Ambiguous Rules Research Articles

Rule capture of automated compliance checking of building requirements: a review

In the architectural, engineering and construction industry, building design needs to be checked against regulations before it can be finalised and progress to the construction stage. The traditional manual compliance-checking process is error prone and time consuming. As a solution, automated compliance checking (ACC) was proposed. Rule capture is a crucial bottleneck of ACC. Despite many studies in this domain, no research has synthesised the themes and identified future research opportunities. This paper aims to fill this gap by conducting a systematic literature review and identifying challenges facing this field. The findings revealed that the rule capture process had attracted interest in the past years, and more semi-automated and automated methods have been proposed. The current representation development process lacks a methodological backdrop. The existing representations cannot represent ‘unknowns’ and ‘side effects’, lack the ability to deal with ambiguous rules and are typically restricted by the rule engine and/or target data model. The understanding of rules, representations and the relationships between them is insufficient. Further research is required to address these issues.

Modeling the concentration of suspended particles by fuzzy inference system (FIS) and adaptive neuro-fuzzy inference system (ANFIS) techniques: A case study in the metro stations

Background: Today, the usage of artificial intelligence systems and computational intelligence is increasing. This study aimed to determine the fuzzy system algorithms to model and predict the amount of air pollution based on the measured data in subway stations. Methods: In this study, first, the effective variables on the concentration of particulate matter were determined in metro stations. Then, PM2.5, PM10, and total size particle (TSP) concentrations were measured. Finally, the particles’ concentration was modeled using fuzzy systems, including the fuzzy inference system (FIS) and adaptive neuro-fuzzy inference system (ANFIS). Results: It was revealed that FIS with modes gradient segmentation (FIS-GS) could predict 76% and ANFIS-FCM with modes of clustering and post-diffusion training algorithm (CPDTA) could predict 85% of PM2.5, PM10, and TSP particle concentrations. Conclusion: According to the results, among the models studied in this work, ANFIS-FCM-CPDTA, due to its better ability to extract knowledge and ambiguous rules of the fuzzy system, was considered a suitable model.

Rule Ambiguity, Institutional Clashes, and Population Loss: How Wikipedia Became the Last Good Place on the Internet

Scholars usually portray institutions as stable, inviting a status quo bias in their theories. Change, when it is theorized, is frequently attributed to exogenous factors. This paper, by contrast, proposes that institutional change can occur endogenously through population loss, as institutional losers become demotivated and leave, whereas institutional winners remain. This paper provides a detailed demonstration of how this form of endogenous change occurred on the English Wikipedia. A qualitative content analysis shows that Wikipedia transformed from a dubious source of information in its early years to an increasingly reliable one over time. Process tracing shows that early outcomes of disputes over rule interpretations in different corners of the encyclopedia demobilized certain types of editors (while mobilizing others) and strengthened certain understandings of Wikipedia’s ambiguous rules (while weakening others). Over time, Wikipedians who supported fringe content departed or were ousted. Thus, population loss led to highly consequential institutional change.

No player left behind: exploring the use of collaborative talk in a playfixing activity

ABSTRACT In this study, we describe an activity in which participants play and fix broken games – tabletop games with ambiguous rules or mechanics – through the use of collaborative talk (CT). The playfixing activity provides a useful context for examining how participants think together and collectively build understanding through redesigning an incomplete game. We qualitatively analysed a small group of participants’ talk as they playfixed a broken game, Pollutaplop. We examined their utterances through a framework of CT strands that included participating, understanding, and managing. Findings suggest the majority (54%) of participants’ talk was collaboratively oriented and served mostly to manage game play and redesign. Moreover, participants used different personal pronouns to shift perspectives in collectively understanding the task. This study contributes to the design of future learning experiences that invite the use of CT and foster the development of abilities to co-design on complex tasks.

