Appointment Rules Research Articles

A Critical Analysis of the Regulations and Process of Appointment of Vice-Chancellors at Higher Education Institutions in Pakistan

In post Eighteenth Amendment era higher education became a provincial subject, limiting the Federal HEC's role to maintaining standards. However, only two provinces have established their Higher Education Commissions with limited power. Various university acts have loopholes regarding appointments of vice- chancellors, leading to some appointments being nullified by higher courts due to procedural non-compliance. The lack of clear rules for higher level appointments negatively impacts lower levels, necessitating a robust legislative framework. It is crucial to appoint permanent vice-chancellors for all vacant positions in Higher Education Institutions. An effective and efficient regulatory and legislative framework for the higher education sector should involve all major stakeholders, including the Federal Government, Provincial Governments, university representatives, the National Finance Commission, and the Council of Common Interest. This collaboration is essential to address the current gaps and improve governance in higher education.

United Construction Contract And Responsibilities In The People's Research And Assistance Offices

The purpose of this research is to explain the construction unit work contract and the responsibility for the risk of building failure that can be applied to one of the government procurement of goods and services at the Pekanbaru Search and Rescue Office. This research method is carried out through a stage in accordance with this type of research, namely empirical juridical. The result of this research found that the construction unit work contract and the responsibility for the risk of building failure at the Pekanbaru Search and Rescue Office should have been carried out by direct appointment. However, the procurement was instead carried out through a tender mechanism. The reason is that the Commitment Making Officer, Goods/Services Procurement Committee at the Pekanbaru Search and Rescue Office are not aware of the direct appointment rule. Liability for building failure if the construction unit work contract and responsibility for the risk of building failure at the Pekanbaru Search and Rescue Office are carried out without a direct appointment will be difficult to determine the responsibility. The construction service provider, whether it is the first construction work or construction consultancy, cannot be held liable for building failure if the building failure is caused by the fault of the follow-up work carried out by a different construction service provider. Conversely, it is also difficult for the construction service provider of the follow-on works to be held liable if the fault lies with the first construction works or construction consultancy

新羅 下代 浿江鎭의 정세와 平山 山城里 출토유물의 성격

This research aims to review the nature of the artifact assemblage excavated in Sanseong-ri, Pyeongsan, Hwanghae-do, and further to reappreciate the atmosphere in the frontier society during the late-Silla period(下代), under the consideration that textual and archaeologicaldata need to be understood along with each other.
 The contexts surrounding the discovery of the assemblage can be found from the Japanese Government-General Museum of Korea document, which is now stored in the National Museum of Korea. Since the artifacts were discovered in a relatively shallow depth without any additional structures, it is unlikely that they were grave goods. The artifact assemblage is composed of decorative cup-shaped stirrups(壺鐙), flower-shaped bronze dishes, and bronze spoons, which are dated to the late 9th century CE.
 To understand the spatial meaning of the site where the artifacts were discovered, how Paegang-jin(浿江鎭) operated during the late-Silla period deserves consideration. The reconstruction of how the appointment rule according to governmental rank system worked in the 9th century Paegang-jin regarding its head, Dusangdaegam(頭上大監), reveals that the royals were sent and the ministers corresponding to the rule were appointed here, and in this regard, it operated quite normally. In 895, however, as Gungye's advance into this region became active, Paegang-jin came to its end in no more than 10 years.
 Recently, there is a strong trend to draw out ‘ritual meaning’ regarding the nature of the Sanseong-ri artifacts. However, it is still unclear what the ritual is, which required the sacrifice of the elaborately decorated artifacts in such a large amount. Therefore, until any additional contemporary data directly supporting the ‘ritual nature’ of the artifacts are presented, it would be reasonable to understand the Sanseong-ri artifacts as ‘hoards(退藏遺物)’, resulting from the political turmoil at the end of the 9th century.
 In the 9th century, Paegang-jin enjoyed the flower-shaped bronze dishes of similar origin to Chinese imperial family’s as well as the decorative cup-shaped stirrups hardly found even near the capital. It is time to reconsider the frontier society during the late-Silla period and in this regard, the status of the Sanseong-ri artifacts is quite significant.

Simulation and evaluation of increased imaging service capacity at the MRI department using reduced coil-setting times.

