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Статті в журналах з теми "Challenge appeals"
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Gasparatou, Renia. "Experimental Appeals to Intuition." Crítica (México D. F. En línea) 42, no. 124 (January 7, 2010): 31–50. http://dx.doi.org/10.22201/iifs.18704905e.2010.894.
Повний текст джерелаАнотація:
Today, experimental philosophers challenge traditional appeals to intuition; they empirically collect folk intuitions and then use their findings to attack philosophers’ intuitions. However this movement is not uniform. Radical experimentalists criticize the use of intuitions in philosophy altogether and they have been mostly attacked. Contrariwise, moderate experimentalists imply that lay persons’ intuitions are somehow relevant to philosophical problems. Sometimes they even use folk intuitions in order to advance theoretical theses. In this paper I will try to challenge the so-called moderate experimental attempts to rely on intuition in order to promote philosophical theses.
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Netolitzky, Donald J., and Richard Warman. "As the Water Grinds the Stone: Comparison of Represented and Self-represented Appellant Populations in the Federal Court of Appeal." Windsor Yearbook of Access to Justice 37, no. 1 (May 16, 2022): 206–59. http://dx.doi.org/10.22329/wyaj.v37i1.7195.
Повний текст джерелаАнотація:
This article reports a quantitative and statistically reliable population investigation of 552 Federal Court of Appeal proceedings that were appeals by represented and self-represented appellants who, in 2016 or 2017, appealed decisions of the Federal Court or Tax Court of Canada. Appeals by the Crown, non-Crown represented appellants, and self-represented appellants exhibited markedly different frequencies at which appeals were granted, and patterns for how appeals were terminated. Nearly half of Crown appeals were granted, but less than one in twenty self-represented appellants had any degree of success. While 70% of appeals conducted by lawyers completed the appeal process, less than 40% of self-represented appellant proceedings resulted in a full appeal panel hearing. Incomplete appeals by self-represented appellants usually terminated prior to the appeal record stage, and typically were either abandoned or discontinued. The time required to complete appeals for represented and self-represented appellants is similar. The high observed frequency of problematic litigation records for self-represented appellants supports the hypothesis that a “Distillation Effect” is concentrating abusive litigants in appellate forums.
High resolution investigation of self-represented appellant subgroups revealed differences within the overall self-represented appellant population. Self-represented appellants emerging from the Federal Court and Tax Court of Canada are different populations. The former were much more likely to have an abusive litigation history, while the latter voluntarily discontinued appeals, and were never subject to Federal Court of Appeal vexatious litigant management steps. Self-represented appellant proceedings that terminated prematurely or that were conducted by persons who are subject to court access restrictions had significantly more filed documents and docket records. Litigation management steps did not reduce the Registry and Court workload resulting from self-represented appellants subject to court access restrictions. These observations challenge modelling self-represented litigants as a single population with uniform characteristics.
3
Lewis, Clive. "The Exhaustion of Alternative Remedies in Administrative Law." Cambridge Law Journal 51, no. 1 (March 1992): 138–53. http://dx.doi.org/10.1017/s0008197300016792.
Повний текст джерелаАнотація:
The application for judicial review is the primary means of challenging the legality of action taken by public bodies. Judicial review is not, however, the only avenue by which an individual may challenge a particular decision. Statute may create an appellate machinery to hear appeals against decisions of public bodies. There is a wide variety in the pattern of such schemes. There may be an appeal from a decision to a tribunal or other body, with a further right of appeal on a point of law or by way of case stated to the High Court or the Court of Appeal. Such mechanisms exist in a number of fields, most importantly in the field of revenue law, enforcement notices in planning law, decisions of inferior courts such as magistrates& courts, and social security law. There may be an appeal from a decision to an administrative tribunal or inferior court but with no right of appeal to the High Court, as in certain immigration cases where decisions may be appealed to an adjudicator and from him to the Immigration Appeal Tribunal. There may be an appeal from decisions to an administrative body such as a Secretary of State either with provision for appeal to the courts, as with appeals against refusals of planning permission by local authorities, or without any further right of appeal, as in the case of appeals against disciplinary decisions of chief constables.
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Wikeley, Nick. "The new tax credits and appeals." Benefits: A Journal of Poverty and Social Justice 12, no. 1 (February 2004): 21–25. http://dx.doi.org/10.51952/vpba9882.
Повний текст джерелаАнотація:
The introduction of Working Tax Credit and Child Tax Credit from April 2003 has resulted in much publicised delays in payments of the new tax credits to claimants. But the way in which claimants can challenge decisions made by the Inland Revenue on tax credits claims has received relatively little scrutiny. The current appeal arrangements represent an awkward compromise between the very different appeals systems that apply to income tax and social security disputes respectively. Most tax credit appeals are heard by The Appeals Service (TAS) tribunals, but with the adoption of some principles drawn from the tax tribunals. In addition, a wider reform of the tribunal system generally is on the horizon. Disputes over overpayments of tax credits are likely to be an especially contentious area of work, but these cases will not come to the fore until the summer of 2004, given the way in which entitlement to tax credits is assessed.
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Calfano, Brian Robert, Amanda Friesen, and Paul A. Djupe. "Mitigating Mormonism: Overcoming Religious Identity Challenges with Targeted Appeals." PS: Political Science & Politics 46, no. 03 (June 21, 2013): 562–68. http://dx.doi.org/10.1017/s1049096513000541.
Повний текст джерелаАнотація:
AbstractA persistent challenge for minority candidates is mitigating negative effects attributed to their unpopular group identity. This was precisely the case for Mitt Romney, a Mormon, as he sought and captured the 2012 Republican presidential nomination. We draw on existing public opinion data about the tepid reaction to Romney's Mormonism from within Republican ranks. Then, we review our own experimental data to examine a potential mitigation strategy, “God Talk,” and its emotional costs to the GOP. We find that Romney and similar candidates may avoid direct penalty by party rank-and-file for their minority attributes when using God Talk, but the associated affective response supporters direct at their party may carry yet-unknown putative costs for both party and candidate.
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BATROS, BEN. "The Judgment on the Katanga Admissibility Appeal: Judicial Restraint at the ICC." Leiden Journal of International Law 23, no. 2 (April 27, 2010): 343–62. http://dx.doi.org/10.1017/s0922156510000075.
Повний текст джерелаАнотація:
AbstractThis article examines the judgment on Kantaga's appeal against the decision of Trial Chamber II of the International Criminal Court that the case against him was admissible. The Appeals Chamber rejected Katanga's appeal, and affirmed the admissibility of the case. However, it did not do so on the same basis as the Trial Chamber (that the Democratic Republic of the Congo (DRC) was unwilling). Rather, it looked at the plain language of Article 17, and found that at the time of the challenge the DRC was not investigating or prosecuting Katanga. This judgment can be seen as an example of judicial restraint. The Appeals Chamber dealt only with those questions which were necessary to dispose of the appeal. It did not engage in policy debates or seek to create new facts, but rather applied the Statute as drafted to the facts of the case before it. In doing this, the Appeals Chamber confirmed certain basic principles of the admissibility regime. The case also provides an insight into the relationship between admissibility and ‘positive complementarity’.
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Lewis, Carmen E. "Appeals Court Rejects Federal Jurisdiction over Chiropractors Challenge to Medicare Coverage – Am. Chiropractic Ass'n, Inc. v. Leavitt." Journal of Law, Medicine & Ethics 34, no. 2 (2006): 472–74. http://dx.doi.org/10.1111/j.1748-720x.2006.00056.x.
Повний текст джерелаАнотація:
The United States Court of Appeals for the District of Columbia Circuit (“Appeals Court”) held that the district court did not have jurisdiction over the American Chiropractor's Association's (“ACA”) federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical insurance for elderly and disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization (“HMO”).
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Bronckers, Marco. "Private Appeals to WTO Law: An Update." Journal of World Trade 42, Issue 2 (April 1, 2008): 245–60. http://dx.doi.org/10.54648/trad2008010.