Neutrosophic Multi-Criteria Method for Selecting Optimum Market

The Indonesian rolling stock maker's target market and business strategy are analyzed here—the study's planning, data, and technique. To achieve sustainable growth across the board in the power generating industry, we concentrate on understanding the critical variables driving sustainable development in a market context unlike before. To identify the most vital aspects to consider while dealing with ambiguous rules, a methodology using Multiple-Criteria Decision-Making (MCDM) was presented. To address ambiguity and bring the problem-solving process closer to reality, we created a unique method that integrates MCDM techniques. Analytical Hierarchy Process AHP was employed in this investigation. To zero in on our ideal clientele, we turned to the AHP technique. This strategy considers quantitative aspects such as market characteristics and degree of competition when making decisions. The results indicate that rolling stock manufacturers have good reason to invest in expanding their share of these markets. However, despite the many prospects available in this field, the rolling stock producer faces a significant obstacle: the inability to adequately fund the pursuit of a more considerable portion of the market

Management versus Governance Power Contests Facing Principals in Schools: Power Relations

The focus of the article is about issues that secondary schools face in terms of the responsibilities of principals and school governing bodies (SGBs) in terms of dispersed leadership rather than one-man role-based leadership. Methods: The study investigates issues of schools surrounding distributed leadership practices using data from research on the connection between the principal and school governing bodies. This research used qualitative and quantitative data collected from secondary school administrators, SGB members, and teachers as part of a design research project. Implications: According to the findings, concentrating on distributed leadership methods may assist overcome some of the drawbacks of providing feedback to a single leader. Findings: In Gauteng secondary schools, opposing ideas and expectations predominate. Where SGBs and principals struggle against one another, ambiguous rules are found. Some principals impose terms on SGBs, while SGBs impose terms on principals. Dysfunctional schools are caused by weak governance and management. In terms of financial problems, there is a lack of transparency in schools. Principals contribute to school problems by refusing or failing to accept their ineptness. They continue to run schools inefficiently; they do not fully engage teachers in school management; they mistreat parents; they impose terms on SGBs; they contribute to dysfunctional schools; school resources are embezzled for purposes not related to the running of schools, and they mix up their work with that of the SGBs. Principals and SGBs should be made aware that cooperation, rather than competition, may be more effective in reducing power struggles in schools.

Lowercase or uppercase letter in the names of fairytale heroes and literary characters (from the materials of the academic description of Russian spelling)

This article aims to create a rule explaining the choice of a lower-case or upper-case letter to spell literary characters’ names. The rule should be unambiguous, intrinsically logical, and it should not contradict the codified lexical material. Several formulations of the rule given in reference books were analysed; discrepancies between the rule and dictionary codifications were identified. Additionally, questions and answers related to this issue and obtained from the Russian language query services were studied. As a result, the research revealed types of discrepancies in the recommendations given in the rule and in dictionaries, ambiguous rule formulations that can be interpreted in two ways, and textual conditions that permit different understandings of proper name boundaries. The analysis of the real usage of proper names and their combinations with appositions, attributes, and accompanying words in different types of texts (i. e. in texts created by authors, in fairy tales, byliny, and other authorless texts) resulted in determining several textual conditions which permit or prohibit using this or that combination in the function of a proper name. As for authorless texts, it turned out important to consider the character’s name not only in the work under analysis, but also in the cultural context in its entirety, in the entire fairy tale or heroic epic world. Another significant factor is understanding the boundaries of the proper name and the common nouns accompanying it accepted in this world. Authors are free from the tradition of naming a character in the texts they produce, but at the same time they should take into account the intratextual conditions governing the choice of either a proper name or a common noun. As a result, a special note to the general rule concerning proper name spelling was formulated for the new edition of "The academic rules of orthography". This note identifies different options to understand the boundaries of proper names for various structures. The choice of spelling proper names with a lower-case or a capital letter in a given text depends on the chosen way of understanding the proper name boundaries.

