Actual Rules Research Articles

Constitutional Voting Rules of Australian National Sporting Organisations: Comparative Analysis and Principles of Constitutional Design

In 2012 and 2013, four Australian national sporting organisations (NSOs), the Australian Football League, the Australian Rugby League Commission Limited, BA Limited (Basketball Australia) and Football Federation Australia Limited were also the national league competition organiser (NLCO) for their sport. All four NSOs are not-for-profit companies. We apply the model of optimal voting rules proposed by James Buchanan and Gordon Tullock to the actual voting rules adopted by the NSOs. This model focuses on the minimisation of costs associated with voting. We find that the NSO voting rules largely conform to the model although there are exceptions. In particular, constitutional issues (amendment of the constitutions of the NSOs and company wind up) require the approval of a greater proportion of the members than electoral issues (election and removal of company directors). Those issues with the highest costs (such as the appointment and removal of NSO company members and national league clubs) are typically removed from the domain of voting by company members to strengthen the independence of the NSO from the company members.

“Saúde e Fraternidade!”: ecos e leituras da proclamação da República Portuguesa em terras africanas.

Este artigo pretende discutir os sentidos e implicações do termo “Republica” em Portugal e suas então colônias de Angola e Moçambique, assim como as expectativas em torno da proclamação da República Portuguesa em 1910. O artigo demonstra que as esperanças nutridas pelos “nativos” das terras coloniais se frustraram muito rapidamente. A propaganda oficial, formalmente republicana, foi suplantada pelo pragmatismo administrativo e os sucessivos governadores coloniais agiram no sentido de fortalecer e aprofundar o projeto imperial e suas políticas governativas gestadas no período da Monarquia. Eles tentaram expandir e assegurar sobretudo o controle direto sobre terras e gentes, causando expropriação, marginalização, racismo e exclusão social. – práticas claramente opostas aos ditames republicanos os quais alegadamente eram defendidos por Portugal.

Regulatory framework of pharmaceutical compounding and actual developments of legislation in Europe

Pharmaceutical preparations are medicines that the pharmacist makes for the special needs of the patients that the pharmaceutical industry cannot comply for economic and logistic reasons. Pharmacy compounding is still an important component of pharmacy practice and a valuable therapeutical service that is an integrant part of the modern health care system, but its legislation is not harmonized among European and US countries.In 2011 the Committee of Ministers of the Council of Europe has adopted a Resolution on quality and safety assurance requirements for medicinal products prepared in pharmacies for the special needs of patients. Aim of this resolution is to harmonize quality assurance and standards for pharmacy-made medicinal products among European countries and to pass the gap in quality assurance and standards between preparation in pharmacies and medicines prepared by the pharmaceutical industry. This article will analyze the actual rules and technical norms that regulate compounding activity and the expectations resultants from the new European and US laws.

Android forensics: Interpretation of timestamps

Interpretation of traces found on Android devices is an important aspect of mobile forensics. This is especially true for timestamps encountered on the device under investigation. In the presence of both naive and UTC timestamps, some form of timestamp normalisation is required. In addition, the investigator needs to gain some understanding of potential clock skew that may exist, especially when evidence from the device under investigation has to be correlated to real world events or evidence from other devices. A case study is presented where the time zone on the Android device was set incorrectly, while the clock was set to correspond to the time zone where the device was actually located. Initially, the fact that both time zones enforced daylight saving time (DST) at different periods was expected to complicate the timestamps normalisation. However, it was found that the version of the Time Zone Database on the device was outdated and did not correspond to the actual time zone rules for the given period. After the case study, the results of experiments on a broader range of devices are presented. Among other things, these results demonstrate a method to detect clock skew based on the mmssms.db database. However, it was also found that the applicability of this method is highly dependent on specific implementation choices made by different vendors.