Повний текст джерелаАнотація:
At first glance there seem to be few opportunities for private parties to raise objections to government regulation based on World Trade Organization (WTO) law. The WTO still appears to be largely a forum for governments to negotiate or litigate. In fact, there are various ways in which private parties can invite governments to engage with their WTO law obligations, and these are surveyed in this article. First, I illustrate the immediate obstacles facing private parties that want to challenge a government measure on the basis of WTO law. I then take a closer look and discuss different means for private parties to appeal to WTO law, today or perhaps in the not too distant future. There have been several recent developments that suggest that such private complaints should be taken more seriously. This discussion covers the position of private parties before the WTO, before their own government and before domestic courts. To the extent I refer to experiences drawn from a domestic context I will mostly refer to European law, though I have occasion also to mention precedents from US law and Chinese law.
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Putwain, David W., Wendy Symes, and Hannah M. Wilkinson. "Fear appeals, engagement, and examination performance: The role of challenge and threat appraisals." British Journal of Educational Psychology 87, no. 1 (October 20, 2016): 16–31. http://dx.doi.org/10.1111/bjep.12132.
Повний текст джерела
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Robertson, James E. "Recent Legal Developments." Criminal Justice Review 37, no. 2 (June 2012): 281–94. http://dx.doi.org/10.1177/0734016812438850.
Повний текст джерелаАнотація:
This annual survey examines important prisoners' rights cases decided by the U.S. Courts of Appeals during 2011. These cases addressed constitutional questions about inmate-on-inmate violence, lockdowns, delayed medical care, custodial suicide, gender identity disorder, excessive staff force, unsolicited mail, religious dress and diets, impermissible staff retaliation, cross-gender searches, and procedural due process. In addressing these constitutional questions, the U.S. Courts of Appeal created new law and/or applied clearly established law. Because the U.S. Supreme Court will only rarely grant certiorari to appellants, the U.S. Courts of Appeals remain the de facto courts of last resort for all but a few prisoners who challenge the constitutionality of the manner of their confinement.
Дисертації з теми "Challenge appeals"
1
de, Vos Svetlana. "Investigating effective social marketing campaigns: the direct and indirect impacts of fear, challenge, and fear mixed with challenge appeals on help-seeking intentions." Thesis, 2015. http://hdl.handle.net/2440/97993.
Повний текст джерелаАнотація:
The primary aim of the current study is to empirically test a novel conceptual framework which united the Cognitive Phenomenological Theory of Emotions (Lazarus, Kanner and Folkman, 1980), the Revised Protection Motivation Model (Arthur and Quester, 2004), and the Heuristic Systematic Model (Eagly and Chaiken, 1993) to investigate the impact of various emotions on help-seeking intentions (BI). In particular, this research was undertaken to investigate the persuasive power of emotional advertising eliciting fear, challenge and fear mixed with challenge in consumers to induce help-seeking behavioural intentions in social marketing context. The study seeks to evaluate the direct and indirect impact of fear, challenge and fear mixed with challenge on behavioural intentions via systematic mode and depth of information processing (SMIP/DP) and attitudes towards the advertisement (AT). The study also strive to determine whether respective influence of fear mixed with challenge emotional advertising serves as a conditioning stimulus to enhance systematic mode and depth of information processing, and indirectly, through attitudes towards the advertisement, influence the strongest intentions to seek professional help in comparison to fear or challenge appeals. Since marketing communication is progressing to an era of tailored messages targeted at individuals, this study investigates a-priori individual differences such as tolerance of ambiguity, tolerance of negative emotions, involvement with the advertisement, response efficacy and self-accountability to unveil the unique information processing patterns among consumers exposed to the emotional advertising. The study is based on mixed research design and comprised of qualitative (thematic analysis) and quantitative stages (quasi–experiment with web-based survey). Results of the study empirically confirm that emotional blend of fear mixed with challenge indirectly via cognitive mediators of SMIP/DP and AT exerted the strongest positive impact on help-seeking intentions in comparison to fear or challenge appeals in at-risk population. Across all emotional appeals, heuristically proceeded messages resulted in non-significant impact on behavioural intentions. Additionally, the empirical results of the current research suggest that market segmentation should be effectively applied when using fear mixed with challenge in advertising, since a-priori individual characteristic such as tolerance of ambiguity weakens the relationship between attitude towards the advertisement and help-seeking behavioural intentions in at–risk population. The moderating role of involvement with the advertisement was also supported to strengthen the direct relationship between SMIP/DP and AT regardless of felt emotion/s. The research provides important information to social marketers seeking to exploit the persuasive impacts of emotional advertising on inducing help-seeking intentions in at-risk consumers.Thesis (Ph.D.) -- University of Adelaide, Business School, 2015
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Alves, Mariana Monteiro. "The impact of teachers' fear appeals on test anxiety: how acceptance mediates this relationship, and well-being does not buffer it." Master's thesis, 2020. http://hdl.handle.net/10316/94581.
Повний текст джерелаАнотація:
Dissertação de Mestrado Integrado em Psicologia apresentada à Faculdade de Psicologia e de Ciências da EducaçãoEmbora diversos estudos tenham demonstrado o efeito positivo da aceitação no bem-estar e na ansiedade aos testes, a relação entre aceitação e as mensagens indutoras de medo (usadas pelos professores acerca da importância ou proximidade de um exame/teste), e o seu impacto na ansiedade aos testes, nunca foi estudado. Ademais, poucos estudos abordaram o impacto das mensagens indutoras de medo, e o modo como estas são interpretadas (como desafio ou ameaça) como possíveis preditores de ansiedade aos testes; sendo que, os estudos que o fizeram, apresentavam uma abordagem mais educacional, enquanto que o presente estudo apresentava uma abordagem clínica. Uma vez que não existiam estudos que correlacionassem todas estas variáveis, esse foi o objetivo do presente estudo, explorando, particularmente, as implicações das diferentes relações estabelecidas para o desenvolvimento e manutenção da ansiedade aos testes. Este estudo longitudinal compreendeu medidas recolhidas em dois tempos, separados por um mês e meio. A amostra era constituída por estudantes do 9.º ao 12.º ano (N = 458; Midade = 15.46; DP = 1.22). Correlações parciais revelaram associações positivas e significativas entre interpretações de ameaça e ansiedade aos testes, associando-se estas significativamente e negativamente com o bem-estar subjetivo e a aceitação (que se correlacionaram positivamente entre si). A frequência das mensagens indutoras de medo associou-se significativamente apenas com as interpretações de ameaça, enquanto que as interpretações de desafio se associaram apenas significativamente com o bem-estar subjetivo. Regressões lineares múltiplas permitiram concluir que a aceitação, as interpretações de ameaça, o bem-estar subjetivo e o género eram preditores significativos de ansiedade aos testes. Um modelo de mediação moderada foi estimado com o PROCESS, revelando que as interpretações de ameaça estavam direta e indiretamente associadas, através da falta de aceitação, com a ansiedade aos testes. Contudo, as análises de moderação revelaram que o bem-estar subjetivo não era moderador de nenhuma das relações do modelo. Em conclusão, os nossos resultados demonstram a importância das interpretações de ameaça e da falta de aceitação para a compreensão da ansiedade aos testes. Outros resultados são discutidos, tal como as contribuições do presente estudo e possíveis implicações clínicas.
Although several studies have provided evidence of the positive effects of acceptance on well-being and on test anxiety, the relationship between acceptance and fear appeals (fear-induced messages used by teachers about the importance or proximity of a test/exam) and its impact on test anxiety, have never been subject of research. Furthermore, few studies have focused on fear appeals, and how they are appraised (as a challenge or a threat), as possible predictors of test anxiety; and the studies that did, usually had a more educational approach, whereas our study had a more clinical approach. Since no prior studies addressed all these variables together, this was the general aim of the present study, as was to investigate the impact of these relationships in the development and maintenance of test anxiety. The exploratory longitudinal study used measures in two time points, one month and a half from each other. The sample was constituted by students from 9th to the 12th grade (N = 458; Mage = 15.46; SD = 1.22) from four high schools in Portugal. Partial correlations (controlling for gender) revealed that threat appraisals and test anxiety were positively and significantly associated with each other, while negatively and significantly associated with acceptance and subjective well-being. Multiple linear regressions allowed to conclude that acceptance, threat appraisals, subjective well-being and gender were significant predictors of test anxiety. A moderated mediation model, estimated using PROCESS, revealed that threat appraisals were directly and indirectly associated, through lack of acceptance, to test anxiety. However, moderator analyses revealed that subjective well-being was not a moderator of the relationships between threat appraisals and acceptance, threat appraisals and test anxiety, and acceptance and test anxiety. In conclusion, results show the importance of threat appraisals and lack of acceptance in understanding test anxiety. Other results are discussed, as well as contributions of the present study and possible clinical implications.
