Academic literature on the topic 'Title claims'
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Journal articles on the topic "Title claims"
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Weiss, E. "Grosch Claims Title of "Oldest Living Computer"." IEEE Annals of the History of Computing 18, no. 1 (1996): 70. http://dx.doi.org/10.1109/mahc.1996.476567.
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Prescott, Victor, and Stephen Davis. "Aboriginal I Claims to Seas in Australia." International Journal of Marine and Coastal Law 17, no. 1 (2002): 1–31. http://dx.doi.org/10.1163/157180802x00251.
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AbstractIn 1992 the famous judgment in the Mabo (No.2 case), in the High Court of Australia, determined that the common law of Australia recognised and protected native title claims in accordance with traditional laws and customs. Within six years nearly 800 claims had been lodged with the Native Title Tribunal and 70 per cent of them were in Queensland and Western Australia. Nearly one-third of those claims included areas of sea. Before 1992 scholars had demonstrated that clan estates included marine sections along tropical coasts. Only two claims to seas or sea-bed have been tested in the courts. This paper reviews five questions that will recur in future similar cases. They deal with the location of claims, their possible extent, the evidence that will justify them, the delimitation of successful claims and accommodations regarding the use of claimed seas between indigenous and other peoples.
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Casey, Bryan. "Title 2.0: Discrimination Law in a Data-Driven Society." Journal of Law and Mobility 2019 (2019): 36–52. http://dx.doi.org/10.36635/jlm.2019.title.
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More than a quarter century after civil rights activists pioneered America’s first ridesharing network, the connections between transportation, innovation, and discrimination are again on full display. Industry leaders such as Uber, Amazon, and Waze have garnered widespread acclaim for successfully combatting stubbornly persistent barriers to transportation. But alongside this well-deserved praise has come a new set of concerns. Indeed, a growing number of studies have uncovered troubling racial disparities in wait times, ride cancellation rates, and service availability in companies including Uber, Lyft, Task Rabbit, Grubhub, and Amazon Delivery. Surveying the methodologies employed by these studies reveals a subtle, but vitally important, commonality. All of them measure discrimination at a statistical level, not an individual one. As a structural matter, this isn’t coincidental. As America transitions to an increasingly algorithmic society, all signs now suggest we are leaving traditional brick and-mortar establishments behind for a new breed of data-driven ones. Discrimination, in other words, is going digital. And when it does, it will manifest itself—almost by definition—at a macroscopic scale. Why does this matter? Because not all of our civil rights laws cognize statistically-based discrimination claims. And as it so happens, Title II could be among them. This piece discusses the implications of this doctrinal uncertainty in a world where statistically-based claims are likely to be pressed against data-driven establishments with increasing regularity. Its goals are twofold. First, it seeks to build upon adjacent scholarship by fleshing out the specific structural features of emerging business models that will make Title II’s cognizance of “disparate effect” claims so urgent. In doing so, it argues that it is not the “platform economy,” per se, that poses an existential threat to the statute but something deeper. The true threat, to borrow Lawrence Lessig’s framing, is architectural in nature. It is the algorithms underlying “platform economy businesses” that are of greatest doctrinal concern—regardless of whether such businesses operate inside the platform economy or outside it. Second, this essay joins others in calling for policy reforms focused on modernizing our civil rights canon. It argues that our transition from the “Internet Society” to the “Algorithmic Society” will demand that Title II receive a doctrinal update. If it is to remain relevant in the years and decades ahead, Title II must become Title 2.0.
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Gerber, Lisa. "Aldo Leopold's “Great Possessions”." Environmental Ethics 40, no. 3 (2018): 269–82. http://dx.doi.org/10.5840/enviroethics201840324.
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In environmental ethics, the conception of possession is generally criticized, since land, plants, and animals should not be objectified, controlled, or owned. Yet, Aldo Leopold planned to title A Sand County Almanac “Great Possessions.” His title emphasized a point that Leopold thought important. In contrast to a sense of possession as domination, Leopold articulates a deeper, moral sense of possession in which the person claims and is claimed by others. For example, not only does Leopold claim his pines, his wife, and his chickadees, but he is also claimed by them. In this sense, possession is an act of love, care, and willingness to work on the behalf of others with passion and commitment. This sense of possession is worthy of our understanding and our emulation.
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Edmunds, Mary. "Managing Conflict Through Native Title Claims in Australia." Anthropology News 48, no. 8 (November 2007): 11. http://dx.doi.org/10.1525/an.2007.48.8.11.
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Singh, Krittika, and Timo Koivurova. "The South China Sea Award: Prompting a Revived Interest in the Validity of Canada’s Historic Internal Waters Claim?" Yearbook of Polar Law Online 10, no. 1 (2019): 386–412. http://dx.doi.org/10.1163/22116427_010010017.
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In the South China Sea Arbitration 2016, the Tribunal ruled on the criteria to determine the historic status of waters. Historic title claims are exceptional as they create rights and obligations outside the United Nations Convention on the Law of the Sea (UNCLOS). This article examines the Canadian historic title claim to the Northwest Passage in light of the ruling. First, the article will go into the Tribunal’s analysis of the criteria and standard of evidence required for establishing a historic rights/title claim (specifically, China’s claim in the South China Sea). Next, Canada’s claim will be tested against the three general criteria (effective exercise of jurisdiction, passage of time and acquiescence by foreign states). The goal of this article is to highlight the positive and negative aspects of Canada’s historic internal waters claim.
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Woodhead, Charlotte. "The Changing Tide of Title to Cultural Heritage Objects in UK Museums." International Journal of Cultural Property 22, no. 2-3 (August 2015): 229–57. http://dx.doi.org/10.1017/s0940739115000181.
