Grant Of Authority Research Articles

ANALISIS SISTEM PENGENDALIAN INTERNAL TERHADAP PEMBERIAN DAN PELUNASAN PIUTANG PADA KOPERASI PEGAWAI NEGERI (KPN) BAHTERA BITUNG

Internal controls should be supported by the presence of control components which include: control environment, control activities, risk assessment, information and communication, and monitoring. All of these will support the achievement of internal control objectives. The purpose of this study is to determine whether the internal control system on the provision and repayment of receivables at the Cooperative Employees (KPN) Bahtera Bitung is in accordance with the theory of COSO. The method used is descriptive method. Based on the results of research conducted by researchers, it can be concluded that the internal control system in the cooperative is still less effective, due to the absence of division of tasks or the granting of authority and responsibility, and bad debts are still common in the Employees Cooperative (KPN) Bahtera Bitung.Keywords : Internal Control System, Accounts Receivable

Disguised Patent Policymaking

Patent Office power has grown immensely in this decade, and the agency is wielding its power in predictably troubling ways. Like other agencies, it injects politics into its decisions while relying on technocratic justifications. It also reads grants of authority expansively to aggrandize its power, especially to the detriment of judicial checks on agency action. However, this story of Patent Office ascendancy differs from that of other agencies in two important respects. One is that the U.S. patent system still remains primarily a means for allocating property rights, not a comprehensive regime of industrial regulation. Thus, the Patent Office cannot yet claim broad autonomy to make substantive political judgments. Indeed, the agency until now has wielded its power mostly in disguise. The other difference is that the era of broad Patent Office power is still in relative infancy. Recent years have seen important analytical and empirical studies of the agency’s dramatic changes, but its new and controversial practices are not yet entrenched. Meaningful reform is still possible, and it is desirable. Patent Office power has grown so much so quickly in part because the political valence of that power has been obscured by a blinkered focus on technological expertise. Understanding the agency’s pernicious structural choices—such as commingling separately delegated powers in order to evade judicial review and stacking adjudicatory panels to reach desired outcomes—in terms of politicization reveals significant risks of injury upon the agency’s ability to make credible commitments, and also illuminates potential solutions.

Establishment Of Village Regulations In Realize Autonomy Village

Provision of regional autonomy is the granting of authority and flexibility to regions to manage and utilize regional resources optimally, of course, the granting of such authority must be balanced with the establishment of adequate regulations. However, there are still many problems related to the formulation of regulations, especially the village regulations. As long as government-cooled development starts from the lowest levels of government, the village has not proceeded as desired. The purpose of this study to determine the Status of Village Rules In Autonomy Village Governance System. The research method used in the preparation of this research is the normative juridical method that is in answering the problem used the legal point of view based on the applicable law regulation, to then be connected with the reality in the field related to the issues to be discussed. Village regulations serve as indicators in the successful implementation of village autonomy. In Law Number 6 Year 2014 Article 115 letter b and e jo Article 112 paragraph 1 stipulates the provision that the Regency / Municipal Government shall supervise and administer the Village Government which in the case of Village Regulation in the form of guiding the formulation of Village Regulation and Village Head Regulation as well as evaluating and supervision of Village Rules.

Lucretius' Personified Natura Rerum, Satire, and Ennius' Saturae

The personified Natura Rerum in Lucretius 3 is a satirist. Her speeches contain the hallmarks of satire, she anticipates guest satirists in later satura, and the personification alludes to a lost passage of Ennius' Saturae. She grants authority and satiric bite to the narrator's refutation of the fear of death.

Understanding Delegation through Machine Learning: A Method and Application to the European Union

Delegation of powers represents a grant of authority by a legislature to one or more agents whose powers are determined by the conditions in enabling statutes. Extant empirical studies of this problem have relied on labor-intensive content analysis that ultimately restricts our knowledge of how delegation has responded to politics and institutional change in recent years. We present a machine learning approach to the empirical estimation of authority and constraint in European Union (EU) legislation and demonstrate its ability to accurately generate the same discretion measures used in an original study directly from all EU directives and regulations enacted between 1958-2017. We assess validity by training our classifier on a random sample of only 10% of hand-coded provisions and replicating an important substantive finding. While our principal interest lies in delegation, our method is extensible to any context in which human coding has been profitably produced.