The wait times for patients from their appointments to receiving magnetic resonance imaging (MRI) are usually long. To reduce this wait time, the present study proposed that service time wastage could be reduced by adjusting MRI examination scheduling by prioritizing patients who require examinations involving the same type of coil. This approach can reduce patient wait times and thereby maximize MRI departments' service times. To simulate an MRI department's action workflow, 2,447 MRI examination logs containing the deidentified information of patients and radiation technologists from the MRI department of a medical center were used, and a hybrid simulation model that combined discrete-event and agent-based simulations was developed. The experiment was conducted in two stages. In the first stage, the service time was increased by adjusting the examination schedule and thereby reducing the number of coil changes. In the second stage, the maximum number of additional patients that could be examined daily was determined. The average number of coil changes per day for the four MRI scanners of the aforementioned medical center was reduced by approximately 27. Thus, the MRI department gained 97.17 min/d, which enabled them to examine three additional patients per month. Consequently, the net monthly income of the hospital increased from US$17,067 to US$30,196, and the patient wait times for MRI examinations requiring the use of flexible torso and head, shoulder, 8-inch head, and torso MRI coils were shortened by 6 d and 23 h, 2 d and 15 h, 2 d and 9 h, and 16 h, respectively. Adjusting MRI examination scheduling by prioritizing patients that require the use of the same coil could reduce the coil-setting time, increase the daily number of patients who are examined, increase the net income of the MRI department, and shorten patient wait times for MRI examinations. Minimizing the operating times of specific examinations to maximize the number of services provided per day does not require additional personnel or resources. The results of the experimental simulations can be used as a reference by radiology department managers designing scheduling rules for examination appointments.

Loop diuretics – rules of appointment in congestive chronic heart failure

The article is devoted to the use in everyday clinical practice of loop diuretics, which play a central role in the therapy of patients with congestive heart failure. When using drugs of this class, the correct dosage, regular monitoring of therapy, adequate prevention and measures to overcome resistance to loop diuretics are of primary importance.
 In order to obtain maximum efficiency and a high level of safety for the patient, the basic rules for the appointment and control of diuretic therapy should be strictly followed.

The art of setting up authority: Han Fei’s doctrine of Shi

ABSTRACT Shi is fundamental and indispensable in understanding Han Fei’s political philosophy. Han Feizi presents a political term with different meanings such as power, status, and situation. Han Fei’s doctrine of Shi attempts to consolidate and strengthen the prince’s Shi by limiting the subjects’ status and power. Any knighthood or government position must be granted by following suitable inheritance principles or appointment rules. The actual dominance of any person must be strictly matched with their rank of nobility or seniority of position. This hierarchy of dominance puts the prince at the top with unmatched power, who can then engage in coercion to eliminate anyone who is not submissive, and create terror to effectively control the subjects.

Prawo do sądu ustanowionego ustawą a orzekanie przez sędziów sądów powszechnych powołanych na wniosek Krajowej Rady Sądownictwa po 6 marca 2018 r.

Right to a Tribunal Established by Law and the Adjudication by Judges of Common Courts Appointed at the Request of the National Judicial Council after 6 March 2018 The purpose of the article is to discuss the problem of common courts adjudicating in panels with judges appointed at the request of the National Council of the Judiciary after 6 March 2018 from the perspective of the right to a tribunal established by law guaranteed by Article 6(1) of the ECHR. In particular, the research problem of the article is to determine whether adjudication by a common court in panels involving such persons always leads to a violation of Article 6(1) ECHR. The article presents the view that the appointment of common court judges at the request of the reorganised NCJ, possibly with exception to assessors and former assessors appointed to their first judicial positions, constitutes manifest violation of fundamental rules of appointment of judges. This position is supported by the previous ECtHR case law, according to which adjudication by defectively appointed Supreme Court judges led to violation of the right to a tribunal established by law. However, the mere fact that a common court judge has been appointed in manifest violation of domestic law does not mean that the issuance of a ruling by such judge must always lead to a violation of Article 6(1) ECHR. In the process of assessment of whether there has been a violation of the Convention, the ECtHR also takes into account whether the national courts have adequately reviewed and remedied the violations of law that occurred at the stage of judicial appointments. The article presents the view that if a domestic court undertakes a comprehensive assessment of the judicial appointment process and then concludes, relying on the values expressed in the ECHR and in the case law of the ECtHR, that despite participation of unlawfully appointed person in adjudication panel an individual’s right to court was not put at risk, a violation of Article 6 ECHR can be avoided. If, however, the issue of the judge’s appointment is not examined at all or is done so only superficially, there will be a breach of the ECHR.