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Abstract:UK museums are required to present themselves as the ethical guardians rather than simply the owners of their collections (Museums Association Code of Ethics principles 1.0 and 1.3). Museums which are members of the International Council of Museums are required, when acquiring objects for their collections, to ensure that they obtain valid title, rather than simply strict legal title, to the object (ICOM Code of Ethics, principle 2.2). This notion of valid title focuses on the relationship between the current possessor (the museum) and the object. However, one can also see the concept of claimants having moral claims to cultural heritage objects developing in the context of the notion of the “rightful owner” which is a term increasingly deployed to signify the person who has a valid moral, rather than legal, claim to the cultural heritage object (Seventh Report of the Culture Media and Sport Select Committee 1999-2000 [193]).Since 2000 the UK has introduced mechanisms to resolve, in limited circumstances, moral claims to cultural objects of which their owners were dispossessed during the Nazi era. This paper analyses the way in which a concept of moral title can be seen to have developed in the context of the resolution of Nazi era claims by the UK’s Spoliation Advisory Panel. To this end the paper analyses: how far the moral entitlement is linked with the legal title to the object; and whether moral title arises from the morally abhorrent dispossession that befell the claimant or his ancestor or whether it results from the recommendation of the Spoliation Advisory Panel. It is argued that the development of the notion of moral title poses challenges for the future, but an understanding of its role may also inform the resolution of disputes involving cultural heritage objects outside the context of the Nazi era.
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Trigger, David, and Robert Blowes. "Anthropologists, Lawyers and Issues for Expert Witnesses: Native Title Claims in Australia." Practicing Anthropology 23, no. 1 (January 1, 2001): 15–20. http://dx.doi.org/10.17730/praa.23.1.787151073p934186.
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Social scientists such as anthropologists, linguists and historians play an important role in researching and producing genealogies, reports and other claim materials which are submitted as evidence in native title claims. Being expert witnesses for Aboriginal claimants (or any other party) means that they may also be cross-examined on their evidence by opposing counsel. The recent Federal Court decision Daniel v State of Western Australia (the ‘Daniel case’2) highlights the need to carefully manage communications which occur in the course of researching, documenting and conducting native title claims; the case raises the issue of avoiding (or delaying) the loss of the protection of ‘client privilege’3 for confidential documents such as anthropological field notes and other primary research materials. The central issue is whether various documents can be kept confidential, and if so, for how long.
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Hunt, M. W. "NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION." APPEA Journal 39, no. 2 (1999): 107. http://dx.doi.org/10.1071/aj98065.
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This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.
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Dixon, Yvonne T. ""NLRB Perspective: Gilmer and Title VII Claims"." Journal of Individual Employment Rights 2, no. 4 (January 1, 1993): 293–303. http://dx.doi.org/10.2190/gehc-wd8k-a1t8-fu5c.
Full textDissertations / Theses on the topic "Title claims"
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Wheeler, Sally Elizabeth. "Retention of the title clauses : impact and implications." Thesis, University of Oxford, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.385704.
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Aitken, Kristin P., and n/a. "The settlement of indigenous peoples claims to natural resources : the Sealords deal." University of Otago. Department of Geography, 1993. http://adt.otago.ac.nz./public/adt-NZDU20070601.113012.
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The settlement of the claim to fisheries by Maori is a political milestone. The Sealords Deal (the Deal) as it is commonly known, is the first settlement in New Zealand which extinguishes Maori claims to a particular resource. It affects all iwi and proposes the development of a process for the allocation of benefits. As such it needs to be considered in terms of other post-colonial nations� experiences in the resolution of claims to natural resources.
Canada, the United States and Australia provide examples of different attitudes and approaches to the resolution of claims to natural resources by their indigenous populations. A typical history of the resolution of claims to natural resources in post-colonial nations begins with initial European contact, followed by increased numbers of settlers which places pressure on governments and the judiciary to justify the acquisition and exploitation of land and other resources. This leaves the indigenous population landless and welfare dependent.
This pattern is reflected in judicial decision-making. In New Zealand, the courts initially acknowledged that the rights of Maori to their lands and other resources, existed unless specifically taken away. When pressure for acquisition of land occurred the courts responded by holding that Maori rights to resources only existed if specifically granted by a court or the legislature. This reversed the original presumption of existence of a right unless taken away.
It has only been recently that the New Zealand judiciary has reaccepted the common law doctrine of aboriginal title. This brings New Zealand more in line with Canada and the United States, but New Zealand still has some way to go in acknowledging the doctrine of fiduciary obligation of the Crown/government to Maori.
It is also helpful to analyse the changes that have taken place in governments� policies that have enabled the creation of an enviroment in which such a settlement can take place. The Labour governments of 1984 and 1987 began a number of policy initiatives which created a socio-economic climate and responsive enviroment favourable to the settlement of such a claim.
Changes are also occurring internationally. Indigenous people�s rights are coming to the fore with the proposed Universal Declaration on Indigenous Rights nearly in place.
All this change at a national and international level has only been possible by post-colonial nations acknowledging their past in order to move to the future with confidence. The Sealords Deal is an example of an attempt by Maori and the New Zealand government to make this move forward.
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Brazenor, Clare. "The spatial dimensions of Native Title." Connect to thesis, 2000. http://eprints.unimelb.edu.au/archive/00001050.
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Ferraro, Anthony. "Victims of more than just bias gender's influence on jury awards and other monetary benefits in workplace sexual harassment claims." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/551.