3
Visser, Rosemare Ann. "Abuse in the church : an appeal and challenge to pastoral ministry." Thesis, 2012. http://hdl.handle.net/2263/23901.
Повний текст джерелаАнотація:
This multidisciplinary study, which includes Practical Theology and also insights from Psychology and Sociology, investigates experiences of abuse in social structures such as the church. My epistemological approach is social constructionist. Psychological theories employed are the social constructivist personal construct theory of George Kelly and Gergen's social constructionist theorization. Kelly's theory posits that people construct their own realities in social settings, such as family, culture and everyday social structures. This takes place on a cognitive level through the nervous system. By means of Gergen’s social constructionist theorization the role that social constructions (beliefs and practices) play in (often unintentional) abusive practices in social structures as well as the experiences of victims, is explained. Sociological theories included are Berger and Luckmann’s theory of the social construction of reality as well as Anthony Giddens’ structuration theory, which emphasizes agency (human action) and structure tensions in social structures. I argue that processes such as typification, reification and structuration, as explained by these theorists can result in abusive actions and behaviours (often unintentional) and experiences of abuse by people in groups. In addition, the lives and teachings of Jesus and Paul are examined from a social constructionist perspective. A qualitative investigation was conducted with participants who claim to have experienced abuse in groups. Their stories are used as case studies. A narrative thematic analysis reveals that dominant discourses, for example patriarchal worldviews and belief systems which go unexamined, are often imposed on others which results in experiences of abuse. The study is therefore embedded in a postmodern, social constructionist narrative framework constructed from all three disciplines. Traditions, belief systems and practices should be reflected upon, carefully examined and revisited, and not simply accepted as "reality". Reality is constructed in social interaction and relationship and should be open to review and change should the need arise, prompted by, for example, unacceptable phenomena, such as experiences of abuse in the church. The findings of this study are that the church and pastoral care ministry are often experienced as uncaring and abusive. Underlying dominant discourses should be exposed, since they contribute to practices that cause psychological, social and physical traumatisation and consequences for people. Pastoral care is often neglected because these actions and behaviours are regarded as "normal" and even "biblical". People are labelled and blamed. Male domination, objectification, humiliation, abuse of power and control, misuse of knowledge and truth claims are the consequence. The study revealed a strong correlation between participants’ experiences of abuse and the social constructionist constructs. Therefore social constructionist theory offers an adequate explanation for experiences and actions of abuse in the church.Thesis (PhD)--University of Pretoria, 2012.
Practical Theology
unrestricted
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Dusabeyezu, Etienne. "Closing Gacaca─analysing Rwanda’s challenges with regard to the end of Gacaca courts." 2013. http://hdl.handle.net/11394/3500.
Повний текст джерелаАнотація:
Magister Legum - LLMIn Rwanda, Gacaca courts, community-based traditional courts, were alternative solution of dealing with the legacy of genocide after the failure of modern model of justice. In 2012, Gacaca courts were repealed by the Organic Law 04 of 2012. These courts left behind a large number of cases which include, inter alia, suspects ranged within first category, new cases of those who were or will be extradited from ICTR or other countries, thousands of perpetrators tried in absentia while abroad that have the right to file opposition as well as applications for review lodged against their judgements. Today, all of these cases fall under the jurisdiction of ordinary courts along with ordinary criminal and civil litigations. This causes practical challenges of inability of domestic courts to deal with the huge number of cases. Besides, the organic Law 04 of 2012 that terminates Gacaca courts provides mechanisms to deal with other issues related to the end of Gacaca courts. However, these mechanisms result in unequal treatment of genocide suspects and violate the victims’ rights. This may lead to qualify this law as discriminatory and unjust provision. Furthermore, this law remains silent vis-à-vis the issue of enforcement of sentences rendered against those tried in absentia while abroad and the issue of reparations. Despite the mechanisms set forth to deal with all those cases and other issues left behind by Gacaca courts, serious challenges remain. Confronting these challenges needs international cooperation to bring genocide perpetrators to trial, administrative schemes for reparations as well as legal harmonisation to adapt the domestic legislation to the post-Gacaca situation.
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Іліопол, Інна Михайлівна, Инна Михайловна Илиопол та Inna M. Iliopol. "Апеляційне провадження в цивільному процесі України". Thesis, 2018. http://hdl.handle.net/11300/10499.
Повний текст джерелаАнотація:
Іліопол І.М. Апеляційне провадження в цивільному процесі України: дис. ... канд. юрид. наук: 12.00.03 / Іліопол Інна Михайлівна. - Одеса, 2018. - 250 с.Дисертація на здобуття наукового ступеня кандидата юридичних наук за спеціальністю 12.00.03 - цивільне право і цивільний процес; сімейне право; міжнародне приватне право. - Національний університет «Одеська юридична академія», Одеса, 2018. Дисертація є першим у вітчизняній науці цивільного процесуального права спеціальним комплексним дослідженням апеляційного провадження в цивільному процесі України в умовах судової реформи та євроінтеграційних процесів. У дисертації розглянуто розвиток доктринальних поглядів та законодавчого регулювання апеляції в цивільному процесі у Стародавньому Римі, країнах Західної Європи та в Україні. З’ясовано місце права на апеляційний перегляд справи серед основоположних конституційних засад правосуддя в умовах реформування судової системи України. Розмежовано та визначено поняття «апеляція», «апеляційний перегляд справи», «апеляційне оскарження», «апеляційне провадження», а також надано визначення поняттю «право на апеляційний перегляд справи». Охарактеризовано реалізацію принципів цивільного судочинства в апеляційному провадженні. Розглянуто передумови права на пред’явлення апеляційної скарги та умови його реалізації. Виявлено характерні ознаки апеляційного провадження, а також види апеляції. Охарактеризовано процесуальний порядок розгляду судом апеляційної інстанції справ в умовах оновленого цивільного процесуального законодавства України. З’ясовано межі розгляду справи судом апеляційної інстанції та проаналізовано повноваження суду апеляційної інстанції. Розглянуто порядок винесення (постановлення) судових актів апеляційним судом та їх проголошення. Сформульовано науково обґрунтовані пропозиції з удосконалення цивільного процесуального законодавства України в частині апеляційного провадження.
Диссертация на соискание научной степени кандидата юридических наук по специальности 12.00.03 - гражданское право и гражданский процесс; семейное право; международное частное право. - Национальный университет «Одесская юридическая академия», Одесса, 2018. Диссертация является первым в отечественной науке гражданского процессуального права специальным комплексным исследованием апелляционного производства в гражданском процессе Украины в условиях судебной реформы и евроинтеграционных процессов. В диссертации обозначены методологические основы диссертационного исследования и выбраны его основные направления. На основе проведенного исторического анализа развития апелляции выделены его основные этапы и дана их характеристика. В работе предложено рассматривать апелляционное производство как институт гражданского процессуального права и как стадию гражданского процесса. Установлено, что право на предъявление апелляционной жалобы зависит от наличия определенных предпосылок указанного права. Выявлены характерные признаки апелляционного производства с учетом изменений гражданского процессуального законодательства, рассмотрены виды апелляции и установлено, что порядок рассмотрения дел при полной и неполной апелляции имеет определенные отличия, которые рассмотрены сквозь призму выделения недостатков и преимуществ каждого из видов апелляции. Охарактеризованы процессуальные особенности рассмотрения дел судом апелляционной инстанции в условиях обновленного гражданского процессуального законодательства Украины. Сформулированы научно обоснованные предложения по совершенствованию гражданского процессуального законодательства Украины, регулирующего апелляционное производство.
