Amendment Rules Research Articles

Khul’i (Right of Redemption) under Sharia Courts Rules of Bauchi State, Nigeria, 2013: Issues and Challenges

In the year 2000, most of the States in Northern Nigeria re-introduced Sharia as part of their legal system in disposing of both civil and criminal cases. Bauchi State was among the States that re-introduced Sharia as part of its legal system. Based on that, Sharia Courts were created to replace Area Courts, and Sharia Courts Civil Procedure Rules was enacted to regulate the proceedings before the said Sharia Courts on Civil Matters. The Bauchi State Sharia Courts Civil Procedure Rules, 2001 did not contain a provision on Khul’i. Prior to the amendment of Bauchi State Sharia Courts Civil Procedure Rules, Judges of Sharia Courts were in a serious dilemma as to the amount of money to be paid by a woman in order to relieve herself from the bond of marriage. This is because Khul’i is a right accorded to a wife to remove herself from the union of marriage (to get a divorce) by compensating her husband. In order to address the above problem and others, Sharia Courts Civil Procedure Rules of Bauchi State, 2001 was amended in 2013 and right of Khul’i (Redemption) was incorporated under Order 21 of the Bauchi State Civil Procedure Rules, 2013. With the amendment of the said Sharia Courts Civil Procedure Rules of Bauchi State, instead of addressing the problem of a quantum formula for Khul’i, rather brought a controversy to the said issue. Therefore, this study critically examines the Qur’anic Verses, Hadith and the opinion of the Islamic Scholars on Khul’i and compare them with Order 21 Right of Redemption (Khul’i) of Sharia Courts Civil Procedure (Amendment) Rules of Bauchi State, 2013 so as to ascertain its consistency or otherwise.

Research on earth surface potential distribution and amendment for soil resistivity horizontal hierarchical model in current inflow test

ABSTRACTAn accurate soil resistivity horizontal hierarchical model (SRHHM) is critical to selecting the site of the DC ground electrode. In order to build an relatively accurate model, current inflow test is carried out to test the accuracy of the initial SRHHM. However, there is no existing unified method to guide how to amend the initial model through current inflow test. Therefore, based on practical cases, this paper establishes a two-dimensional axisymmetric finite element model for current inflow test by using the ANSYS software, and studies the effect of each layer soil resistivity on the Earth surface potential (ESP) distribution. Based on these studies, some basic rules of amendment for SRHHM are proposed. Furthermore, the proposed rules are applied to the current inflow test of the actual project in Yi’an Chong, Hunan. The results show that the amended soil resistivity horizontal hierarchical model is better in fitting the ESP distribution obtained from the current inflow test.

Bio-medical waste management in different hospitals of Guwahati and its effect on environment

Biomedical waste may be defined as the waste which is produced during the diagnosis, research activities, treatment of patients, treatment of animals, production and testing of biological product and including articles as mentioned in schedule I of the Biomedical Waste (Management and handling) (second amendment) Rules 2000, as per Ministry of Environment and Forests notification. Proper treatment, handling, and disposal of biomedical wastes is essential for healthcare infection control program. There may be a high risk of infections in patients due to the poor management of biomedical waste which can lead to antibiotic resistance. It is not only the health of the patient, but also the health of persons who are associated with health care industry equally important. This article speaks about how the hospitals present in Guwahati treat their waste material and the effect of the waste in the environment

Comments on the (Draft) Information Technology [Intermediaries Guidelines (Amendment) Rules], 2018

This paper contains our comments on the (Draft) Information Technology (Intermediaries Guidelines (Amendment) Rules, 2018 (Draft Rules) issued for public comments by the Ministry of Electronics and Information Technology, Government of India. We begin by briefly setting out the context of Section 79 of the Information Technology Act, 2000 (IT Act), which contains the safe harbour provision for intermediaries in India. The Draft Rules seek to replace the present set of rules framed under this provision. Our overarching comments on the Draft Rules deal with (i) the scope of subordinate legislation — how the numerous substantive obligations in the Draft Rules exceed the mandate of the parent provision; (ii) need for a calibrated approach for different types of intermediaries, based on the nature of activities being carried out by them and the risks and challenges arising from those activities; and (iii) need for a separate conversation on the merits and demerits of voluntary take down mechanisms adopted by various platforms, which essentially amounts to private forms of censorship. These observations are followed by provision-wise comments on the specific text of the Draft Rules.

