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Journal articles on the topic 'Contract for valuable consideration'
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Shi, Zunya, Nengmin Wang, Tao Jia, and Haoxun Chen. "Reverse Revenue Sharing Contract versus Two-Part Tariff Contract under a Closed-Loop Supply Chain System." Mathematical Problems in Engineering 2016 (2016): 1–15. http://dx.doi.org/10.1155/2016/5464570.
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The importance of remanufacturing has been recognized in research and practice. The integrated system, combining the forward and reverse activities of supply chains, is called closed-loop supply chain (CLSC) system. By coordination in the CLSC system, players will get economic improvement. This paper studies different coordination performances of two types of contracts, two-part tariff (TTC) and reverse revenue sharing contract (RRSC), in a closed-loop system. Through mathematical analysis based on Stackelberg Game Theory, we find that it is easy for manufacturer to improve more profits and retailer’s collection effects by adjusting the ratio of transfer collection price through RRSC, and we also give the function to calculate the best ratio of transfer collection price, which may be a valuable reference for the decision maker in practice. Besides, our results also suggest that although the profits of the coordinated CLSC system are always higher than the contradictory scenario, the RRSC is more favorable to the manufacturer than to the retailer, as results show that the manufacturer will share more profits from the system through RRSC. Therefore, RRSC has attracted the manufacturers more to closing the supply chain for economic consideration.
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Szalkai, Zsuzsanna, and Mária Magyar. "Strategy from the perspective of contract manufacturers." IMP Journal 11, no. 1 (March 13, 2017): 150–72. http://dx.doi.org/10.1108/imp-06-2015-0028.
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Purpose The purpose of this paper is to investigate the strategy of contract manufacturers (CMs). The research question is the following: how can the strategy of CMs be explained? The purpose is to better understand this activity though using different theoretical approaches and analyzing two customer relationships of a Hungarian CM, Videoton Holding. Design/methodology/approach The primary theoretical background is the relational view of strategy, and the concept of the business model is used for the analysis. The authors confront the literature about this topic in strategic management using the industrial marketing and purchasing approach to strategy; namely, strategizing. Through the case study of Videoton the authors explore how the company became a highly developed CM from its origins as an original equipment manufacturer company. Findings Through comparing theory the authors have created a research framework which is adapted to the empirical findings. In the CM’s strategy it is crucial to understand how partners are able to synchronize key propositions, key resources and key actors while taking the network of the firms into consideration. Originality/value The paper is novel in that the authors investigate the strategy of a supplier from their own perspective, not that of a customer. Applying and contrasting different theoretical approaches to this particular topic may considered to be valuable as well.
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Li, Fan. "The orientation and characteristics of the inheritance agreement in China and Russia: comparative legal research." Legal Science in China and Russia, no. 4 (September 16, 2021): 26–34. http://dx.doi.org/10.17803/2587-9723.2021.4.026-034.
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Recently, great changes have taken place in the inheritance agreement system in China and Russia. Article 1140.1 of CCRF has recognized inheritance agreement in 2019 instead of prohibiting it previously. In China, bequest support agreement is stipulated in legislation, and inheritance attendance agreement is recognized in judicature. Article 464 of the Contract Book of CCPRC of 2020 opens up the legal application of inheritance agreement.China’s inheritance system has its unique characteristics, for example, there is no difference between estate and legacy, the distinction between testamentary succession and bequest is based on whether the subject has the status of legal successor rather than the disposition of estate or legacy, there is no difference between successio in universumius and successio in singulas res, the heritage debt is the legal burden of positive heritage, heritage debt shall not be disposed of in a will, the bequest shall not be exempted from the heritage debt, there are only legal successors but no heir other than legal successors and testamentary successors are only legal successors who inherit by will, there is no forced share but an absolute necessary share for any successor who has neither the ability to work nor the source of income, and neither inheritance agreement nor gift contract is formal. All of those determine that its inheritance agreement must have many characteristics different from those of Europe.For example, there is a strict distinction between the bequest support agreement with non legal successor as supporter and the inheritance attendance agreement with legal successor as supporter; there is no inheritance renunciation agreement with valuable consideration positively, but the one with negative consideration that a renunciation of the inheritance right is in exchange for exemption of the specifi c performance of attendance; it is suffi cient that the donatio mortis causa has the effect of gift contract, and it is not necessary to act as the inheritance agreement.China’s orientation of the inheritance agreement is mainly with consideration and centered on support for the old, while Russia’s orientation is mainly without consideration and centered on the disposition of inheritance right in the designated inheritance agreement. In particular, China and Russia have launched a challenge to the doctrine that the effect of inheritance agreement is prior to that of will.
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Tipping, Andrew. "Obligations in Contract, Tort and Equity: Reliance, Responsibility, and the Moral Dimension: Essay in honour of Sir John McGrath." Victoria University of Wellington Law Review 52, no. 3 (December 13, 2021): 643–62. http://dx.doi.org/10.26686/vuwlr.v52i3.7336.
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I publish this essay to honour the memory of Sir John McGrath. I sat with Sir John for a number of years, first in the Court of Appeal and then in the Supreme Court. Professional respect soon turned into friendship. While we did not always agree, I always respected his views. They were carefully considered and fully researched. John gave detailed consideration to the opinions of others but was very much his own man when it came to his ultimate conclusion. His innate caution in departing from the well-trodden path was a valuable contribution in a final appellate court. Stability is an important feature of any legal system. And John provided that quality, but not at the expense of innovation when that was clearly desirable and could be achieved in a principled way. John's passing, so soon after his retirement, was a great loss, not only to his wife and family, but also to his many friends and colleagues, both in the law and beyond.
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Jaradt, Nashat Mahmoud, and Ijaz Ur Rehman. "Legal considerations to international contracts in the recent Greece financial crisis." International Journal of Law and Management 60, no. 3 (May 14, 2018): 814–23. http://dx.doi.org/10.1108/ijlma-11-2016-0141.
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Purpose This research aims to focus on what has happened in light of the Greece legal crisis in terms of international contracts and what legal situations have arisen. Design/methodology/approach This research focuses on what has happened in light of the Greek legal crisis in terms of international contracts and what legal situations have arisen. The overall situation in relation to international contracts and risk mitigation is discussed to analyze the efforts that have been made. The state of affairs in the country with regard to facilitating financial trade and enabling Greeks to send payments abroad or at the rate they need to is also explored. Findings The effects of financial crisis on international trade contracts as they relate to commercial businesses without taking into consideration the wider contractual obligations that Greece, as a country, have already defaulted on. The crux of the current crisis is the fact that Greece did not stick to the commitments it made to the European Union when it joined the eurozone and took on euro as their currency, replacing the drachma. It is important to understand that due to the scope of the economic crisis in the Greece, it is not simply the other contractual party’s creditworthiness and trustworthiness that are at issue, it is their ability to keep any promises in whatever climate arises in their country. Research limitations/implications The study is based on the financial crisis in Greek. Further research is needed to investigate the applicability of the findings in different contexts. Originality/value The study findings are believed to be valuable for international commercial contracts with regard to the Greek debt crisis in discussing the financial legal situation, facilitating trade and enabling Greeks to send payments abroad or at the rate they need. The study contributes to a better understanding of international commercial contract system.
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Peer, Kimberly S., and Chelsea L. Jacoby. "Powerful Lessons from Cuban Medical Education Programs: Fostering the Social Contract in Athletic Training Programs." Athletic Training Education Journal 14, no. 4 (October 1, 2019): 275–82. http://dx.doi.org/10.4085/1404275.
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Context The Cuban medical education and health care systems provide powerful lessons to athletic training educators, clinicians, and researchers to guide educational reform initiatives and professional growth. Objective The purpose of this paper is to provide a brief overview of the Cuban medical education system to create parallels for comparison and growth strategies to implement within athletic training in the United States. Background Cubans have experienced tremendous limitations in resources for decades yet have substantive success in medical education and health care programs. As a guiding practice, Cubans focus on whole-patient care and have established far-reaching research networks to help substantiate their work. Synthesis Cuban medical education programs emphasize prevention, whole-patient care, and public health in a unique approach that reflects disablement models recently promoted in athletic training in the United States. Comprehensive access and data collection provide meaningful information for quality improvement of education and health care processes. Active community engagement, education, and interventions are tailored to meet the biopsychosocial needs of individuals and communities. Results Cuban medical education and health care systems provide valuable lessons for athletic training programs to consider in light of current educational reform initiatives. Strong collaborations and rich integration of disablement models in educational programs and clinical practice may provide meaningful outcomes for athletic training programs. Educational reform should be considered an opportunity to expand the athletic training profession by embracing the evolving role of the athletic trainer in the competitive health care arena. Recommendation(s) Through careful consideration of Cuban medical education and health care initiatives, athletic training programs can better meet the contract with society as health care professionals by integrating the Accreditation Council for Graduate Medical Education's core competencies of patient care, medical knowledge, practice-based learning and improvement, interpersonal and communication skills, professionalism, and systems-based practice now promoted in the Commission on Accreditation of Athletic Training Education's 2020 Standards for Accreditation of Professional Athletic Training Programs. Conclusion(s) Educational and health care outcomes drive change. Quality improvement efforts transcend both education and health care. Athletic training can learn valuable lessons from the Cubans about innovation, preventative medicine, patient-centered community outreach, underserved populations, research initiatives, and globalization. Not unlike Cuba, athletic training has a unique opportunity to embrace the challenges associated with change to create a better future for athletic training students and professionals.