Dissertation for the scientific degree of Candidate of Law in specialty 12.00.03 - Civil Law and Civil Proceedings; Family Law; International Private Law.- National University “Odessa Academy of Law”, Odessa, 2018. This dissertation is the first special comprehensive research of appeal proceedings in civil process of Ukraine under the conditions of the judicial reform and euro integration processes to be found in the domestic science of civil procedural law. The dissertation outlines the methodological foundation of the research and choses basic directions thereof. Key stages of the evolution of the institute of appeal procedure have been distinguished on the basis of the relevant historic analysis. The place of the right to appeal review of cases among other constitutional fundamentals of justice under the condition of Ukraine’s judicial system reform has been specified. Delimitation lines were drawn between and definitions were given to the notions “appeal”, “appeal review of a case”, “appeal challenge” and “appeal proceedings”; further, the notion of the “right to appeal review of cases” was defined. The work propounds to view appeal proceedings as an institute of civil procedural law and a stage of civil process. The institute of appeal proceedings has been considered taking into account the introduction of new principles in the civil proceedings of Ukraine, namely those of legal certainty, finality of the judgment, proportionality and inadmissibility of procedural rights abuse. It has been specified that the right to submission of an appeal depends upon the availability of certain prerequisites of the above mentioned right. The classification of these prerequisites has been propounded depending upon the characteristics of the case: 1) subjective prerequisites connected with the person (substantive legal, procedural interest (legal interest); the absence of a refusalto exercise the right to file an appealdeclared in accordance with the law; 2)objective prerequisites, depending on the subject matter, which is submitted for consideration by the court of appellate instance (judgments of the first instance as an object of appeal);the competence of the court to hear the case; the exclusion of this category from the cases to be considered in appeal proceedings; availability of a decision that has entered into legal force in the case between the same parties on the same subject and grounds. The characteristic features of appeal proceedings have been specified taking into account the amendments to the civil procedural law. The types of appeal have been examined and it was established that the procedure for dealing with cases with full and incomplete appeal has particular differences that were considered through the prism of highlighting the shortcomings and advantages of each type of appeal. The procedural features of consideration of cases by courts of appellate instance in the conditions of the updated civil procedural legislation have been characterized. The peculiarities of institution of the appellate proceedings have been investigated; the general characteristic of the possibility of filing an appeal in electronic form was given. The stages of the appellate proceedings have been singled out and a brief description of the preparation and procedure for consideration of casesby the court of appealhas been provided. The limits of the appeal court’s review as well as the powers of the appellate court have been analyzed through the prism of the latest novelties in the legislation. Scientifically grounded propositions concerning the improvement of civil procedural legislation of Ukraine dealing with appeal proceedings have been formulated.
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Rocha, António Soares da. "Oposição vs impugnação judicial." Master's thesis, 2012. http://hdl.handle.net/10400.14/16217.
Повний текст джерелаАнотація:
Esta dissertação surge num contexto específico, onde ressaltam as funções que o mestrando profissionalmente exercia e a relação com o seu orientador, Prof. Doutor Rui Morais.
Numa prima facie, havia da parte do mestrando a preocupação de elaborar uma obra sobre o contencioso tributário (restrita aos meios de reação de que os sujeitos passivos dispõem) aproximando o mais possível os contribuintes e a Administração Tributária, no sentido de tornar exequível o que comumente cita “quanto mais elucidados forem os sujeitos passivos, melhor será a interação AT- contribuinte”.
Entendeu o orientador, em conversa informal com o mestrando, e bem, que dissertar sobre todos os meios de defesa ao alcance dos contribuintes, seria uma matéria muito extensa e, como tal, deveria ser fracionada e relegada para futuras publicações, sugerindo que de momento o tema se cifrasse no presente título “Oposição vs Impugnação Judicial”, demarcando as situações de ilegalidade concreta e abstrata da liquidação e convolação processual. O autor, contemplando efetivamente tal sugestão, resolve abarcar de forma sucinta estes dois meios de defesa do contribuinte, desde a génese do ato administrativo, passando pela reação do sujeito passivo, até ao recurso jurisdicional.
Passou por trilhos que não são muito inteligíveis, sobretudo quando entra nos casos específicos e excecionais dos dois meios processuais em questão. À primeira vista, parece fácil estabelecer a cisão entre tais meios, partindo do pressuposto de que num dos casos se discute a legalidade da dívida e no outro a sua inexigibilidade. Também não oferecem dúvidas os casos em que a notificação indica expressamente qual é o meio de reação. A situação já assume outra acuidade quando se está na presença de atos silentes da AT, situação em que a lei faculta ao sujeito passivo um impulso à sua defesa, partindo do pressuposto do indeferimento tácito da pretensão que administrativamente manifestou, como é o caso da reclamação graciosa e do recurso hierárquico.
De todo o modo, também procurou deixar claro o instituto da convolação processual, desde que estejam reunidos os pertinentes pressupostos, e os casos em que, mesmo que intempestivamente, a lei não deixa o interessado sem meio de defesa, sempre na salvaguarda do princípio da tutela jurisdicional efetiva. Por isso mesmo, também se estendeu relativamente à matéria dos prazos, os quais na impugnação obedecem a um esmerado cuidado.
Finalmente, preocupou-se com o que lhe parece ser em contencioso tributário a questão dos atos supervenientes, na ampliação da ação na presença de ato expresso da AT após a reação ao indeferimento tácito e sobre a dualidade de prazos de interposição de recurso entre o CPPT e o CPTA.This dissertation emerges within a specific context, where the tasks that the master degree’s student was previously involved in and his relationship with his supervisor, Professor Rui Morais are relevant. In a prima facie stage, was part of the Master's student concern to develop a work on tax litigation (restricted to the means of reaction available to taxpayers), bringing as close as possible the taxpayers and tax administration (TA), in order to make what he commonly cites "the more taxpayers are elucidated, the better the interaction TA-taxpayer" feasible. From an informal talk with the student, the supervisor realized that to analyze all means of defense within the taxpayers’ reach, would be a very extensive field, and as such, it should be fractionated and relegated to future publications, suggesting that, at the present time, the issue should be limited to the subject of this title "Opposition vs Judicial Challenge", defining situations of specific and abstract illegality of tax assessment and procedural conversion. The author, having actually contemplated such a suggestion, decides to cover the whole topic succinctly, these two means of defense of the taxpayer, from the genesis of the administrative act, including the reaction of the taxpayer, to court appeals. The author also went through trails which are not very intelligible, especially when he addresses specific and exceptional cases of the two procedural means mentioned above. At first glance, it seems easy to establish the difference between these means, assuming that in one of the cases the legality of debt is discussed and on the other its unenforceability. In addition, there is also no doubt in cases where the notification indicates what the possible means of reaction is. The situation becomes more important when you are in the presence of omission situations of TA, in which the law entitles the taxpayer to a defense, assuming implied refusal of his claim that he has administratively expressed, as is the case of administrative appeal and hierarchical appeal . In any case, he also sought to clarify the procedural conversation conjuncture, as long as the relevant principles are met, and when, even if unexpectedly, the law does not let the person without means of defense, always safeguarding the principle of effective judicial protection. Therefore, he has also developed his thinking in what concerns to the deadlines that, when in judicial challenge, is a relevant matter. Finally, there was a concern about what seems to be in tax litigation, the issue of supervenient acts in the expansion of the action in the presence of the expressed act of TA after the tacit rejection reaction and in the duality of deadlines to appeal between CPPT (Code of Tax Procedure and Proceedings) and CPTA (Code of Procedure of the Administrative and Tax Courts).
Книги з теми "Challenge appeals"
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Lumley, James E. A. Challenge your taxes: Homeowner's guide to reducing your property taxes. New York: John Wiley & Sons, 1998.
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Ramcharan, B. G. The Guyana Court of Appeal: The challenges of the rule of law in a developing country. London: Cavendish, 2002.
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United States. Congress. Senate. Committee on Veterans' Affairs. Battling the backlog part II: Challenges facing the U.S. Court of Appeals for Veterans Claims : hearing before the Committee on Veterans' Affairs, United States Senate, One Hundred Ninth Congress, second session, July 13, 2006. Washington: U.S. G.P.O., 2007.
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Office, General Accounting. Tax Administration: Most taxpayers believe they benefit from paid tax preparers, but oversight for IRS is a challenge : report to the Committee on Finance, U.S. Senate. Washington, D.C: GAO, 2003.
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British Medical Association. General Medical Services Committee. How to resist a challenge to your dispensing services: GMSC guidance on how to submit evidence to FHSAs and the FHS Appeal Unit. [London]: British Medical Association, 1992.
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Akanbi, Muhammed Mustapha. The judiciary and the challenges of justice: Selected papers and speeches of honourable justice Muhammed Mustapha Akanbi, president, Court of Appeal, Nigeria. Lagos, Nigeria: Patrioni Books, 1996.
