Formal Claim Research Articles

Akibat Hukum Adopsi terhadap Waris Menurut Kompilasi Hukum Islam

Children are the fruit of love that every married couple dreams of, but many couples experience challenges in having children. For many husbands and couples who have been married for a long time but have not been blessed with a child, adoption is the best alternative. However, many problems arise as a result of this implementation; One of the roots of the problem is that many people still do not know about the adoption process, how inheritance is distributed to adopted children, or how the rights of adopted children comply with the general description of Islamic inheritance law. Many problems occur in society because many people do not know about the rights of adopted children or how to submit a formal claim so that their rights are recognized by the state. In the Compilation of Islamic Law, it is stated that a child's lineage must be carried out by his adoptive parents when he marries and inherits. As a result, adopted children have difficulty understanding their legal position. This research uses normative jurisprudence, namely library research using existing books and references. The solution to problems involving adopted children and adoptive parents is for adoptive parents to understand the legal laws and children's rights as stated in the Compilation of Islamic Law which states that adopted children have the same rights as biological children, including knowing their life history, parents his birth, and the religion of his biological parents and that he was adopted by his adoptive parents.

Transpension: The Right Adjoint to the Pi-type

Presheaf models of dependent type theory have been successfully applied to model HoTT, parametricity, and directed, guarded and nominal type theory. There has been considerable interest in internalizing aspects of these presheaf models, either to make the resulting language more expressive, or in order to carry out further reasoning internally, allowing greater abstraction and sometimes automated verification. While the constructions of presheaf models largely follow a common pattern, approaches towards internalization do not. Throughout the literature, various internal presheaf operators ($\surd$, $\Phi/\mathsf{extent}$, $\Psi/\mathsf{Gel}$, $\mathsf{Glue}$, $\mathsf{Weld}$, $\mathsf{mill}$, the strictness axiom and locally fresh names) can be found and little is known about their relative expressivenes. Moreover, some of these require that variables whose type is a shape (representable presheaf, e.g. an interval) be used affinely. We propose a novel type former, the transpension type, which is right adjoint to universal quantification over a shape. Its structure resembles a dependent version of the suspension type in HoTT. We give general typing rules and a presheaf semantics in terms of base category functors dubbed multipliers. Structural rules for shape variables and certain aspects of the transpension type depend on characteristics of the multiplier. We demonstrate how the transpension type and the strictness axiom can be combined to implement all and improve some of the aforementioned internalization operators (without formal claim in the case of locally fresh names).

An improved implementation of metrological traceability concepts is needed to benefit from standardization of laboratory results.

Non-harmonization of laboratory results represents a concrete risk for patient safety. To avoid harms, it is agreed that measurements by in vitro diagnostic medical devices (IVD-MD) on clinical samples should be traceable to higher-order references and adjusted to give the same result. However, metrological traceability is not a formal claim and has to be correctly implemented, which in practice does not happen for a non-negligible number of measurands. Stakeholders, such as higher-order reference providers, IVD manufacturers, and External Quality Assessment organizers, have major responsibilities and should improve their contribution by unambiguously and rigorously applying what is described in the International Organization for Standardization 17511:2020 standard and other documents provided by the international scientific bodies, such as Joint Committee on Traceability in Laboratory Medicine and IFCC. For their part, laboratory professionals should take responsibility to abandon non-selective methods and move to IVD-MDs displaying proper selectivity, which is one of the indispensable prerequisites for the correct implementation of metrological traceability. The practicality of metrological traceability concepts is not impossible but relevant education and appropriate training of all involved stakeholders are essential to obtain the expected benefits in terms of standardization.