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Żok, Krzysztof. "Cloud Computing Contracts as Contracts for the Supply of Digital Content: Classification and Information Duty." Masaryk University Journal of Law and Technology 13, no. 2 (September 30, 2019): 133–60. http://dx.doi.org/10.5817/mujlt2019-2-1.
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Cloud computing contracts are among the most frequently concluded contracts over the Internet. Until now, however, they have been considered mainly from the perspective of data protection and intellectual property laws. Although these analyses provide valuable insights, they do not fully cover an important area, i.e. consumer protection. The article focuses on the latter issue, taking Consumer Rights Directive as a reference point. The Directive is one of the latest acts concerning consumer protection in the European Union. It also introduces a new type of agreement that should cover cloud computing contracts. In addition, characteristically for European law, it provides for an information duty as a means of consumer protection. The article examines these two aspects by seeking an answer to the following questions: (1) do cloud computing contracts classify as contracts for the supply of digital content? And (2) do the provisions on information duty suit well cloud computing contracts? The analysis includes the results of empirical studies of these contracts. In the conclusion, the article states that the new type of contract may not significantly improve consumer protection, mainly due to the ambiguity resulting from recital 19 of the Directive. On the other hand, consumers may benefit from the provisions on information duty, though it does not directly address the main problems connected with cloud computing contracts.The article is divided into four parts. The first provides an introduction to the topic. The second discusses cloud computing contracts as contracts for the supply of digital content. The third analyses the provisions on information duty from the point of view of the contracts under consideration. Finally, the fourth summarises previous comments.
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Zhou, Wenxuan. "Analysis of Two Representative Acquisition Deals in Media and Entertainment Industries." Advances in Economics, Management and Political Sciences 20, no. 1 (September 13, 2023): 39–46. http://dx.doi.org/10.54254/2754-1169/20/20230170.
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The deals in the dynamic media and entertainment industries have been paid great attention to in recent years. One of the most valuable things that companies competed for was customers attention. Hence deals were made to provide unparalleled technologies or content. The case studies adopted in this study are objective and specific. Focusing on the analysis of two representative acquisition deals in the media and entertainment industries, this article gives a comprehensive introduction to Walt Disney Company, Pixar Animation Studios, Microsoft Corporation and Activision Blizzard, lists essential contract terms and summarizes the changes. To conclude, in the process of merger or acquisition, technologies and entertainment content are key elements in companies consideration. Through exchanging and sharing resources, parties involved in the deals could achieve a win-win relationship. Nevertheless, there are also many problems that need to be solved, including the interference of the third party, cultural conflict and changing market requirements.
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Song, Jiali, Zhiwei Rong, Xinwen Zhong, Yuhong Lu, Jike Huang, Yipei Yu, Zhilin Liu, et al. "Practice and Consideration of Master Protocol in Clinical Trials." Tumor Discovery 2, no. 2 (April 28, 2023): 342. http://dx.doi.org/10.36922/td.342.
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There is great interest in accelerating late-stage therapy development by efficiently performing a trial design with multiple therapies or multiple subpopulations simultaneously under a single protocol. The master protocols are termed to describe the design of such trials, with a variety of terms such as umbrella, basket, or platform describing specific designs, which are, in contrast to the traditional trial designs, full of complexity. What should we consider in designing a trial ensuring the safety of human subjects and demonstrating the efficacy of new therapy? This paper overviews the master protocol framework, comprehensively unifies the definitions and illustrates essential design elements of representative example trials conducted in drugs and medical devices. Besides, to understand the master protocols deeply, it is also a need to summarize the commonly-used types of master protocols in various disease and treatment fields, along with the reasons for these phenomena by analyzing the characteristics of the diseases, the mechanism of therapeutic products, and the principles of various types of master protocols. Finally, we also propose practical considerations, including the design, ethical, statistics, and funding considerations that arise from implementing complex master protocols to help practitioners better design and identify potential valuable therapies.
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Khan, Mr Afroz. "Suicide Clause in Various Life Policies in India." IJOHMN (International Journal online of Humanities) 1, no. 1 (September 14, 2017): 1–14. http://dx.doi.org/10.24113/ijohmn.v1i1.1.
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Life insurance policy is a contract between the policy holder (assured) and the insurer (insurance company), where the insurer promises to pay a designated beneficiary a sum of money (a “premium”) upon the death of the insured person. In return, the policy holder agrees to pay a stipulated amount (at regular intervals or in lump sums). In nutshell, life policies are legal contracts and the terms of the contract describe the limitations of the insured events. Specific exclusions are often written into the contract to limit the liability of the insurer; common examples are claims relating to suicide, fraud, war, riot and civil commotion. Suicide means a wilful and intentional act on the part of the self-destroyer. It includes every act of self-destruction. Policies of life insurance contain conditions by which the liability of the insurer is modified and limited in case of suicide by the assured. Where there is such a clause in a policy, the insurer can avoid the policy. The position in England and in India is different on this issue. In England suicide is a crime and hence no money is payable if a person commits suicide while in a sane state of mind. On the other hand if the assured was insane at the time of committing suicide, the sum due can be recovered by his legal representatives. Under the Indian law, suicide in itself is not an offence, and as such a policy cannot be avoided on the ground of suicide, unless the policy otherwise provides. Suicide will, however, not affect the rights of assignee, if the policy holder had assigned the policy for valuable consideration. The burden of proving suicide is upon the insurers and where the cause of death is not known, the presumption is against suicide and the policy cannot be avoided. This same is followed in India. According to this approach, the claim would be barred on a contractual level because the assured cannot be the author of his own loss, and on a broader level, because the law will not allow him to benefit from his own criminal acts. This paper examines the development of law and policy in relation to claims on life insurance policy where the assured or insured has committed suicide after the commencement of the policy and the effect of suicide clause in life insurance contract. Is that the present practice of insurance companies to insert suicide clause in life policies, indirectly promotes commercial suicide in cases of intentional suicides.
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Learmount, Simon. "Theorizing Corporate Governance: Organizational Alternatives." Journal of Interdisciplinary Economics 14, no. 2 (April 2003): 159–73. http://dx.doi.org/10.1177/02601079x03001400205.
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In this paper I contrast ‘economic’ and ‘organizational’ approaches to corporate governance, in order to draw out some of their distinctive features and discuss their relative strengths and weaknesses. I identify some promising areas of new research that examine the role of social controls and trust for the way that companies are governed. Although these are fairly embryonic, I argue that they call into question the hegemony of economic theories in theorizing the governance of the corporation. I conclude by advocating a re-consideration and broadening of the current conceptual scope of corporate governance, so as to facilitate and encourage other potentially valuable ways of exploring and understanding how companies are governed.
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Verma, Shikha, Neha Gupta, Anil B C, and Rosey Chauhan. "A Novel Framework for Ancient Text Translation Using Artificial Intelligence." ADCAIJ: Advances in Distributed Computing and Artificial Intelligence Journal 11, no. 4 (June 5, 2023): 411–25. http://dx.doi.org/10.14201/adcaij.28380.
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Ancient script has been a repository of knowledge, culture and civilization history. In order to have a greater access to the valuable information present in the ancient scripts, an appropriate translation system needs to be developed keeping complexity and very less knowledge of the script available in consideration. In this study, a translation and prediction system has been implemented using Artificial Intelligence. The training has been developed using Sunda-Dataset and self-generated dataset, whereas the translation from ancient script viz. Sundanese script to English text is done using two layers Recurrent Neural Network. The technique used is compared with an existing translator called IM Translator. The results shows that the BLEU score is increased by 8% in comparison to IM Translator further WER is decreased by 10% in contrast to IM Translator. Furthermore, the N-Gram analysis results indicate 3% to 4% increase in 100% contrast value.
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Baumgart, Stephen, Ronald B. Hirschl, Sharon Z. Butler, Christine E. Coburn, and Alan R. Spitzer. "Diagnosis-Related Criteria in the Consideration of Extracorporeal Membrane Oxygenation in Neonates Previously Treated With High-Frequency Jet Ventilation." Pediatrics 89, no. 3 (March 1, 1992): 491–94. http://dx.doi.org/10.1542/peds.89.3.491.