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Office, General Accounting. Competitive contracting: Agencies upheld few challenges and appeals under the FAIR Act : report to the Chairman, Subcommittee on Government Management, Information, and Technology House Committee on Government Reform. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): U.S. General Accounting Office, 2000.
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Office, General Accounting. Competitive contracting: Agencies upheld few challenges and appeals under the FAIR Act : report to the Chairman, Subcommittee on Government Management, Information, and Technology, House Committee on Government Reform. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): The Office, 2000.
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Office, General Accounting. Competitive contracting: Agencies upheld few challenges and appeals under the FAIR Act : report to the Chairman, Subcommittee on Government Management, Information, and Technology, House Committee on Government Reform. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): The Office, 2000.
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Lumley, James E. A. Challenge Your Taxes: Homeowner's Guide to Reducing Property Taxes. Wiley & Sons, Incorporated, John, 2008.
Знайти повний текст джерелаЧастини книг з теми "Challenge appeals"
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Kiendrebeogo, Martin. "8.1.3. Complexities of implementation and dissemination challenges." In Appear, 212–13. Wien: Böhlau Verlag, 2015. http://dx.doi.org/10.7767/9783205201731-054.
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Krebs, Roland. "3.4.3 Transforming city: The challenge of developing the centre of Managua." In Appear, 83–92. Wien: Böhlau Verlag, 2015. http://dx.doi.org/10.7767/9783205201731-018.
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Hansbrough, Tiffany Keller. "Deconstructing the Appeal of Toxic Leaders." In Emerging Challenges in Business, Optimization, Technology, and Industry, 15–20. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-58589-5_2.
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Antonsen, Stian. "Between Natural and Artificial Intelligence." In Managing Future Challenges for Safety, 41–50. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-07805-7_5.
Повний текст джерелаАнотація:
AbstractAlgorithms have always been a key topic in safety science, whether they are governing technology through computer programming or human actors through organisational procedures. However, when the term “algorithm” is not limited to the static pre-programming of expert knowledge algorithms with the ability to change themselves, a new branch of uncertainties appears. With the concepts of epistemic uncertainty and epistemic accidents as a backdrop, I discuss safety-related challenges with the use of artificial intelligence (AI) in high-risk industries. The aim is to highlight uncertainties inherent in AI, paradoxes for safety management and risk governance, as well as the human contribution to safety in future.
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Campbell, Liz, Andrew Ashworth, and Mike Redmayne. "12. Appeals, reviews, and retrials." In The Criminal Process, 383–425. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198818403.003.0012.
Повний текст джерелаАнотація:
This chapter examines the appeals system, the most important purpose of which from the legal system’s point of view is the development and clarification of the law. Reviewing the law in this way allows the higher courts to exert some control over the lower courts and adds much to an understanding of the forces shaping the appeals system. From the point of view of litigants, appeals offer a chance to challenge a result they are unhappy with. The chapter discusses restrictions on appeal rights; challenging jury verdicts; due process appeals; post-appeal review of convictions by the Criminal Cases Review Commission; miscarriages of justice, prosecution appeals; and double jeopardy and retrials.
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Haughton, Tim, and Kevin Deegan-Krause. "Puzzles of Party Politics." In The New Party Challenge, 1–27. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198812920.003.0001.
Повний текст джерелаАнотація:
Scholars seeking to explain the patterns of party politics in Central Europe since 1989 have drawn on accounts that stress the role of cleavages, economic performance, legacies, populism, and European Union accession and membership. Although they offer insights, these accounts in themselves do not provide a compelling explanation. More attention needs to be focused on individual parties and the choices they make, and the raw materials at their disposal. New parties make much of their newness, while their success is also fuelled by appeals of celebrity and promises of anti-corruption. Existing accounts of party formation and breakthrough, however, overlook the increasingly strong institutional links between party birth and party death. A more nuanced understanding of today’s party politics must also attend to the role of time, both diachronically and synchronically, in shaping the organizational choices made by parties and the appeals they use to win voter support.
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Haughton, Tim, and Kevin Deegan-Krause. "The Old and the New." In The New Party Challenge, 115–42. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198812920.003.0004.
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New parties are different from the more established parties in terms of their organization, appeals, and leadership. Not only do they often take the cosmetic step of avoiding the word ‘party’ in their names, but they also usually choose very different organizational structures, with far fewer members and party branches. Furthermore, in contrast to the more established parties whose pitch is based on left–right economic positioning or their socially conservative or socially liberal stances, new parties make a pitch to the electorate based around their novelty, the personality and celebrity of their leader, and an anti-corruption appeal. Finally, many of these new parties are much more leader-dominated vehicles than the longer-established parties. These choices made by the new parties may have positive impacts on their chances of initial success, but have negative impacts on their chances of longer-term survival.
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Wafi, Judge Ouagadeye. "Reflections on the Habré Appeals Decision." In The President on Trial, 161–66. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198858621.003.0022.
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This chapter offers reflections of EAC Appeals Judge Ouagadeye Wafi, who discusses producing the highly anticipated appeals decision. Specifically, he comments on the challenge of ruling on multiple procedural challenges raised by the defence, as well as the reasoning behind maintaining the conviction in its entirety save for acquitting Hissène Habré of personally raping Khadidja Hassan Zidane. In hindsight, the main challenge presented by the appeal was to satisfactorily deal with the recognition of the civil parties and the question of compensation with only twenty-eight working weeks to do so. Although Judge Wafi did not observe any political influence or pressure, he feels that the time limit, albeit understandable and intrinsically linked to the budget, served to hinder the work of justice, which in itself should not be so strictly regulated. As a result, the Appeals Court was forced to encumber the Trust Fund for Victims with tasks that it could have undertaken itself had it had the necessary human, financial, and time resources. Particularly in terms of eligibility, this would have allowed the victims to definitely be in the know at the time of the verdict was announced, and which would also have prevented new actors from the need to delve into such a sprawling file, saving precious time.
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Thomas, Robert. "Asylum Appeals: The Challenge of Asylum To The British Legal System." In The Challenge of Asylum to Legal Systems, 201–22. Routledge-Cavendish, 2020. http://dx.doi.org/10.4324/9781003076773-10.
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Haughton, Tim, and Kevin Deegan-Krause. "Slovenia Is Everywhere? How New Party Subsystems and Cycles Extend Worldwide." In The New Party Challenge, 207–36. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198812920.003.0007.
Повний текст джерелаАнотація:
Many of the patterns of party politics we have witnessed in Central Europe are also in evidence in other regions of the world. From Iceland to Israel, from Greece, and Guatemala, and in countries as diverse as Peru and Japan, new parties and politicians have broken through, and some old, seemingly well-established, parties have lost significant levels of support or collapsed altogether. The emergence of new parties in many countries across the globe follow the patterns of their predecessors in Central Europe, with thin organization, celebrity leaders and appeals based on anti-corruption, and newness itself. Many of these new parties have also exhibited short shelf-lives, living fast and dying young, creating space and a voting base for a subsequent wave of new parties.
Тези доповідей конференцій з теми "Challenge appeals"
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Dimitrova, Tanya. "APPEALS BEFORE THE JUDGE IN THE CONSTITUTION OF THE PARTIES IN COURT PROCEEDINGS IN CONFLICT OF ACTS UNDER THE ZONING ACT." In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.257.
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The paper reviews some of the main provisions in the legal regulation and its changes over time in relation to the challenge of some of the acts under the Law on Spatial Planning (LZP) and its impact on the court's discretion in constituting the parties in the court proceedings. The subsidiary application of the Administrative Procedure Code (APC) in proceedings under the Planning Act in relation to a general to a special law is examined. The importance of the sources of information for the specific parties in the court proceedings challenging the various acts on spatial planning is highlighted.
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Mercure, Robert A. "NASA’s HSCT — Past and Future Prospects." In ASME Turbo Expo 2000: Power for Land, Sea, and Air. American Society of Mechanical Engineers, 2000. http://dx.doi.org/10.1115/2000-gt-0012.
