Form Of Claims Research Articles

The materiality of youth representation at climate summits: navigating barriers, routes, and spaces

ABSTRACT Recent decades have seen institutionalized procedures for youth representation in global climate governance, and significant visibility for youth climate activists. Despite these improvements, young representatives continue to bear witness about tokenized forms of participation and a lack of influence. This article seeks to address this ambiguous development by focusing on the materiality of youth representation in United Nations climate conferences. Through interviews and participant observations at COP26 and COP27, as well as COY16 and COY17, we analyse the bureaucratic and socio-economic barriers to representation, the knowledge resources and competitiveness of the routes to representation, and the spatial ordering and subversive tactics on site at the summits. We show that these materialities shape youth’s discursive strategies, thus helping to explain who gets to be a representative and what forms of subjectivities, agendas, claims, and strategies that become possible in the global climate governance regime.

Judicial review as a quasi-administrative jurisdiction

This article challenges the idea that judicial review is purely judicial and adversarial in nature. Instead, I argue that recent doctrinal and remedial changes to judicial review suggest that courts hold a quasi-administrative jurisdiction. By a quasi-administrative jurisdiction, I mean one that prospectively, and retrospectively, aids and advises on the execution of public administration. For example, the Federal Court in Canada (Citizenship and Immigration) v Mason suggested that federal tribunals should start using the advisory reference procedure found in section 18.3(1) of the 1985 Federal Courts Act to resolve ‘dueling administrative interpretations’ of their home statutes. Canadian courts have also started to remit cases back to administrative decision makers with specific instructions explaining how they are to proceed upon redetermination, thereby structuring and advising on the proper exercise of discretion. The existence of these quasi-administrative remedies requires us to rethink Lon Fuller’s contention that the form of adjudication is inherently bilateral, adversarial, and retrospective. Fuller’s contention was based on the claim that arguments in court are ordinarily presented in the form of claims of right in the disputant’s favour. However, I argue that, in public law adjudication, arguments are presented in the form of claims of legitimate authority in the public interest. This establishes judicial review on what I term a multilateral, collaborative, and prospective form of adjudication. This form suggests that the court is in fact suited to exercising quasi-administrative functions.

Understanding Cycles of Protest and Elections in Lebanon

Abstract While contentious politics literature links protest and voting as connected forms of claim making, in Lebanon, scholars, activists, and citizens generally have treated them as distinct phenomena, resulting in cycles of anti-system protests and elections characterized by wins by the status quo and low turnout. This unusual situation reflects how confessionalism has become deeply intertwined with neoliberalism, closing off necessary opportunity structures for change. Neoliberal policies, even while causing general harm to the average Lebanese citizen, generated high rents which sectarian parties could then distribute to supporters. To keep this system going, the collusive sectarian elite consciously and largely successfully removed economic policy as an electoral issue. By starting from how the ruling sectarian parties dominate the economy, it is possible to explain the cycles of protest and voting behavior.

The shift to authenticity: a framework for analysis of political truth claims

Abstract It is often claimed that political disinformation is more abundant than ever, that populists are particularly prone to lying, and that we live in an era of post-truth or epistemic relativism. Contrary to these views, we interpret this historical trend as a shift from objective to authentic forms of political truth claims. We develop a diagnostic framework that captures different types of political truth claims and their distinct elements. This framework enables interrogation and understanding of the current state of epistemic contestation and change. The rise of both populist and deliberative approaches to democracy, which we use as key examples, are indicators of a gradual shift towards a greater importance of authenticity in the public sphere. We nuance this proposition by distinguishing between different forms of authenticity employed by populist and deliberative politics: communicative authenticity in deliberative politics and original and personal authenticity in populist politics.

From Claim to Judgment – Tracking a Case Through Its Lifecycle

AbstractWhile every law librarian should be able to find a case, tracking one from claim form to judgment is another thing entirely. Here Anneli Sarkanen outlines why and when this might need to be done, the various sources that are available and the methods that are used

