand. The remaining grounds have bright-line rules but are couched in ambiguous language. This leads attorneys to pursue reopening in cases that do not merit reopening, but seem to merit reopening because of the ambiguity. This Comment outlines the current legal bases for an alien seeking to reopen a removal case. It will explore the problems and shortcomings inherent to these bases. And it will recommend reforms to the current structure which will render the immigration post-conclusion structure fairer to the alien, clearer for the private attorneys, and more efficient for the government.
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Greenberg, Dan, and Yael Assor. "OP230 How Legitimate Is The Process Of Updating the Benefits Package In Israel? A 20 Year Overview." International Journal of Technology Assessment in Health Care 36, S1 (December 2020): 3–4. http://dx.doi.org/10.1017/s0266462320000963.
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IntroductionThe National Health Insurance Law enacted in 1995 stipulates a minimum list of health services (benefits package) that the four health plans in Israel have to provide to their members. The recommendations on which new technologies or new indications for existing ones should be added every year to the benefits package, subject to a predetermined budget, are made by a public committee that evaluates and prioritizes candidate technologies according to their clinical merit, economic (mainly budget impact), social, ethical and other aspects. We assessed the legitimacy of this coverage decision process over the past 20 years.MethodsThe legitimacy of the process was assessed by adherence to the conditions outlined in the accountability for reasonableness (A4R) framework. A4R defines four conditions for legitimate and fair healthcare coverage decision processes: relevance, publicity, appeals/reversibility, and enforcement. We reviewed the changes made in the coverage decision process over the past 20 years and examined whether these changes have changed its legitimacy.ResultsOur analysis suggests that despite several changes made over the years in the process for updating the benefits package, for example, increase in transparency, introducing a structured appeal process, it only partially fulfills the four A4R conditions. In order to accomplish these goals more fully, several widely used considerations such as cost-effectiveness analysis and incorporating views from patients should be included. Additionally, this decision-making process should become even more transparent than it currently is.ConclusionsThe annual process of updating the benefits package in Israel where hundreds of technologies are “competing” with each other for coverage under a pre-defined budget is unique and not without merit. This process has been operating in the same pattern with only minor changes made since 1999. The main barriers for fulfilling all A4R conditions may relate in part to the large number of technologies assessed each year within a short time frame. Several changes in the process including the assessment of societal values, involvement of diverse stakeholders including patient advocate groups should be made to improve its legitimacy.
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HARRIS, JOHN. "Stem Cells, Sex, and Procreation." Cambridge Quarterly of Healthcare Ethics 12, no. 4 (August 7, 2003): 353–71. http://dx.doi.org/10.1017/s096318010312405x.
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Sex is not the answer to everything, though young men think it is, but it may be the answer to the intractable debate over the ethics of human embryonic stem cell research. In this paper, I advance one ethical principle that, as yet, has not received the attention its platitudinous character would seem to merit. If found acceptable, this principle would permit the beneficial use of any embryonic or fetal tissue that would, by default, be lost or destroyed. More important, I make two appeals to consistency, or to parity of reasoning, that I believe show that no one who either has used or intends to use sexual reproduction as their means of procreation, nor indeed anyone who has unprotected heterosexual intercourse, nor anyone who finds in vitro fertilization (IVF) acceptable, nor anyone who believes that abortion is ever permissible can consistently object on principle to human embryo research nor to the use of embryonic stem cells for research or therapy.
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Wilson, Michael S. "Ut Pictura Tragoedia: An Extrinsic Approach to British Neoclassic and Romantic Theatre." Theatre Research International 12, no. 3 (1987): 201–20. http://dx.doi.org/10.1017/s0307883300013687.
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It is a commonplace among historians that British theatre during the late eighteenth and early nineteenth centuries is best characterized on the one hand by its taste for scenic spectacle, and on the other by what Allardyce Nicoll termed ‘a general dramatic debility’. For the first time in British theatrical history, spectacle for its own sake became the principal attraction for most of the audience. Not spoken language, whether poetry or prose, but the sentient lure of elaborate scenery, pantomime, music, and mechanical effects swelled the receipts of the major and minor houses alike. The ascendancy of visual spectacle over dialogue drama of autonomous literary merit is customarily regarded as a debasement of theatre as an art form, attributed with varying degrees of emphasis to the legal shackles of the patent system and the Lord Chamberlain's censorship; to the cavernous expansion of the major houses; and to commercially expedient appeals by the managers to less cultivated tastes in the burgeoning, heterogeneous audience. This durable theory of theatrical prostration is a reductive judgement, the result of critical bias and a limited methodology that have been mind-forged manacles for historical research in theatre since its inception in the 1930s.
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NUGENT, PAUL. "CYCLICAL HISTORY IN THE GAMBIA/CASAMANCE BORDERLANDS: REFUGE, SETTLEMENT AND ISLAM FROM c. 1880 TO THE PRESENT." Journal of African History 48, no. 2 (July 2007): 221–43. http://dx.doi.org/10.1017/s0021853707002769.
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ABSTRACTThis article begins with a quotation from a local informant highlighting a perception in the Gambia/Casamance borderlands that there is a pattern linking the violence of the later nineteenth century with more recent troubles. It argues that there is some merit in this thesis, which is encapsulated in a concatenation of events: systematic raiding by Fodé Sylla led to the creation of a relatively depopulated colonial border zone which was later filled by Jola immigrants from Buluf to the southeast. In the perception of some, it is these immigrants who attracted the MFDC rebels. Mandinkas and Jolas of Fogny Jabankunda and Narang, and Karoninkas from the islands of Karone have therefore been largely unreceptive to appeals to Casamance nationalism. The article also argues that there are more twisted historical connections. Whereas in the later nineteenth century, the Jolas associated Islam with violent enslavement, they later converted en masse. Their attitude towards Fodé Sylla remained negative, whilst the Mauritanian marabout, Cheikh Mahfoudz, was credited with the introduction of a pacific form of Islam that valorized hard work and legitimated physical migration. This legacy has posed a further barrier to militant nationalism. Islam and violence remain linked, but the signs have been reversed.