Cosmografía y corografía de Bogotá, siglos XVI Y XXI

The imperial expansion of European kingdoms throughout the world, which began in the fifteenth century, increasedthe use of mapping as an essential tool to understand and master the continents where they had penetrated andspecially in the new territories they aimed to explore. To this end, in the late sixteenth century the Spanish Crownreintroduced cosmography as a field of knowledge applied to the continents of America and Oceania, and developedinstruments for the chorographic and geographical recognition of the territories claimed on behalf of the King. Cosmographynaturalized ways to describe the new colonies and its habitants as well as ways to produce, read and usemaps as a representation of the achievements and ideals of imperial policies, concerning land management and toreport the implementation of the actual rules. The paper introduces some relevant aspects of the Mayor ChroniclerCosmograph post and of the instruments that generated a cosmography and a normative cartography, and a reflectionon how to create a chorography and practiced cartography, based not in the official look but in an interdisciplinaryapproximation to understand the spaces where individuals from different backgrounds, specifically in Santa Fe andBogota, converged, coexisted and developped.

Machine Learning and Software Quality Prediction: As an Expert System

To improve the software quality the number of errors from the software must be removed. The research paper presents a study towards machine learning and software quality prediction as an expert system. The purpose of this paper is to apply the machine learning approaches, such as case-based reasoning, to predict software quality. The main objective of this research is to minimize software costs. Predict the error in software module correctly and use the results in future estimation. The novel idea behind this system is that Knowledge base (KBS) building is an important task in CBR and the knowledge base can be built based on world new problems along with world new solutions. Second, reducing the maintenance cost by removing the duplicate record set from the KBS. Third, error prediction with the help of similarity functions. In this research four similarity functions have been used and these are Euclidean, Manhattan, Canberra, and Exponential. We feel that case-based models are particularly useful when it is difficult to define actual rules about a problem domain. For this purpose we have developed a case-based reasoning model and have validated it upon student data. It was observed that, Euclidean and Exponential both are good for error calculation in comparison to Manhattan and Canberra after performing five experiments. In order to obtain a result we have used indigenous tool. For finding the mean and standard deviation, SPSS version 16 and for generating graphs MATLAB 7.10.0 version have been used as an analyzing tool.

The “Actual Malice” of New York Times Co. v. Sullivan: A Free Speech Touchstone in a Global Century

The actual malice rule that was a key part of New York Times Co. v. Sullivan brought about a revolutionary change in U.S. libel law. The case also has influenced international law in that a growing number of countries and international organizations have considered the ethos of Sullivan in further developing their free speech law. This article examines how Sullivan and the actual malice rule have impacted some international law.

Is the New York Times Rule Relevant in a Breitbarted World?

Justice William J. Brennan's masterful Opinion for the Court in New York Times Co. v. Sullivan,1 among other things, put into place a sturdy rule designed to protect critics of public officials from frivolous lawsuits. For fifty years, public officials – and later public figures – struggled mightily when they sued the press for defamation, required to prove that allegedly defamatory statements were made with knowledge of falsity or reckless disregard for the truth. The press has changed over the years, however, and questions have arisen as to whether the actual malice rule can survive in a world where so-called citizen journalists do not employ the strict reporting tools of the New York Times and other major media. This essay concludes that the rule will survive, even when free expression manifests as bitter speech unencumbered by fairness or balance.

Trade networks and the practical norms of taxation at a border crossing between South Sudan and Northern Uganda

This article provides an ethnographic insight into how the daily realities of state performance along the South Sudanese most Southern border of Magwi County are an outcome of negotiations between traders and state officials. It is argued that the ‘practical norms’ of taxation, meaning the actual rules that govern the actions of state officials, are largely framed by the way in which state officials and traders are embedded in different networks. The analysis distinguishes between regional trade networks of accumulation based on associative ties that appropriate elements of state performance and SPLM/A authority into their business practices, and local trade networks of survival based on communal ties that relate to state performance more through the informal institutions of kinship and subsistence security. It is demonstrated that the types of network ties and their embedded institutional content that connect traders and state officials yield very different practical norms with different implications for South Sudan's state-building process ‘from below’.