Akimiski Island, Nunavut, Canada: The Use of Cree Oral History and Sea-Level Retrodiction to Resolve Aboriginal Title

On 1 April 1999, Akimiski Island of the western James Bay region of northern Ontario, Canada, was included in the newly formed territory of Nunavut, Canada—an Inuit-dominated territory—even though the Inuit had never asserted Aboriginal title to the island. By contrast, the Omushkegowuk Cree of the western James Bay region have asserted Aboriginal title to Akimiski Island. The Government of Canada by their action (or inaction) has reversed the onus of responsibility for proof of Aboriginal title from the Inuit to the Cree. In other words, the Government of Canada did not follow their own guidelines and the common-law test for proof of Aboriginal title. In this paper, we documented and employed Cree oral history as well as a sea-level retrodiction (based on state-of-the-art numerical modeling of past sea-level changes in James Bay), which incorporated a modified ICE-6G ice history and a 3-D model of Earth structure, to establish that criterion 2 of the test for Aboriginal title has now been fully met. In other words, Cree traditional use and occupancy of Akimiski Island was considered sufficiently factual at the time of assertion of sovereignty by European nations. As all the criteria of the common-law test for proof of Aboriginal title in Canada, with respect to Akimiski Island, have now been addressed, the Cree have sufficient basis to initiate the process of a formal land claim.

Assessing Young Consumers’ Responses to Sustainable Labels: Insights from a Factorial Experiment in Italy

This study provides insights into young consumers’ responses to sustainable labels. Drawing on signaling theory, the article studies how third-party labels (TPLs) act and interact with company-level claims, trying to better understand their impact on young consumers’ perceptions and willingness to buy (pay for) a chocolate bar. A between-subjects factorial experiment—conducted by manipulating third-party sustainable labels (presence/absence of the labels) and self-declared claims (absence of the claim, formal claim, and friendly claim)—was used to test: (a) the effect of TPLs and self-declared claims on consumers’ perceptions, purchase intention, and willingness to pay, (b) whether this effect was mediated through the perceived credibility of the sustainability message, and (c) what kind of tone-of-voice adopted in the company’s claim was more effective. Data were collected via an online survey among a sample of 315 consumers (age range: 18–39 years) in South Italy. We found that third-party labels, “alone” were not effective in influencing consumers’ perceptions and willingness to buy/pay, while a self-declared claim, especially if characterized by a formal tone of voice, had a much more relevant impact. The combination of TPLs and self-declaration affected most consumers’ willingness to pay when the copy claim was informal. The perceived credibility of the sustainability message mediated the relationships between self-declared claims and the majority of the dependent variables, while, with reference to the relationship between TPLs and dependent variables, it did not act as a mediator.

The Power of Mediator Suggestions in Mediating the Settlement of Pancasila Industrial Relations Disputes Outside the Court

One of the settlements of disputes outside the court, mediation is understood as a settlement that is non-judgmental, fast, inexpensive, and provides access to the disputing parties to obtain justice or a satisfactory settlement by means of a win-win solution. The role of an industrial relations mediator is urgently needed to achieve harmonious industrial relations. The mediator becomes a point of contact who plays an active role in settlements outside the court. The strength of the mediator's suggestion in mediation is something that greatly determines the continuity of the settlement process because it can be a dispute resolution up to the Industrial Relations Court (PHI) if the negotiation and the mediator's written recommendation are not accepted by one or both parties. In a formal claim to the Industrial Relations court, a written recommendation is part of the minutes of industrial relations dispute settlement. A written recommendation only has power if a collective agreement is made and is registered with the PHI to get the power to be implemented. Deliberation to reach a consensus through mediation settlement with a written suggestion as one of the settlement methods in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has not been optimally implemented as long as it is not registered with PHI to have permanent legal force. Keywords: Mediation; Pancasila; Industrial Relations Disputes.

Mediating Japan-Korea Trade and Investment Tensions

This paper first describes the trade tensions between Korea and Japan that escalated from mid-2019. It assesses Korea’s prospects in a formal claim now brought before the World Trade Organization, noting difficulties with substantive law, but especially procedure given the general breakdown in the WTO’s usual two-tier inter-state dispute resolution process. The paper then outlines the possibility of Japan bringing claims under a 1965 Treaty that purported to settle claims resulting from Japan’s colonisation of Korea, or under bilateral or trilateral investment treaties, regarding Korean courts recently ordering Japanese companies to pay compensation to colonisation-era Korean labourers. Yet such claims also face procedural and/or substantive law difficulties. The paper further elaborates the possibility of affected Japanese companies instead or in parallel bringing investor-state dispute settlement claims against Korea, similarly alleging denial of justice in Korean court proceedings, under the two investment treaties. We conclude that these extra complications bolster the attraction of a formal mediation to bring both countries and the affected companies together in order to achieve an overall negotiated settlement.