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Artacho, Emilio. "Reader-appeal should not outweigh merit of research." Nature 439, no. 7076 (February 2006): 534. http://dx.doi.org/10.1038/439534d.
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Reshef, Yonatan, and Charles Keim. "Topics a Union President Visited to Mobilize Members." Articles 73, no. 2 (June 18, 2018): 274–94. http://dx.doi.org/10.7202/1048571ar.
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We analyze four calls to action issued by the British Columbia Teachers’ Federation (BCTF) president, Jim Iker. These appeals sought to mobilize members during the 2013-2014 collective bargaining that pitted the BCTF against the British Columbia government and the direct employer, the British Columbia Public School Employers’ Association. We apply a “theory of rhetoric” developed by Chaim Perelman to locate and analyze the topics the BCTF president used to persuade his members to adhere to his arguments about the merit of collective action.We argue that the president constructed his rhetoric by visiting five topics—urgency, fairness, futility, agency, and integrity. The first three promoted a utilitarian logic for collective action. Iker used them to persuade teachers, and other stakeholders, that collective action was necessary for addressing the problem—the futility of the bargaining process to produce a negotiated fair agreement due to the government’s reluctance to bargain in good faith. The last two topics—agency and integrity—comprised a rhetoric of comfort and reassurance offering an affective logic for acting collectively. At least some union members, as well as other stakeholders, might have felt that teachers are expected to care for their charges in the classroom rather than on the picket line, by withdrawing services they monopolize. Iker used the topics of agency and integrity to remind everyone that defending students, young teachers, the teaching profession, and the education system was commendable, and reassured them that collectively they would not be ignored and nor would they fail.In short, we have pointed out five topics that the president visited to mobilize his members to collective action. They highlight a unique rhetoric that aimed to persuade teachers to become agents of protest. Our case study methodology did not allow us to generalize our findings, which more research is, thus, needed to corroborate.
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Platt, Rowan. "The Appeal of Appeal Mechanisms in International Arbitration: Fairness over Finality?" Journal of International Arbitration 30, Issue 5 (October 1, 2013): 531–60. http://dx.doi.org/10.54648/joia2013034.
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One of the main reasons why parties choose arbitration is the principle of finality, that international arbitral awards cannot be appealed on the merits. While the vast majority of national arbitration legislation and the rules of major arbitral institutions provide for the finality of arbitral awards, there are some exceptions to the rule. This article seeks to review the various appeal mechanisms that exist in international arbitration and to assess, both theoretically and practically, their impact on the principle of finality. It begins by examining the right of appeal to the courts on a question of law under section 69 of the English Arbitration Act 1996. It then explores the emerging trend amongst some international arbitration service providers to amend their rules to provide internal appeal mechanisms in their arbitral procedure, reflecting the perceived need by some users for an alternative to the strict finality provided for in the rules of major institutions. Outside the realm of international commercial arbitration, the International Centre for the Settlement of Investment Disputes (ICSID) annulment regime and the Appeals Division of the Court of Arbitration for Sport (CAS) both provide internal review structures but with contrasting approaches to the finality of awards. It appears that the attraction of any appeal mechanism lies in the way it balances the competing notions of fairness and finality. Ultimately, the author argues that, consistent with party autonomy, appeal mechanisms should not be considered controversial as long as the parties agree on the procedure of any such appeal. Where parties agree to prioritize correctness or fairness over finality, this does not necessarily detract from the principle of finality, but rather conforms with the spirit of arbitration.
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Asimow, Michael, and Jeffrey S. Lubbers. "The Merits of “Merits” Review: A Comparative Look at the Australian Administrative Appeals Tribunal." Windsor Yearbook of Access to Justice 28, no. 2 (October 1, 2010): 261. http://dx.doi.org/10.22329/wyaj.v28i2.4499.
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This article compares several systems of administrative adjudication. In the U.S., adjudication is typically performed by the same agency that makes and enforces the rules. However, in Australia, almost all administrative adjudication is performed by the Administrative Appeals Tribunal [AAT], a non-specialized adjudicating agency, and several other specialized tribunals that are independent of the enforcing agency. These tribunals (which evolved out of concerns about separation of powers) have achieved great legitimacy. In the U.K., recent legislation [the Tribunals, Courts and Enforcement Act] merged numerous specialized tribunals into a single first-tier tribunal with much stronger guarantees of independence than previously existed. An upper tribunal hears appeals from the first tier and largely supplants judicial review. The article concludes by asking whether the U.S. could learn anything from the Australian and U.K. experience and suggests that a single tribunal to adjudicate federal benefits cases might be a significant improvement over the existing model.Cet article compare un certain nombre de systèmes de règlement judiciaire de différends dans le domaine administratif. Aux Etats-Unis, typiquement, le règlement de différends est effectué par la même agence qui établit les règles et qui les met en application. Toutefois, en Australie, presque tous ces règlements sont effectués par le Administrative Appeals Tribunal [AAT], une agence non-spécialisée de règlement de différends, ainsi qu‟un certain nombre d‟autres tribunaux spécialisés qui sont indépendants de l‟agence qui met les règles en application. Ces tribunaux (qui émanent de préoccupations au sujet de la séparation des pouvoirs) ont atteint un niveau élevé de légitimité. Au Royaume-Uni, une loi récente [la Tribunals, Courts and Enforcement Act] a fusionné plusieurs tribunaux spécialisés en un seul tribunal de première instance ayant des garanties d‟indépendance bien plus fortes qu‟auparavant. Un tribunal supérieur juge les appels des décisions du tribunal de première instance et supplante largement la révision judiciaire. L‟article se termine en posant la question à savoir si les Etats-Unis pourraient apprendre quelque chose de l‟expérience australienne et britannique et suggère qu‟un seul tribunal pour juger les cas de bénéfices fédéraux pourrait constituer une amélioration importante par rapport au modèle existant.