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The main objective in this research was to examine the extent to which gender and gender biases influence monetary benefits received, including jury award amounts, in workplace sexual harassment claims. Two methods were utilized to explore the discrepancies in monetary benefits received based on gender differences. The first method used was a survey to test various gender attitudes, attitudes on sexual harassment, and how influential a victim's gender was on determinations of damage award amounts in sexual harassment cases. 6 two-way factorial univariate between-subject analyses of variance (ANOVAs) were used to analyze the survey data. The second method in this project consisted of an examination of claims filed by victims of sexual harassment. Equal Employment Opportunity Commission statistics were broken down by gender with respect to resolution type. This provided a means to assess the actual monetary benefits received by both men and women across all possible forms of claim resolutions. In conjunction, these two methods provide a more balanced approach to the assessment of gender discrepancies in sexual harassment claims. Using a combination of actual claims of sexual harassment and survey data, rather than just one or the other, allows for direct comparison between perception and reality. The comparison of perception and reality allows for a more complete assessment of the state of sexual harassment claims as they relate to victim's gender. With a more complete assessment of sexual harassment claims and perceptions of sexual harassment it may be possible to bring to light potential injustices caused by gender or gender stereotyping, and correct any imbalances that may be present.B.A. and B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Johnston, Paul. "A crime novel (title redacted): from theory to publication." Thesis, University of St Andrews, 2014. http://hdl.handle.net/10023/4186.
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The first part of the thesis comprises Chapters 1 to 40 of the novel, written under a pseudonym, followed by a synopsis of the remaining chapters, 41 to 155. The potential jacket copy will refer to the protagonists, a male and a female detective. The second part of the thesis is a critical study of the novel. Literary theory and critical methods are used to investigate the writing process and to explicate the text’s layers of meaning, not all of which were clear to the author at the time of writing. Chapter 1 considers literary and creative writing theory, paying particular attention to conceptualisations of author and reader. In Chapter 2, the chosen pseudonym is explained and compared with those of other authors; the novel’s title is also examined. Chapter 3 covers the issue of genre, looking at theories and discussing both crime novel and Gothic fiction. In Chapter 4, critical approaches to character are applied. Chapter 5 does the same with plot. Chapters 6 and 7 take account of the manifestations of power. Chapter 6 covers the body and gender, while Chapter 7 deals with race and class. As a conclusion, Chapter 8 describes how the first draft was transformed to one acceptable for publication.
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Murphy, Jennifer. "An Investigation of the Effects of Class Size on Student Achievement in Title I Elementary Schools: A Mixed Methods Study." VCU Scholars Compass, 2010. http://scholarscompass.vcu.edu/etd/2171.
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This was a multi-faceted mixed methods study that investigated several aspects associated to class size and the perceived effects on student achievement in Title I elementary schools. The data collection in this study was conducted through two separate phases. The first qualitative phase was a case study that was comprised of teacher interviews and classroom observations. The case study took place at a Title I school in Central Virginia, chosen for its diverse representativeness of the student population. Classroom interactions were coded during five-minute segments in each full-day classroom observation, as well as field notes made for specific types of instructional methods being used within each Title I classroom: individualized instruction, small group instruction, connecting personally with students, and incorporating technology into daily instruction. While a majority of the interactions within each classroom were positive, patterns emerged within the negative interactions that occurred. Interview responses indicated that the perceived ideal class size for Title I schools is 12-18 students, as well as provided explanations behind the perceived effects of class size on student achievement. Findings from the first phase were used to create a survey that was distributed during the second qualitative phase of this study. This survey was distributed to the larger Title I teacher population within the same school district to generalize the findings from the case study. Finally, systematic student assessment data was collected to compare the perceived effects of class size to the observed effects of class size on student achievement data. Although the findings from the student achievement data were inconclusive, there were several factors associated to class size that are discussed to explain the observed effects on student achievement data in the case study Title I school.
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Jack, Katy Samantha. "Decline and fall : the earls and earldom of Mar c.1281-1513." Thesis, University of Stirling, 2016. http://hdl.handle.net/1893/25815.
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The subject of this study is the earls and earldom of Mar c.1281-1513. Chapter 1 provides a description and analysis of the internal structure and administration of Mar, detailing the lands contained within each of Mar’s lordships and their respective caputs. This is supplemented by a breakdown of the Mar rental yields between 1435 and 1565, sourced from various accounts contained within the Exchequer Rolls. Chapter 2 charts the political development of the early earls and earldom of Mar between c.1281 and 1388. It is argued that the earldom suffered from extended periods of absentee lordship, instigating a decline in the earldom’s fortunes and importance, only interrupted by a brief revival between 1388 and 1435. Chapter 3 is concerned with the fortunes of Mar under the control of Mar’s only female countess to rule in her own right, Isabella Douglas, sister of James Douglas, 2nd earl of Douglas and Mar. The chapter draws particular attention to her attempts to consolidate her authority in the wake of debates surrounding the Douglas inheritance after 1388, and her response to Albany Stewart interference in her earldom between 1402 and 1404. In doing so, it presents an alternative interpretation of Countess Isabella’s role in the coup of 1404 led by Alexander Stewart, son of Alexander Stewart lord of Badenoch. This chapter also explores the issue of female authority, and argues that the proactive policies of Countess Isabella have been largely ignored in the historiography of the period. Chapter 4 provides an assessment of the earls and earldom of Mar from 1435-1513. Building on the examination of the career of Alexander Stewart, earl of Mar contained in chapter 3, this chapter explores the political ramifications of his death and the attempts by both the Erskines and the Lyles to secure their Mar inheritance. Their decision to court the Forbes family in a bid to secure local support for their claims highlights the hitherto underemphasized importance of this family as the font of local authority, and draws attention to the effect of Stewart’s death on the exercise of local lordship in Mar. Taken together, these four chapters will challenge current perceptions of Mar’s geographical development and political decline between c.1281 and 1513.
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Egelius, Eric, and Anna Methander. "Evaluation of the Variance in the Premium Provision Estimate : Handling Inhomogeneous and Decreasing Risk in Premium Provision Purposes." Thesis, Umeå universitet, Institutionen för matematik och matematisk statistik, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-184554.