KEKUASAAN DISKRESI HAKIM PENGADILAN HUBUNGAN INDUSTRIAL

In this article the author discusses the discretionary powers granted to Labour Dispute Court judges. Better known, in comparison, are the discretionary powers of criminal court judges in determining penal sanctions or of Islamic court judges when granting dispensation to marry for underage couples. Using a juridical normative method, the discussion focusses on the principles underlying the Labour Dispute Court judge’ discretionary powers and its implementation. The analysis shows that Labour Dispute Court judges do have and enjoy discretionary powers in determining betterment of working conditions, how to best fill gaps or seek clarity in the face of ambiguous rules and regulations found in work contract, company regulations or collective work agreement.

Solving logistics on the basis of fuzzy package

The article discusses an approach to solving a logistic problem based on fuzzy set theory. The classic fuzzy control module is developed at the node of the transport network, as well as when solving the problem of modeling the traffic control strategy in the network. An ambiguous rule base was developed for defining traffic control parameters at a transport network node, and rules were proposed for mapping a control parameter to a specific class and fuzzy rule base.

When Ambiguity Rules: The Emergence of Adaptive Governance from (In)Congruent Frames of Knowledge Sharing Technology

As increasingly diverse stakeholders engage in technology-mediated knowledge sharing, the establishment of appropriate forms of governance becomes a challenge. Existing research highlights that successful governance is a result of congruence between different stakeholders’ views and uses of technology, but the way suitable governance can emerge in the presence of incongruent or ambiguous framings of technology is still unclear. In this article, we present a case study of a collaboration between government, industry and university stakeholders, where the social media platform WeChat is used for knowledge sharing. Using the theoretical lens of the technological frames of reference (TFR), we investigate how views and uses of technology among different stakeholders shape the emergence of governance arrangements. We find that patterns of congruence and incongruence in the stakeholders’ framings of technology for knowledge sharing lead to emergent adaptive governance practices, which are characterized by selective participation, role and capability identification, and ad-hoc decision-making.

Consuming a difficult past unapproved: Chairman Mao as commodity

What role does consumption play in remembering a difficult past unacknowledged by the state? By analyzing the consumption of Chairman Mao symbols in contemporary China, this article explores the memory of a difficult past under censorship with ambiguous rules, that is, imposed discursive ambiguity, and puts forward a theory of mnemonic displacement centering on two generational mechanisms: denial and diversion. The “attendant generation” has experienced the past, reads the discursive ambiguity conservatively and consumes the Mao symbol as denial of the difficult past. The “posterior generation” has no autobiographical memory of the past, reads the discursive ambiguity more openly and consumes the Mao symbol as diversion of mnemonic themes. As a result, the difficult past is displaced and forgotten. This article contributes to memory studies not only by theorizing a type of difficult past under discursive ambiguity but also by developing a displacement theory of remembering and forgetting.

The Great American Health Care System and the Dire Need for Change

The Great American Health Care System and the Dire Need for Change

Open research data, an archival challenge?

The Swedish government has decided that all research results in the form of research data and scientific publications financed with public funds should be openly accessible as far as possible. The question is whether the responsible actors and if the universities are ready to implement the change. The significance of open access has amplified in Sweden. Earlier research has brought to light that the collection and preservation of research data are often surrounded by ambiguous rules and lack a comprehensive structure. For example, archiving is not given enough consideration in connection to research projects and researchers often tend to save their material on platforms that are not persistent over time. This article is based upon a qualitative research approach where 15 semi-structured interviews have been used as primarily data sources to investigate the implementation of open access of research data and scientific publications. The article investigated how Swedish universities and public authorities were working with archiving and implementation of open research data and their opinions on open access. The results displayed a lack of coordination, resources and infrastructure but also that common agreed nomenclature were missing. The management of research data was not part of an overall recordkeeping strategy. One explanation could be differences in the information culture among researchers and archivists. Social sciences theory has been combined with archival theory in order to explain the reasons to this. These have been put in relation to the principles of the open data directive.