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With the termination of the government/industry partnership on the High Speed Civil Transport (HSCT) program in late 1998, the prospects for a U.S. SuperSonic Transport (SST) appears uncertain. However, NASA’s goal of “Reducing travel time to the Far East and Europe by 50% within 25 years” remains intact. The decision by industry to build an HSCT has been postponed and there is now more time to explore advanced technologies and revolutionary concepts that could make a supersonic aircraft an environmentally compatible and economically viable success. Studies will likely continue to examine future constraints regarding flight speed, range, size, market impacts and economics. The technology challenges may appear formidable, but the potential revenue generated and the benefits realized in reduced travel time by an HSCT will provide the incentive to continue the research.
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Rabitz, Herschel, Theodore E. Simos, and George Maroulis. "Why Does Controlling Quantum Phenomena Appear Easy to Achieve?" In COMPUTATIONAL METHODS IN SCIENCE AND ENGINEERING: Theory and Computation: Old Problems and New Challenges. Lectures Presented at the International Conference on Computational Methods in Science and Engineering 2007 (ICCMSE 2007): VOLUME 1. AIP, 2007. http://dx.doi.org/10.1063/1.2836054.
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Shrayberg, Yakov L. "Library automation in the context of digitalization: Advances and challenges." In Third scientific and practical conference «BiblioPiter-2022». Russian National Public Library for Science and Technology, 2022. http://dx.doi.org/10.33186/978-5-85638-249-4-76-79.
Повний текст джерелаАнотація:
The evolution of library automation is reviewed. The term informatization is defined. Automation gives way to informatization that, in its turn, appears to be the precursor of digitalization. The terms digitization and digitalization are defined; the difference between them is revealed. The requirements to modern ALIS in the age of the 4-th industrial revolution are examined. The home-grown IRBIS ALIS is characterized.
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Mercure, Robert A. "Propulsion System Considerations for Future Supersonic Transports: A Global Perspective." In ASME 1996 International Gas Turbine and Aeroengine Congress and Exhibition. American Society of Mechanical Engineers, 1996. http://dx.doi.org/10.1115/96-gt-245.
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With research and technology (R&T) development activities for the next generation SuperSonic Transport (SST) being pursued globally over the past few years, the options to proposed airframe and engine concepts appears to be converging. The United States, the Europeans, and the Japanese are all engaged in developing the technologies needed for a future SST that is environmentally compatible and economically practical. Boeing and McDonnell Douglas are part of the team under an R&T contract with the National Aeronautics and Space Administration to develop critical components and enabling materials that will allow industry to make a production decision by 2003. Europe’s three main aircraft manufacturer’s — i.e., Aerospatiale, British Aero-space, and Deutsche Aerospace — comprise the European Supersonic Research Program (ESRP). A primary Japanese effort called the Hypersonic Transport Propulsion System Research (HYPR) project consists of a consortium of four international engine manufacturers and the National Japanese Laboratory. The manufacturers are: Ishikawajima-Harima Heavy Industries Co. Ltd., the Kawasaki Heavy Industries Co. Ltd., Mitsubishi Heavy Industries Co. Ltd., and General Electric Aircraft Engines Company, USA. A recent study by the Japan Aircraft Development Corporation (Reference 1) also addressed the technology requirements for the next generation SST. There are basically three major challenges that must be met before a new SST can become a reality. They are the technical, environmental, and economic challenges. The technical challenges of the propulsion system primarily reduce the development of new materials capable of sustaining higher temperatures and vibration (high and low frequency) over longer exposure times as well as capable of being produced at reasonable costs. Low emission combustors and low exhaust jet noise are the primary environmental challenges, which are a technical challenge in themselves. The economic challenge is to produce an aircraft and propulsion system that allows the manufacturers to recover development and manufacturing costs as well as realize a reasonable Return-On-Investment (ROI). In addition, Life Cycle Costs (LCC) must not be substantially above future subsonic airliners in order to justify premium fares the public would be willing to pay for the time savings of long-distance flights and still be profitable to the airlines.
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Staníčková, Michaela, and Lukáš Melecký. "EU Cohesion After Covid-19: What Are the New Trends for the Resilient Future?" In XXV. mezinárodní kolokvium o regionálních vědách. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0068-2022-33.
Повний текст джерелаАнотація:
COVID-19 pandemic presents a significant challenge for the entire European Union. National, regional and local communities are on the front line in countering the disease and its socio-economic impact. Solidarity and responsibility across our societies and between Member States are key to overcoming this challenge. COVID-19 intensified and accelerated the debate on the resilience of regional economies not only to respond to exogenous shocks but how to shape viable environments. These are systems that meet today's demands and future challenges. In the first line, especially, the green and digital transitions' potential is highlighted as new drivers of EU growth. New economic, social and territorial disparities may appear without appropriate policy action. The aim is that the cohesion policy should respond to these challenges and, in particular, ensure that place-based, multilevel, and partnership-led approaches continue to improve cohesion while building on synergies and mainstreaming cohesion objectives into other policies and instruments. Via literature review method, the paper aims to summarise the fundamental aspects of the EU Cohesion Policy not only for the programming period 2021-2027 but in the long-term perspectives, i.e., cohesion towards 2050. How will the EU Cohesion Policy help in the future? The transition to carbon-neutrality will transform the EU’s economy. The digital transition is moving forward at different speeds across the EU. The EU Cohesion Policy will become more flexible, drawing on the lessons from the pandemic, to adapt more easily to unexpected shocks, e.g., by a higher flexibility in transferring resources.
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Villoria, Bruno. "Crossing of Bjørnafjorden - Floating Bridge Concept." In IABSE Congress, Stockholm 2016: Challenges in Design and Construction of an Innovative and Sustainable Built Environment. Zurich, Switzerland: International Association for Bridge and Structural Engineering (IABSE), 2016. http://dx.doi.org/10.2749/stockholm.2016.1911.
Повний текст джерелаАнотація:
The purpose of this paper is to present the different floating bridge solutions that have been evaluated for the crossing of Bjørnafjorden. It appears to be feasible to place the navigation channel either in the middle of the fjord or in the vicinity of the southern shore. In both scenarios a straight bridge alternative anchored to the seabed and a curved solution without mooring lines are evaluated.
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Ungarish, M. "Modelling and Simulation of Rotating Buoyant Suspensions: Fundamentals and Challenges." In ASME 1997 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 1997. http://dx.doi.org/10.1115/imece1997-1244.
Повний текст джерелаАнотація:
Abstract The methodology used in the analysis of the flow-field of non-colloidal suspensions in a rotating system, accompanied by separation under the action of a centrifugal or gravitational field, is discussed. Some results for centrifugal separation and rotating particle-driven gravity currents are reviewed, and some new challenging questions that appear in the context of these problems are pointed out.
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Štefančič, Eva, Maša Kovač, Klara Zalokar, Vito Milošević, and Marko Milanovski. "Prevention and Management of Stress Relating to Work." In Challenges in Economics and Business in the Post-COVID Times. University of Maribor Press, 2022. http://dx.doi.org/10.18690/um.epf.5.2022.48.
Повний текст джерелаАнотація:
The main purpose of the paper is to examine stress in the workplace, with a focus on researching stress related to age and sex. 22% of employed people in the European Union face stress. The consequences of stress are manifested in forms of sick leave, the avoidance of certain work tasks, inefficiency and reduced productivity, dissatisfaction with work and with themselves. If a person does not face up to their problems, it can lead to deep frustration, exhaustion and even burnout syndrome, which is easily expressed on a physical level in the form of psychosomatic diseases. There are strategies for overcoming stress at the individual and organisational level, however sometimes, despite these strategies and techniques, stress appears in all its forms and causes health problems, therefore it is necessary to seek medical and other professional help (psychologist, psychotherapist). The authors of this paper found that the level of stress among employees in organisations is high, women are more likely to experience stress in an ‘emotional way’, while men are more likely to suffer physical illnesses because of stress, and secondary school/university students are the most stressed.
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Zhou, Yuqing, Tsuyoshi Nomura, Enpei Zhao, Wei Zhang, and Kazuhiro Saitou. "Large-Scale Three-Dimensional Anisotropic Topology Optimization of Variable-Axial Composite Structures." In ASME 2020 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/detc2020-22509.