Updates on the Amendments Made on the Drugs and Cosmetics Rule 1945 (Amendment Rules 2018) on Labeling of Medicines Rules 96 & 97

Context: To update the amendments made in Gazette Notification for changes in the Manner of Labeling of Medicine as specified in Rule 96 & 97, which shall be required to be displayed on the inner most container and every outer in which the medicines are packed on the basis of Pharmacological Category of the product under which it falls.Objective: To prepare label of the medicines as per the mandatory information to be displayed on the label of the container so that the text matter on the label is clear, readable as shall fulfill the necessary requirements of Drug & cosmetic Act.

Much Activity, Uncertainty Remains.

Bipartisan market stabilization negotiations gave way to a last-gasp attempt at repeal and replace; the ACA emerged intact but buffeted by uncertainty.

DNA Data Bank of Japan: 30th anniversary.

The DNA Data Bank of Japan (DDBJ) Center (http://www.ddbj.nig.ac.jp) has been providing public data services for 30 years since 1987. We are collecting nucleotide sequence data and associated biological information from researchers as a member of the International Nucleotide Sequence Database Collaboration (INSDC), in collaboration with the US National Center for Biotechnology Information and the European Bioinformatics Institute. The DDBJ Center also services the Japanese Genotype-phenotype Archive (JGA) with the National Bioscience Database Center to collect genotype and phenotype data of human individuals. Here, we outline our database activities for INSDC and JGA over the past year, and introduce submission, retrieval and analysis services running on our supercomputer system and their recent developments. Furthermore, we highlight our responses to the amended Japanese rules for the protection of personal information and the launch of the DDBJ Group Cloud service for sharing pre-publication data among research groups.

A Descriptive Analysis of the Fourth Amendment and the Third-Party Doctrine in the Digital Age

There are few areas of constitutional law that raise scholars’ ire and trouble jurists like the Fourth Amendment’s third-party doctrine. Making sense of the Court’s distinctions between content and metadata and between personal communications and business records was already difficult with physical documents and analog technologies. But the proliferation of digital technologies has rendered obsolete the factual predicates underpinning those distinctions, and courts have struggled mightily with adapting third-party rules forged over thirty years ago to new technologies. At the same time, the Supreme Court has become more explicit in fashioning distinct Fourth Amendment rules for digital technologies. In a trio of twenty-first-century decisions, the Court has made clear — often by overwhelming votes — that the old rules no longer suffice. These two strains of Fourth Amendment law are on a collision course — a collision scheduled for the Court’s October 2017 Term. In June 2017, the Court granted certiorari in Carpenter v. United States, and the question presented is whether the government needs a probable cause warrant to obtain voluminous records about a cell phone’s location — data termed cell site location information (CSLI) — from a wireless provider. In this article, we first review the Court’s twenty-first-century digital Fourth Amendment jurisprudence to tease out the Court’s differential treatment of digital technologies. We then turn to the existing third-party doctrine and attempt to make sense of the doctrine’s distinctions between content and metadata and between personal communications and business records. We examine how our understanding of the existing doctrine applies to digital information like the CSLI at issue in Carpenter. We conclude by reviewing some types of sensitive digital information that potentially lack Fourth Amendment protection under current doctrine.

Developments in the Transfer Pricing Landscape

Under an amendment to the Corporate Income Tax Law, Turkish transfer pricing rules were amended and revised. This article provides insights from the changes and discusses the significant issues surrounding amended transfer pricing rules. It also considers the impact of these new provisions on taxpayers and transfer pricing practices in Turkey.

The enhanced disclosure of executive compensation in Korea

In Korea, with the amendment of the Financial Investment Services and Capital Markets Act (FISCMA) in 2013, the disclosure rule of executive compensation has been enhanced. The new legislation requires listed firms to disclose pay information for registered directors who earn more than 500 million Korean won in compensation per year. Using individual compensation data, we investigate whether the amended disclosure rule affects compensation level and pay–performance relation. We find no reduction in executive pay level. Rather, executives receive higher compensation after the enhanced disclosure rule. We also find that for executives who earned less than the optimal pay level in the ex ante period, pay growth rates are higher in the ex post period, suggesting that the availability of information about others' pay level affects pay changes for directors in the lower pay group. Moreover, the enhanced disclosure rule brings little improvement in pay–performance relation. Pay–market performance link has improved only for firms with good governance. Our results suggest that compensation disclosure rules need to be accompanied by good governance mechanisms in order to achieve effective compensation systems.