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High-frequency jet ventilation (HFJV) is one of several high-frequency techniques that are particularly valuable for treating the neonate with lung disease refractory to conventional ventilation or with pulmonary air leak. Extracorporeal membrane oxygenation (ECMO) has also emerged as a valuable rescue therapy for neonates of more than 2000 g birth weight and 34 weeks's gestation with intractable respiratory failure. With the concurrent introduction of HFJV and ECMO, the authors sought to evaluate the role of HFJV prior to the institution of ECMO therapy. The data base for 2856 neonates receiving mechanical ventilation in one unit was used to identify 73 (of 298 total) neonates treated with HFJV, who were eligible by age and weight criteria for ECMO. Patients were grouped by diagnosis, and the oxygenation index (OI) was calculated during therapy. Outcome was evaluated for mortality, and the sensitivity of the OI for predicting mortality was calculated. Neonates who survived with HFJV alone presented with an OI of 0.30 ± 0.03 (SEM), significantly less than nonsurvivors (0.42 ± 0.04, P = .016). Survivors responded to HFJV with a rapid decrease in OI at 1 hour (0.19 ± 0.02, P < .001) and 6 hours (0.15 ± 0.01, P < .001). Nonsurvivors did not respond significantly at 1 hour (OI = 0.33 ± 0.04, P = not significant [NS]) or at 6 hours (OI = 0.40 ± 0.06, P = NS). By diagnosis, neonates with respiratory distress syndrome survived more often with HFJV (28/34, 82%) than neonates with meconium aspiration (10/26, 38%) or diaphragmatic hernia (3/9, 33%). Neonates with respiratory distress syndrome seldom presented with high OI values, but the majority of those who did survived (5/7 survived with initial OI ≥ 0.40). Neonates with meconium aspiration and a single OI ≥ 0.40 on presentation fared much worse: 13 (87%) of 15 died. From these results, it appears that neonates with severe intractable respiratory distress syndrome and/or air leak are most likely to respond favorably within 6 hours of starting HFJV. In contrast, neonates with meconium aspiration respond far less well and may require early ECMO intervention, particularly with a single OI ≥ 0.40.
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Hu, Yuan, Abootaleb Shirvani, W. Brent Lindquist, Frank J. Fabozzi, and Svetlozar T. Rachev. "Option Pricing Incorporating Factor Dynamics in Complete Markets." Journal of Risk and Financial Management 13, no. 12 (December 15, 2020): 321. http://dx.doi.org/10.3390/jrfm13120321.
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Using the Donsker–Prokhorov invariance principle, we extend the Kim–Stoyanov–Rachev–Fabozzi option pricing model to allow for variably-spaced trading instances, an important consideration for short-sellers of options. Applying the Cherny–Shiryaev–Yor invariance principles, we formulate a new binomial path-dependent pricing model for discrete- and continuous-time complete markets where the stock price dynamics depends on the log-return dynamics of a market influencing factor. In the discrete case, we extend the results of this new approach to a financial market with informed traders employing a statistical arbitrage strategy involving trading of forward contracts. Our findings are illustrated with numerical examples employing US financial market data. Our work provides further support for the conclusion that any option pricing model must preserve valuable information on the instantaneous mean log-return, the probability of the stock’s upturn movement (per trading interval), and other market microstructure features.
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Wiranty, Glenda Mutia, Andang Saehu, Hanna Sundari, and Mohammed H. Alaqad. "Profiling Vocational School Students' Word Knowledge Level: A Study in Jakarta Timur." JEELS (Journal of English Education and Linguistics Studies) 11, no. 1 (March 23, 2024): 81–105. http://dx.doi.org/10.30762/jeels.v11i1.1718.
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students are expected to acquire 2,000 to 3,000-word levels for general communicative purposes and 4,000 to 5,000-word levels or more for academic purposes. Nevertheless, only a few studies are refocusing on vocational school students. Therefore, this study descriptively analyzed the word knowledge level of vocational school students. This study was conducted online with 173 vocational school students in grades 10th and 11th. The result shows that above 70% of 173 participants successfully answered the 4,000 up to 5,000-word level, equivalent to K4 and K5 in vocabulary level. In contrast, the rest participants can answer the 1,000 up to 3,000-word level. The results indicate that the participants passed the requirements for communicative and academic purposed. This study also proposed the relevance of VLT results through post-graduate plans and gender diversity. The relevance becomes teachers’ consideration and recommendation to create meaningful and valuable teaching and learning materials based on their goals and needs.EFL students must acquire 2,000 to 3,000-word levels for general communicative purposes and 4,000 to 5,000-word levels or more for academic purposes. With such an enormous number of words, teachers must examine students’ word knowledge levels through the Vocabulary Level Test (VLT) before teaching and learning to determine relevant learning materials based on students’ needs and goals. Many related studies focus on senior school students. However, this study draws on vocational school students as they commonly work after graduation, and the ability to communicate with the English language is needed. Therefore, this study descriptively analyzed the result of the Vocabulary Level Test in 173 vocational school students majors. The result shows that more than in all 70% of participants successfully answered the 4,000 up to 5,000word level. Meanwhile, the rest of the participants could answer 1,000 to 3,000 words. The relevance of this study is the teachers’ consideration and recommendation to create meaningful and valuable teaching and learning materials based on their needs, as well as the students’ scores in VLT.
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Durvasula, Sai Anvesh. "Unlocking Decision-Making Potential with Causal AI-Driven What-If Simulations." International Journal for Research in Applied Science and Engineering Technology 12, no. 4 (April 30, 2024): 4912–22. http://dx.doi.org/10.22214/ijraset.2024.60819.
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Abstract: This article explores the potential of causal AI-driven what-if simulations in enhancing decision-making across various industries. Causal AI uses theories and causal reasoning to figure out and model the underlying cause-and-effect relationships that govern a system or domain. It can make strong predictions even when it only has limited data. The article discusses the advantages of causal AI over traditional AI approaches and its ability to handle sparse data, enable counterfactual reasoning, and address bias issues. It delves into the applications of what-if simulations powered by causal AI in manufacturing, oil and gas, supply chain management, and contract management, presenting scenarios and demonstrating how causal AI can offer valuable insights and optimize decision-making. The article also highlights the challenges and opportunities associated with causal AI, including the need for domain expertise, integration with existing systems, interpretability and explainability, competitive advantage, positive social impact, research and development, and ethical considerations. The impact of causal AIdriven what-if simulations on decision-making across industries is substantial, enabling organizations to make informed decisions, mitigate risks, and seize opportunities in an ever-changing business landscape.
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Reid, Katharine J., Neville G. Chiavaroli, and Justin L. C. Bilszta. "Assessing a Capstone Research Project in Medical Training: Examiner Consistency Using Generic Versus Domain-Specific Rubrics." Journal of Medical Education and Curricular Development 9 (January 2022): 238212052210818. http://dx.doi.org/10.1177/23821205221081813.
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Rubrics are utilized extensively in tertiary contexts to assess student performance on written tasks; however, their use for assessment of research projects has received little attention. In particular, there is little evidence on the reliability of examiner judgements according to rubric type (general or specific) in a research context. This research examines the concordance between pairs of examiners assessing a medical student research project during a two-year period employing a generic rubric followed by a subsequent two-year implementation of task-specific rubrics. Following examiner feedback, and with consideration to the available literature, we expected the task-specific rubrics would increase the consistency of examiner judgements and reduce the need for arbitration due to discrepant marks. However, in contrast, results showed that generic rubrics provided greater consistency of examiner judgements and fewer arbitrations compared with the task-specific rubrics. These findings have practical implications for educational practise in the assessment of research projects and contribute valuable empirical evidence to inform the development and use of rubrics in medical education.
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Lim, Qing Ying, and Eng Siang Tay. "See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad & Other Appeals: A Forced Marriage of Original Proprietor and Subsequent Chargee." Asian Journal of Law and Policy 3, no. 2 (July 31, 2023): 65–76. http://dx.doi.org/10.33093/ajlp.2023.5.
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Deferred indefeasibility is one of the most important concepts in the Malaysian Torrens System. Under the doctrine of deferred indefeasibility, when there exist vitiating factors in the immediate transaction, the immediate purchaser will acquire a voidable title in contrast with the subsequent purchaser who will acquire good title or interest if he obtains the title or interest in good faith and with valuable consideration. However, whether a purchaser is immediate or subsequent depends on the construction of section 340 of the National Land Code (Revised 2020). In 2021, the Federal Court laid down the decision of See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad & Other Appeals which states that the financial institution which acquired interest from an immediate purchaser was a subsequent purchaser, thereby enjoyed indefeasibility in its charge. However, such an interpretation ran afoul of section 340 of the National Land Code. This article provides a commentary on the case of See Leong Chye in respect of the concept of immediate and subsequent purchasers under the doctrine of deferred indefeasibility.