Политико-экономическая теория популизма

The paper presents a cross-disciplinary theory of populism. The first part of the article considers a definition of populism, the main electorate of populist forces, and the economic triggers of protest votes for populist parties. The second part deals with the different types of political populism, the reasons for their actualization in the 21st century, and the institutional consequences of populist power. The demand for populism comes from fragmented social groups that lost out in the social transformations following the neoliberal revolution of the 1970s and experienced the negative shocks of globalization. The protest electorate is organized around charismatic leaders who find 'scapegoats' in the form of traditional elites, migrants, or minorities and claim to speak for the «nation». Populism can contribute to democratization in its early stages. However, once in power, populists tend to undermine the system of checks and balances, leading to a decline in the quality of institutions and a slowdown in economic growth. The third part of the paper assesses the impact of economic populism. It is concluded that the definitional approaches used in academic literature do not meet the requirement of universality and do not imply a sufficient level of operationalization necessary for empirical research. An alternative approach is proposed that develops the «classical» definition of R. Dornbusch and S. Edwards: economic policy aimed at provoking economic shocks in order to increase the political ratings of the authorities and downplaying socio-economic risks. This approach enables economic populism to transcend the ideological framework of «right-left» economic policy, separate it from the economic policy of political populists, and evaluate the populist policies of mainstream parties. The theory of economic populism converges with the theory of political business cycles, but is not limited to elections and focuses on assessing demand rather than supply.

Homecomings, belonging and the mediating memory work of US Vietnam War remains

A half-century since its conclusion, the Vietnam War’s ‘work of remembrance’ in the United States continues to generate, even innovate, forms of homecoming and claims of belonging among the state, its military and veterans, surviving families and the wider public. Such commemoration often centres on objects that materialise, physically or symbolically, absence and longed-for recovery or reunion – from wartime artefacts-turned-mementos to the identified remains of missing war dead. In exploring the war’s proliferating memory work, this article examines the small-scale but persistent practice of leaving or scattering cremains at the Vietnam Veterans Memorial on the National Mall in Washington DC, against the backdrop of the US military’s efforts to account for service members missing in action (MIA). Seen together, the illicit and sanctioned efforts to return remains (or artefacts closely associated with them) to places of social recognition and fellowship shed light on the powerful role the dead have in mediating war’s meaning and the debts it incurs.

The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand

Pseudolaw refers to the phenomenon whereby adherents adopt the forms and structures of legal argumentation while substituting the substantive content and underlying principles for a distinct and parallel set of beliefs. In this article, we explore and catalogue the forms of pseudolegal claims made by a particular subset of adherents – the sovereign citizen movement – in one part of the common law world: courts in Australia and Aotearoa New Zealand. Our study demonstrates both the internationalisation of pseudolaw, and that the phenomenon adapts and evolves to suit local legal discourses. We conclude by offering suggestions to respond to pseudolaw.

Application of Artificial Intelligence in Improving Customer Experience at PT Chubb Life Insurance Medan

This research discusses the application of Artificial Intelligence in improving Customer Experience at PT Chubb Life Insurance Medan. Artificial Intelligence plays an important role in increasing customer loyalty and customer relationships. Artificial intelligence is a symbol of the emergence of the industrial revolution 4.0 era which is intended to provide convenience for users, in various sectors, especially in the insurance sector. With Artificial Intelligence, customers can easily connect with each other without having to be on location, or formulate an event or condition. The approach used in this research is qualitative, which is intended to understand the phenomena experienced by the research subject. This research produces data in the form of descriptive words and written words about people and observed behavior. The results of this study indicate that the application of Customer Corner in improving Customer Experience has a positive impact. Various service features in the Customer Corner web are online customer services that make it easy for customers to get policy information, partner hospitals, and claim forms. How to check the balance of Chubb Life insurance or the amount of the annual limit can also be seen in the Chubb Life online customer portal.