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The costs related to events of losses within non-life insurance are stochastic and a prerequisite of running a successful insurance business is to predict risks and future costs. From both a business- and regulatory perspective, it is of high interest to have a genuine understanding of the precision and the sensitivity of the estimated costs and future risks. This thesis aims to provide an alternative procedure of how to estimate the costs related to the future and, above all, the variance, in the case of dealing with inhomogeneous and decreasing risk. The procedure is based on a separate modeling of the claim frequency and the claim severity, that later can be combined to yield a total cost distribution for a determined time period. The claim severities are modeled based on a parametric and a non-parametric approach and the claim frequencies are modeled with the resampling method bootstrap and by the use of scenarios. The thesis is made in collaboration with the insurance company, Anticimex Insurance, who has contributed with the data as well as expert knowledge related to the actuarial field. The results of the thesis show that the procedure is successful for evaluating estimated total costs distributions and their first and second moments, even in the case of inhomogeneous and decreasing risk.Kostnader som uppkommer på grund av skador inom skadeförsäkring är stokasiska och en förusättning för att kunna bedriva ett framgångsrikt försäkringsbolag är att kunna prediktera risk och framtida kostnader. Utifrån ett såväl försäkrings- som reglatoriskt perspektiv är det av stor vikt att ha en gedigen förståelse av både precisionen och känsligheten i de skattade estimaten. Denna uppsats syftar till att ta fram ett alternativt tillvägagångssätt till hur kostnader relaterade till framtiden ska predikteras, med fokus på att utvärdera variationen i estimaten, vid fallet av en inhomogen och avtagande risk. Tillvägagångssättet bygger på en uppdelning mellan antalet skador och kostnaden för skador, vilka modelleras separat för att sedan kombineras och ge en totalkostnadsfördelning för den avsedda tidsperioden. De historiska kostnaderna modelleras utifrån ett parametriskt- och ett ickeparametriskt tillvägagångssätt. Skadefrekvensen modelleras med hjälp av bland annat samplingsmetoden bootstrap samt genom användandet av scenarier. Uppsatsen görs i samarbete med skadeförsäkringsbolaget, Anticimex Försäkringar, vilka har bidragit med data och expertkunskap inom det aktuariella området. Arbetets resultat visar att det föreslagna tillvägagångssättet är en framgångsrik strategi för att utvärdera de första två momenten av de predikterade totalkostnadsfördelningarna, även vid fallet av en inhomogen och avtagande risk.
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Chapon-Le, Brethon Aurélie. "Le principe d'égalité entre créanciers." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR088.
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Depuis l'Antiquité, le principe d'égalité entre créanciers apparaît comme le principe fondateur des procédures collectives. Il permet de répartir de manière juste les actifs d'un débiteur impécunieux. Pourtant, l'existence et la portée de la norme sont sans cesse contestées. Les multiples réformes de la matière et ses nouvelles orientations économiques, la place grandissante du droit des sûretés, ainsi que l'internationalisation des procédures, ont contribué a renforcer les controverses autour du traitement égalitaire des créanciers. Les débats relatifs aux manifestations de l'égalité en droit de l'insolvabilité révèlent toutefois une problématique plus profonde liée a l'insuffisante définition de ce que constitue le principe d'égalité en procédure collective. Or, la notion d'égalité est ambivalente, il ne peut dès lors exister une unique signification du principe. Par ailleurs, l'égalité entre créanciers n'est pas qu'une simple règle mais constitue un véritable principe général du droit. Son caractère éminemment supérieur impose qu'il soit observé dans les différentes étapes de la procédure collective. Malgré les modifications législatives successives, il est possible de constater que le principe d'égalité entre créanciers constitue toujours la pierre angulaire du droit de l'insolvabilité. Les éléments traditionnels de la discipline collective demeurent et s'appliquent aujourd'hui sans distinction à tous les créanciers. Bien que l'élaboration de traitements différenciés soit de plus en plus récurrente, elle n'entraîne pas systématiquement une rupture d'égalité injustifiée. La rupture d'égalité formelle est admise des lors que les régimes différents mènent à la réalisation des objectifs des procédures ou visent à la protection d'intérêts supérieurs. Mais les vives critiques quant à la réalité du principe et les contestations portant sur ses manifestations ne sont pas toutes infondées. Le législateur à organisé un certain nombre de traitements privilégiés illégitimes, afin de satisfaire les intérêts personnels de quelques créanciers. Or, le respect du principe d'égalité est primordial en procédure collective pour repartir le poids de la dette du débiteur et renforcer l'impératif de moralisation du droit des affairesSince ancient times, equality between creditors appears to be the core principle of insolvency proceedings. It allows for a fairly sharing of the debtor's assets. However, existence and scope of that application standard are persistently contested. Many reforms, new economic orientations of the subject, added to the increasing place that securities law takes and the globalization of procedures have contributed to strengthen the debate around creditor's rights. Discussions about equality in the insolvency law though disclose a specific problem, due to an inadequate definition of equality principle in insolvency proceedings. More than anything, the concept of equality is ambivalent ; therefore, a single meaning for the principle is unmanageable. Furthermore, equality between creditors is not a plain rule but represents a full-fledged principle of law. That higher nature requires to be enforced at each stage of proceedings. In spite of subsequent amendments, the principle of equality between creditors appears to be the cornerstone of insolvency law. Traditional elements of the collective discipline remain and apply equality to all creditors. Development for differentiated treatments do not systematically lead to an unwarranted breach of equality. The breach of formal equality is accepted if the schemes carry out the proceedings objectives, or aim for protection of the best interests. Strong critics concerning the principle, and challenges about the expression are not unfounded for most. The legislator staged a number of unjust privileged treatments, with the aim of satisfying the personal interest of a few creditors. However, compliance with equality is essential in bankruptcy law for the purposes of sharing the assets and liabilities of the debt, and strengthen the imperative of moralization in business law
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Niane, Mamoudou. "L'exigence de sécurité juridique dans le recouvrement des créances." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0116/document.