Spatial Models of Legislative Effectiveness

AbstractSpatial models of policymaking have evolved from the median voter theorem to the inclusion of institutional considerations such as committees, political parties, and various voting and amendment rules. Such models, however, implicitly assume that no policy is better than another at solving public policy problems and that all policy makers are equally effective at advancing proposals. We relax these assumptions, allowing some legislators to be more effective than others at creating high‐quality proposals. The resulting Legislative Effectiveness Model (LEM) offers three main benefits. First, it can better account for policy changes based on the quality of the status quo, changing our understanding of how to overcome gridlock in polarized legislatures. Second, it generalizes canonical models of legislative politics, such as median voter, setter, and pivotal politics models, all of which emerge as special cases within the LEM. Third, the LEM offers significant new empirical predictions, some of which we test (and find support for) within the U.S. Congress.

Nighttime Execution of Warrants: An Analysis Under Wilson v. Arkansas and Virginia v. Moore

The daytime warrant requirement has become a surprisingly complex issue since the circuit courts have been unable to come to any cohesive conclusion on the issues surrounding the requirement. Most of the circuit courts have refused to acknowledge the substantive Fourth Amendment question, instead finding a separate Fourth Amendment violation in the violation of the terms of the warrant or the local rules governing warrants. This Article provides an original case collection regarding the circuit split surrounding the issue and is the first scholarly article to attempt to answer both Fourth Amendment and exclusionary rule questions, thereby paving a path for the Supreme Court to ultimately decide these issues. Appendix A of this Article also provides an overview of each state’s statutes, rules of criminal procedure, and/or case law regarding the time at which warrants may be executed in that state.Since the daytime warrant requirement was derived from the same common law interests of protecting people, property, and privacy as the knock and announce rule, it follows that a search executed at nighttime under a valid daytime warrant would fall under the same exclusionary rule attenuation as the knock and announce rule. This Article argues that the daytime warrant requirement should follow the same path as Wilson v. Arkansas, Richards v. Wisconsin and Hudson v. Michigan in finding that the daytime executions of warrants are required by the Fourth Amendment, subject to certain exceptions, but no exclusionary rule consequences follow from violations of the requirement.For the courts that have decided not to answer the substantive Fourth Amendment violation and instead found a separate Fourth Amendment violation in the terms of the warrant or violation of the local laws governing warrants, Virginia v. Moore and the courts finding in Richards v. Wisconsin should govern that analysis. Violating local rules governing purely procedural requirements in warrants should not invoke the exclusionary rule.

The State of the Art in Constitutional Amendment (Introduction)

In this Introductory Chapter to an edited volume on The Foundations and Traditions of Constitutional Amendment, I explore the functions and operation of constitutional amendment, the architecture of constitutional amendment rules, the current challenges in the study of constitutional change, and the major fault lines in the field of constitutional change. I also introduce the other chapters in the collection and I situate this collection in the field, explaining how the volume advances our understanding of constitutional amendment, both formal and informal.

The Expressive Function of Constitutional Amendment Rules

The current scholarly focus on informal constitutional amendment has obscured the continuing relevance of formal amendment rules. In this article, I return our attention to formal amendment in order to show that formal amendment rules – not formal amendments but formal amendment rules themselves – perform an underappreciated function: to express constitutional values. Drawing from national constitutions, in particular the Canadian, South African, German, and United States constitutions, I illustrate how constitutional designers may deploy formal amendment rules to create a formal constitutional hierarchy that reflects special political commitments. That formal amendment rules may express constitutional values is both a clarifying and a complicating contribution to their study. This thesis clarifies the study of formal amendment rules by showing that such rules may serve a function that scholars have yet to attribute to them; yet it complicates this study by indicating that the constitutional text alone cannot prove whether the constitutional values expressed in formal amendment rules represent authentic or inauthentic political commitments.

Adaptive maneuvering frequency method of current statistical model

Current statistical model U+0028 CSM U+0029 has a good performance in maneuvering target tracking. However, the fixed maneuvering frequency will deteriorate the tracking results, such as a serious dynamic delay, a slowly converging speedy and a limited precision when using Kalman filter U+0028 KF U+0029 algorithm. In this study, a new current statistical model and a new Kalman filter are proposed to improve the performance of maneuvering target tracking. The new model which employs innovation dominated subjection function to adaptively adjust maneuvering frequency has a better performance in step maneuvering target tracking, while a fluctuant phenomenon appears. As far as this problem is concerned, a new adaptive fading Kalman filter is proposed as well. In the new Kalman filter, the prediction values are amended in time by setting judgment and amendment rules, so that tracking precision and fluctuant phenomenon of the new current statistical model are improved. The results of simulation indicate the effectiveness of the new algorithm and the practical guiding significance.