Цифровизация гражданского судопроизводства Англии

Introduction: England is going through a period of radical reform of the civil justice system. A new landscape of digital dispute resolution is advancing, based on the idea that the transition from ‘paperbased’ resolution of legal disputes in physical courts to an online environment will help meet the dual requirements of expanded access to justice and significantly reduced system costs. As noted by the English authors, now the country has a semi‐digital justice system and hybrid ways of working. Supporters of the reforms define the current system as unstable and consider growing digitalization to be the only realistic solution. Purpose: to form an idea of the digitalization of civil proceedings in England based on analysis of scientific sources and regulations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as legaldogmatic and the method of interpretation of legal norms. Results: the conducted research has shown that a modernization program is currently being implemented in the courts of England and Wales, focused on the transition from traditional ways of working to the use of digital methods. There have been created various pilot schemes aimed at improving access to justice, at facilitating preliminary resolution of disputes and resolution of disputes at early stages, at reducing the number of claims reaching the court, at increasing the economic efficiency of civil proceedings and judicial efficiency. Judicial reform has been carried out by the UK government for more than 25 years. But the civil justice reform program, with its commitment to digitalization and online process, began in earnest in 2014, when the Ministry of Justice announced that Her Majesty's Courts and Tribunals Service (HMCTS) would implement a reform program the central element of which would be the use of information technology, including online processes, to facilitate dispute resolution. The concept of online court was to create a convenient online system for processing simple monetary claims with a value not exceeding 25,000 pounds. Conclusions: in 2023, the following digital technologies were widely used by UK courts: video hearings (at the discretion of the court); creation of electronic packages of court documents (e‐bundles) and electronic filing of court documents; electronic communication between the parties and the court; online portals for processing various forms of claims; creation of an online system of protocols of preliminary actions (Pre Action Protocols), called online PAPs. Currently, various claim portals designed to handle claims of various types are operating or undergoing pilot testing in the country: the Online Civil Monetary Claims (OCMC) portal (processing of claims for a certain amount of money limited to 25,000 pounds); the Damages Claims Portal (DCP) (processing of claims for damages in the district court); Official Injury Claim (OIC) portal (processing of accident injury claims). An important event was the creation of the Online Procedure Rule Committee (OPRC) in accordance with the Judicial Review and Courts Act 2022. This law created the basis for the development of new, simplified Rules for online services in civil, family, and arbitration proceedings. The Recommendations of the UK Jurisdiction Taskforce (UKJT) should also be taken into account with regard to the use of blockchain technologies in legal proceedings and judicial practice on this issue. The final report of the UKJT was published on June 28, 2023. The final position of the UKJT was to support common law as the primary means to be used to resolve claims against cryptocurrencies.

Actuarial Measures for Inverse Gaussian Distributed Claim Severity

An insurance company must be able to manage risks in the form of claims submitted by policyholders. There are several risk measures or actuarial measures that can be used to predict future risks and help companies prepare reserves. These actuarial measures are Value at Risk (VaR), Tail Value at Risk (TVaR), Tail Variance (TV), and Tail Variance Premium (TVP). In this article, we will discuss these actuarial measures for inverse Gaussian distributed claim severity. The Kolmogorov-Smirnov test is used to test the fit of the inverse Gaussian distribution. The maximum likelihood estimator is used as a method to estimate the parameters of the inverse Gaussian distribution. The data used in this article is data on partial loss claims for motor vehicle insurance insurance company PT. ABC in 2019 Category 1 in all regions. However, after testing the goodness of fit of the distribution using the Kolmogorov-Smirnov test for region 3, it did not come from a population with an inverse Gaussian distribution. So the data used to proceed to the actuarial measures estimation stage is only region 1 and region 2. Based on the results of calculating the actuarial measures for inverse Gaussian distributed claim severity, it can be concluded that the value of losses expected by a company can be calculated by taking into account the actuarial measures for claim severity on motor vehicle insurance in Indonesia.

Luchas y desarraigos por la tierra y resistencias juveniles por el derecho a la ciudad en el postconflicto: una mirada a la construcción de paz desde la periferia de Bogotá

This text gives an account of an investigation carried out from the year 2022, in the El Recuerdo Sur neighborhood of Ciudad Bolívar-Bogotá, whose purpose is to contribute to the generation of public space and the claim to the right to the city and that has unfolded other understandings about the need to look at the periphery, its social struggles and collective resistances in a post-conflict perspective. The article gives an account, therefore, of the methodological exercise in the accompaniment and dialogue with this community that helped to make visible factors of marginality and social exclusion associated with these struggles and resistance and the role that young people play in this process and that they particularly make of the territory a network of disputes that are embodied in forms of social claims, which account for a historicity of displaced and uprooted popular colonizers as an effect of social and political violence in Colombia.

AI Alone Will Not Reduce the Administrative Burden of Health Care

This Viewpoint considers AI’s limits in solving the medical billing quagmire and argues that standardizing health insurance claim forms and simplifying billing must occur before AI can shoulder the load.