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Inspiré par une croyance fondée sur l’inégalité des parties, le droit del’exécution poursuit le dessein d’un recouvrement rapide, sûr et peu coûteux descréances. Afin de relever ce défi, le droit OHADA a fait de la sécurité juridique uneexigence fondamentale devant démontrer son aptitude à répondre aux attentes desdifférentes parties. Cependant, la pratique du recouvrement permet d’identifier dessources d’insécurité juridique préjudiciable au climat de confiance voulu par lelégilateur communautaire. Ainsi, le caractère quasi-informel du recouvrementamiable, la résistance des juridictions nationales ou l’ineffectivité de certainesdécisions judiciaires perturbent la prévisibilité inhérente à l’exigence de sécuritéjuridique. Conçu comme un système cohérent, le droit de l’exécution OHADA offredes ressources interprétatives propices à la correction des lacunes observées. Dansces conditions, le juge occupe un rôle central dans la promotion de la sécuritéjuridique. D’une part, il assure le contrôle des prérogatives individuelles des partiesdans le sens de réguler les conflits d’intérêts induits par des attentes souventcontradictoires. Dans cette optique, l’une des finalités de l’intervention du juge estd’assurer le respect du recours à la contrainte dans l’exécution. D’autre part,l’exigence de sécurité juridique servira au juge à établir une meilleure corrélationentre toutes les techniques garantissant le paiement du créancier dans un souciconstant d’efficacité. En l’absence d’une consécration explicite de la sécuritéjuridique, la proposition d’une relecture de la théorie de l’exécution en droit privé offrel’opportunité de voir tous les mécanismes de son intégration dans le recouvrementdes créances en tenant compte de la réalité juridico-économique de la créanceInspired by the belief grounded on inequalities between parties, theenforcement law continues to design a fast, safe and inexpensive debt recovery. Tomeet this challenge, the OHADA law made legal certainty requirement which mustshow its ability to live up to the expectations of the different parties. However, therecovery practice identifies sources of legal uncertainty detrimental to the climate oftrust advocated by the Community legislature. Thus, the quasi-informal nature of debtcollection, the resistance of national courts or the ineffectiveness of certain judicialdecisions disrupt the predictability pertaining to the requirement of legal certainty.Designed as a coherent system, The OHADA enforcement law affords interpretativeresources conducive to the rectification of the flaws spotted. In these circumstances,the judge plays a central role in promoting legal certainty. On the one hand, hemonitors the individual prerogatives of the parties in the direction of regulatingconflicts of interest arising from the often conflicting expectations. In this context, oneof the purposes of the intervention of the judge is to ensure compliance of coercion inthe execution. On the other hand, the demand of legal certainty will allow the judge toestablish a better correlation between all techniques guaranteeing the payment of thecreditor for the constant sake of efficacy. In the absence of an explicit consecration oflegal certainty, the proposal for a reinterpretation of the theory of enforcement lawprovides the opportunity to see all the mechanisms of its integration in debt recovery,taking into account the legal and economic substance of the claim
Books on the topic "Title claims"
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Nielsen, J. Bushnell. Title and Escrow Claims Guide. Brookfield, Wisc: Woodridge Legal Publishers, 1996.
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Hawthorne, Marilyn. Native title: Update on claims & determinations. Darwin, N. T: Northern Territory Library, 2000.
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Medicare and medicaid claims and procedures. 4th ed. Eagan, Minn: Thomson/West, 2005.
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McCormick, Harvey L. Medicare and medicaid claims and procedures. 3rd ed. Eagan, Minn: West Group, 2001.
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Medicare and medicaid claims and procedures. 2nd ed. St. Paul, Minn: West Pub. Co., 1986.
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Perry, Melissa. Australian native title law. Sydney: Lawbook Co., 2003.
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Effective retention of title clauses. London: Collins, 1986.
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United States. Congress. House. Committee on Private Land Claims. Hearings Before Committee on Private Land Claims: Hearings before the United States House Committee on Private Land Claims, Sixty-First Congress, second session, on May 19, 1910. Washington: U.S. G.P.O., 1985.
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Australia. Native title: Legislation with commentary. 2nd ed. Canberra: AusInfo, 1998.
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Reservation of title clauses: Impact and implications. Oxford [England]: Clarendon Press, 1991.
Find full textBook chapters on the topic "Title claims"
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Burns, Fiona. "In personam claims: developments and thoughts." In Land Registration and Title Security in the Digital Age, 38–56. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9780367218171-5.
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Unverzagt, Alexander, and Claudia Gips. "Kapitel: Kennzeichnungen – vom Claim zum Titel zur Marke und Domain." In Handbuch PR-Recht, 283–93. Wiesbaden: Springer Fachmedien Wiesbaden, 2018. http://dx.doi.org/10.1007/978-3-658-17900-7_9.
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"Local Organisation Before the Land Claims Era." In Native Title in Australia, 38–53. Cambridge University Press, 2003. http://dx.doi.org/10.1017/cbo9780511481635.003.
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"Title 4. Claims arising from ownership (§§ 985–1007)." In German Civil Code Volume I, edited by Gerhard Dannemann, Reiner Schulze, and Jonathon Watson, 1853–88. Verlag C.H.BECK oHG, 2020. http://dx.doi.org/10.17104/9783406765773-1853.
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Vermeylen, Saskia. "Canvases as legal maps in native title claims." In Mapping the Unmappable?, 261–90. transcript Verlag, 2021. http://dx.doi.org/10.14361/9783839452417-009.
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"The Claims of Science." In The Continued Exercise of Reason, edited by Brendan Dooley, 163–84. The MIT Press, 2018. http://dx.doi.org/10.7551/mitpress/9780262535007.003.0008.