Receiving the final report of the referendum council: A challenge in public law

AbstractThe Final Report of the Referendum Council, which includes the Uluru Statement from the Heart, is a formal claim on the Australian people and its governing institutions. The claim is for a new conception of the unity of the Australian people so that for the first time historically it includes the Aboriginal and Torres Strait Islander peoples as the first sovereign nations of Australia. This is the significance of the recommendation that a First Nations Voice to Parliament be established in the Australian Constitution. This is not just a claim on the Australian constitution; it is a claim in public law that offers a new political‐constitutional horizon of intelligibility for the Australian constitution. In the current reception of the Final Report, this has not been properly understood.

Resolving Eligibility and Indefiniteness in Proper Context: Applying Alice and Aristocrat

In the wake of the Supreme Court’s revolution in § 101 jurisprudence, district courts have begun resolving questions of patent eligibility at an early stage in patent litigation, without evidence or formal claim construction. This chaotic new trend represents a departure from the test set forth in Mayo/Alice, which requires courts to determine whether a patent teaches an “inventive concept” or merely recites “conventional” structure — a determination that overlaps with the question of novelty often requires the resolution of significant factual issues. Courts have made a similar departure in the law of indefiniteness, unmooring the analysis from the perspective of the skilled artisan. This article contends that both eligibility and indefiniteness must be decided in context, as they long have been. Context demands that courts adopt the perspective of the skilled artisan, often taking evidence in the form of expert testimony. Particularly with respect to eligibility, it requires that courts assess the claimed invention as part of the field within which it arose. Thus, reading the prosecution history and the prior art will often be necessary. The current tendency among judges to decide these issues “in a vacuum” — absent prior art evidence and without the understanding of the skilled artisan — is rooted in a fear of overly preemptive patents and broad functional claiming. While these concerns are not without merit, current trends have gone much too far, and patents are often being held invalid on scant evidence. To restore balance in these inquiries, this article argues that courts must return to context-based decision-making. This article illustrates the conflicts within the Federal Circuit’s indefiniteness doctrine that wrongly preclude the use of expert testimony, and need to be resolved en banc. And it argues that, although the Mayo/Alice framework clearly indicates that eligibility doctrine rests on crucial questions of fact — questions usually inappropriate at the motion to dismiss stage — further procedural guidance is necessary to clarify how courts should decide eligibility properly. Judicial intervention comparable to Markman, which created so-called Markman hearings on claim construction and began a revolution in patent procedure, may be necessary in the eligibility context to clarify how (and when) courts are to decide eligibility, and what fact issues are relevant. In the absence of such guidance, it may be necessary for Congress to amend §§ 101 and 112 to clarify the contextual nature of these inquiries.

Injured but not Entitled to Legal Insurance Compensation – Ornamental Institutions and Migrant Workers’ Informal Channels inChina

AbstractDue to the rapid industrialization and urbanization ofChina, an estimated 252 million farmers have migrated from impoverished rural areas to prosperous urban regions, seeking off‐farm employment. InChina, these are referred to as migrant workers. Workers’ compensation insurance law represents one of the most vital formal institutions forChinese migrant workers. Through in‐depth interviews with migrant workers and employers, the authors find that instead of making a formal claim based on workers’ compensation insurance law, most injured migrant workers adopt informal channels (e.g. bargaining, negotiation, threats, violence) to receive compensation from employers. Even when migrant workers are insured in accordance with the law, they may be denied legal insurance compensation and thus turn to informal private settlement. Generally, the amount of compensation acquired by means of informal private settlement is significantly smaller than that awarded in the case of legal insurance compensation. This practice reveals that, like some other formal institutions inChina, workers’ compensation insurance law is merely a symbolic ornament, window‐dressing for the public, which are referred to as ‘ornamental institutions'. In the way they are designed, set up and funded, these ornamental institutions can easily prove illusory since they conceal an anarchic world wherein diverse informal channels of social actors emerge, which reflect the reality ofChinese society. Therefore, only through deep empirical research, like this study, can one see beyond the facade of modernity in contemporaryChina, observe the reality of social actors, and reflect upon the functioning of ornamental institutions.