Genocide‐time: Political violence reckoning in Rwanda

AbstractThis article looks at how political violence in Rwanda, that of the genocide against Tutsi in 1994 and beyond, is remembered, narrated, and embedded in everyday sociality. It makes two related arguments. Taking the aftermath of Rwanda's Gacaca courts (a transitional justice mechanism implemented between 2005 and 2012) as my point of entry, I argue first that violence, though narrated as past in these courts, is imagined as returning in the future, and the present is the space to prepare for this inevitable return. This structuring temporal logic, or genocide‐time, undergirds everyday social relations between the protagonists of Gacaca courts years after their official end. Second, both survivors and perpetrators of the genocide claim forms of racialized victimhood, a legacy of European imperial categorizations of Rwandans into Hutus and Tutsis. Genocide‐time signals a temporal moment in which ethnic categories, crucial for colonial management, become racialized and deeply entangled with political violence. Shared claims to racialized victimhood today, I argue, index this longer history.

Profile of scientific argumentation of elementary school teachers using Toulmin’s Argumentation Pattern (TAP) in Physics concept of potable water sources

This study aims to determine the profile of scientific argumentation in elementary school teachers by using Toulmin’s Argumentation Pattern (TAP) in the Natural Sciences chapter. This type of research used survey research with research subjects, namely 24 elementary school teachers. The instrument used was the PISA-Physics test on drinkable materials. Data analysis techniques using quantitative descriptive. The results of the scientific argumentation research of 24 teachers showed that 37.5% were entered as level 1 in the first question, and 59% were entered as level 1 in the second item. This is because the teacher only gives statements in the form of data and claims on the questions that have been given. The teacher has not been able to provide a strong rebuttal accompanied by evidence and support in accordance with Toulmin’s Argumentation Pattern (TAP).

Cattle-related occupational accidents in Japan.

Cattle-related injuries are a significant contributing factor in 84.3% of livestock-related incidents in Hokkaido Japan. The specific countermeasures to respond to its characteristics are needed because cattle move freely. This study examined the JA Kyosai mutual aid payment claim form data of the agricultural work-related incidents that occurred from 1st January 2013 to 31st December 2016. We extracted incidents coded 'Cattle' term on the 'Causing Stuffs/Animals' column as cattle-related injuries and analysed them. In four years, there were 227 cattle-related incidents and all were non-fatal cases. The most common age group of victims were in their 60s (37.9%). The Therapy duration was 1 to 243 days, with one day being the most common (10.1%); however, in 51.5% of the cases it required more than 30 days. The most common Activity at the moment of the incident was 'bringing the cattle' (22.5%), of which 'leading the cattle by rope' (56.9% of bringing) was most frequently mentioned. Even farmers with significant experience with cattle cannot control cattle proficiently. Neither can they predict cattle behaviour. Hence, cattle should be kept under protected contact. Since prevention of incidents has limits, harm reduction to farmers must be considered. In the short-term planning, isolated pathways and shock-absorbing lead rope are effective in preventing injuries. However, a more long-term perspective must consider, a fully automated system that reduces human contact with cattle on farms.

COVID-19 Health Education Activities: An Analysis of a National Sample of Certified Health Education Specialists (CHES®/MCHES®) in Response to the Global Pandemic.

The National Commission of Health Education Credentialing, Inc. (NCHEC) created the Category 1 COVID-19 Claim Form Opportunity to document how Certified Health Education Specialists (CHES®) and Master Certified Health Education Specialists (MCHES®) assisted communities during the COVID-19 pandemic. Using data submitted by CHES®/MCHES® (n = 3,098 claim forms), the purpose of this study was to (a) describe the settings where CHES® and MCHES® completed their pandemic work and (b) assess differences in the type of pandemic work completed by CHES® compared with MCHES® based on specific Areas of Responsibility (AOR) for Health Education Specialists. Findings showed that CHES® and MCHES® engaged in seven AOR during the pandemic, with the largest proportion of CHES® (n = 859; 33%) and MCHES® (n = 105; 21.9%, documenting COVID-19-related activities in health departments. CHES® reported higher engagement than MCHES® in activities such as COVID-19 reporting/tracking, χ2 (1, N = 3,098) = 27.3, p < .001; outbreak response, χ2 (1, N = 3,098) = 4.3, p = .039; and vaccination, χ2 (1, N = 3,098) = 5.2, p = .023. Conversely, MCHES® reported higher participation than CHES® in screening/testing, χ2 (1, N = 3,098) = 174.2, p < .001; administration of budgets/operations, χ2 (1, N = 3,098) = 30.1, p < .001; and adapting educational activities at college/universities, χ2 (1, N = 3,098) = 46.1, p < .001. CHES® were more likely than MCHES® to indicate working in all AOR except for Area 2-Plan Health Education/Promotion. Results support that employer-verified health education skills in all AOR were transferable during COVID-19, especially for CHES® employed within state/county health departments.