Managing vulnerability: the implementation of vulnerability reduction measures

Activities involving hazardous substances may cause safety risks to the environment. In addition to hazard reduction measures, such as implementing safety management systems at hazardous facilities, and exposure reduction measures, such as employing safe distances between vulnerable objects and hazardous activities, safety risks can be further minimised through the implementation of vulnerability reduction measures. In the area near where activities involving dangerous substances are being carried out, measures can be taken to reduce the vulnerability, such as increasing the possibilities for emergency response and evacuation. This paper examines what the issues influencing the consideration and implementation of vulnerability reduction measures are. This is done through an examination of land use planning projects in the Netherlands and an analysis of two examinations from the National Human Environment and Transport Inspectorate on the implementation of vulnerability reduction measures to discuss the representativeness of the findings for the Netherlands. The examinations, including the examinations of the Inspectorate, show that the consideration of vulnerability reduction measures is narrower than required by Dutch rules and regulations. Additionally, the implementation of measures is limited. Only half of the vulnerability reduction measures that are adopted in land use plans are actually implemented. Important factors that hampered the consideration and adoption of measures are the restrictions of actual rules and regulation with respect to the enforceability of measures, the limited expertise of those involved and the lack of clarity in tasks and roles regarding the consideration and monitoring of vulnerability reduction measures. More fundamentally, the effectiveness of measures and the need for further risk reduction was discussed. Consequently, more insight is required into the costs and benefits of vulnerability reduction measures and if a more explicit consideration of vulnerability in land use planning practices is desired, elaboration will be needed in the areas of planning legislations, procedures and expertise.

Mind the gap - tip leakage vortex in axial turbines

The tendency of designing large Kaplan turbines with a continuous increase of output power is bringing to the front the cavitation erosion issue. Due to the flow in the gap between the runner and the discharge ring, axial turbine blades may develop the so called tip leakage vortex (TLV) cavitation with negative consequences. Such vortices may interact strongly with the wake of guide vanes leading to their multiple collapses and rebounds. If the vortex trajectory remains close to the blade tip, these collapses may lead to severe erosion. One is still unable today to predict its occurrence and development in axial turbines with acceptable accuracy. Numerical flow simulations as well as the actual scale-up rules from small to large scales are unreliable. The present work addresses this problematic in a simplified case study representing TLV cavitation to better understand its sensitivity to the gap width. A Naca0009 hydrofoil is used as a generic blade in the test section of EPFL cavitation tunnel. A sliding mounting support allowing an adjustable gap between the blade tip and wall was manufactured. The vortex trajectory is visualized with a high speed camera and appropriate lighting. The three dimensional velocity field induced by the TLV is investigated using stereo particle image velocimetry. We have taken into account the vortex wandering in the image processing to obtain accurate measurements of the vortex properties. The measurements were performed in three planes located downstream of the hydrofoil for different values of the flow velocity, the incidence angle and the gap width. The results clearly reveal a strong influence of the gap width on both trajectory and intensity of the tip leakage vortex.

Water Saturation Model Optimization after Polymer Flooding

In this paper, the conducting model which is more suitable to describe the reservoir in the process of polymer flooding was selected, according to the reservoir properties. Based on the polymer solution conductance laws and the polymer flooding rock resistivity experiments, by injecting various types of polymers and water with different salinities, the rock resistivity change rule was studied. The change rule of the Archie model parameters in the polymer flooding process was analyzed and the accuracy of the dual water model was analyzed by means of the Litho-electric experiment data. On the basis of rock physical property analysis data, combined with the actual logging rules, the parameters interpretation model of porosity, permeability, irreducible water saturation and shale content were established. Using the core analyze data to contrast the practical application effect of the interpretation model, the result show that, the conclusion of the model corresponds to reality.