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Kuhlmann, Ingrid, Waltraud Kurth, and Irmela Ruhdel. "Monoclonal Antibodies: In Vivo and In Vitro Production on a Laboratory Scale, with Consideration of the Legal Aspects of Animal Protection." Alternatives to Laboratory Animals 17, no. 2 (December 1989): 73–82. http://dx.doi.org/10.1177/026119298901700204.
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Antibodies in the serum of immunised animals are polyclonal. That is, they react with all determinants of an antigen. Monoclonal antibodies, however, are produced by cells which are all derived from a single antibody-producing cell; hence they are highly specific and react with only one antigenic determinant. Monoclonal antibodies are valuable tools in medical and biological research and can be used for identifying, characterising and purifying medically and biologically important substances. Due to their high specificity, monoclonal antibodies are increasingly used in the diagnosis of infectious disease and neoplasia. Large amounts of antibodies are needed for use in these areas and this necessitates mass production (in the g–kg range); so many authors have described production systems and possibilities for optimising mass production. In contrast, at universities and other research institutions, the production of monoclonal antibodies on a laboratory scale (in the mg range) is still carried out, mostly in the ascites mouse. Certain research areas, require only {minimum amounts μg range) of monoclonal antibodies, so maximising production of antibodies is unnecessary, and as a rule, the yield of a stationary cell culture will suffice. This article summarises the in vivo and in vitro methods described up to now, as well as our own experiences and results. Taking the German animal protection law (22.8.86) as a basis, the legal aspects of animal protection in the production of monoclonal antibodies are discussed. In addition, the legal regulations in Switzerland and the Netherlands are considered.
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Fleming, David. "Contract—Economic Duress—Consideration." Cambridge Law Journal 48, no. 3 (November 1989): 362–63. http://dx.doi.org/10.1017/s0008197300109596.
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Khokhar, Manmeet Singh, Abhijeet Agashe, Anant Deogaonkar, and Tejasvini Alok Paralkar. "Ethical Leadership and Corporate Social Responsibility in Diversified Business Groups: A Conceptual Model of Asian and Latin America." International Journal of Professional Business Review 8, no. 6 (June 19, 2023): e02440. http://dx.doi.org/10.26668/businessreview/2023.v8i6.2440.
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Purpose: This research provides a brief review which explores theories and concepts in International Business (IB) and management, covering global market dynamics, factors influencing foreign direct investment, the role of national culture in socially responsible policies, decision-making processes, evolving trends in CSR, ethical leadership's relationship with CSR in diverse business groups, and advancements in online communication, simulation games, and enterprise systems. Valuable insights for practitioners and scholars are provided, illuminating the complexities of the dynamic field of business and management. Design/Methodology/Approach: This research paper employs diverse methodological approaches, including literature review, qualitative analysis, and theoretical modeling, to investigate various aspects of IB and management. Through a qualitative synthesis approach, key themes and findings related to the research topic are identified. Findings: This research highlights the significance of digital platforms in delivering global consumer value. Cultural differences influence Foreign Direct Investment (FDI) inflows, shaped by host country norms. European SMEs' profitability, responsible conduct, and B2B relationship tendencies are affected by national culture dimensions. Theoretical Implication: This analysis reveals the impact of digital platforms, cultural differences, and national culture on global markets and international business. It emphasizes ethical leadership, institutional diversity, strategic direction, and human rights. Managerial Implication: Managerial implications for international business strategies include leveraging digital platforms for value creation, assessing cultural agility competencies in talent identification, considering socio-cultural context in framing victimization experiences, incorporating factors like corruption, contract enforcement, IP protection, and cultural compatibility in FDI decisions. Industrial Implication: Significant implications found for the industry in utilizing big data, including ethical and legal considerations. Cultural adaptation crucial for FDI strategies and CSR initiatives. Ethical leadership as a competitive advantage for CSR. Originality and Value: This literature review highlights the significance of cultural adaptation in global markets, exploring the impact of national culture on corporate behavior. It introduces a novel model for ethical leadership and CSR in Digital Platforms and Ecosystems (DPEs). It serves as a valuable resource for researchers, policymakers, and practitioners in the field of International Business, identifying research gaps for future studies.
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Alam, Md Samsul, Alessandra Amendola, Vincenzo Candila, and Shahram Dehghan Jabarabadi. "Is Monetary Policy a Driver of Cryptocurrencies? Evidence from a Structural Break GARCH-MIDAS Approach." Econometrics 12, no. 1 (January 5, 2024): 2. http://dx.doi.org/10.3390/econometrics12010002.
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The introduction of Bitcoin as a distributed peer-to-peer digital cash in 2008 and its first recorded real transaction in 2010 served the function of a medium of exchange, transforming the financial landscape by offering a decentralized, peer-to-peer alternative to conventional monetary systems. This study investigates the intricate relationship between cryptocurrencies and monetary policy, with a particular focus on their long-term volatility dynamics. We enhance the GARCH-MIDAS (Mixed Data Sampling) through the adoption of the SB-GARCH-MIDAS (Structural Break Mixed Data Sampling) to analyze the daily returns of three prominent cryptocurrencies (Bitcoin, Binance Coin, and XRP) alongside monthly monetary policy data from the USA and South Africa with respect to potential presence of a structural break in the monetary policy, which provided us with two GARCH-MIDAS models. As of 30 June 2022, the most recent data observation for all samples are noted, although it is essential to acknowledge that the data sample time range varies due to differences in cryptocurrency data accessibility. Our research incorporates model confidence set (MCS) procedures and assesses model performance using various metrics, including AIC, BIC, MSE, and QLIKE, supplemented by comprehensive residual diagnostics. Notably, our analysis reveals that the SB-GARCH-MIDAS model outperforms others in forecasting cryptocurrency volatility. Furthermore, we uncover that, in contrast to their younger counterparts, the long-term volatility of older cryptocurrencies is sensitive to structural breaks in exogenous variables. Our study sheds light on the diversification within the cryptocurrency space, shaped by technological characteristics and temporal considerations, and provides practical insights, emphasizing the importance of incorporating monetary policy in assessing cryptocurrency volatility. The implications of our study extend to portfolio management with dynamic consideration, offering valuable insights for investors and decision-makers, which underscores the significance of considering both cryptocurrency types and the economic context of host countries.
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Love, Milton S., Mary M. Nishimoto, Scott Clark, Li Kui, Azivy Aziz, and David Palandro. "A comparison of two remotely operated vehicle (ROV) survey methods used to estimate fish assemblages and densities around a California oil platform." PLOS ONE 15, no. 11 (November 10, 2020): e0242017. http://dx.doi.org/10.1371/journal.pone.0242017.
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Offshore oil and gas platforms have a finite life of production operations. Once production ceases, decommissioning options for the platform are assessed. The role that a platform’s jacket plays as fish habitat can inform the decommissioning decision. In this study, conducted along the crossbeams of a California platform jacket and using an ROV, we compared estimates of fish diversity and densities determined from a targeted “biological” survey with those from a replicated “structural” survey. We found that the water column fish species assemblages characterized by the two methods were similar. By contrast, the two survey methods yielded different species assemblages inhabiting the crossbeam at the platform jacket base. This difference occurred because, at least off California, the platform jacket base species diversity tends to be highest where the bottom crossbeam is undercut, creating sheltering sites for many species. Because the structural method inadequately imaged the seafloor-crossbeam interface, particularly where a gap occurred between crossbeam and seafloor, substantial numbers of fishes were not visible. While we cannot extrapolate from this study to all platforms’ worldwide, it is clear that routine platform structural integrity surveys may be a valuable source for opportunistic marine community surveys. Intentional planning of the structural survey to incorporate relatively minor variations (e.g., maintaining fixed ROV distance from the infrastructure and consistent 90° camera angle) coupled with a deliberate consideration of the platform ecology (e.g., positioning the ROV to capture the seafloor-crossbeam interface) can substantially improve the effects on fish assemblage assessments from routine structural surveys without compromising the integrity assessment. We suggest that these biases should be both acknowledged and, understood when using routine structural surveys to inform platform ecology assessment. Additional consideration may be given to structural surveys that incorporate incremental adjustments to provide better data applicability to biological assessments.
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Chapman, Margaret. "Kangaroos and feral goats as economic resources for graziers: some views from south-west Queensland." Rangeland Journal 25, no. 1 (2003): 20. http://dx.doi.org/10.1071/rj03003.