Quasi-Constitutional Amendments

The difficulty of formal amendment in constitutional democracies has given rise to an increasingly common phenomenon: quasi-constitutional amendments. These are sub-constitutional changes that do not possess the same legal status as a constitutional amendment, that are formally susceptible to statutory repeal or revision, but that may achieve constitutional status over time as a result of their subject-matter. The impetus for a quasi-constitutional amendment is an intent to circumvent onerous rules of formal amendment in order to alter the operation of a set of existing norms in the constitution. Where constitutional actors determine, correctly or not, that the current political landscape would frustrate their plans for a constitutional amendment to entrench new policy preferences, they resort instead to sub-constitutional means whose successful execution requires less or perhaps even no cross-party or inter-institutional coordination. This strategy sometimes results in significant changes that have the functional effect though not the formal result of a constitutional amendment. In this Chapter, I illustrate this phenomenon with reference to the Constitution of Canada, though I stress at the outset that we can observe this phenomenon elsewhere in the world.

IMPACT OF FASB REVENUE RECOGNITION RULE ON FIRM VALUATION

ABSTRACT The paper assesses the potential impact of the amended FASB revenue recognition rule on firm valuation when a firm restates its financial statement. I analyze firm value-relevant information of the amended earnings due to the restatement initiated from the change in revenue recognition rules. I find that the financial markets may not have imputed the restated, non-deferred EPS valuation into firm value. Keywords Revenue recognition, restatement, earnings per share, valuation, financial statements

How differently actors cope with demanding constitutional amendment rules: two types of constitutional politics in federal democracies

ABSTRACTThe article seeks to explore why a high formal hurdle for constitutional amendments (constitutional rigidity) as it is present in Germany does not automatically lead to a lower number of amendments when compared with low rigidity countries and why Germany’s amendment rate is so much higher than that of some other federations. It theorizes that the frequency of interactions between stable, interdependent actors influences their willingness to compromise. Thus analyses of constitutional politics must expand the focus to longer time-horizons and to the parliamentary and federal context. Case studies on constitutional politics in two parliamentary federations, Germany and Canada, confirm that actors cope differently with the problem of multiple veto players in constitutional politics. In the long run, two distinct patterns of constitutional politics have emerged.

Quasi-Constitutional Amendments

The difficulty of formal amendment in constitutional democracies has given rise to an increasingly common phenomenon: quasi-constitutional amendments. These are sub-constitutional changes that do not possess the same legal status as a constitutional amendment, that are formally susceptible to statutory repeal or revision, but that may achieve constitutional status over time as a result of their subject-matter. The impetus for a quasi-constitutional amendment is an intent to circumvent onerous rules of formal amendment in order to alter the operation of a set of existing norms in the constitution. Where constitutional actors determine, correctly or not, that the current political landscape would frustrate their plans for a constitutional amendment to entrench new policy preferences, they resort instead to sub-constitutional means whose successful execution requires less or perhaps even no cross-party or inter-institutional coordination. This strategy sometimes results in significant changes that have the functional effect though not the formal result of a constitutional amendment. In this Chapter, I illustrate this phenomenon with reference to the Constitution of Canada, though I stress at the outset that we can observe this phenomenon elsewhere in the world.

Legality, Legitimacy and Constitutional Amendment in Canada

It is accepted that Canada’s Constitution is almost impossible to amend, and that this amendment rigidity stems from the Constitution’s patriation in 1982 and two failed reform initiatives, the Meech Lake and Charlottetown Accords. The high-stakes drama of 1982, threat of Quebec separation and denouement of the post-patriation Accords were events of singular urgency which have dominated the literature and consigned the longer history of amendment to the background. This article provides a corrective which explores Canada’s two uneven periods of constitutional change – before and after textual rules – and in doing so theorizes that rich insights into the riddles of Canada’s amendment constitutionalism are found in the interface between the legality or formality of amendment, and its legitimacy or acceptance. The article explains how the legality and legitimacy of amendment failed to align prior to patriation – when amendment was governed by a concept of statutory legality – and after patriation, when rules of constitutional legality were adopted. Though the textual amendment rules are admittedly rigid, the role legitimacy plays in Canada’s amendment rigidity cannot be overlooked. As Canada approaches its sesquicentennial anniversary in 2017 there is lingering uncertainty on what is required to align the legitimacy of constitutional change with the formal criteria of amendment legality.