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Altars, Margaret. "The Nature of Merits Review: A Bold Vision Realised in the Administrative Appeals Tribunal." Federal Law Review 41, no. 2 (June 2013): 197–226. http://dx.doi.org/10.22145/flr.41.2.1.
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This article examines the nature of merits review, focusing upon the Administrative Appeals Tribunal. Some forms of merits review are less than full merits review and some are hybrid merits review. It is contended that a proper appreciation of merits review may expose misperceptions concealed in some claims that judicial review resembles merits review.
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Andrews, James A. "Cleon's hidden appeals (Thucydides 3.37–40)." Classical Quarterly 50, no. 1 (May 2000): 45–62. http://dx.doi.org/10.1093/cq/50.1.45.
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πƤΟƩ ΗΔΟΝΗΝ ΛΕƮΕΙΝAt 2.65 Thucydides says of Pericles that he did not speak to please (πρòς ήδoνν λέγειν): he had no need of such means for acquiring influence, since he already enjoyed it because of his recognized merits. But his successors were on the same plane as one another, each one striving to establish himself as the man first in influence with the demos. And in this drive for ascendancy, they began to allow the people's pleasures to shape the advice they gave (༐τράπoντo καθ’ ήςoνàς τŵ δήμω καì τà πράγματα ༐νδιδóναι).
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Andrews, N. H. "A NEW SYSTEM OF CIVIL APPEALS AND A NEW SET OF PROBLEMS." Cambridge Law Journal 59, no. 3 (November 16, 2000): 421–71. http://dx.doi.org/10.1017/s0008197300350206.
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THE decision itself in Tanfern Ltd. v. Cameron-MacDonald [2000] 1 W.L.R. 1311 (C.A.) hardly merits attention (held: the court lacked jurisdiction to hear the instant appeal). But Brooke L.J.’s judgment, endorsed by his colleagues, contains an analysis of the new system of civil appeals which took effect on 2 May 2000. He rightly describes these as “the most significant changes in the arrangements for appeals in civil proceedings in this country for over 125 years”.
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Yang, Vicky Chuqiao, Mirta Galesic, Harvey McGuinness, and Ani Harutyunyan. "Dynamical system model predicts when social learners impair collective performance." Proceedings of the National Academy of Sciences 118, no. 35 (August 26, 2021): e2106292118. http://dx.doi.org/10.1073/pnas.2106292118.
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A key question concerning collective decisions is whether a social system can settle on the best available option when some members learn from others instead of evaluating the options on their own. This question is challenging to study, and previous research has reached mixed conclusions, because collective decision outcomes depend on the insufficiently understood complex system of cognitive strategies, task properties, and social influence processes. This study integrates these complex interactions together in one general yet partially analytically tractable mathematical framework using a dynamical system model. In particular, it investigates how the interplay of the proportion of social learners, the relative merit of options, and the type of conformity response affect collective decision outcomes in a binary choice. The model predicts that, when the proportion of social learners exceeds a critical threshold, a bistable state appears in which the majority can end up favoring either the higher- or lower-merit option, depending on fluctuations and initial conditions. Below this threshold, the high-merit option is chosen by the majority. The critical threshold is determined by the conformity response function and the relative merits of the two options. The study helps reconcile disagreements about the effect of social learners on collective performance and proposes a mathematical framework that can be readily adapted to extensions investigating a wider variety of dynamics.
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Djikic, Maja, Keith Oatley, and Matthew Carland. "Genre or artistic merit?" Scientific Study of Literature 2, no. 1 (August 13, 2012): 25–36. http://dx.doi.org/10.1075/ssol.2.1.02dji.
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We tested whether the genre of a literary text (essay as compared with short story) or its artistic merit would be primarily responsible for the variability in the self-perceived personality traits that individuals experience when they read. One hundred participants were randomly assigned to read either one of eight essays or one of eight short stories, matched for length, reading difficulty, and interest. The Big-Five personality traits were measured before and after reading. Genre did not affect variability in personality. Rather, participants who judged the text they read to be more artistic reported a greater variability in their personality trait profile after reading, independently of whether the text was an essay or a short story. Artistic merit appears to be associated with literature’s transformative effects through the instability in the self-perceived experience of the reader’s personality.
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Chekushin, Vikentiy V. "The Soviet Pushkin: Pushkin's Substratum of Aleksey N. Tolstoy's Self-Mythmaking of the 1930s." Vestnik Tomskogo gosudarstvennogo universiteta, no. 466 (2021): 40–46. http://dx.doi.org/10.17223/15617793/466/4.
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The aim of this article is to review Aleksey N. Tolstoy's self-projections on the figure of Pushkin, seen as the most important classic author in the USSR during the 1930s. The material for the study was the writer's journalism and program speeches - it was in them that he most actively appealed to the Pushkin myth. Such appeals allowed Tolstoy to assert his special status in the Soviet literary hierarchy. In his articles and public speeches, the writer actually declared himself the heir of Pushkin, since both, each in his own era, created a “new literary language” based on historical documents. The category of language was important since the discussion about it became one of the key ones in determining the main aesthetic features of the emerging socialist realism. Pushkin, relying on folk speech, created a new “living” literary language opposing the “academic” elegant phrase of nobility (works by Turgenev, in Tolstoy's opinion, later became the peak of this style). Tolstoy, in turn, also saw his own merit in the discovery of a “new” language - the language of Soviet literature in his case. According to Tolstoy, both Pushkin and himself, relied on historical documents that reflected “authentic common people's” language in the process of creation. When writing, e.g., The Captain's Daughter, Pushkin used documents about Pugachev's Rebellion; while Tolstoy, creating Peter the Great, employed torture protocols of Peter's era, the so-called “Slovo i Delo”. As a result, the succession scheme was built in the following way: “common people's language” with almost a thousand years of history - Pushkin (the creator of a “new” literary language based on common people's language) - Tolstoy (the author who modernized these traditions and created a normative Soviet literary language based on them). These rhetorical techniques allowed the Comrade Count to increase his status in the Soviet literary hierarchy. On the one hand, he used the symbolic potential inherent in the Pushkin myth (the culmination of the poet's canonization was the commemoration of 1937); on the other hand, the figure of Pushkin, in relation to whom the word “great” was used, was constantly projected on Stalin. In the end, even despite a biography which was dubious from the point of view of the authorities, by the mid-1930s, Tolstoy, indeed, received the status of the main Soviet author. This situation was evidenced, for example, by a cartoon where the writer alone was depicted on the upper deck of the “steamship of Soviet literature”. Besides, at the funeral of Gorky, Tolstoy, along with Stalin, carried the coffin of the “proletarian writer”, as if occupying the “empty” place after the death of his predecessor. The important role in obtaining this status was played by Tolstoy's regular and consistent efforts to create his own writer's reputation based on the figure of Pushkin.