Повний текст джерелаАнотація:
Abstract Variable-axial fiber-reinforced composites allow for local customization of fiber orientation and thicknesses. Despite their significant potential for performance improvement over the conventional multiaxial composites and metals, they pose challenges in design optimization due to the vastly increased design freedom in material orientations. This paper presents an anisotropic topology optimization (TO) method for designing large-scale, 3D variable-axial composite structures. The computational challenge for large-scale 3D TO with extremely low volume fraction is addressed by a tensor-based representation of 3D orientation that would avoid the 2π periodicity of angular representation such as Eular angles, and an adaptive meshing scheme, which, in conjunction with PDE regularization of the density variables, refines the mesh where structural members appear and coarsens where there is void. The proposed method is applied to designing a heavy-duty drone frame subject to complex multi-loading conditions. Finally, the manufacturability gaps between the optimized design and the fabrication-ready design for Tailored Fiber Placement (TFP) is discussed, which motivates future work toward fully-automated design synthesis.
Звіти організацій з теми "Challenge appeals"
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Mooney, Henry, David Rosenblatt, Monique Graham, Natasha Richardson, María Cecilia Acevedo, Stefano Pereira, Khamal Clayton, Cloe Ortiz de Mendívil, and Victor Gauto. Caribbean Economics Quarterly: Volume 11, Issue 2: Finance for Firms: Options for Improving Access and Inclusion. Inter-American Development Bank, July 2022. http://dx.doi.org/10.18235/0004392.
Повний текст джерелаАнотація:
This edition of the Caribbean Economics Quarterly (Q2-2022) is a collaboration between the IDBs Caribbean Country Department and IDB Invest, which focuses on firms access to finance. The report begins by considering both the nature and history of the regions financial sector development, highlighting key measures of financial access and adequacy. It then leverages enterprise survey data developed by the Compete Caribbean partnership to assess legacy and emerging challenges facing firms from across the region, including those owned and/or operated by women. Newly available data from 2020 are compared with a previous vintage of the surveys from 2014, providing important insights into how circumstances have evolved, especially considering the COVID-19 shock. The analysis suggests that: (i) financial sectors and firms across the Caribbean face outsized challenges, particularly when compared to peers across the globe; (ii) the COVID-19 crisis appears to have further constrained access to finance; (iii) smaller firms appear to face more significant hurdles than larger ones; and, (iv) women-owned and/or operated firms face more severe challenges with respect to financial access than other firms across the region. Policies and reforms with the potential to improve financial development, access, and inclusion are highlighted, as well as successful examples of IDB support and collaboration in related areas across the Latin American and Caribbean region.
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Perera, Duminda, Ousmane Seidou, Jetal Agnihotri, Mohamed Rasmy, Vladimir Smakhtin, Paulin Coulibaly, and Hamid Mehmood. Flood Early Warning Systems: A Review Of Benefits, Challenges And Prospects. United Nations University Institute for Water, Environment and Health, August 2019. http://dx.doi.org/10.53328/mjfq3791.
Повний текст джерелаАнотація:
Floods are major water-related disasters that affect millions of people resulting in thousands of mortalities and billiondollar losses globally every year. Flood Early Warning Systems (FEWS) - one of the floods risk management measures - are currently operational in many countries. The UN Office for Disaster Risk Reduction recognises their importance and strongly advocates for an increase in their availability under the targets of the Sendai Framework for Disaster Risk Reduction, and Sustainable Development Goals (SDGs). However, despite widespread recognition of the importance of FEWS for disaster risk reduction (DRR), there’s a lack of information on their availability and status around the world, their benefits and costs, challenges and trends associated with their development. This report contributes to bridging these gaps by analyzing the responses to a comprehensive online survey with over 80 questions on various components of FEWS (risk knowledge, monitoring and forecasting, warning dissemination and communication, and response capabilities), investments into FEWS, their operational effectiveness, benefits, and challenges. FEWS were classified as technologically “basic”, “intermediate” and “advanced” depending on the existence and sophistication of FEWS` components such as hydrological data = collection systems, data transfer systems, flood forecasting methods, and early warning communication methods. The survey questionnaire was distributed to flood forecasting and warning centers around the globe; the primary focus was developing and least-developed countries (LDCs). The questionnaire is available here: https://inweh.unu.edu/questionnaireevaluation-of-flood-early-warning-systems/ and can be useful in its own right for similar studies at national or regional scales, in its current form or with case-specific modifications. Survey responses were received from 47 developing (including LDCs) and six developed countries. Additional information for some countries was extracted from available literature. Analysis of these data suggests the existence of an equal number of “intermediate” and “advanced” FEWS in surveyed river basins. While developing countries overall appear to progress well in FEWS implementation, LDCs are still lagging behind since most of them have “basic” FEWS. The difference between types of operational systems in developing and developed countries appear to be insignificant; presence of basic, intermediate or advanced FEWS depends on available investments for system developments and continuous financing for their operations, and there is evidence of more financial support — on the order of USD 100 million — to FEWS in developing countries thanks to international aid. However, training the staff and maintaining the FEWS for long-term operations are challenging. About 75% of responses indicate that river basins have inadequate hydrological network coverage and back-up equipment. Almost half of the responders indicated that their models are not advanced and accurate enough to produce reliable forecasts. Lack of technical expertise and limited skilled manpower to perform forecasts was cited by 50% of respondents. The primary reason for establishing FEWS, based on the survey, is to avoid property damage; minimizing causalities and agricultural losses appear to be secondary reasons. The range of the community benefited by FEWS varies, but 55% of FEWS operate in the range between 100,000 to 1 million of population. The number of flood disasters and their causalities has declined since the year 2000, while 50% of currently operating FEWS were established over the same period. This decline may be attributed to the combined DRR efforts, of which FEWS are an integral part. In lower-middle-income and low-income countries, economic losses due to flood disasters may be smaller in absolute terms, but they represent a higher percentage of such countries’ GDP. In high-income countries, higher flood-related losses accounted for a small percentage of their GDP. To improve global knowledge on FEWS status and implementation in the context of Sendai Framework and SDGs, the report’s recommendations include: i) coordinate global investments in FEWS development and standardise investment reporting; ii) establish an international hub to monitor the status of FEWS in collaboration with the national responsible agencies. This will support the sharing of FEWS-related information for accelerated global progress in DRR; iii) develop a comprehensive, index-based ranking system for FEWS according to their effectiveness in flood disaster mitigation. This will provide clear standards and a roadmap for improving FEWS’ effectiveness, and iv) improve coordination between institutions responsible for flood forecasting and those responsible for communicating warnings and community preparedness and awareness.
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Herbert, George. How Can Middle-income Countries Improve Their Skills Systems Post- COVID-19? Institute of Development Studies (IDS), February 2021. http://dx.doi.org/10.19088/k4d.2021.082.
Повний текст джерелаАнотація:
Vocational training systems in middle-income countries are going to face multiple challenges in the post-COVID era, notably, challenges related to (1) automation; (2) the transition to a green economy, and (3) demographic pressures. Of these, automation - linked to the burgeoning ‘fourth industrial revolution’ that is set to transform the global economy - represents the most serious challenge and is the only one of the three challenges discussed in any depth in this paper. Whilst estimates of the likely scale of automation in the coming years and decades vary widely, it appears likely that waves of automation will lead to a dramatic decline in many kinds of jobs that largely involve routine, repetitive tasks. These trends pre-date COVID-19, but the disruption caused by the pandemic provides an opportunity to prepare for these challenges by implementing vocational training system reforms as part of the Build Back Better agenda. Reforms to vocational training systems will be crucial to ensuring middle-income countries respond appropriately to accelerating labour market changes. However, they should only form a limited part of that response and need to be integrated with a wide range of other policy measures. Vocational training reform will need to occur in the context of major reforms to basic education in order to ensure that all workers are equipped with the cross-cutting cognitive and socio-emotional skills they will require to perform hard-to-automate tasks and to be able to learn and adapt rapidly in a changing economy. Middle-income countries will also likely need to progressively expand social protection schemes in order to provide a safety net for workers that struggle to adapt to changing labour market requirements.
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Rentería Palomares, Zaira, Jorge Gutiérrez García, and Daniel Perdomo Rodríguez. Digitalization in the Extractive Sector: A Comparative Analysis of the Andean Region. Inter-American Development Bank, December 2022. http://dx.doi.org/10.18235/0004675.