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Fifteen years ago it was proposed that the conversion of kangaroos from a pest to an economically valuable resource would allow graziers to reduce the numbers of domestic stock and thereby lower total grazing pressure. Since then, little progress towards this goal has been achieved. This is believed to be due mainly to the low prices obtained for kangaroo products. A survey of graziers in south-west Queensland was carried out to discover their opinions on kangaroos as a potential economic resource. Questions on the harvesting of feral goats were also included in the survey because of the contrast this industry provides to kangaroo harvesting in terms of grazier involvement. The results of the survey are discussed in relation to resource ownership rights; kangaroo product prices and marketing; and competition within the kangaroo harvesting industry. They show that while low kangaroo product prices do act as a disincentive to graziers, other administrative, legal and institutional factors are also important impediments to their entry to the industry. It is concluded that until the focus of attention widens to include consideration of these as well as just market factors, little progress will be made towards integrating graziers into the kangaroo harvesting industry.
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Mitrović, Dragan. "Liberty, integrity and the law." Revija Kopaonicke skole prirodnog prava 5, no. 1 (2023): 117–30. http://dx.doi.org/10.5937/rkspp2301117m.
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Consideration of this theme needs a number of previous clarifications. First of all, are liberty as value and as virtue one and the same? Value is the belief that something is good because it is true, right, useful, desirable. There is a dark side though: "no value", which is undesirable or unacceptable. Therefore, the question of what value is cannot be answered with reliability, for it has to do with human judgment which is human's personal, i.e. subjective. In contrast to value, virtue denotes the recognized moral excellence of a person. The majority of intellectual people agree that virtue is the ability of the mind to act in compliance with the highest possible divine and human rules. That action rests on the possession of liberty and personal integrity. The other, the dark side of virtue is vice. Already from this distinction it ensues clearly that virtue is a narrower and more strictly determined kind of value, for not every value is a virtue. To be endowed with virtues means to be highly valued in a positive, not a negative, sense. Evil, too, is valuable, but it is not considered a desirable value, much less a virtue. The task of the law is to prevent the violation of human liberty and personal integrity.
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JAMES, ANDREW C., RASA RUSECKAITE, and TED MADDESS. "Effect of temporal sparseness and dichoptic presentation on multifocal visual evoked potentials." Visual Neuroscience 22, no. 1 (January 2005): 45–54. http://dx.doi.org/10.1017/s0952523805221053.
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Multifocal VEP (mfVEP) responses were obtained from 13 normal human subjects for nine test conditions, covering three viewing conditions (dichoptic and left and right monocular), and three different temporal stimulation forms (rapid contrast reversal, rapid pattern pulse presentation, and slow pattern pulse presentation). The rapid contrast reversal stimulus had pseudorandomized reversals of checkerboards in each visual field region at a mean rate of 25 reversals/s, similar to most mfVEP studies to date. The rapid pattern pulse presentation had pseudorandomized presentations of a checkerboard for one frame, interspersed with uniform grey frames, with a mean rate of 25 presentations/s per region per eye. The slow pattern pulse stimulus had six presentations/s per region per eye. Recording time was 5.3 min/condition. For dichoptic presentation slow pattern pulse responses were 4.6 times larger in amplitude than the contrast reversal responses. Binocular suppression was greatest for the contrast reversal stimulus. Consideration of the signal-to-noise ratios indicated that to achieve a given level of reliability, slow pattern pulse stimuli would require half the recording time of contrast reversal stimuli for monocular viewing, and 0.4 times the recording time for dichoptically presented stimuli. About half the responses to the slow pattern pulse stimuli had peak value exceeding five times their estimated standard error. Responses were about 20% smaller in the upper visual field locations. Space–time decomposition showed that responses to slow pattern pulse were more consistent across visual field locations. We conclude that the pattern pulse stimuli, which we term temporally sparse, maintain the visual system in a high contrast gain state. This more than compensates for the smaller number of presentations in the run, and provides signal-to-noise advantages that may be valuable in clinical application.
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Khokhar, Manmeet Singh, Abhijeet Agashe, Anant Deogaonkar, Tejasvini Alok Paralkar, and Rijuta Joshi. "Ethical Leadership and Corporate Social Responsibility in Diversified Business Groups: a Conceptual Model of Asian and Latin America." Journal of Law and Sustainable Development 11, no. 10 (October 30, 2023): e1850. http://dx.doi.org/10.55908/sdgs.v11i10.1850.
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Purpose: This research provides a brief review which explores theories and concepts in International Business (IB) and management, covering global market dynamics, factors influencing foreign direct investment, the role of national culture in socially responsible policies, decision-making processes, evolving trends in CSR, ethical leadership's relationship with CSR in diverse business groups, and advancements in online communication, simulation games, and enterprise systems. Valuable insights for practitioners and scholars are provided, illuminating the complexities of the dynamic field of business and management.
Design/Methodology/Approach: This research paper employs diverse methodological approaches, including literature review, qualitative analysis, and theoretical modeling, to investigate various aspects of IB and management. Through a qualitative synthesis approach, key themes and findings related to the research topic are identified.
Findings: This research highlights the significance of digital platforms in delivering global consumer value. Cultural differences influence Foreign Direct Investment (FDI) inflows, shaped by host country norms. European SMEs' profitability, responsible conduct, and B2B relationship tendencies are affected by national culture dimensions.
Theoretical Implication: This analysis reveals the impact of digital platforms, cultural differences, and national culture on global markets and international business. It emphasizes ethical leadership, institutional diversity, strategic direction, and human rights.
Managerial Implication: Managerial implications for international business strategies include leveraging digital platforms for value creation, assessing cultural agility competencies in talent identification, considering socio-cultural context in framing victimization experiences, incorporating factors like corruption, contract enforcement, IP protection, and cultural compatibility in FDI decisions.
Industrial Implication: Significant implications found for the industry in utilizing big data, including ethical and legal considerations. Cultural adaptation crucial for FDI strategies and CSR initiatives. Ethical leadership as a competitive advantage for CSR.
Originality and Value: This literature review highlights the significance of cultural adaptation in global markets, exploring the impact of national culture on corporate behavior. It introduces a novel model for ethical leadership and CSR in Digital Platforms and Ecosystems (DPEs). It serves as a valuable resource for researchers, policymakers, and practitioners in the field of International Business, identifying research gaps for future studies.
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Kilborn, Jason J. "Technology and Regulatory Black Holes: Issues in Protecting IP Rights in Insolvency for Both Licensors and Licensees." QUT Law Review 18, no. 2 (February 21, 2019): 290. http://dx.doi.org/10.5204/qutlr.v18i2.767.
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Australia’s insolvency laws have a curious deficiency: There are virtually no provisions on the treatment of ongoing contracts. Such contracts may well represent some of the most valuable assets of a business debtor, small or large, especially in this new era of rapid technological innovation, where tangible property often pales in value to that inherent in intellectual property. Indeed, IP rights are often the nucleus around which a small business’ vitality revolves. The inability of businesses predictably to rely on, manage, and protect license contracts preserving IP rights is a problem that is sure to become more acute in the coming decades, as both the importance of IP rights and the incidence of business insolvency rise. Experience from across the Pacific portends a potential wave of coming disputes involving such rights in developed economies like Australia’s, potentially hitting small entrepreneurs hard and undermining the effectiveness of insolvency proceedings for these crucial debtors and their creditors. This article reveals a proliferation of disputes concerning IP license rights and several salient challenges confronted by both licensors and licensees, debtors and non-debtors, in domestic and cross-border insolvency proceedings in US insolvency proceedings. The common root of these challenges seems to be legislation that did not foresee the rise of IP licensing as a mainstay of modern entrepreneurship. The simple common solution, and a guide for Australian regulators, is more careful consideration of non-obvious pitfalls in laws that preserve IP license rights in insolvency cases to maximise value not only for the parties involved, but for modern societies who increasingly depend on innovation and entrepreneurship.
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Zhang, Liangliang, Ming Chen, Xiaowen Hu, and Lei Deng. "Graph Convolutional Network and Contrastive Learning Small Nucleolar RNA (snoRNA) Disease Associations (GCLSDA): Predicting snoRNA–Disease Associations via Graph Convolutional Network and Contrastive Learning." International Journal of Molecular Sciences 24, no. 19 (September 22, 2023): 14429. http://dx.doi.org/10.3390/ijms241914429.