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King, Matt. "Moral Responsibility and Merit." Journal of Ethics and Social Philosophy 6, no. 2 (June 5, 2017): 1–18. http://dx.doi.org/10.26556/jesp.v6i2.64.
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In the contemporary moral responsibility debate, most theorists seem to be giving accounts of responsibility in the "desert-entailing sense." Despite this agreement, little has been said about the notion of desert that is supposedly entailed. In this paper I propose an understanding of desert sufficient to help explain why the blameworthy and praiseworthy deserve blame and praise, respectively. I do so by drawing upon what might seem an unusual resource. I appeal to so-called Fitting-Attitude accounts of value to help inform a conception of desert or merit, one that can be usefully applied to discussions of moral responsibility. I argue that the view, which I call, Desert as Fittingness (or DAF), merits additional attention. I do so by making two claims: First, that it does better than extant Fitting Attitude accounts of blameworthiness and praiseworthiness; second, that it has an initial plausibility with respect to informing a general account of desert. While these reasons are insufficient to show the view is true, they do make the case for taking the view seriously.
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Edgar, Andrew. "Decision-makers, Expert Witnesses and Advocates: The Roles of Planners in Merits Appeals." Urban Policy and Research 29, no. 3 (June 7, 2011): 293–307. http://dx.doi.org/10.1080/08111146.2011.579237.
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Andaya, Barbara Watson. "Localising the Universal: Women, Motherhood and the Appeal of Early Theravāda Buddhism." Journal of Southeast Asian Studies 33, no. 1 (February 2002): 1–30. http://dx.doi.org/10.1017/s0022463402000012.
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This essay suggests that one reason for the success of Theravāda Buddhism in early Southeast Asia was its appeal to women. The maternal metaphor, a prominent theme in Buddhist texts, was both familiar and relevant to the lives of all females, regardless of their social standing. Translated into a local environment, the interaction between motherhood and merit-making provided new opportunities for lay women to display their piety and strengthened their links with the monkhood.
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Sassòli, Marco, and Laura M. Olson. "The judgment of the ICTY Appeals Chamber on the merits in the Tadic case." Revue Internationale de la Croix-Rouge/International Review of the Red Cross 82, no. 839 (September 2000): 733. http://dx.doi.org/10.1017/s1560775500184718.
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Altars, Margaret. "The Nature of Merits Review: A Bold Vision Realised in the Administrative Appeals Tribunal." Federal Law Review 41, no. 2 (June 2013): 197–226. http://dx.doi.org/10.1177/0067205x1304100201.
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Morgan, James. "Securing the Administrative Appeals Tribunal’s independence: Tenure and mechanisms of appointment." Alternative Law Journal 43, no. 4 (November 15, 2018): 302–8. http://dx.doi.org/10.1177/1037969x18790046.
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The Administrative Appeals Tribunal must be independent from inappropriate influence, and the perception of such influence, in order to effectively perform its duties of de novo merits review of government decisions. Drawing on recent controversies surrounding the Administrative Appeals Tribunal in 2017, this article concludes that the current mechanisms of Administrative Appeals Tribunal member reappointment exposes the Administrative Appeals Tribunal to a risk of inappropriate influence by the government of the day or at least a risk of public perception to that effect. After examining several possible reforms to minimise this risk, this paper proposes the creation of an independent reappointment committee for the Administrative Appeals Tribunal.
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Seaver, George A. "Merit, Academic Freedom, Scholarship and Culture." Journal of Interdisciplinary Studies 32, no. 1 (2020): 153–78. http://dx.doi.org/10.5840/jis2020321/29.
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Affirmative action and the decline of merit-based admissions was the beginning of the decline at Harvard University, as it was at most universities. This essay seeks to determine what has happened to the rest of academic first principles as a result, to academic freedom, scholarship, and student/faculty culture. To determine this progression requires decades of observation. The results of this investigation between 1969 and 2019 is that all of these university functions, in succession, were severely compromised, and that the token Asian student lawsuit that was heard against Harvard in 2018 has had no effect on this progressive decline. Recovery may have to come from outside the university. A beginning solution would come from a definitive ruling from the U. S. Supreme Court on the appeal of the Asian student lawsuit. Other areas that the present Harvard system of “social justice” are vulnerable to are the growing financial dependence on global executive education, the increasingly contradictory professorial and departmental policies regarding academic freedom, and, ultimately, the selection of other educational forms produced by “diversity."
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Egorov, V. V. "ANALYSIS OF THE ACTIVITIES OF THE COMMISSION ON CULTS UNDER THE PRESIDIUM OF THE ALL-RUSSIAN CENTRAL EXECUTIVE COMMITTEE IN 1929-1930." Vestnik Bryanskogo gosudarstvennogo universiteta 06, no. 02 (June 30, 2022): 46–56. http://dx.doi.org/10.22281/2413-9912-2022-06-02-46-56.