Conspicuous Absence of Independent Judiciary and ‘Apolitical’ Courts in Modern Ethiopia

Ethiopia had revolutions in 1974 and 1991, after which the Provisional Military Administration Council (‘PMAC’) and Ethiopian Peoples’ Revolutionary Democratic Front (‘EPRDF’) governments came to power, respectively. Each incoming government re-established and re-structured the courts. Likewise, criminal jurisdictions of the courts and the rules of appointment of judges and court personnel were changed. Yet, the governments presented the courts as independent, insulated from political interference. After examining the respective legislation and the decisions of two sets of courts, I argue that Ethiopia never had an independent judiciary; there were courts established for dispute settlement for the ordinary citizen. The courts were not as apolitical as claimed by the respective governments. They have been, often, compliant with the interests of the regime of the day by giving effect to the executive’s excesses of power or by creating enabling conditions, as though they were extension of the executive.

The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?

The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The article's aim was to investigate the factors that have contributed to the institution's resilience and how this resilience may be tied to the type of justice this customary institution provides and represents. The institution of traditional authority has recently caught the attention of both scholars and policymakers due to the increasing return or revival of this "ancient" form of governance in the contemporary era that is constantly changing its procedures and rules of appointment to adapt to contemporary concerns and social problems. The scope of traditional leaders' jurisdiction and power is defined in the roles and functions they fulfil. As a popular legitimate informal institution in Okombahe, traditional leaders were found to manage and resolve conflict, and to preserve communal identity, unity, and continuity. This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it. In Okombahe, the institution of traditional authority was found to contribute to providing an accessible justice system option grounded in this community's identity, history and social norms. The data collection employed for this qualitative case study of Okombahe consisted of interviews, supporting documents, and relevant scientific articles.

Petitioning by clerks and the colonial state in late nineteenth-century Burma

ABSTRACT Many indigenous people in British Burma were employed as subordinate officials in governmental agencies. This article focuses on the Burmese clerks in the delta region, and explores the characteristics of their relationship with the colonial state in the late nineteenth century. First, the recruitment process and careers of specific clerks are overviewed. Their position was gradually institutionalized by appointment rules. However, population growth and the development of a rice-export economy entailed not only a surge of judicial and revenue work but also territorial changes in administrative units and rearrangements of staff. The workload of the delta’s administration increased, placing additional burdens on clerks. By examining the case of a clerk who experienced dismissal and reinstatement, the article reveals that high-ranking officials, under the pedagogical functions of the colonial state, adopted a stance of restricting dismissals. Moreover, regarding the significance of petitions produced and submitted by clerks, each clerk, as a petitioner, appeared to have a distinct strategy, since not every document is stereotypical in its form or phraseology. In other words, petitioning, in this study, is not treated as a one-sided supplication but rather as an interaction between petitioners and recipients.

Special Rules for Imposing Punishment: Conceptual Framework and Problems of Interaction