The Organizational Dynamics of Compliance With the UK Modern Slavery Act in the Food and Tobacco Sector

Empirical studies indicate that business compliance with the UK Modern Slavery Act is disappointing, but they struggle to make sense of this phenomenon. This article offers a novel framework to understand how business organizations construct the meaning of compliance with the UK Modern Slavery Act. Our analysis builds on the endogeneity of law theory developed by Edelman. Empirically, our study is based on the analysis of the modern slavery statements of 10 FTSE 100 (Financial Times Stock Exchange 100 Index) companies in the food and tobacco sector, backed by interviews with business, civil society, and public officers. We offer a dynamic model that draws attention to the role of compliance professionals in framing ambiguous rules and devising a variety of organizational responses to modern slavery law. Contrary to extant research that tends to praise organizations for going “beyond compliance”, our study underlines the risks of managerialization of modern slavery law, whereby merely symbolic structures come to be associated with legal compliance, even when they are ineffective at tackling modern slavery.

Agency Deference After Kisor v. Wilkie

In Bowles v. Seminole Rock & Sand Co. and Auer v. Robbins the Supreme Court directed federal courts to defer to an agency’s interpretation of a vague or ambiguous rule. After two decades of criticism that those decisions effectively transferred law-interpreting power from Article III courts to unelected agency officials, the Court granted review last term in Kisor v. Wilkie to decide whether to overturn Seminole Rock and Auer. A badly fractured Court decided to completely rewrite those decisions, rather than overturn them. In essence, Kisor turned Seminole Rock and Auer into Chevron deference. Yet, the Court did not decide whether the Administrative Procedure Act forbids giving an agency any deference when it construes a law, so the Court has simply kicked the can down the road for perhaps a few more terms. This Article will summarize Kisor and explain what it portends for administrative law. The Article will also discuss the answers to three questions that will arise in the application of Kisor and Chevron: (1) What effect does a statute known as the Congressional Review Act have on the deference issue; (2) should an agency’s interpretation of its organic statute and own rules receive deference, not in an administrative proceeding or a civil lawsuit, but in a criminal prosecution; and (3) is there a basis for treating differently the interpretations adopted by so-called “executive” and “independent” agencies.

Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law

AbstractThis article analyses the implementation of European case law at the bureaucratic frontline of European member states. Theoretically, insights from street‐level implementation studies are combined with judicial impact research. Empirically, we compare how EU rules on free movement and cross‐border welfare are applied in practice in Denmark, Austria and France. We find that when applying EU rules in practice, street‐level bureaucrats are confronted with a world of legal complexity, consisting of ambiguous rules, underspecified concepts and a recent judicial turn by the Court of Justice of the European Union. In order to manage complexity, street‐level bureaucrats turn to their more immediate superiors for guidance. As a consequence, domestic signals shape the practical application of EU law. Despite bureaucratic discretion and many country differences, domestic signals create uniform, restrictive outcomes of EU law in all three cases. Thus we show that there is considerable room for politics in EU implementation processes.

Essay: The World After Seminole Rock and Auer

For more than 70 years, the Supreme Court of the United States has consistently held that the federal courts must defer to an agency’s interpretation of a vague or ambiguous agency rule. The Court adopted that principle in Bowles v. Seminole Rock & Sand Co., and it has long treated the ruling as if it were a statute rather than an opinion by applying it in a wide range of contexts with little regard to whether their facts resemble the ones that gave rise to the Court’s original decision. Seminole Rock gave birth to what has become a well-settled administrative law doctrine, one that the Supreme Court and lower courts have cited on more than a thousand occasions. The Supreme Court should overrule it. Wrong when decided in 1945, Seminole Rock should have passed into history when Congress enacted the Administrative Procedure Act (APA), which directs courts to review and set aside agency actions that rest on an erroneous view of the law. The ruling also stands in obvious tension with two far more deeply settled principles of Anglo-American law: the proposition set forth in Marbury v. Madison that it is “emphatically the province and duty of the judicial department to say what the law is” and the principle — which traces its lineage to maxims that stretch back to Judge Edward Coke, William Blackstone, Demosthenes, and Cicero — that judges will be independent from the parties to a dispute. The Seminole Rock decision, however, effectively empowers one party to a lawsuit — a federal agency — to decide the legal issue. To date the Supreme Court has never recognized the existence of this conflict, let alone attempted to resolve it. The Supreme Court has an opportunity this Term to correct its mistake and “retire” Seminole Rock in Kisor v. Wilkie. The world as we know it would not end if the Court did so. While federal courts would no longer be constrained by an agency’s unpersuasive, unreasonable, or unlawful construction of a regulation, agencies would still operate much the same, issuing regulations that touch on nearly every aspect of Americans’ daily lives, from highways to healthcare. It is time for courts — not agency officials — to decide questions of law.