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The article deals with the work of the Commission on Cults under the Presidium of the All-Russian Central Executive Committee in 1929–1930. The research topic is relevant, because. Currently, there is a rethinking of the Soviet experience of interaction between state power and the Russian Orthodox Church in the Soviet period of our history. The purpose of the study is to analyze the work of the Commission on Cult Issues and to understand its role in the development of the anti-religious policy of the Soviet government. This article examines the problems faced by the commission in resolving issues related to the interaction of the authorities, the population and the church. A great contribution to the study of the activities of the Commission on Cults was made by O.B. Prikazchikova, A.S. Kochetova, A.L. Ershov. The merit of these authors lies in the fact that they analyzed the statistical aspect of the commission's work. The main emphasis in their articles is placed on the period from 1931 to 1935. This article examines in detail the period of work of the commission from 1929 to 1930. A new substantive aspect of the commission's work is considered. The methodology of this article includes the historical-diachronic method, which made it possible to understand the internal laws of the development of the political course of the Soviet government in relation to the Russian Orthodox Church and clergy. The comparative historical method made it possible to compare some aspects of the policy of the state power of the Russian Empire and the Soviet government in relation to the Orthodox Church. The structural-system method made it possible to study the genesis of the policy of the Soviet government on the issue of its interaction with the Russian Orthodox Church in its entirety and in certain aspects. As a result of the study, it was possible to study the complaints and petitions received by the commission, the reaction of the commission members to these citizens' appeals. The activity of the chairman of the commission of the Soviet state and party leader P.G. Smidovich. In this study, archival materials from the collections of the State Archives of the Russian Federation (GA RF) are introduced into scientific circulation for the first time. The materials and conclusions contained in the study may be useful for teaching the "History of Russia", in the preparation of textbooks, special courses on the history of interaction between the Soviet government and the Russian Orthodox Church. The Commission made decisions regarding the Russian Orthodox Church and clergy in accordance with the current legislation of the USSR at that time. However, this legislation itself was aimed at excluding the church from social and political life and the complete eradication of faith from the minds of citizens.
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Detzner, John A. "M.A. A26851062 v. Immigration and Naturalization Service." American Journal of International Law 83, no. 2 (April 1989): 384–88. http://dx.doi.org/10.2307/2202756.
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On remand after reversal of a prior denial of a motion to reopen deportation proceedings and a final order of deportation, petitioner, a native and citizen of El Salvador, presented a renewed application for political asylum as a refugee under section 208(a) of the Immigration and Nationality Act (8 U.S.C. §1158(a) (1982)) (INA or Act). The Immigration Judge found that petitioner had failed to present a prima facie case for eligibility under section 208(a) of the INA, a prerequisite to reopening his deportation proceedings for a hearing on the merits of the asylum claim, and therefore denied petitioner’s motion to reopen and issued another final order of deportation. Petitioner appealed, and the Board of Immigration Appeals (BIA) affirmed. On petition for review of the BIA’s decision, the U.S. Court of Appeals for the Fourth Circuit (per Winter, J.) reversed the order denying the motion to reopen, remanded the case for determination on the merits of whether petitioner is eligible to be granted political asylum, and held: that petitioner had made a prima facie case that he merits refugee status and thus consideration for political asylum on the basis of his sincere refusal to participate in actions of the Salvadoran Armed Forces condemned by the international community and the likelihood that he would be punished for his refusal to serve with those forces. Judge Murnaghan filed a concurring opinion. On January 5, 1989, the Fourth Circuit granted the Justice Department’s request for a rehearing en banc based on the Department’s position that the decision presented an issue of “exceptional importance” and could have “an enormous potential impact” on U.S. asylum law.
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LeTendre, Gerald K., Thomas P. Rohlen, and Kangmin Zeng. "Merit or Family Background? Problems in Research Policy Initiatives in Japan." Educational Evaluation and Policy Analysis 20, no. 4 (December 1998): 285–97. http://dx.doi.org/10.3102/01623737020004285.
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In reviewing educational trends in Japan during the post-World War II era, the authors found that current national data sets do not contain questions about family background or rank of school attended that are detailed enough to permit a significant analysis of the impact of family background on educational attainment. Given Japan’s stature in the current community of nations, the continued government aversion to collecting family income or educational background data, along with precise data on rank of school attended and/or types of cram school, appears negligent. The authors discuss both cultural and political reasons that may create a reluctance to collect such data.
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Garant, Patrice. "Le devoir d'équité procédurale et le contrôle judiciaire ou quasi judiciaire de la procédure administrative." Les Cahiers de droit 23, no. 3 (April 12, 2005): 587–624. http://dx.doi.org/10.7202/042509ar.
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The doctrine of « procedural fairness » is widening its scope of application to all kinds of administrative decisions. « Procedure » must, as a notion, therefore be clearly defined. The definitions given by the authors or by case-law make it difficult to distinguish between « procedure » and « merits ». The jurisprudence of the Commission de la Fonction publique du Québec, an appeal Tribunal under the Quebec Civil Service Act, is quite relevant since section 77 of the Act gives to the Commission jurisdiction to hear appeals when « the verification procedure of eligibility of candidates or the selection procedure was irregular or illegal ». The Commission, as a specialised expert appeal Tribunal, has adopted a very liberal approach of the concept of procedure. From that experience one may question the diserability of having the ordinary Courts of Justice control of the fairness of administrative procedure. If so, which of an Administrative Tribunal or a Superior Court is the appropriate forum to deal with procedural deficiencies within the administrative process? Up to now, Administrative Tribunals have done well in that field.
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BUDYLIN, S. L. "REVIEW OF PRELIMINARY INJUNCTION ORDERS IN U.S. COURTS." Herald of Civil Procedure 10, no. 6 (January 25, 2021): 177–92. http://dx.doi.org/10.24031/2226-0781-2020-10-6-177-192.