Introduction. The article is devoted to a comprehensive study of the conceptual foundations of the institution of the special rules for assigning punishment and the mechanism of the interaction of those punishments. Looked at through the prism of the signs of system formation, their essence and boundaries, their legal nature and the purposes of applying these rules are made clearly visible. This study also investigates the problems of the interaction of special rules for their appointment both among themselves as well as with other structural units of the institution of sentencing. Theoretical Basis. Methods. The methods were selected based on an understanding of the goals, objectives and the object of the research. The methodological basis of the work is a set of both general scientific and specific scientific methods of the cognition of social and legal phenomena. These are the analysis, synthesis, induction, deduction, system-structural, comparative-legal, historical-legal, and formal-legal methods. Results. The article is devoted to a comprehensive study of the conceptual foundations of the in- stitution of special sentencing rules. Their essence is revealed through the prism of system-form- ing features, their circle, content and legal nature, and the purpose of applying these rules are specified. The problems of interaction of special rules of appointment both among themselves and with other structural units of the institution of sentencing are also investigated. Discussion and Conclusion. On the basis of this study, the distinctive features of the special rules for the assignment of punishment are established, Using this, the author formulates a definition, according to which the special rules for the assignment of punishment are the rules provided for in the criminal and criminal procedure code of the Russian Federation, and which are applied by the court in the process of individualising the punishment to the guilty person. This needs to take take into account the understanding of the characteristics of the committed crime, the identity of the perpetrator and the specifics of the implemented form of criminal proceedings. Finally, a conclusion is made about the relative independence of the above rules, which is confirmed not only by their separate consolidation in the Criminal Code of the Russian Federation, but also by the presence of iinherent features which allow them to be distinguished from general principles, principles and other rules for assigning punishment. The ratio of general and special rules is due to the specifics of the application, the interaction of the named rules, and their influence on the choice of the punishment and their functional purpose.

COMPARING SCHEDULING APPOINTMENT RULES PERFORMANCE IN HEALTH CARE UNITS: A DISCRETE EVENT SIMULATION APPROACH

Health care systems are affected by sudden increases in demand that can be generated by factors such as natural disasters, terrorist attacks, epidemics, among others. Patient demand can be divided between scheduled and walk-in and, in pandemic scenarios, both of them must be managed in order to avoid higher patient waiting times or number in queue. A discrete event simulation model is proposed in order to evaluate critical indicators like: patient waiting times, number in queue, resource utilization (doctors), using four different patient schedule appointment rules. In this study it was also considered patients impunctuality, walk-in patients and no-show in different scenarios. The best schedule appointment rules for each demand scenario were evaluated. After comparing six performance indicators, four schedule appointment rules in nine different scenarios it was found that the most known scheduling rule had the lowest queue sizes at scenarios with low or no walk-in patients, whereas, as the unpredictability of the scenarios rose, other rules outperformed it. It was also presented to exist an inverse relation between queue size and the physician idle time. Keywords: discrete event simulation, idle-time, queue management, appointment scheduling, health care.

A pull-strategy for the appointment scheduling of surgical patients in a hospital-integrated facility

ABSTRACT This paper addresses the daily appointment scheduling (AS) of patients in a hospital-integrated facility where outpatients and inpatients are treated simultaneously and share critical resources. We propose a lean approach based on the pull-strategy “Constant Work in Process” (ConWIP) to develop robust and easy-to-implement AS rules. Our objective is to reduce patients’ waiting time and maximise the use rate of resources while considering the global surgical process and stochastic service times. The AS rules based on ConWIP are evaluated using a Discrete-Event-Simulation model. Numerical experiments based on a real-life case study are carried out to assess the proposed appointment rules’ performance and compare them to AS rules developed in the literature. The results highlight the robustness of our approach and demonstrate its usefulness in practice.

(Un)settling the precedent: Contrasting institutionalisation dynamics in the spitzenkandidaten procedure of 2014 and 2019

The article analyses the application of the spitzenkandidaten procedure as instances of a larger institution building process in which the European Parliament and the European Council try to enact competing rules. The Treaty of Lisbon introduced a new clause on how to appoint the Commission President. While in 2014 the European Parliament successfully realised its interpretation according to which the winning spitzenkandidat became Commission President, in 2019 the Council succeeded in deciding not only who would take the Commission presidency but also other key positions. We consider both appointments as cases of decision-making in a natural arena that lack stable institutions about how to appoint the Commission president. Accordingly, the single decisions pended on the case-specific strategic use of resources. While the analysis of the two single cases does not allow us to predict what the institutional rules for future appointments will be, we can identify key resources and strategies that will determine how the institutional rules will be shaped in the elections to come and thus further the understanding of the institutionalisation in the making.