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This chapter presents George Boole's lecture on the claims of the pursuit of science, He says that like all other claims with which we are concerned, these must ultimately rest upon some intrinsic excellency or special suitableness of the object. Qualities such as these can alone give to it an enduring title to our regard. He draws attention to the ground of those claims, in the immediate or implied relations of science to human nature; in its relations, namely, as an answer to some of the distinctive wants of the human mind, an exercise to its faculties, a discipline of the character and habits, and an instrument of conquest and dominion over the powers of surrounding Nature.
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A. Grenier, Alain. "From Eco to Sustainable Tourism, the Contradictions and Challenges of Nature-Based Tourism: The Case of Polar Cruises." In Tourism [Working Title]. IntechOpen, 2021. http://dx.doi.org/10.5772/intechopen.96914.
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Polar tourism includes all leisure travel products set in the Antarctic and Arctic regions. As such, it is conditioned by an interest for nature in extreme settings (polar desert, cold climate, harsh travel conditions – when by sea. The Arctic adds an additional interest for indigenous cultures. Trying to met those tourism interests, a specialized cruise tourism branch developed in the late 1980s (thu sporadic cruises were held back from the XIXth century onward) providing exclusive access the most difficult and far distant latitudes of the High Arctic and opposite Antarctic coastline. In any form of tourism, operators must protect the resources their economic activities rest upon as any deterioration they suffer will sooner or later impact the experiente and its viability. Hence a paradox: how to protect the ecological (and cultural) integrity of these features for sustained competitiveness? Since its emergence, as an industry some 40 years ago, the polar cruising has followed trends in environmental and social management, referring in their marketing and travel policies to both eco- and sustainable tourism. Serving the wealthy customers, initially the well traveled elderly, the ship-based polar industry kept a simple programme of lecture and soft-oriented activities, namely inflatable cruising in icy bays and close-to-shore trekking. Yet, with an increasing clientele of younger middle-age tourists, operators have also diversified their excursion products to offer more sportive-oriented activities off-ship. As long as these activities were non-fuel based, the operators enforced their ecological management claims. But with more fuel-based activities (helicopter, Zodiac sightseeing), and therefore a more invasive approach to the sensitive ecosystems visited, can this industry continue to claim to be sustainable? Based on the sustainable claims made by two important polar cruise operators, this study ams to underlines that while the polar cruise industry, as a whole, might seek to improve its ecological footprint, there remains many contradiction between their will to be environmental and the desire to conquer the environment.
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Gilliam, Thomas, and Paul Terpeluk. "Muscle Health: The Gateway to Population Health Management." In Occupational Health [Working Title]. IntechOpen, 2020. http://dx.doi.org/10.5772/intechopen.94058.
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The muscle on your frame is a prime indicator of health and longevity. Dr. Paul Terpeluk with the Cleveland Clinic has stated that muscular strength is the new vital sign of workplace health and safety. Research studies focusing on Type II diabetes, cardiovascular disease, musculo-skeletal injuries, certain cancers and the delay of dementia have shown a strong correlation between disease prevention and muscular strength. IPCS’ database of over 500,000 strength tests have shown a workers’ absolute strength today is at least 14% weaker than the worker 15 years ago and weighs about 8 pounds more. Over the last 10 years, there has been a significant shift by 52% with an increase in the number of workers with a BMI of 35 or greater. The Cleveland Clinic implemented a new hire muscular strength assessment to place new hire applicants into jobs that match their physical capability in 2011. The outcomes show a statistically significant reduction in number of employee health, pharmacy and workers’ compensation claims and costs with overall savings near $25 million. Musculo-skeletal health of the worker can be improved. When a worker maintains good muscular strength, the worker is more productive, has fewer medical claims and workers’ compensation claims.
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Mncedisi Willie, Michael, Neo Nonyana, and Sipho Kabane. "Telephone Consultations by Medical Scheme Patients Consulting General Medical Practitioners, South Africa." In Primary Care [Working Title]. IntechOpen, 2021. http://dx.doi.org/10.5772/intechopen.98496.
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Background: The COVID-19 climate has seen a shift in the manner that patients seek care. Lockdown measures and COVID-19 regulations, and the fear of contracting the virus at a health care facility has also changed health seeing behaviour among patients. The COVID-19 climate has seen a significant increase in the utilisation of virtual platforms to consult with providers. Objectives: The objective of this chapter was to conduct the descriptive analysis of telephonic consultations by members of medical schemes who consulted general medical practitioners. Methods: The study entailed a descriptive analysis of medical scheme claims data for the 2020 review period. The inclusion criteria were all National Pharmaceutical Product Interface (NAPPI) codes associated with a telephonic consultation consulting general medical practitioners. The ICD-10 code primary diagnosis was used to describe the diagnosis. The study mainly focused on outpatient patients with service dates between March and December 2020. Results: The analysis covered claims data from a total of 12 medical schemes. The schemes analysed accounted for 1,6 million lives. The total number of telephonic consultations was 17 237. The mean (SD) claimed amount for telephone consultation for a general medical practice consult was R2821 (SD = 20). This was slightly lower than the scheme tariff of R2872 (SD = 19). The study found that most telephonic consults were for Acute bronchitis, unspecified; Acute upper respiratory; Emergency use of U07.1 (Confirmed diagnosis); Emergency use of U07.2 (Suspected Diagnosis); Follow-up examination; Special screening. Conclusion: The study found evidence of patients utilising telephonic consultations for general medical practitioner services. The effect of COVID-19 in this respect was seen in the three main primary diagnoses that were associated with the consult, Acute upper respiratory, Emergency use of U07.1 (confirmed diagnosis) and Emergency use of U07.2 (suspected diagnosis). Even though the average telephonic consult was claimed at just under R3003, few general medical practitioners claimed between R4004 and R5005 which were higher than the industry average. There is a need to develop telephone consult guidelines at industry level, these should also address reimbursement rate differentials.
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Ablavsky, Gregory. "The Rise of Federal Title." In Federal Ground, 79–106. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190905699.003.0004.