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Under American rules, a very important factor for a court to consider when granting a preliminary injunction is the likelihood of success on the merits. To estimate this likelihood, the court must of course decide which legal provisions are applicable the parties’ dispute. And if the court errs in interpretation or application of those provisions, a party may successfully appeal to a higher court! As a result, the legal questions that must be answered to resolve the dispute on the merits are sometimes hotly and at great length discussed on the preliminary injunction stage, with appeals up to the highest-instance court. The ratios stated by higherinstance court in decisions on preliminary injunctions often become decisive when the dispute is resolved on the merits. Moreover, after the highest court ruled on a disputable issue of law in the preliminary injunction discussion, continuing the dispute may become redundant. Knowing the facts of the case (even if they are not yet formally established by a court) the parties often can easily understand who loses and who wins. After that it normally makes sense to settle out of court instead of wasting time and money for the process, the outcome of which is practically predetermined. Because of that many court orders granting or denying preliminary injunctions are far from being just “run-of-the-mill” ones. They may be very important for the ultimate outcome of the case and often contain detailed arguments on disputable issues of law, sometimes taking dozens of pages.
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BARBU, S. G., and C. M. FLORESCU. "Disputes about the resolution of the exception of illegality in the appeal." SERIES VII - SOCIAL SCIENCES AND LAW 13(62), no. 2 (January 26, 2021): 21–26. http://dx.doi.org/10.31926/but.ssl.2020.13.62.4.3.
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The exception of illegality is a procedural means of verifying the legality of an administrative act. The settlement of the plea of illegality is subject to procedural conditions of admissibility. One of the conditions is that an exception be invoked before the court that settles the substance of the dispute. A decision on interpretation was issued by the High Court of Cassation and Justice, considering that the exception can be invoked in the appeal. We consider that, even after the interpretative decision of the High Court of Cassation and Justice, elements of non-unitary judicial practice may arise in particular as regards the conditions under which the exception may be considered on the merits.
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Jacobs, Sharon. "On the Mend: The Ninth Circuit Gives San Francisco’s Health Care Security Ordinance the Green Light (For Now)." Journal of Law, Medicine & Ethics 36, no. 2 (June 2008): 431–34. http://dx.doi.org/10.1017/s107311050001130x.
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If Justice Louis Brandeis were alive to witness San Francisco’s recent experiment with universal health care legislation, he might amend his famous characterization of the states as “laboratories of democracy” to include municipalities as well. In San Francisco, where ten percent of residents have no health insurance and where fifteen percent of businesses provide no health coverage for their employees, the Board of Supervisors recently passed the San Francisco Health Care Security Ordinance (Ordinance), which funds a network of primary care services for uninsured residents. While the Ordinance has, in the main, met with general approval, its provision mandating contributions from local businesses that do not meet minimum health spending requirements is the subject of ongoing litigation. The Ninth Circuit Court of Appeals recently ruled in the city’s favor, thereby allowing the spending provision to go forward pending a full appeal on the merits of the case.
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Liu, Ya Jie, and Ning Zhu. "Ascertainment of the Figure of Merit for the State-of-the-Art Thermoelectric Materials via Temperature." Advanced Materials Research 535-537 (June 2012): 1346–49. http://dx.doi.org/10.4028/www.scientific.net/amr.535-537.1346.
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An effective numerical method to predict quantitatively the relation between the dimensionless figure of merit of the state-of-the-art thermoelectric materials with the temperature was investigated by look around for some fitting mathematical functions. The simulative results agree with the observed data very well that the minimum correlation coefficient and the maximum average relative errors between them are 0.9767 and 4.35 % respectively. The high light of this work is that the regular pattern of the dimensionless figure of merit of the state-of-the-art thermoelectric materials dependence temperature appears Gaussian. This conclusion may be an available tip to the the theoretical physicist to build or modify some theoretical model that used to explain the physical mechanisms of the thermoelectric materials.
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Vakilifathi, Mona, and Thad Kousser. "Does Judicial Selection Affect Judicial Performance? Evidence from a Natural Experiment." Forum 18, no. 1 (September 21, 2020): 25–50. http://dx.doi.org/10.1515/for-2020-1002.
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AbstractDo judges selected by merit review commissions perform better than elected judges or those directly appointed by elected officials? This is a central question in both the academic study of state judicial institutions and the policy discourse about how to reform them. To address it, we take advantage of the variation in the means of the selection for trial court judges within Arizona, a state comprised of appointed, elected, and merit-selected trial court judges. This unique context allows us to use an objective measure of judicial performance – the reversal rate of trial court cases appealed to Arizona’s state appellate courts – to evaluate judges by their means of selection. We gather an original dataset on 2919 cases heard by 176 judges, estimating multivariate models that control for characteristics of cases and of judges. Overall, we find that elected judges have a lower reversal rate than merit-selected judges. Our findings question the conventional wisdom in the state courts literature in favor of merit selection and against judicial elections, and encourage further work on the effects of judges’ means of selection beyond state supreme courts to include state appellate and trial courts.
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Сергей Иванович, Некрасов,. "REVIVAL OF STOICISM AS A LIFE PHILOSOPHY." Вестник Тверского государственного университета. Серия: Философия, no. 3(61) (December 1, 2022): 126–34. http://dx.doi.org/10.26456/vtphilos/2022.3.126.