Investment Court: review of the EU initiative

INTRODUCTION. Disputes between investors and States are traditionally resolved through arbitration, However, decades of arbitration practice have revealed some shortcomings and pitfalls of this mechanism. Nowadays, a reform of international investment arbitration is actively discussed on many international platforms. At the same time, there is a completely radical approach to solving the problem: the transition from arbitration to dispute resolution through a permanent judicial institution. In March 2018, the EU Council approved the launch of negotiations on the establishment of a Multilateral investment Court (MIC). Earlier, this idea was supported in the context of drafting agreements between EU and Vietnam and Canada. There is a number of prerequisites for such a court to emerge, including public opinion in the EU. However, the implementation of the project requires that many related issues be solved. MATERIALS AND METHODS. The research is based on the theoretical works of scholars of different views on the topic; analytical works of legal practitioners; working materials of the European Commission, which leads comprehensive work on the development and promotion of the MIC project investment; among international legal sources the research used the Investment Protection Agreement between the EU and Vietnam and the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada, as wells as a recent advisory opinion of the EU Court of Justice on the relationship between the EU law and the new dispute-settlement mechanism. The methodological framework of the research is based on the comparative and historical method, as well as general scientific methods such as analysis, synthesis, analogy, description, deduction. RESEARCH RESULTS. This study provides a manifold analysis of the MIC proposal. The reasons for a common interest in that proposal amid decrease of confidence in arbitration procedures are explained. The authors identify strong points of the investment court, which are needed for improvement of the current system of dispute resolution by arbitration. These features comprise the uniformity of approaches; the independence of judges; the legal correctness of the decisions; a facilitated access to justice for more vulnerable economic actors by means of special financial and procedural conditions. The comparison of the arbitration and judicial dispute resolution mechanism allows us to assess how far in reality the current development towards an in vestment court has advanced. Besides, the research provides a characteristic of the appeal mechanism within the investment court, as one of the most compelling arguments in favor of the proposal. Attention is also paid to the technical aspects in organization of the court. The authors point at issues of compatibility of the proposed court with the EU law (using the CETA provisions as an example). DISCUSSION AND CONCLUSIONS. The presented discussions lead to the following conclusions. Indeed, the investment court has characteristics that can meet the basic demands for fair, transparent, independent, consistent, more accessible dispute resolution. For this reason the MIC project has the greatest chance of support, as compared to other possible options for the proposed reformation of the investment dispute settlement. However, the introduction of a judicial institution does not mean a complete rejection of the main elements of arbitration, such as the voluntary submission of the parties to the dispute settlement mechanism, the consensual nature of the recognition and execution of judicial / arbitral decisions, the use of time-tested procedural rules. A twotier structure of the investment court is bound to become its most prominent distinguishing feature, given that an appellate mechanism within the court would ensure the correctness of the decisions it should render from the perspectives of the law, fact, justice and due process. Internal scrutiny accompanied by strict rules of appointment and remuneration of judges would significantly strengthen the reliability of that institution. Moreover, the investment court has all the chances to gain popularity thanks to its simplicity of joining via the “opt-in” clause and to greater accessibility. Above all, as a recent opinion of the EU Court of Justice on this issue demonstrated, the introduction of the investment court does not affect the legal order of the Union and its members. In turn, that means that States consider as likely a smooth transition to the settlement of investment disputes within a new system of international justice.

Altering the Environment to Improve Appointment System Performance

Current research on clinic performance is focused primarily on appointment scheduling rather than shaping the clinical environments. The goal of this study is to investigate the impact of environmental factors on the total cost performance of a clinic, measured as a weighted sum of patients’ wait times and a physician’s idle time and overtime. The environmental factors investigated include the variability of service times, the probabilities of no-shows and walk-ins, the number of appointments per session, and the cost ratio of the physician’s time to patients’ time. The effects of these factors are evaluated using a near-optimal rule that already adjusts the patients’ appointment times to minimize the negative effects of these factors so that their residual or true effects on total cost performance can be isolated. As a result, this study provides useful insights for healthcare practitioners in prioritizing their efforts in managing the different sources of variability to further improve the clinic performance beyond the use of an optimal or near-optimal appointment rule. Additional experiments are conducted on the effects of patient and physician unpunctuality, which have been studied to a lesser extent in prior literature.