Parting Ways: The Impact of Mutual Termination of Investment Treaties on Investor Rights

Several States have terminated international investment agreements (IIAs) in recent years—some alarmed at unexpected outcomes in certain investor–State cases, and others simply updating their IIAs as they conclude wider economic partnership agreements. States’ attempts to extinguish investor rights through the consensual termination of an IIA raise complex legal issues. As a threshold matter, investors are capable of deriving legal ‘rights’ under an IIA that may interfere with attempts at termination. However, the grant of such rights under an IIA depends on its specific wording and context. Moreover, although a pre-existing treaty breach for which a formal claim has already been brought cannot be affected by a subsequent termination, States parties to an IIA are free to agree to extinguish investor rights that have not yet been exercised, even with respect to a pre-existing breach. In terminating an IIA on the basis of mutual agreement States parties also have (and have been shown to exercise) the power to override so-called ‘survival’ clauses commonly found in IIAs, thereby excluding all future rights and claims under the treaty. This conclusion is based on fundamental precepts of the law of treaties and is unaffected by any alleged doctrine of ‘acquired rights’.

The Meaning of 'Law' in Comparing Laws or the Complexity of What the Object of Legal Comparison Is

The Meaning of 'Law' in Comparing Laws or the Complexity of What the Object of Legal Comparison Is

It’s Not So Obvious

Currently, the United States Supreme Court requires a fact-specific approach to determine whether a patent claim is eligible subject matter under 35 U.S.C. § 101, even though, traditionally, this has been considered a question of law. However, recently, the United States Court of Appeals for the Federal Circuit introduced the “manifestly evident” standard. The court held that when it is not manifestly evident that a claim is directed to a patent-ineligible abstract idea, then that claim must be deemed patent-eligible subject matter. This Comment suggests that the manifestly evident standard, or one similar to it, will reduce litigation costs. This is because, under the current fact-specific requirements, it may become commonplace for courts to engage in formal claim construction, a costly pre-trial process, to decide whether these requirements are met. But under the manifestly evident standard, courts and litigants will be able to quickly move past the often confusing section 101 to the later sections of the Patent Act, which courts are better prepared to confront.

The limit of formal trial claim of the summary order and arraignment adjustment

The limit of formal trial claim of the summary order and arraignment adjustment

Security and composability of randomness expansion from Bell inequalities

The nonlocal behavior of quantum mechanics can be used to generate guaranteed fresh randomness from an untrusted device that consists of two nonsignalling components; since the generation process requires some initial fresh randomness to act as a catalyst, one also speaks of randomness expansion. Colbeck and Kent proposed the first method for generating randomness from untrusted devices, however, without providing a rigorous analysis. This was addressed subsequently by Pironio et al. [Nature 464 (2010)], who aimed at deriving a lower bound on the min-entropy of the data extracted from an untrusted device, based only on the observed non-local behavior of the device. Although that article succeeded in developing important tools towards the acquired goal, it failed in putting the tools together in a rigorous and correct way, and the given formal claim on the guaranteed amount of min-entropy needs to be revisited. In this paper we show how to combine the tools provided by Pironio et al., as to obtain a meaningful and correct lower bound on the min-entropy of the data produced by an untrusted device, based on the observed non-local behavior of the device. Our main result confirms the essence of the improperly formulated claims of Pironio et al., and puts them on solid ground. We also address the question of composability and show that different untrusted devices can be composed in an alternating manner under the assumption that they are not entangled. This enables for superpolynomial randomness expansion based on two untrusted yet unentangled devices.

Memories from the Margins: Stories and Images of Urban Homelessness

AbstractAmong any city’s most wounded bodies and minds are the homeless - individuals who live on the streets, without any formal claim to place. For many of these individuals, the vessels of historical memory are not museums, or classrooms, or library archives, but parks, alleyways, and subway stations. As the numbers of homeless individuals increase dramatically each year, their social, physical, and psychological trauma increasingly characterizes urban life, even as their experiences fall to the margins of the city’s history and future. In response, this paper explores the merging of homeless histories with public history, through two interlocking projects carried out in Boston, Massachusetts - “Histories and Homelessness,” a community-based life-writing project, and “Images from the Streets,” a disposable-camera photography project - outreach and education projects, in which all participants are among the unsheltered homeless who spend their nights on heating grates, under highways, and in ATM kiosks. Together, these projects begin to map and make visible the landscape and memories of homelessness, as they are written and photographed by its inhabitants, and firmly situate these histories within the wider community. Recovering the personal and interpretive histories of homeless individuals, so intimately tied to “place,” creates a powerful strategy for expanding the history of the community to include voices and visions often excluded or left at the margins.