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Целью статьи является анализ философских учений стоиков, основные установки которых сегодня плодотворно используются в методиках когнитивно-поведенческой терапии. Основной метод исследования - анализ практически ориентированной философии стоиков, учение которых обладает терапевтической ценностью, являясь средством воздействия не столько на диагностику психологических нарушений, сколько на тех, кто хочет научиться управлять своими умственными представлениями, целенаправленно изменяя своё поведение в течение всей жизни. Результатами исследования являются сравнительный анализ основных положений учения стоиков и методов современной когнитивно-сравнительной терапии. Заслуга автора статьи состоит в доказательстве, что когнитивно-поведенческая терапия фокусируется на кратковременных целях, которые определяются диагнозом и ограничены во времени, в то время как жизненная философия стоицизма способна вносить глубины и безвременные изменения в образ жизни и мировоззрение человека. Теоретическая и практическая значимость статьи заключается в доказательстве, что философия стоиков, которую сегодня рассматривают в качестве западной разновидности буддизма и альтернативы современной академической философии, это философия, которая направлена на практическое применение мудрости этического идеала в жизни каждого человека; способность сформировать личную жизненную установку справиться с любой жизненной ситуацией средствами своего разума и управления эмоциями. Автору удалось углубить предложенную проблематику, что может быть использовано для дальнейшего теоретического анализа и применено для практической работы. The purpose of the article is to analyze the philosophical teachings of the Stoics, the main principles of which are now fruitfully used in the methods of cognitive-behavioral therapy. The main method of research is the analysis of the practically oriented philosophy of the Stoics, whose teaching has therapeutic value, being a means of influencing not so much the diagnosis of psychologicaldisorders, but those who constantly want to learn how to control their mental representations, purposefully changing their behavior throughout their lives. The results of the study are a comparative analysis of the main provisions of the teachings of the Stoics and the methods of modern cognitive-comparative therapy. The merit of the authors of the article lies in proving that cognitive behavioral therapy focuses on short-term goals that are determined by the diagnosis and limited in time, while the philosophy of life of stoicism is able to make profound and timeless changes in the way of life, decision and worldview. sight of an aged person. The theoretical and practical significance of which the articles wrote lies in Seneca's proof, each of which philosophy appeals to the Stoics, therefore which third philosophers today consider each as a free western version of its own kind of therapy of Buddhism ways and alternatives within the limits of modern to leave the academic life of philosophy, - this is the Stoic philosophy, which can be directed to the state of practical opinion, the application of the solution of wisdom, the therapy of ethical people, the ideal, the fruits in the life of the philosophy of each, to see a person's difficulties, the ability to change, to form a guiltily personal age, the life of the third attitude, the conviction to cope with any theory requires life, therefore, the situation is called means schools of their own when the mind means and control the opinion of emotions. Therefore, the authors succeeded in the intention to deepen the problems proposed by each, today that the concept can be used by the spiritual for the therapy of further personal theoretical development of the analysis lies and is applied to the age for diseases of the practical situation of work.
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Paul, Regine. "Analyse and rule? A conceptual framework for explaining the variable appeals of ex-ante evaluation in policymaking." der moderne staat – Zeitschrift für Public Policy, Recht und Management 13, no. 1-2020 (June 25, 2020): 124–42. http://dx.doi.org/10.3224/dms.v13i1.11.
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This article integrates disparate explanations for increasing (but variable) turns to ex-ante policy evaluation, such as risk analysis, across public administrations. So far unconnected silos of literature – on policy tools, policy instrumentation, the politics of evaluation and the political sociology of quantification – inconsistently portray ex-ante evaluation as rational problem-solving, symbolic actions of institutional self-defence, or (less often) political power-seeking. I synthesise these explanations in an interpretivist and institutionalist reading of ex-ante evaluation as contextually filtered process of selective meaning-making. From this methodological umbrella emerges my unified typology of ex-ante evaluation as instrumental problemsolving (I), legitimacy-seeking (L) and powerseeking (P). I argue that a) these ideal-types coexist in policymakers’ reasoning about the expected merits of ex-ante evaluation, whilst b) diverse institutional contexts will favour variable weightings of I, L and P in policymaking. By means of systematisation the typology seeks to inspire an interdisciplinary research agenda on varieties of ex-ante evaluation.
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Rahmah, Mutia, and Muchlis Hamdi. "An Overview of Research Trend on Merit System in Indonesia and International Practices: A Bibliometric Analysis and Visualization." Jurnal Bina Praja 14, no. 1 (April 29, 2022): 55–69. http://dx.doi.org/10.21787/jbp.14.2022.55-69.
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This study intends to examine how the development of research related to the merit system in Indonesia and international practices. Bibliometric analysis is used to determine the dynamics of the research topics discussed related to the merit system through keywords that appear in the Scopus database until January 7, 2022. Visualization from bibliometric based on co-authorship, co-occurrence, and citation using VOSviewer 1.6.16. This study showed 485 articles had been filtered through the criteria of Open Access, Article, English, and Journal. Six of the 485 articles discussed various aspects of the merit system in Indonesia. In Co-authorship, there are eight of 23 clusters written by more than two people collaborating; the United Kingdom is the highest number of articles published, while Indonesia also appears in the visualization but does not collaborate with affiliated authors from other countries. In co-occurrence, 22 clusters of 1,503 keywords emerge, and 234 meet the threshold. The meritocracy item has the highest link and total link strength, but this item was published on average around the year 2018. In terms of citation, eight of the ten most-cited documents were published more than the last ten years, while the other two documents were published in the last eight years. The document of Pratto f. 1994 was the highest citation document and became an important article related to the merit system discussing social dominance orientation which looks at inequality in social groups.
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Creyke, Robin. "Judicial Review and Merits Review: Are the Boundaries Being Eroded?" Federal Law Review 45, no. 4 (December 2017): 627–52. http://dx.doi.org/10.22145/flr.45.4.7.
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Courts and tribunals have distinct roles within the Australian administrative law system at the federal level, and to a lesser extent, in the states and territories. Questions of law are for the courts, and questions of fact are for the executive and tribunals. From time to time this orthodoxy is questioned. Suggestions are made that the courts are increasingly tending to intrude into the province of tribunals. Using cases as illustrations, this article explores five relevant jurisdictional areas —from appeals on a question of law to deference under the Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10(2)(b)(ii)—to test the accuracy of the suggestion.
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Baines, John. "Merit by Proxy: The Biographies of the Dwarf Djeho and His Patron Tjaiharpta." Journal of Egyptian Archaeology 78, no. 1 (October 1992): 241–58. http://dx.doi.org/10.1177/030751339207800114.