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Small nucleolar RNAs (snoRNAs) constitute a prevalent class of noncoding RNAs localized within the nucleoli of eukaryotic cells. Their involvement in diverse diseases underscores the significance of forecasting associations between snoRNAs and diseases. However, conventional experimental techniques for such predictions suffer limitations in scalability, protracted timelines, and suboptimal success rates. Consequently, efficient computational methodologies are imperative to realize the accurate predictions of snoRNA–disease associations. Herein, we introduce GCLSDA—graph Convolutional Network and contrastive learning predict snoRNA disease associations. GCLSDA is an innovative framework that combines graph convolution networks and self-supervised learning for snoRNA–disease association prediction. Leveraging the repository of MNDR v4.0 and ncRPheno databases, we construct a robust snoRNA–disease association dataset, which serves as the foundation to create bipartite graphs. The computational prowess of the light graph convolutional network (LightGCN) is harnessed to acquire nuanced embedded representations of both snoRNAs and diseases. With careful consideration, GCLSDA intelligently incorporates contrast learning to address the challenging issues of sparsity and over-smoothing inside correlation matrices. This combination not only ensures the precision of predictions but also amplifies the model’s robustness. Moreover, we introduce the augmentation technique of random noise to refine the embedded snoRNA representations, consequently enhancing the precision of predictions. Within the domain of contrast learning, we unite the tasks of contrast and recommendation. This harmonization streamlines the cross-layer contrast process, simplifying the information propagation and concurrently curtailing computational complexity. In the area of snoRNA–disease associations, GCLSDA constantly shows its promising capacity for prediction through extensive research. This success not only contributes valuable insights into the functional roles of snoRNAs in disease etiology, but also plays an instrumental role in identifying potential drug targets and catalyzing innovative treatment modalities.
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Tangri, Manoj Kumar, and Ajay Krishna Srivastava. "Diagnostic accuracy of saline infusion sonography as compared to hysteroscopy in premenopausal women with abnormal uterine bleeding." International Journal of Reproduction, Contraception, Obstetrics and Gynecology 6, no. 2 (January 31, 2017): 682. http://dx.doi.org/10.18203/2320-1770.ijrcog20170405.
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Background: In patients with abnormal uterine bleeding (AUB), differentiating whether the cause is anovulation or anatomic lesions can be challenging. Transvaginal sonography (TVS) has limitation in form of high false negative rate for diagnosing focal intrauterine pathology. To improve the image in TVS, saline injected into uterine cavity can be used as a negative contrast agent. Aim of our study was to evaluate the clinical value of saline infusion sonography (SIS) by comparing its diagnostic accuracy with that of established gold standard i.e. hysteroscopy.Methods: The study was carried out in a referral and teaching public sector hospital in eastern India from July 2015 to June 2016. Study population consisted of 136 premenopausal women with AUB, who were scheduled to undergo diagnostic hysteroscopy. Patients were first evaluated by sis and then followed by hysteroscopy on a later date.Results: Both SIS and hysteroscopy could be successfully performed in 136 out of 144 patients. When all findings by SIS (any pathological findings in uterine cavity vs. none) were combined and compared with hysteroscopy (gold standard), both sensitivity and specificity of sis were 0.88 whereas PPV and NPV were 0.85 and 0.90 respectively.Conclusions: Because of comparable results obtained by evaluating patients by SIS as well as office hysteroscopy, we recommend saline infusion sonography as a valuable tool for evaluating premenopausal women with abnormal uterine bleeding, before consideration for hysteroscopy.
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Unwin, Patrick R., and Robert W. Unwin. "Humphry Davy and the Royal Institution of Great Britain." Notes and Records of the Royal Society 63, no. 1 (July 28, 2008): 7–33. http://dx.doi.org/10.1098/rsnr.2008.0010.
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The abortive attempts of Sir Humphry Davy to introduce modest reforms at the Royal Society of London during his Presidency (1820–27) contrast with his (largely unstudied) earlier experience of administration at the Royal Institution of Great Britain (RI). Davy's attempts to combat the systemic weaknesses in governance and funding, and his role in effecting changes at the RI, in association with a core group of reformers, merit consideration. This paper analyses important aspects of the early management and social structure of the RI and examines the inner workings of the institution. It shows how and why the Library, its most valuable financial asset, and its celebrated Laboratory, developed along distinctive lines, each with its own support structures and intra-institutional interests. While acknowledging the roles traditionally ascribed to Count Rumford and Sir Joseph Banks, the paper highlights the contributions of other early patrons such as Thomas Bernard, son of a colonial governor of Massachusetts, and Earl Spencer, a leading European bibliophile and RI President from 1813 to 1825. The promotion of a Bill in Parliament in 1810, designed to transform the RI from a proprietary body politic into a corporation of members, and the subsequent framing of the bye-laws, provided opportunities to establish a more democratic structure of elected committees for the conduct of science.
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Ristić, Milica. "The SFRY experience in combating the Variola vera epidemic in 1972: The significance of historical heritage for ex-Yugoslav republics in the circumstances of the COVID-19 pandemic." Zbornik radova Pravnog fakulteta Nis 61, no. 95 (2022): 119–34. http://dx.doi.org/10.5937/zrpfn1-40407.
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The outbreak of the COVID-19 (Coronavirus) pandemic in early 2020 reminded many people in the Balkans of the somewhat forgotten case of Variola vera (small pox) epidemic in the former Socialist Federal Republic of Yugoslavia (SFRY) in 1972. The example of the former Yugoslav state, which managed to conduct fast and effective vaccination of about 18 million citizens and declare the end to the epidemic within two months, has been increasingly emphasized in public. By contrast, the ex-Yugoslav republics have been fighting the (COVID-19 pandemic for the past two years, unsuccessfully for the most part. In this context, the experience of the former SFRY could be valuable and instructive for the successor states in the fight against the current pandemic. In this paper, the author attempts to provide an insight into the regulations that were in force in the SFRY before, during and after the outbreak of the Variola Vera epidemic, both at the federal level and in individual republics. Taking into consideration the historical and political circumstances and the development of new technologies from 1972 to the present time, the author aims to address the following question: is the legal framework of a state the decisive factor in combating serious infectious diseases, or may the non-legal factors prevail over legal regulation and dictate the direction of the epidemic?
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Adams, John, and Roger Brownsword. "Contract, Consideration and the Critical Path." Modern Law Review 53, no. 4 (July 1990): 536–42. http://dx.doi.org/10.1111/j.1468-2230.1990.tb02835.x.
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Erik, Eja Armaz Hardi, and Fauzan Ramli. "ANALISIS PENERAPAN SISTEM PENGUPAHAN BAWON PADA MASA PANEN PADI DALAM PERSPEKTIF EKONOMI ISLAM." Jurnal Ilmiah Manajemen, Ekonomi dan Bisnis 2, no. 3 (October 7, 2023): 171–88. http://dx.doi.org/10.51903/jimeb.v2i3.683.
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The bawon wage system is a system using rice reaping wages, namely (profit sharing). the distribution of bawon is 20% profit sharing for Bawon workers and 80% for rice field owners, the wage system applied in bandar jaya village is 5:1. describes a problem by examining existing data in Bandar Jaya Village, Rantau Rasau District and then analyzing it based on the Islamic Economic Perspective. Using the data collection method, observation, interviews, and documentation were found. From the results of this study, it was found that: (1) in Bandar Jaya Village, the bawon system was considered a very suitable wage system compared to daily and piece rate wages. They considered the value of rice to be more valuable than rice. other than that money for rice that has good quality can be made as seeds. And for owning land the bawon system can reduce the risks that might occur, such as fraud and the quality of work and the bawon system also strengthens the brotherhood of mutual help between landowners and Bawon workers. (2) seen from the Perspective of Islamic Economics The "bawon" wage system that has been used by farmers in Bandar Jaya Village, Tanjung Jabung Timur District, is a rice farming wage system that begins with a work agreement, categorized as valid and justifiable, although there is an element of ambiguity in wages because it is not yet known the full yield of the crop. However, the previous rice field owner was able to estimate the yield he would get. With other considerations, the practice of the bawon/wages contract is valid according to Islamic law because it is in accordance with the rules,
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Jaffey, A. J. E. "Contract in tort's clothing." Legal Studies 5, no. 1 (March 1985): 77–103. http://dx.doi.org/10.1111/j.1748-121x.1985.tb00323.x.
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Normally one person is not obliged to confer a benefit on another unless he has promised to do so. Even if he did promise to confer the benefit, he will not normally be liable for failing to confer it if the promisee gave no consideration for the promise. Moreover even if the promisee did give consideration, a third party, who did not, but for whom the benefit was intended, cannot sue. In principle the same applies where a party provides another with some article or service. The recipient cannot complain that the article or service is not good enough, unless the other party promised, for consideration, to provide the thing or service, and what is provided falls below the quality promised. So actions based on the failure to confer a benefit, or sufficient benefit, normally lie in contract.
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Kamiya, Takahiro, and Joseph E. Hazel. "Shared versus derived characters in the pore-system of <i>Loxoconcha</i> (Ostracoda, Crustacea)." Journal of Micropalaeontology 11, no. 2 (December 1, 1992): 159–66. http://dx.doi.org/10.1144/jm.11.2.159.