Somatic Human Rights – the Result of the Legal Regulation Scope Expansion?

The processes of formation and further consolidation of human rights, including somatic ones, presuppose their initial existence in the form of legal claims. The relationship between somatic legal claims and the expansion of the scope of legal regulation has a complex dialectical character. The emergence of certain legal claims and their further consolidation as subjective rights is not always the result of expanding the scope of legal regulation. All somatic claims can be divided into three groups according to their relationship with the sphere of legal regulation. The first group is somatic legal claims, which appeared as the result of the expansion of the scope of legal regulation, due to scientific and technological progress, giving rise to qualitatively new forms of social relations, including those directly affecting the legal status of the individual in society and the state. The second group is somatic legal claims, which are the result of a change in the vision of the sphere of legal regulation, due to the development of human civilization and the change in moral, ethical and value dominants in society. The third group is legal claims arising from social relations that do not have a legal nature, as the result of the designation of which an artificial expansion of the scope of legal regulation is possible. The moral and ethical component that accompanies the somatic claims of a person complicates the processes of their formal consolidation and causes the lack of a unified approach to the legal regulation of these issues, due to the historical, religious, mental features of the individual societies and states development. Each state in the transition of somatic legal claims to the normative legal form of subjective rights must consider them from the point of view of their compliance with the criterion of moral correctness. Responsibility for making such decisions, together with the state, should be assumed by society, by using of deliberative procedures in the process of law formation.

UKURAN RISIKO ATAS PERTANGGUNGAN DENGAN BESAR KLAIM YANG TERMODIFIKASI

Coverage modifications results in the amount of payment or reimbursement of claims not being the same as that proposed by the policyholder. Determination of the deductible causes claims below that value to be borne by the policyholder. Meanwhile, setting a policy limit results in a maximum value for claims borne by the insurance company (maximum covered loss). The size of risk as an important value in risk management, which in its determination depends on the distribution of losses in the form of claims, will also be affected by coverage modifications. In this study, risk measure was determined based on the standard deviation and value at risk that using quantile values. In addition, a risk measure is also determined in the form of a conditional tail expectation which is the average value of the loss over a certain quantile and the risk measure is based on a proportional hazard transformation. The size of the risk is determined by the coverage modified by the deductible and policy limit. Apart from that, it is also taken into account that there may be inflation, which of course will also have an impact on the distribution of claims. The observed claim size is known to have a Weibull distribution with certain parameter values, which heavy tailed. The results obtained indicate that modifications in the form of setting deductibles and policy limits have an impact on the magnitude of all risk measures obtained.

Tanggung Jawab Notaris dalam Akta Perjanjian Jual Beli Lunas Tanah dan Bangunan yang Dibuat di Hadapan Notaris (Studi Putusan Nomor 179/Pdt/2018/PT. BTN)

The purpose of this research is to describe the legal responsibility of a notary in a land and building sale and purchase agreement, to describe the legal protection of buyers who have good intentions in a land and building sale and purchase agreement, how to analyze the basic legal considerations of the panel of judges in Decision Number 179/PDT/2018/ PT BTN related to the sale and purchase agreement in full for land and buildings. The research was carried out using legal research, namely normative juridical which is descriptive-analytical, which is research that aims to describe a condition or symptom or to determine whether there is a relationship between a symptom and other symptoms. The data collection technique used was a literature study. The results of the research and discussion show that the notary's legal responsibility for the sale and purchase agreement deed he made is that if the notary in making an authentic deed is not thorough and careful, then the notary can be held accountable in the form of claims to compensate for losses in the form of reimbursement of costs and compensation, because of the notary's carelessness and inaccuracy in making the deed. Legal protection for a buyer with good intentions in a sale and purchase agreement in full for land and buildings depends on the contents of the binding sale and purchase agreement (PPJB) itself. The basic analysis of the legal considerations of the panel of judges in Decision Number 179/PDT/2018/PT BTN regarding the sale and purchase agreement in full for land and buildings is that the notary has conducted research and checked and in the signing process, both the seller and the buyer have no objections, until the deed minutation process - deed made by the defendant.