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The Thirtieth Dynasty biography and figure caption on the sarcophagus of the dwarf Djeho (Cairo CG 29307) and a passage from the sarcophagus of the high official Tjaiharpta (CG 29306) are presented in annotated translation. Djeho's longer text appears unique in being concerned more with the other-worldly destiny of another person, Tjaiharpta, than with Djeho himself. The two similar hard-stone sarcophagi were buried in a single tomb near the Sarapieion road at Saqqara, together with at least seven other people. The presentation of one person's merits through another is probably connected with Djeho's role in dancing at the mortuary ceremonies of the Apis and Mnevis bulls. Among other questions, the find raises issues of royal and non-royal patronage, of the location of tombs, the placing of biographies on sarcophagi, the use of intermediaries before the gods, and the implications of Tjaiharpta's partial deference to Djeho in relation to general conceptions of the person.
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Wagner, Edwin E. "Measured Intelligence of Problematic Patients with Chronic Pain." Perceptual and Motor Skills 82, no. 3 (June 1996): 939–43. http://dx.doi.org/10.2466/pms.1996.82.3.939.
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100 patients with chronic pain judged “problematic” by their referring physicians were administered the Wechsler Adult Intelligence Test–Revised. 38 obtained IQs of 85 or less while only 11 earned IQs of 101 or higher. While a number of confounds may have influenced these results, low intelligence appears to be a marker for negative treatment prognosis, at least as perceived by physicians, and its influence would seem to merit further investigation and clarification.
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Panton, Ronald L. "Composite asymptotic expansions and scaling wall turbulence." Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 365, no. 1852 (January 16, 2007): 733–54. http://dx.doi.org/10.1098/rsta.2006.1951.
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In this article, the assumptions and reasoning that yield composite asymptotic expansions for wall turbulence are discussed. Particular attention is paid to the scaling quantities that are used to render the variables non-dimensional and of order one. An asymptotic expansion is proposed for the streamwise Reynolds stress that accounts for the active and inactive turbulence by using different scalings. The idea is tested with the data from the channel flows and appears to have merit.
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Farrell, Lesley. "Making Grades." Australian Journal of Education 41, no. 2 (August 1997): 134–49. http://dx.doi.org/10.1177/000494419704100204.
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THE focus of this paper is on the role that culture plays in shaping the way examiners arrive at assessments of candidates' relative academic ability in tertiary entrance examinations. In attempting to understand this process, I call on notions of ‘Discourse’, especially of the kind developed by Gee (1991, 1992, 1994). When examiners ‘make grades’, they call on culturally specific understandings of what counts as a ‘literate essay’, a ‘relevant’ argument, and an appropriate relationship between candidate and examiner. I start with a discussion of tertiary entrance examinations, move to a discussion of Discourse and conclude with an analysis of one set of examiners' reports. Examiners use underlying discourse structure as the basis on which they make their judgements about academic merit, and that these judgements are culturally situated and do, therefore, realise cultural values. However, although they are clearly culturally situated, they gain their legitimacy in the public arena by an appeal to the universality of standards of academic merit.
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Olijnyk, Yurij. "Procedure for consideration of cases in the Court of Appeal of Lviv (1919–1939s)." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 77–83. http://dx.doi.org/10.36695/2219-5521.2.2020.13.
Full textAbstract:
The acquisition of the Polish independence state in November 1918 was a decisive condition for the establishment and developmentof the Polish judicial system and legal proceedings. It is noted that the functioning of the institution of the judiciary in Polanddirectly depended on legal traditions, social changes, the level of legal culture and the influence of the legislation of the countries thatat one time participated in the division of the Second Commonwealth of Poland. The restored Polish state from the very first days of its existence began the activities aimed at the formation of judicial authorities, for some time foreign sources of law (Austrian, German,and Russian) remained in force in its territory. During the interwar period in the Polish state a special mission was assigned to the courts,because they were the spokesman for social justice. The role of courts played an important role in their structure and leadership. Thestructure and management of the appellate and district courts in the judicial system of the Second Commonwealth of Poland and thecharacteristic features of the structure and leadership of the Court of Appeal of Lviv have been analyzed.The Court of Appeals in Lviv was responsible for administering in its judicial district, carrying out inspections in lower courts,and bringing to justice judges and court officials through disciplinary violations, organization and reorganization of the courts of firstand second instance. The Court of Appeals also dealt with the nomination and transfer of judges from one court to another, followedthe law by lower courts, regulated the territory of the judicial districts (the final decision was nevertheless at the highest court in Warsawand the Ministry of Justice), took reports on the number of cases considered by the lower courts authoritiesThe article analyzes the procedure for consideration of cases in the Court of Appeal of Lviv (1919-1939s). It is noted that thecase was considered by the Court of Appeal according to the rules established for consideration of the case by the court of first instance(county or district). The Court of Appeal in Lviv reviewed the case in full, or focused only on a separate part of it, but only within thelimits of the complaint filed by a party in the process. The appellate court considered the case on the merits and made a decision, changingthe decision of the lower court, or leaving it unchanged.
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OHLIN, JENS DAVID, ELIES VAN SLIEDREGT, and THOMAS WEIGEND. "Assessing the Control-Theory." Leiden Journal of International Law 26, no. 3 (July 31, 2013): 725–46. http://dx.doi.org/10.1017/s0922156513000319.
Full textAbstract:
AbstractAs the first cases before the ICC proceed to the Appeals Chamber, the judges ought to critically evaluate the merits and demerits of the control-theory of perpetratorship and its related doctrines. The request for a possible recharacterization of the form of responsibility in the case ofKatangaand the recent acquittal of Ngudjolo can be taken as indications that the control-theory is problematic as a theory of liability. The authors, in a spirit of constructive criticism, invite the ICC Appeals Chamber to take this unique opportunity to reconsider or improve the control-theory as developed by the Pre-Trial Chambers in theLubangaandKatangacases.