Can Xun Zi’s Proposition on “Establishing Ritual Practices in Accord with Qing” Be Validated?*

Wang Guowei expressed doubts about Xun Zi’s proposition on “establishing ritual practices in accord with qing,” arguing that it was in direct conflict with the philosopher’s famous thesis that “human natural tendency is evil.” The word qing (情) has several connotations in the Xunzi: it may refer to factual truth (实情), sincerity (诚实) or emotions (情感). Readers of the Xunzi tend to view the emotional connotation of qing in a negative light, but in actuality qing as human emotions can also be understood in a commendatory or neutral sense in the Xunzi. I argue that Xun Zi’s proposition on “establishing ritual practices in accord with qing” can only be consistent with his view that “human natural tendency is evil” when qing is used in the neutral sense. In other words, “establishing ritual practices in accord with qing” means to establish, on the basis of actual circumstances, ritual practices and rules that adequately satisfy people’s normal feelings. Xun Zi’s propositionon “establishing ritual practices in accord with qing” can be validated within his own philosophical framework.

The New Old Efficiency Theories of Causation and Liability

AbstractFor the last 40 years, efficiency theorists have attempted to demonstrate that tort liability in general and negligence liability in particular can best/only be explained by the hypothesis that judges are trying to maximize aggregate social welfare. Thirty years ago I published a pair of articles criticizing these attempts, noting especially the efficiency theorists’ inability to explain and justify the factual causation requirement in tort law. Nevertheless, the efficiency theorists have continued to make the same arguments. In this paper, I canvass the old arguments and their current restatements, including the attempts by some of the leading theorists to equate ex post analysis of actual causation with ex ante analysis of negligent conduct and attempts by others to explain the actual negligence liability rules. None of the rules proposed by the efficiency theorists is consistent with the practice of the courts, and none of them would promote efficient deterrence. Worse yet, the least descriptively plausible negligence liability rule proposed by the efficiency theorists is the one likely to be the least inefficient in actual practice, while the one assumed by most efficiency theorists will be the most inefficient. The fundamental problem with the efficiency theories is that they assume that the focus of law should be and is on the maximization of aggregate social welfare, rather than justice – the promotion of everyone’s equal external freedom in their interactions with others.

Vineyards genetic monitoring and Vernaccia di San Gimignano wine molecular fingerprinting

The definition of the genetic profile of Vernaccia di San Gimignano (VSG) in the areas of production is an essential step for both the implementation of a plan of analytical traceability and the evaluation of the biological future potential of the same grape variety in relation to any environmental change. The genetic variability of the VSG was monitored by use of SSRs genotyping of a representative portion of individuals belonging to both the productive vineyards and the germplasm collections that represent the “mother plants” reservoir for future vineyards. 74% of the individuals have been shown to be identical to the grapevine genotype reported in databases as VSG truetype. In order to determine the wine varietal composition by DNA analysis, four wine types commercialized as VSG were DNA-tested at 14 loci SSRs. The molecular data obtained demonstrate the presence as prevalent component of the VSG in the four wine types. All the wines revealed the presence of minor varieties, whose presence/absence was estimated by extrapolating the allele configuration that best matched to a standard genotype. Molecular data allow us to exclude the presence of three aromatic white grapevines that are not allowed by the actual production rules (Disciplinare di Produzione).

Application and Limitations of a Method Based on Pyrolysis Models to Simulate Railway Rolling Stock Fire Scenarios

This article relates the application of pyrolysis models to products used onboard trains, as part of a fire safety engineering design or assessment. It is based on work performed during the European Research program, TRANSFEU. As a first step in the methodology, risk analysis permits identification of the most critical scenarios to be studied, considering actual operational conditions and rules in the European railway network. The study of one such scenario has been performed using advanced numerical tools and a multi-scale approach from raw material to real scale, in order to validate the application of such techniques in fire risk assessment. Simulations have been compared to experimental data at each scale. This predictive method shows a good capability to properly reproduce fire growth, heat release rate, temperatures and carbon dioxide concentrations in a real-scale scenario. On the other hand, this study highlights poor prediction of concentrations of carbon monoxide and other toxic species.