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Abstract. Ontogenetic development of the pore-systems of two species of Loxoconcha, phytal L. japonica and bottom-dwelling L. uranouchiensis, were examined. Adult pore-systems differ between the two species in number and distribution of “smooth”-type bristles, the basal structure of “twisted”-type bristles and the existence of microhairs. These specific features start to differentiate after the A-2 or A-3 juvenile stage, a fairly late moulting stage, and continue to differentiate until the adult stage. These characters are identified as lower phylogenetic ones based on the ontogeny-phylogeny relationship. The result is consistent with the estimate that the characters were regarded as adaptive and specialized through the consideration of their function to the respective habitats. The mode of increase of the two types of pore-systems was revealed. The “twisted”-type bristle, whose number is common between the two species at all stages, reaches the final number, except for one, at the A-3 juvenile stage. In contrast, the “smooth”-type bristle continues to increase in number until adult stage, and, as mentioned above, the specific differences become more obvious as the moulting stages advance. This type of pore-system is valuable for specific differentiation. Two types of pore-system that differ from each other in the pattern of increase were recognized in other ostracod taxa. The two types of pore-systems have different significance in ostracod taxonomy and the recognition of the type is indispensable for future taxonomy.
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Fernández, Jesús Manuel Villegas, and Victoria Rodríguez-Blanco. "The Independence of the Judiciary: Meaning and Threats." Juridica International 31 (October 25, 2022): 90–97. http://dx.doi.org/10.12697/ji.2022.31.06.
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What an ‘independent’ judiciary means in a democratic society is a complex question, bringing in such elements as the governing of high courts, recruitment of judges, and their susceptibility to disciplinary action. Those subjects are not isolated items but components of a wider system, with its functioning ruled by political principles. Therefore, it is essential to identify the ideological conceptions beneath the diverse theses offered. The paper examines recent events in Poland and Spain that offer valuable data to illustrate the problem. In synthesis, two broad theoretical tendencies emerge: on one side, judges ought to be controlled by politicians, at least to a certain extent, in aims of safeguarding the democratic foundations of the Constitutional legal frame; on the other side, the emphasis is on judicial self-government as a means of preserving courts from corruption associated with pressure exerted by political, economic, or social lobbies. The paper presents a proposed solution to the controversy, involving characterisation of the minimum standards for a free judiciary in a democratic legal order, and for detecting the risks inherent to both politicisation and corporatism. The model is constructed by means of legal methodology that entails comparison among legal systems of different sorts in light of international documents, among them reports by the Council of Europe. A particularly significant contrast is visible in the distance between Continental and Common Law traditions, illuminated via consideration also of the United States.
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Isaac, Nithin, and Akshay Kumar Saha. "Analysis of Refueling Behavior Models for Hydrogen-Fuel Vehicles: Markov versus Generalized Poisson Modeling." Sustainability 15, no. 18 (September 8, 2023): 13474. http://dx.doi.org/10.3390/su151813474.
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This paper presents an analysis of two methodologies that can be used to predict refueling behavior. Both models aim to provide insights into hydrogen-fuel vehicle users’ refueling patterns and behaviors. The first model leverages probabilistic transitions between refueling states to simulate and predict the refueling behavior of hydrogen vehicle users. In contrast, the GP-1 model employs Gaussian processes to capture the underlying patterns and uncertainties in hydrogen-fuel vehicle refueling behavior, taking into consideration additional factors such as weather conditions and the time of the year. The model demonstrates statistical significance and accuracy in predicting trips while identifying the insignificance of precipitation and high ambient temperatures. The methodologies, findings, strengths, and limitations of the two models were tested and compared to identify their relevant contributions. By contrasting their methodologies and evaluating their predictive performance, using performance metrics such as accuracy, precision, and recall values, this study provides valuable insights into the strengths and limitations of each approach. Limitations include assuming a stationary refueling process and excluding external factors and limitations related to data availability, as well as the absence of a specific focus on hydrogen-fuel vehicles. By understanding the differences and similarities between these two models, this paper aims to provide a unique perspective on gaps and further requirements for accurate prediction and modeling of refueling behavior to guide policymakers, infrastructure planners, and stakeholders in making informed decisions regarding the design and optimization of hydrogen refueling infrastructure.
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Alharbey, Mohammed, Turki Mohammed Alfahaid, and Ousama Ben-Salha. "Asymmetric volatility spillover between oil prices and regional renewable energy stock markets: A time-varying parameter vector autoregressive-based connectedness approach." AIMS Mathematics 8, no. 12 (2023): 30639–67. http://dx.doi.org/10.3934/math.20231566.
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<abstract> <p>The rapid expansion of renewable energy sources and their integration into the energy mix has generated scholarly interest in comprehending the interplay between renewable and conventional energy markets. This research aims to examine the (a)symmetric volatility spillover between the oil market and various regional renewable energy stock markets, namely the US, Europe and Asia. To achieve this objective, we employ the time-varying parameter vector autoregressive-based connectedness (TVP-VAR) approach, which allows analysing the interconnection and transmission of shocks between the different markets. Based on an analysis of daily data relative to the different regional renewable energy stock markets and international oil prices, the findings suggest the presence of a dynamic volatility connectedness between the green and brown energy stock markets. The extent of connectedness is contingent upon the specific regional renewable energy market under consideration. Moreover, the decomposition of the volatility series into <italic>good</italic> and <italic>bad</italic> volatility emphasizes an asymmetric pattern, which becomes more pronounced during periods of major events. On average, the oil market and the Asian renewable energy stock market are net receivers of volatility shocks. In contrast, the US and European renewable energy stock markets are net transmitters of shocks. Our findings provide investors with valuable insights for portfolio design and risk management decisions.</p> </abstract>
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Neifar, Souhir, Khamoussi Halioui, and Fouad Ben Abdelaziz. "The motivations of earnings management and financial aggressiveness in American firms listed on the NASDAQ 100." Journal of Applied Accounting Research 17, no. 4 (November 14, 2016): 397–420. http://dx.doi.org/10.1108/jaar-05-2014-0051.
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Purpose The purpose of this paper is to examine the motivations of earnings management and financial aggressiveness levels in the big 100 companies listed on the NASDAQ 100 after the 2007 financial crisis. Design/methodology/approach This paper uses two samples. The first contains 471 observations of 100 companies listed on the NASDAQ 100 for the period 2008-2012 and is used to examine the motivations of earnings management. The second represents 282 observations of companies listed on the NASDAQ 100 that use financial aggressiveness. The authors use a panel data model to analyze the effects of four explanatory variables (corporate governance structure, CEO compensation, CEO characteristics and audit fees) on both earnings management and financial aggressiveness levels. Findings The results of the investigation show the significant impact of corporate governance structure, CEO compensation, CEO characteristics and audit fees on reducing the earnings management and financial aggressiveness levels. Research limitations/implications The findings can be valuable to both investors and researchers. For researchers, the present work may help in explaining the motivations of earnings management and financial aggressiveness practices used by large American firms after the 2007 US financial crisis. For investors, this study serves to highlight the critical importance of corporate governance, CEO compensation and CEO characteristics in limiting such behaviors. Thus, investors are recommended to account for such variables in order to make effective investment decisions. As an extension to this study, researchers might consider other CEO psychological variables. Other market indices could also be considered in order to generalize and validate the results of the research. Practical implications Investors must take into consideration the corporate governance structure and ask for supplementary information about CEO characteristics to ensure better investment decisions. Originality/value In this paper, and in contrast to previous research, the authors test the impact of corporate governance structure, CEO compensation, CEO characteristics and audit fees together on the level of both earnings management and financial aggressiveness behavior for large US non-financial firms after the 2007 financial crisis. The authors show that older CEOs use less earnings management and financial aggressiveness. The findings can be valuable to investors, managers and regulators because they have implications for their interactive decision-making process.
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Laily, Almadani Durotul. "Analyzing Context Clues in Novel Based on Bauman's Theoretical Framework." Journal of Linguistics and Social Sciences 1, no. 2 (September 29, 2023): 51. http://dx.doi.org/10.24042/jlss.v1i2.18335.
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Context clues are valuable tools employed by authors to assist readers in comprehending unfamiliar or complex vocabulary. These clues, whether intentionally or inadvertently provided, facilitate the reader's understanding and interpretation of the word in question. Drawing upon Bauman's theoretical framework, the present study sought to investigate the diverse contextual cues utilized by the author within the literary work entitled "Jet Black and the Ninja Wind." The primary objective of this investigation was to gain a comprehensive understanding of the semantic nuances associated with unfamiliar lexical items employed in the literary work "Jet Black and the Ninja Wind." Additionally, this study aimed to identify and analyze the predominant types of contextual cues prominently present within the book above. In this study, a descriptive qualitative approach was utilized by the researcher. The data collection method employed in this study involved the utilization of documentation as a means to gather relevant information. The human instrument, the researcher herself, was utilized as the primary instrument in this research endeavor. The data analysis process in this study consisted of three distinct stages: data condensing, data displaying, and conclusion drawing. Investigator triangulation was also employed in this study to corroborate and substantiate the findings derived from the comprehensive analysis of the collected data. After conducting an extensive examination of Jet Black and the Ninja Wind, 56 unfamiliar terms were identified. These terms were subsequently categorized into four distinct groups, taking into consideration contextual clues that suggested each group possessed a particular semantic significance. The categorization of context hint types encompasses inference/general cues, synonym/restatement clues, antonym/contrast clues, and definition/explanation clues. In the literary work entitled "Jet Black and the Ninja Wind," the author predominantly utilized various types of context clues, including but not limited to synonym/restatement clues, inference/general hint clues, definition/explanation clues, and antonym/contrast clues.