Claim Management Using a Damages Accounting Form

Claim Management Using a Damages Accounting Form

Desiring the Kingdom: Worship, Worldview, and Cultural Formation by James K. A. Smith

238 Antiphon 14.2 (2010) text. The Scriptural accounts are linked with the historical event, but no less with the liturgical event that is celebrated today. The liturgical verses of the feast sing such invitations as, “From his light, let us receive light” (77) and “You showed the reality of the resurrection… Make us worthy of this resurrection, O God…” (40). Slesinski does the appropriate redaction criticism to indicate what emphases one Gospel writer brings that the others did not. But after taking them apart analytically, he puts them back together synthetically in the significance of this feast for the Christian. He makes use of commentaries by Pope Leo the Great, Maximos the Confessor, John Damascene, et al., but the tone of the book comes from the Byzantine Office for the feast, which speaks of “the mystery from the beginning of the world… manifest in your [Christ’s] transfiguration,” (56) and which mystery now sweeps those who celebrate it up into itself. As such, the chapters serve as models for liturgical homiletics. As he concludes, “The liturgical texts for the feast are, at once, pedagogical as they are mystagogical, initiating the worshipper into the very mystery of the Divine Light of Mount Tabor” (109). I would submit that theology is seeing the world in the light of Mount Tabor, and this light still shines from the altar of the Lord. That is why liturgy is a locus theologicus. This unassuming book gives evidence of this liturgical theology by unfolding the content of icon, liturgical hymn, and Scripture. David W. Fagerberg Notre Dame University South Bend, IN Ed.: An essay by Fr Slesinski on Christian initiation in the theology of Nicholas Kabasilas was published in Antiphon 9.3 (2005) 230-44. Reviews of his books A Primer on Church and Eucharist: Eastern Perspectives (2007) and The Holy Encounter: Meditations on the Feast of the Presentation of Our Lord in the Temple (2008) appear in Antiphon 11.3 (2007) 280-83 and Antiphon 13.1 (2009) 89-90, respectively. James K. A. Smith Desiring the Kingdom: Worship, Worldview, and Cultural Formation Grand Rapids, MI: Baker Academic, 2009 230 pages. Paperback. $21.99 Professor Smith straddles two worlds in his position at Calvin College : he is an associate professor of philosophy and also an adjunct professor of congregational and ministry studies. He brings both 239 Book Reviews worlds to bear in this book, writing as a philosopher in the Reformed Christian tradition on the subject of “how learning is connected to worship and how, together, these constitute practices of formation and discipleship” (11). Part I proposes the formal claim that a Christian worldview is born by having our desires formed and hopes shaped through participation in embodied rituals. A worldview is a system of Christian beliefs, ideas, and doctrines, but Smith asks us to question whether education is mainly the absorption of ideas, or the formation of hearts and desires: The core claim of this book is that liturgies—whether “sacred” or “secular”—shape and constitute our identities by forming our most fundamental desires and our most basic attunement to the world. In short, liturgies make us certain kinds of people, and what defines us is what we love. They do this because we are the sorts of animals whose orientation to the world is shaped from the body up more than from the head down. Liturgies aim our love to different ends precisely by training our hearts through our bodies. … In short, every liturgy constitutes a pedagogy that teaches us, in all sorts of precognitive ways, to be a certain kind of person. Hence every liturgy is an education, and embedded in every liturgy is an implicit worldview or “understanding” of the world. (25) Smith is expanding the definition of religion to mean “institutions that command our allegiance, that vie for our passion, and that aim to capture our heart with a particular vision of the good life” (90), and then expanding the definition of liturgy, accordingly: “We have described practices or rituals of ultimate concern as liturgies” (131). As examples of “secular liturgies” he treats the shopping mall, the military-entertainment complex, and universities. For instance, “we can at once appreciate...