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The failure of federal efforts to reform title meant that federal officials in the territories found themselves, unwillingly, adjudicating conflicting claims to ownership, often in ad hoc, unplanned fashion outside of courts. This chapter describes three sets of adjudications of territorial land rights. The first involved conflicting assertions of different Native nations to ownership, as federal officials, as part of their effort to “extinguish” Native title, had to decide which nation owned which land. The effort led them to try to understand Native land laws in an effort to parse these claims. The second required wading into the land rights of the French habitants of the Illinois Country, where territorial officials similarly attempted to understand past French land law to confirm preexisting claims to title. The third concerned veterans of the Revolutionary War, who were promised land in the U.S. Military District in the Northwest Territory. Frequently defrauded out of their rights, these holders of the so-called bounty lands appealed to the U.S. Secretary of War to protect their title. In all three cases, the result was that federal officials distilled the territories’ plural sources of ownership into a single federal title issued under federal authority. This decades’ worth of difficult and unheralded legal and administrative work became the foundation for the federal land system, especially when the Harrison Land Act of 1800 codified the resolution to long-standing heated debates about the public lands.
Conference papers on the topic "Title claims"
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Iermachkova, Olga. "Языковая игра с именами собственными в газетном заголовке." In Пражская Русистика 2020 – Prague Russian Studies 2020. Charles University, Faculty of Education, 2020. http://dx.doi.org/10.14712/9788076032088.1.
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The article is devoted to the phenomenon of language game in journalistic title. Particular attention is paid to proper names (anthroponyms, toponyms, etc.), which have become the material for the formation of game titles in the print media. The purpose of the article is to determine the most productive class of proper nouns, as well as the most popular method for creating a game headline in the Russian printed edition “Kommersant” for 2019-2020.
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Couser, Patrick, and Norm Deane. "Use of CFD Techniques in the Preliminary Design of Upwind Sails." In SNAME 14th Chesapeake Sailing Yacht Symposium. SNAME, 1999. http://dx.doi.org/10.5957/csys-1999-011.
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The results of the 1997 World Titles, held in Kingston, Canada, highlighted that there was considerable scope for improving the upwind performance of the international Mirror Class by making small adjustments, within the tolerances allowed by the class rule, to the sails and underwater foils. This paper describes some aspects of the Australian research and development programme in preparation for the 1999 World Titles to be held in South Africa in April. Computational methods, based on the vortex lattice method, have been used to provide direction and guidance for the on-the-water testing and trialing programme. The use of these theoretical tools has enabled a far wider range of sail, dagger board and rudder parameters to be investigated than would be possible using purely on-the-water testing. The usefulness of well-understood computational and numerical methods in sail and foil design has been demonstrated; it has also been shown that these tools are within the reach of relatively small budget research and development programmes. The proof of the pudding may be at the 1999 International Mirror Class World Titles ... (watch this space)
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Graves, Heather, Roger Graves, Robert Mercer, and Mahzereen Akter. "Titles That Announce Argumentative Claims in Biomedical Research Articles." In Proceedings of the First Workshop on Argumentation Mining. Stroudsburg, PA, USA: Association for Computational Linguistics, 2014. http://dx.doi.org/10.3115/v1/w14-2113.
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Martinez, Oscar, and Christopher Blessinger. "ORNL Special Form Testing of Sealed-Source Encapsulations." In ASME 2015 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2015. http://dx.doi.org/10.1115/pvp2015-46003.
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In the United States of America all transportation of radioactive material is regulated by the Department of Transportation (DOT), along with input from the Nuclear Regulatory Commission. Beginning in 2008 a new type of sealed-source encapsulation package was developed at Oak Ridge National Laboratory (ORNL); these packages contain radioactive material and are regulated and transported in accordance with the requirements set for DOT Class 7 hazardous material. DOT provides regulations pertaining to specific package contents categorized as special form designs. The special form designation indicates that the encapsulated radioactive contents have a very low probability of dispersion even when subjected to significant structural conditions. All ORNL DOT designs have been certified by DOT as being special form materials. The special form designs have been shown to simplify the delivery, transport, acceptance, and receipt process. Simplification of the transportation process makes the sealed-source encapsulation designs very advantageous for shipment to various facilities throughout the lifetime of the special form material. To this end, DOT Certificates of Competent Authority (CoCAs) have been sought for the design suitable for containing high-alpha-activity actinide materials. This design consists of a core of porous zirconia matrix pre-encapsulated within triangular canister (ZipCan) tiles that are then enclosed by a spherical shell. This new ZipCan design and a similar rectangular ZipCube design were tested for compliance with the regulations found in Title 49, Code of Federal Regulations, Section 173.469, Tests for Special Form Class 7 (Radioactive) (49 CFR 173.469) materials. The spherical enclosure was subjected to 9 m impact, 1 m percussion, and 10-minute thermal tests. Before and after each test the designs were subjected to a helium leak check and a bubble test. The ZipCan tiles and core were subjected to the tests required for ISO 2919:1999(E), including a Class 4 impact test and heat test, and were subsequently subjected to helium leakage rate tests [49 CFR 173.469(a)(4)(i)]. The impact tile test unit contained a nonradioactive surrogate; however, the thermal test unit contained a radioactive source. All three designs are still undergoing regulatory special form testing, and all three sealed-source encapsulation designs are to be submitted to DOT for CoCAs.
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Baucom, J. N., M. A. Qidwai, W. R. Pogue, and J. P. Thomas. "Suppression of Edge Delamination Through Meso-Scale Structuring." In ASME 2005 International Mechanical Engineering Congress and Exposition. ASMEDC, 2005. http://dx.doi.org/10.1115/imece2005-81534.