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Ilg, Michael. "Contract Variation and Changed Expectations." McGill Law Journal 66, no. 1 (September 30, 2021): 175–209. http://dx.doi.org/10.7202/1082058ar.
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The much-maligned rule in Stilk v. Myrick, in which fresh consideration is required for a contract variation to be enforceable, is giving way across many common law jurisdictions. The purpose of this article is not to defend the doctrine of consideration from its critics, but rather to suggest that its replacement, the doctrine of economic duress, is a cure that is worse than the disease. The consideration requirement has been displaced without sufficient attention to the complementary role of promissory estoppel. By consequence, the flexibility advantages offered by equity may be circumscribed by an overly permissive view of contract variation. When both contract variations and suspensions are considered, the model of economic duress is found to be morally unpersuasive and economically inefficient. This article proposes that the modernization of the law of contract variation should be based on a model of changed expectations, wherein the parties’ expectation of performance can be varied by gratuitous promises, but these gratuitous promises are revocable with reasonable notice.
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Doherty, Neil A., and Harris Schlesinger. "Rational Insurance Purchasing: Consideration of Contract Nonperformance." Quarterly Journal of Economics 105, no. 1 (February 1990): 243. http://dx.doi.org/10.2307/2937829.
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Brinkworth, Keith, and D. P. Powell. "Contract and Consideration: A New Commercial Reality?" Business Law Review 12, Issue 1 (January 1, 1991): 5–7. http://dx.doi.org/10.54648/bula1991002.
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Shinozaki, Masami. "A Consideration of “Family as a Contract”." Kazoku syakaigaku kenkyu 15, no. 1 (2003): 5–6. http://dx.doi.org/10.4234/jjoffamilysociology.15.5.
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Benedict, Jörg. "Consideration Formalismus und Realismus im Common Law of Contract Consideration Formalismus und Realismus im Common Law of Contract." Rabels Zeitschrift für ausländisches und internationales Privatrecht 69, no. 1 (2005): 1. http://dx.doi.org/10.1628/0033725054397480.
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Ben Rebah, Hassen, and Rachid Ben slama. "The educational effectiveness of serious games." Médiations et médiatisations, no. 2 (November 15, 2019): 131–55. http://dx.doi.org/10.52358/mm.vi2.97.
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A serious game is a computer application that combines a serious intention of a pedagogical, informative and a communicational type with playful springs of the video game (want to win, collaboration, competition, strategy). This two-dimensional approach has transformed the game from a simple means of entertainment to a robust-integrated tool growing in the world of training and learning. Serious games include the engagement of video games with the worlds of educational and computer simulation to integrate the user in a safe and entertaining learning environment. Many techniques have been used to ameliorate computer graphics and technology in the last few years to make this type of game more adaptive to the learning context. In this study, we are interested in presenting the pedagogical contributions of serious games as well as the different possible approaches of their integration in a learning situation and this is based on a variety of case studies and examples of experimentation. We will start with definitions of other video games that have some valuable characteristics of learning in order to contrast and relate them with serious games. Subsequently, we discuss the definition of serious game and the benefits of its use in education. We will, then, examine approaches to integrate serious games into classrooms with an emphasis on the assets and liabilities of each approach. To finish, we conclude on the trends that will follow the serious games technology in the educational field as well as some recommendations to be taken into consideration in order to better exploit these tools in a pedagogical context.
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Bitsaktsis, Constantine, and Kari Wiedinger. "Isotype-specific outcomes in Fc gamma receptor targeting of PspA using fusion proteins as a vaccination strategy against Streptococcus pneumoniae infection." Journal of Immunology 204, no. 1_Supplement (May 1, 2020): 168.11. http://dx.doi.org/10.4049/jimmunol.204.supp.168.11.
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Abstract Streptococcus pneumoniae (Spn) remains a considerable threat to public health despite the availability of antibiotics and polysaccharide conjugate vaccines. The lack of mucosal immunity in addition to capsular polysaccharide diversity, has proved to be problematic in developing a universal vaccine against Spn. Targeting antigen to Fc receptors is an attractive way to augment both innate and adaptive immunity against mucosal pathogens. The effect of targeting Fcγ receptors (FcγR) is highly influenced by the IgG subclass, which bares differential affinities for activating and inhibitory FcγR. In the current study we demonstrate targeting activating FcγR with fusion proteins consisting of PspA and IgG2a Fc enhance PspA-specific immune responses, and effectively protect against mucosal Spn challenge. Specifically, targeting PspA to FcyR polarized alveolar macrophage to the AM1 phenotype and increased conventional dendritic cell subsets in the lung in addition to augmenting Th1 cytokines and PspA-specific IgG and IgA. In contrast, fusion proteins consisting of PspA fused to the IgG1 Fc provided minimal benefit as a result of interaction with the inhibitory FcγRIIB. Protective efficacy of the IgG1 fusion protein was significantly enhanced in animals deficient for FcγRIIB accompanied by increased B cell maturation and proliferation levels in these animals. These studies demonstrate FcγR targeting is an effective strategy for inducing potent cellular and humoral responses via mucosal immunization with Fc fusion proteins, however, careful consideration of the Fc region utilized, is required. Fc-engineering with specific attention to FcγRIIB engagement presents a valuable vaccine strategy for protecting against Spn infection.
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Udin, Wani Sofia, and Nur Alya Shalina Ross Kenedy. "Determination of Land Cover Changes and Land Use Potential of Lojing, Gua Musang Using GIS and Remote Sensing." BIO Web of Conferences 73 (2023): 04002. http://dx.doi.org/10.1051/bioconf/20237304002.
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A valuable tool for identifying changes in land cover is remote sensing (RS) and geographic information systems (GIS). Increased socioeconomic activity, particularly in agriculture and logging in the Lojing highlands, has led to changes in the land use in Gua Musang. The research area is in Lojing, which is located between latitudes of N 4° 52' 12.52'' to N 4° 49' 31.26'' and longitudes of E101° 48' 49.62'' to E101° 48' 49.62'‘. This research focused on land cover changes of Lojing which were determined using Landsat 4-5 TM satellite imageries within a time interval of year 2009 and 2019. To ascertain land use changes in the research area and its environs, Maximum Likelihood Classification (MLC) was chosen as the classification technique. Results indicate that the agriculture occupy the greatest area. Over the past ten years, forest area has fallen by 15.555 % while agricultural land has expanded by 9.987 %. In contrast, vegetation has grown by 3.764 %, while the extent of barren land has increased by 2.108 % since 2009. The GIS-based weighted overlay method (WOM) was used to build the land use potential map for the Lojing area to ensure the best possible land use. Due to its topography, geology, and climate, the study area has a high potential for conversion to agricultural land, according to Landsat satellite analysis. As a conclusion, an important data source for research on regional planning is the determination of land use potential by taking the capability of the land and other features into consideration.
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Zhao, Jing. "CEO employment contract heterogeneity and acquirer risk-taking." Corporate Ownership and Control 20, no. 3 (2023): 8–31. http://dx.doi.org/10.22495/cocv20i3art1.
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This study analyses a hand-collected, unique dataset on chief executive officer (CEO) employment contract details for S&P 500 companies over the period of 1993–2005. To control for the sample selection issue associated with firms granting a CEO contract, the study estimates the Heckman Selection model. The study finds substantial heterogeneity in contract provisions and their impact on acquirer risk-taking in mergers and acquisitions (M&As). More specifically, contract provisions that provide job and compensation security and equity incentives appear to encourage valuable risk-taking. In contrast, bureaucratic type provisions (automatic contract renewals; lack of equity incentives) motivate risky but value-decreasing deals. Further, more refined definitions of just cause for dismissal enhance valuable risk-taking, possibly by reducing contract ambiguities and the resulting disputes, whereas just causes based upon personal conduct reduce valuable risk-taking. This paper shows how heterogeneous contract provisions reflect the optimal contracting process in a competitive market for CEO talent versus managerial power over complacent boards, highlighting the importance of understanding contract complexity and heterogeneity in designing efficient contracts to enhance shareholder value and achieve strategic corporate goals.