IDE NEGARA KORPORATIS MENURUT SOEPOMO & BENITO MUSSOLINI

AbstrakThis article scrutinizes toward Soepomo 'corporatist state' thoughtsinfluences through Indonesia constitution (UUD R1 1945) that compare toanother Benito Mussolini's. The author here finds about the similarity valueboth Soepomo and Mussolini perspectives regarding character and origin ofa state. Those thought is accepted although no any formal claim on UUD RI1945 is applied corporatist state system but its influence still exist in insideof The same situation in fascism fashions neither in formal or substantialform can be found in UUD R1 1945. The author keeps curiosity on thesimilarity thoughts of Soepomo and Mussolini about corporatist state isassumed be influenced by inadequate fascism. The inadequate itself isentitled only by a number of indication and not by plenty facts that direct tothere. This assumption has been a Nasution claim on Japanese fascism waspersuaded on UUD R1 1945 drafting even in insufficient form

Semantics and Sovereignty, or Is there a coherent post-sovereignty stance? Evidence from Québec and Scotland

The problem of sovereignty IN 1997, in anticipation of a further referendum in Quebec, the Canadian federal government referred to the Supreme Court the question of whether Quebec had the right to secede and under what conditions. The Court's solomonic judgement was that Quebec did not have this right in law, but that if it wished to do so Canada would be obliged to negotiate in good faith. The principal conditions were that there should have been a referendum in which Quebeckers had declared their wish by a clear majority on a clear question. For a short while, both sovereignists and federalists claimed vindication, until it became clear that the Court had shrewdly avoided the substantive issue raised by its judgment, namely what is a clear question and what is a clear majority. In 1999 the federal government sought to fill the gap in its bill C22, the so-called clarity bill in which it made clear that the only question that it would recognise was one that posed the question of sovereignty as one of complete separation and that a clear majority would be something more than fifty per cent plus one of those voting. As a tactical manoeuvre, this put the sovereignists on the defensive and some of the more ebullient federalists were able, yet again, to pronounce the end of Quebec separatism; such euphoria has in the past proved short-lived. Even as a tactical manoeuvre, the bill could be criticised for tying the federal government's own hands in advance and ruling out all manner of compromise solutions. More fundamentally, however, it ties a resolution of the Canada-Quebec question to a form of national sovereignty and absolute independence that has rarely existed and, in modern conditions, is ever more elusive. Sovereignty is a much debated and difficult concept. The term is used in at least two ways. One is a formal meaning, according to which a sovereign state recognises no superior authority in the global system, or competing authority within the state's territory. External sovereignty has often been traced, rather misleadingly, to the Peace of Westphalia of 1648 following the Thirty Years' War; for most of Europe it was asserted only in the nineteenth and twentieth centuries. The assertion of internal sovereignty was also a lengthy process, key steps including the Reformation, absolutism from the seventeenth century, and the French Revolution. It is often assumed that this formal sovereignty, being absolute, cannot be alienated. So countries joining the European Union, for example, are seen to share or pool their authority, but to retain the right to resume whatever powers they choose. Similarly, governments devolving powers, as in the UK, can take them back. The other meaning of sovereignty is substantive and refers to the ability of states to act autonomously. In this sense, sovereignty is a variable and can be shared, gained and lost over time. The formal claim to sovereignty can be contrasted with a reality of constraint and the needs of co-existence. In this sense, the sovereign state dates from the second half of the nineteenth century, when states extended their penetration into society, built bureaucratic apparatuses and assumed the power to regulate trade and the movement of people, and really came into its own after the Second World War. Such is the weight of statist assumptions in modern social science that it is easy to forget that neither of these conceptions of sovereignty has ever completely held the field. State historiography has tended to present history teleologically as a progress to the integrated, sovereign nation-state, which itself is imbued with positive normative connotations. In regions with a history of imperial domination, and in minority nations within larger states, there is a competing history, stressing original rights, shared authority and diffused sovereignty.1 In Quebec, the doctrine of the two founding nations reflects this concept of shared sovereignty and of the state as a compact. …