Numerical study of the gas flow velocity space in convection reflow oven

In this paper, numerical study of the gas flow velocity space is presented in a convection type reflow oven. Convection reflow ovens usually apply the nozzle-matrix heater system which generates numerous gas streams perpendicularly to surface of the soldered assembly. The ovens are divided into zones; every zone contains an upper and a lower nozzle-matrix. The temperature can be independently controlled in each zone; however the velocity of the influent streams is usually fixed. The gas flow velocity space is one of the most important parameter of the local heat transfer coefficient in the oven. The gas flow space cannot be examined by classical experimental methods due to the extreme circumstances in the reflow oven. Therefore the effect of the soldered assembly, the different component sizes, the position of the conveyor belt and the vent hood between the zones on the gas flow velocity space was studied by CFD simulations. These results can be useful during the overview of the actual assembly design and manufacturing rules.

Taking Up Social Benefits: A Cautionary Tale from an Unemployment Insurance Survey Experiment

What role can information play in changing the take-up of social benefits? Using evidence from an online, large-scale survey experiment of American workers, the authors answer this question in the context of unemployment insurance (UI). Three treatments provided accurate, concise, and customized information about UI eligibility requirements, benefit generosity, and application procedures to respondents. The experimental results unambiguously show a statistically and substantively significant decline in workers’ self-reported willingness to apply for UI benefits after receiving information about program details. These declines were largest for workers who received information about the program’s eligibility requirements and application procedures. The analysis suggests that the information treatments countered pre-existing beliefs that unemployment benefits would be generous and easy to receive, thus lowering workers’ likelihood of applying once they had learned about the program’s actual rules. These results provide a cautionary lesson for policymakers seeking to broaden social benefit take-up through information interventions.

Implications of Full and Partial Retirement for Replacement Rates in a Defined Benefit System

Flexible retirement arrangements in which workers can retire abruptly or gradually at the age of their choice with higher retirement income as a reward for working more or longer fit well with the changes in life course patterns in the past decades and may help to keep pension systems sustainable in times of population ageing. We analyse the flexibility of an existing pension arrangement in the Netherlands, characterised by a subsistence-level pay-as-you-go state pension combined with a supplementary occupational pension. We use the actual rules of a large occupational pension fund, the state pension and the tax system to calculate net replacement rates at ages 60 to 70 in full and partial retirement scenarios. We find that partial retirement results in a smoother income path and encourages employees to defer their pension claims beyond age 65. Moreover, while occupational pensions give close to actuarially fair rewards for continued full-time or part-time work, the state pension does not. This makes postponing retirement less attractive for low-income groups in particular.

Research on the Dynamic Hysteresis Loop Model of the Residence Times Difference (RTD)-Fluxgate

Based on the core hysteresis features, the RTD-fluxgate core, while working, is repeatedly saturated with excitation field. When the fluxgate simulates, the accurate characteristic model of the core may provide a precise simulation result. As the shape of the ideal hysteresis loop model is fixed, it cannot accurately reflect the actual dynamic changing rules of the hysteresis loop. In order to improve the fluxgate simulation accuracy, a dynamic hysteresis loop model containing the parameters which have actual physical meanings is proposed based on the changing rule of the permeability parameter when the fluxgate is working. Compared with the ideal hysteresis loop model, this model has considered the dynamic features of the hysteresis loop, which makes the simulation results closer to the actual output. In addition, other hysteresis loops of different magnetic materials can be explained utilizing the described model for an example of amorphous magnetic material in this manuscript. The model has been validated by the output response comparison between experiment results and fitting results using the model.