Повний текст джерелаАнотація:
Global efforts to achieve the climate goals specified in the Paris Agreement pose major challenges for the global production system, because demand for clean fuels, metals, and minerals will increase considerably in the coming decades. This trend is the main driver for extractive companies transformations of their production systems to maintain their profitability and operability in the face of an increasingly stringent context in economic, environmental, and social terms. Hence, the adoption of digital technologies appears as a unique opportunity that would enable the industry to meet the challenges posed by the energy transition that is looming. In this challenging context, companies in the extractive sector have started to rethink not only their internal operations, but also the ways in which they interact with communities, the environment, and public opinion.
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Yilmaz, Ihsan, and Kainat Shakil. Religious Populism and Vigilantism: The Case of the Tehreek-e-Labbaik Pakistan. European Center for Populism Studies (ECPS), January 2022. http://dx.doi.org/10.55271/pp0001.
Повний текст джерелаАнотація:
Religious populism and radicalism are hardly new to Pakistan. Since its birth in 1947, the country has suffered through an ongoing identity crisis. Under turbulent political conditions, religion has served as a surrogate identity for Pakistan, masking the country’s evident plurality, and over the years has come to dominate politics. Tehreek-e-Labbaik Pakistan (TLP) is the latest face of religious extremism merged with populist politics. Nevertheless, its sporadic rise from a national movement defending Pakistan’s notorious blasphemy laws to a “pious” party is little understood. This paper draws on a collection of primary and secondary sources to piece together an account of the party’s evolution that sheds light on its appeal to “the people” and its marginalization and targeting of the “other.” The analysis reveals that the TLP has evolved from a proxy backed by the establishment against the mainstream parties to a full-fledged political force in its own right. Its ability to relate to voters via its pious narrative hinges on exploiting the emotional insecurities of the largely disenfranchised masses. With violence legitimized under the guise of religion, “the people” are afforded a new sense of empowerment. Moreover, the party’s rhetoric has given rise to a vigilante-style mob culture so much so that individuals inspired by this narrative have killed in plain sight without remorse. To make matters worse, the incumbent government of Imran Khan — itself a champion of Islamist rhetoric — has made repeated concessions and efforts to appease the TLP that have only emboldened the party. Today, the TLP poses serious challenges to Pakistan’s long-standing, if fragile, pluralistic social norms and risks tipping the country into an even deadlier cycle of political radicalization.
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Young, Craig. Problematic plant monitoring in Pea Ridge National Military Park: 2006–2021. Edited by Tani Hubbard. National Park Service, June 2022. http://dx.doi.org/10.36967/nrr-2293656.
Повний текст джерелаАнотація:
Managers are challenged with the impact of problematic plants, including exotic, invasive, and pest plant species. Information on the cover and frequency of these plant species is essential for developing risk-based approaches to managing them. Based on surveys conducted in 2006, 2013, 2018, and 2021, Heartland Inventory and Monitoring Network staff and contractors identified a cumulative total of 38 potentially problematic plant species in Pea Ridge National Military Park. Of the 35 species found in 2021, we characterized 13 as very low frequency, 9 as low frequency, 9 as medium frequency, and 4 as high frequency. Of these 35 species, midpoint cover estimates of 4 medium frequency and all 4 high frequency species exceeded the 10-acre threshold. The 10-acre threshold represents a limit beyond which eradication of a problematic plant species is likely not possible. Clearing of eastern redcedar (Juniperus virginiana) continues to be evident in our observations, and sericea lespedeza (Lespedeza cuneata) appears to have increased as clearing progressed. The rapid increase in Japanese stiltgrass (Microstegium vimineum) appears to be parkwide. Because of the number, extent, and cover of problematic plants in the park, control efforts should focus on early detection treatments and strategic treatment of high priority, widespread species to protect features of the park’s natural and cultural landscapes. High priority species may include plant species capable of rapid spread, species at low population levels, and species that can be effectively controlled.
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Ruhf, Kathryn, and Kate Clancy. A Regional Imperative: The Case for Regional Food Systems. Thomas A. Lyson Center for Civic Agriculture and Food Systems, September 2022. http://dx.doi.org/10.5304/lyson.2022.001.
Повний текст джерелаАнотація:
‘Regional food systems’ appears with increasing frequency in scholarly works and among food system practitioners. Yet regional food systems are understudied and undervalued. Much more attention to regionalism and regional food systems is necessary to create more sustainable, equitable, and resilient food systems for all. Building from the authors’ 2010 paper, “It takes a region… Exploring a regional food systems approach: A working paper,” this greatly expanded report explores the concepts, practices, challenges, and promise of regional food systems. The report’s focus is on the Northeast U.S., a laboratory for regional food systems thinking and action, but it also describes and gives examples of regional food systems development across the country. The arguments in favor of regional approaches and explorations apply to all regions and embracing them could not be more imperative to address contemporary conditions.
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Pazaitis, Alex, Chris Giotitsas, Leandros Savvides, and Vasilis Kostakis. Do Patents Spur Innovation for Society? Lessons from 3D Printing. Mέta | Centre for Postcapitalist Civilisation, 2021. http://dx.doi.org/10.55405/mwp7en.
Повний текст джерелаАнотація:
Effective appropriation of new technology has long been considered essential for innovation. Yet, the role of patents and other Intellectual Property tools has been questioned, both for rewarding innovators and serving societal needs. Simultaneously, there is ample empirical evidence of technological advance accelerating under conditions of loose appropriability, for example, when patents expire and cases of innovations based on shared technology and diverse motivations. This paper explores the case of the 3D printing technology, which appears to have found successful commercialization and dynamic market growth after key patents expired. We analyze the role of commons-based peer production practices in forging synergies among different factors and effectuating an alternative innovation pathway and the challenges and contradictions in the process. Finally, we critically assess recent developments of 3D printing technology and draw lessons for innovation policy by incorporating aspects of emerging commons-based innovation paradigms.
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Young, Craig. Problematic plant monitoring in Arkansas Post National Memorial: 2006–2019. Edited by Tani Hubbard. National Park Service, July 2021. http://dx.doi.org/10.36967/nrr-2286657.
Повний текст джерелаАнотація:
Managers are challenged with the impact of problematic plants, including exotic, invasive, and pest plant species. Information on the cover, distribution, and location of these plants is essential for developing risk-based approaches to managing these species. Based on surveys conducted in 2006, 2011, 2015, and 2019, Heartland Network staff and contractors identified a cumulative total of 28 potentially problematic plant taxa in Arkansas Post National Memorial. Of the 23 species found in 2019, we characterized 9 as very low frequency, 7 as low frequency, 5 as medium frequency, and 2 as high frequency. Cover of all species was low with a single species slightly exceeding a 1-acre threshold based on a midpoint estimate. Efforts to control the woody invasive black locust, Chinese privet, and hardy orange appear to have successfully reduced the cover of these plants across the Memorial Unit. Japanese stiltgrass may have been increasing as recently as 2015, but a combination of recent flooding and control efforts may have stemmed the spread of this invasive grass. Efforts to control localized patches of Chinaberry tree also appear to have reduced the cover of this species. Outside of the problematic species currently subject
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Slater, Rachel, Daniel Longhurst, and Paul Harvey. Financing Social Assistance in Crisis Situations. Institute of Development Studies (IDS), February 2022. http://dx.doi.org/10.19088/basic.2022.021.
Повний текст джерелаАнотація:
Protracted crises are increasing and becoming compounded, but financing solutions for humanitarian and social assistance in fragile and conflict-affected settings (FCAS) are not keeping up. UN consolidated (humanitarian/emergency) appeals have, over the past decade, been around 60 per cent-funded, despite growing exponentially in size. Social protection coverage globally remains limited, with only an estimated 45 per cent of the world’s population having access to any form of social protection. This figure dips below 10 per cent in many low-income countries (Development Initiatives 2020; ILO 2017). The lack of coverage comes at a time when global extreme poverty increased in 2020 for the first time in decades (World Bank 2020). Indeed, by 2030, 85 per cent of the extreme poor – some 342 million people – will live in FCAS (Samman et al. 2018). Financing assistance in these contexts is complex, often arriving late, and/or is earmarked for certain actors and activities, when what is required is flexible, multipartner programming. This is despite commitments made by the signatories to the Grand Bargain and at the World Humanitarian Summit to improve the timeliness, flexibility, transparency, and efficiency of aid. Solutions to these challenges remain poorly understood or caught in humanitarian or social protection silos.