Policies in Activity-based Flexible Offices -‘I am sloppy with clean-desking. We don’t really know the rules.’

Activity-based Flexible Offices (A-FOs) are offices with unassigned desks that provide a variety of workspaces. This paper presents desk-sharing and speech rules identified in A-FOs in four Swedish organisations, the emergence of and compliance with these rules, and their consequences for work conditions. Data collection involved 105 semi-structured interviews, document analyses, and observations. The identified rules were: (1) to remove belongings, (2) temporal restrictions on using the same workstations, (3) temporal restrictions on using scarce zones, (4) restrictions on verbal interactions, and (5) restrictions on phone conversations. The cases with extensive user involvement in their planning process had explicit unambiguous rules. A better compliance with rules occurred when (i) the employees were well-prepared and had a unified understanding regarding how and why to follow the rules, (ii) the rules were explicitly communicated and were regarded as easy to follow, and (iii) following the rules facilitated work and improved work conditions.Practitioner summary: Five rules were identified for applying desk-sharing and speech policies in A-FOs. Extensive user involvement resulted in having well-defined and explicitly communicated rules, and prepared employees for how to use the A-FO. Implicit and ambiguous rules led to conflicting interpretations, disregarding rules, and were associated with more negative work conditions.

A Human Factors Study Using VTA for Incident Cases in Radiotherapy

In recent years, workload has increased with higher precision of radiotherapy. Although both efficiency and thoroughness of treatment are crucial, in such conditions, human error is easy to occur. In this study, five incident cases that occurred in four facilities were studied and analyzed from the viewpoint of human factors that contribute to errors using variation tree analysis. We also analyzed resilience (the ability to return to one's original state even if the system deviates from a stable state), which has attracted attention in recent safety research. There were potential factors represented by patient factors in all cases. These factors caused deviations from standard operations, and incidents occurred due to unfamiliar situations and operations. Furthermore, in four of the five cases, the cause of the incident was a resilience action or judgment that was deemed to have required "some sort of ingenuity or adjustment." It was found that human error occurred due to multiple simultaneous occurrences of potential factors, i.e., patient and human factors such as high workload, impatience, and work interruptions. A reduction in human errors can be achieved by avoiding time pressure and multitasking, creating work environment and working conditions that make resilience work well, revising ambiguous rules and procedures, and promoting standardized working methods.

A Study of Student Teachers' Motivation, Expectations, Issues and Satisfaction on the Recently Reformed Teacher Education Program in Public Sector Universities and Colleges in Pakistan

This study aimed to explore studentteachers perceptions of their motivation, present concerns, expectations and satisfaction with various aspects of the recently developed teacher education program of ADE and B.Ed Hons. in public sector universities in Pakistan. The study employed a qualitative interpretive approach. A semi-structured interview was carried out with 150 prospective teachers. A thematic analysis of the interview data revealed that the participants' perceived social status, that teaching being the most respectable job, was the most described motivational factor. Lack of information and ambiguous rules and regulation on the nature and status of the ADE and B.Ed. Hons program were the key sources of their present concerns. The participants' perceptions showed a significant improvement in overall teaching quality, while teacher cooperation and commitment were the areas of dissatisfaction.