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We are developing a new class of fiber-reinforced polymer composite materials to facilitate imbedding multifunctional features and devices in material systems, and to manage interlaminar stresses at free edges and cut-outs. The idea is centered on introducing one more level of design space by composing plies with individual tiles possessing the same degrees of design freedom that are associated with individual plies. In this work, we have focused on tiling schemes that will allow blending of laminates (lay-ups), where a lay-up suitable for suppressing interlaminar stresses could be placed at necessary locations whereas another lay-up could be used for the main objective. This results in the introduction of matrix-rich tile-to-tile interface pockets in the blending region. Preliminary mechanical testing shows that uniaxially reinforced tiled composites attain stiffness levels near those of their traditional counterparts, yet with a potential degradation of strength. We used the finite element method to investigate the effects of resin-rich pocket size, the use of supporting continuous layers, tile size, and tile overlapping (interface stacking) schemes on stress distribution around interfaces in uniaxially reinforced tiled composites, with the aim to identify parameters controlling overall strength. We discovered that alignment of the resin-rich pockets through the thickness exacerbates stress-concentration and that outer continuous layers on the composite may help in better load transfer. As a first step in the application of this technique for the suppression of delamination at the free edges of holes in laminates, a bilaminate material was modeled, and the concept was shown to be effective in the suppression of edge delamination.
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Campbell, Tara L., and Heather L. Treacy. "The Impact of Aboriginal Interests Upon Proposed Pipeline Projects." In 2004 International Pipeline Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/ipc2004-0355.
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This paper will seek to address the rapidly evolving issues relating to the impact of aboriginal interests upon resource development projects. In particular, this paper will address the interaction between aboriginal interests and pipeline projects and recent judicial decisions that have impacted upon this interaction. This paper will specifically discuss the extent of consultation obligations with aboriginal people and strategies that may be employed by proponents of pipeline projects. More specifically, this paper will address the following: Distinctions between various types of constitutionally protected aboriginal interests, including, treaty rights (both historic treaties and comprehensive land claim agreements), aboriginal rights, including aboriginal title, and Me´tis rights; Understanding the obligations of government and third party resource developers to consult with aboriginal people, including consultation and accommodation of aboriginal interests and compensation issues; - Consultation as part of the regulatory approval processes for both provincially and federally regulated pipelines, including both National Energy Board requirements and provincial requirements (British Columbia and Alberta); and - The practical realities of consultation, including the scope of remedies for the unjustified infringement of aboriginal interests; and how to create a more effective consultation process and protect the interests of proponents of pipeline projects.
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Lunt, Barry M. "Service Courses in Computing and Electronics for Mechanical Engineering Technology and Manufacturing Engineering Technology Programs." In ASME 2007 International Mechanical Engineering Congress and Exposition. ASMEDC, 2007. http://dx.doi.org/10.1115/imece2007-41062.
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There are approximately 85 4-year institutions in the U.S. with programs in mechanical engineering technology accredited by TAC of ABET. There are also approximately 28 TAC of ABET-accredited 4-year programs in manufacturing engineering technology. Most of these mechanical and manufacturing engineering technology programs require their students to take at least one class in computing or electronics. The purpose of this paper is to provide a descriptive comparison of these 4-year programs in mechanical and manufacturing engineering technology, focusing on the computing and electronics requirements for their students. The details include courses, course titles, and topics covered.
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Haney, Christa. "TITLE: INCREASING THE USE OF ACTIVE LEARNING STRATEGIES IN A LARGE, ONLINE CLASS." In Southeastern Section-70th Annual Meeting-2021. Geological Society of America, 2021. http://dx.doi.org/10.1130/abs/2021se-362000.
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Mintz, Todd S., George Adams, Marius Necsoiu, James Mancillas, Chris Bajwa, and Earl Easton. "Historical Rail Accident Analyses Identifying Accident Parameters That Could Impact Transportation of Spent Nuclear Fuel." In ASME 2010 Pressure Vessels and Piping Division/K-PVP Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/pvp2010-25445.
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As the regulatory authority for transportation of spent nuclear fuel (SNF) in the United States, the Nuclear Regulatory Commission (NRC) requires that SNF transportation packages be designed to endure a fully engulfing fire with an average temperature of 800 °C (1,475 °F) for 30 minutes, as prescribed in Title 10 of the Code of Federal Regulations (CFR) Part 71. The work described in this paper was performed to support NRC in determining the types of accident parameters that could produce a severe fire with the potential to fully engulf a SNF transportation package. This paper describes the process that was used to characterize the important features of rail accidents that would potentially lead to a spent nuclear fuel transport package being involved in a severe fire. Historical rail accidents involving hazardous material and long duration fires in the United States have been analyzed using data from the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). Parameters that were evaluated from this data include, but were not limited to, class of track where the accident occurred, class of hazardous material that was being transported, and number of railcars involved in the fire. The data analysis revealed that in the past 34 years of rail transport, roughly 1,800 accidents have led to the release of hazardous materials resulting in a frequency of roughly 1 accident per 10 million freight train miles. In the last 12 years, there have only been 20 accidents involving multiple car hazardous material releases that led to a fire. This results in an accident rate of 0.003 accidents per million freight train miles that involved multiple car releases and a fire. In all the accidents analyzed, only one involved a railcar carrying Class 7 (i.e., radioactive) hazardous material (HAZMAT).
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Troxell, Paden M., and Charles Kim. "A Method for Classifying Products Designed for the Developing World." In ASME 2016 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/detc2016-60522.
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Researchers in the area of design for the developing world have synthesized knowledge from location-specific product case studies in the form of design guidance, which includes pitfalls, principles, and methods. Much of the design guidance relates to specific product classes and regions, while recent work is directed towards generalized principles. The aim of this paper is to fill gaps in product class-specific design guidance by creating larger groups of similar products, which share design characteristics. In this paper, we present a method for classifying products into such groups utilizing cluster analysis. We present a five-step method, which includes optional synthesis of design principles. The potential value of the method is demonstrated in a case study. The result included two distinct product groups, titled Products for Relief and Products for Development, and corresponding design principles for each group.