Managing clinic variability with same-day scheduling, intervention for no-shows, and seasonal capacity adjustments

This study investigates demand and capacity strategies for managing clinic variability. These include (i) same-day scheduling to control random walk-ins, (ii) no-show intervention, where the clinic calls advance-booked patients a day before to identify and release cancelled slots to same-day patients, and (iii) adjustments to daily number of appointments for advance-booked patients to match seasonal variations in same-day demand. These strategies are tested over the individual-block/fixed-interval (IBFI) and the Dome appointment rules. Our results show that choosing the appropriate refinements in the order of appointment rules, same-day scheduling, no-show intervention, and capacity adjustment provides maximum improvement. The total cost benefit of demand strategies (i) and (ii) is 7 to 21%, whereas the benefit of capacity strategy (iii) is as high as 6%. Our study affirms the universality of the Dome rule to perform well when combined with the demand and capacity strategies across different environments.

Optimal Appointment Rule Design in an Outpatient Department

Hospitals use appointment systems to manage patient access. Appointment rule, which consists of the length of the booking window, block capacity, and block service time, is critical to achieve efficiency and timely access to healthcare delivery. In this paper, we use a renewal process model to evaluate interday appointment planning and design improved appointment rules for hospitals, especially for those with limited or insufficient resources. We present an associated embedded Markov chain to derive the steady-state distribution. To balance the waiting time and probability of healthcare access, we propose three performance measures, namely, slot utilization, appointment success rate, and patient waiting time, for our evaluation. We then conduct a numerical study to examine the impact of each appointment rule parameter. Qualitative results show that extending the booking window does not significantly reduce system congestion, and a narrowed appointment block is a suitable design for highly in-demand doctors. We use our model and method to design an optimal appointment rule for an actual hospital in Beijing, China. The improved appointment rule is practical and useful for the decision-making of hospital managers. Note to Practitioners —An appointment system with a limited booking window length is a practical solution to reduce waiting time. However, potential patients will lose the opportunity to obtain access to healthcare systems, especially those with a high arrival rate. To balance the tradeoff between shortening the waiting time and increasing healthcare access probability, we attempt to evaluate and design an improved appointment rule that includes booking window length, block capacity, and block service time. Sensitivity analysis shows that extending the booking window does not significantly reduce system congestion, and a narrowed appointment block is a suitable design for highly in-demand doctors. On the basis of our model, we design an optimal appointment rule for an actual Chinese hospital. Results show that improvement can be significant (more than 60%, for example) depending on the parameters.

Semantic Web: A Context for Medical Knowledge Discovering and Sharing

Background and Aim: This article will discuss Semantic Web standards and ontologies in two areas: (1) the research and (2) healthcare. Semantic Web standards are important in the medical sciences since much of the medical research that is available needs an avenue to be shared across disparate computer systems.Methods: This review article was performed based on a literature review and internet search through scientific databases such as PubMed, Scopus, Web of science and Google Scholar.Conclusion: Ontologies can provide a basis for the searching of context-based medical research information so that it can be integrated and used as a foundation for future research. The healthcare industry will be examined specifically in its use of electronic health records (EHR), which need Semantic Web standards to be communicated across different EHR systems. The increased use of EHRs across healthcare organizations will also require ontologies to support context-sensitive searching of information, as well as creating context-based rules for appointments, procedures, and tests so that the quality of healthcare is improved. Literature in these areas has been combined in this article to provide a general view of how Semantic Web standards and ontologies are used, and to give examples of applications in the areas of healthcare and the medical sciences.

The standard essential patent ownership in the global energy interconnection collaborative innovation in China

The construction of Global Energy Interconnection is a systematic strategic project, for which the formation of collaborative innovation alliances would provide a strong intellectual support. As there is no existing law specifically applicable to standard essential patents in China, one has to turn to rules on ordinary patents. Nevertheless, the differences between ordinary patents and standard essential patents have given rise to a series of problems with standard essential patent ownership, especially ambiguous legal interpretation, predicament produced by joint ownership, unreasonable rules on service invention ownership. It is an important means to add “Appointment Rules” in Article 20 of the Science and Technology Progress Law, to promote cooperative innovation alliances’ project ownership from contract to articles and to reconstruct the attribution rules of the service inventions. It is also suggested to promote constitutionalization of agreement on ownership within cooperated projects and avoid joint ownership of intellectual property. There is also a need to reform rules on service invention ownership and enhance the employee's bargaining power.