Роль професійних об’єднань у системі моніторингу якості освітніх послуг у закладах вищої освіти Канади

The paper traces modern trends in higher education systems transformation in Europe. All the tendencies might be grouped under the same goal: universities should be the basis not only for making students well-educated. The main priorities have been shifted towards enhancing applied professionally oriented knowledge and skills and equipping students with the methodology for continuing professional development. The latter implies lots of self-study. The way to make these ideas come to fruition is to delegate the duties of establishing education standards and qualification requirements from national governmental structures to professional bodies at least to some extent. Professional organizations are obviously much more aware of what an aspiring worker has to be capable of in order to be a good representative of the profession. Despite such experience being new to the vast majority of specializations in most countries, the approach of academic programs being the subject to accreditation by professional bodies and the expansion of degree granting authority to professional institutions is well-established in Canada. Quality assurance procedures and standards here are multilayered. Apart from professional bodies, the system is also comprised of membership in Universities Canada, provincial governments and organizations, internal policies of universities. The hard evidence of effectiveness of combining academic and professional environment into a single whole is the fact that Canadian academic credentials are recognized internationally as the ones certifying quality. Besides, the approach to higher education quality assurance based on professional bodies acting as the main regulator that performs standard setting and approval function is considered to be the one contributing to equipment students with applied knowledge and skills fulfilling the real needs of the chosen occupation. Consequently, partnership between higher education institutions and professional bodies fully corresponds to the modern trends that are currently dominating in future specialists` professional training.

Professionalizing Prison: Primitive Professionalization and the Administrative Defense of Eastern State Penitentiary, 1829–1879

This article describes the process of “primitive professionalization”—the efforts of a small set of actors to claim professional status before their field has professionalized. Using a case study of Eastern State Penitentiary (1829–1879), I examine the strategies by which one prison's administrators claimed status as professionals—those whose command of a specialized knowledge grants authority within their domain. Eastern's administrators deployed a series of evolving discursive strategies aimed at establishing themselves as professionals long before more formal, field-wide efforts to professionalize criminal justice. These strategies allowed Eastern's administrators to establish their professional status without traditional status markers of national networks, college degrees, or special training, which emerged later. Beyond illustrating a new pathway to professionalization, examining criminal justice professionalization at this early stage illuminates the early prison's precarious position and the internecine warfare among actors competing to control its meaning.

Prisoners Dilemma: Ascertaining and Augmenting the Multinational NIAC Detention Regime

While International Humanitarian Law (IHL) contains a comprehensive framework of rules and procedural protections for detainees in international armed conflicts (IACS), there is a conspicuous absence of such rules and protections for detainees in the case of non-international armed conflicts (NIACS). In fact, as the recent Serdar Mohammad v. Ministry of Defence case pointed out, the rules pertaining to NIACS make no mention of detention authority at all, leading some scholars to conclude that International Human Rights Law (IHRL), and not IHL, governs NIAC detention. Contrarily, this paper contends that not only does IHL govern (as well as grant authority for) NIAC detentions, the regime’s shortcomings regarding procedural safe-guards and treatment standards may be remedied through the application of the Copenhagen Process Principles – as evolutive interpretation or interpretation based on subsequent agreement – to Common Art. 3 of the Geneva Conventions.

THE DETERMINANT FACTORS EFFICACY OF SCHOOL BASED MANAGEMENT (SBM) IN SENIOR HIGH SCHOOL IN ALL OF THE FORMER PATI RESIDENCY

The goal of this research is to verify some theory related to the determinant factors efficacy of School Based Management (SBM). This research used survey research by quantitative approach. The technique of taking sample used quota sampling counted 100 from 106 of Senior High school in all of former Pati residency. Those samples were taken by each area amounting to 400 people. The model of this research used SEM in AMOS program. Therefore the relation of full structural model is fit. The result of the sum of influence eksogen variable to endogen variable, that is teacher professionalism is 22,9%, school organization culture is 23,5%, managerial ability of headmaster is 22%, and participation of school committee is 24%. The fourth determinant variables that most contribute to the successful implementation of school-based management in senior high school in all of the former Pati residency is the school committee's participation amounted to 24%, and the lowest is the managerial ability of headmaster by 22%. This is consistent with the theory that the essence of school-based management is the management of educational institutions oriented to the needs and participation of the community in order to empower the school's independence or through the granting of authority, flexibility, and resources to improve the quality of education.

How PAs became licensed to practice in the United States.

The history of how PAs in the United States were first granted practice authority under the medical practice acts of the various states and territories begins in the 1960s with an imaginative way to circumvent the moratorium on licensure of new healthcare occupations in place at the time, while allowing the requisite flexibility for the new profession to take hold and thrive. In the subsequent decades, separate licensure for PAs was required and adopted. Despite the enormous success of the PA profession over its first 50 years, challenges remain.

Public health surveillance of automated external defibrillators in the USA: protocol for the dynamic automated external defibrillator registry study

IntroductionLay use of automated external defibrillators (AEDs) before the arrival of emergency medical services (EMS) providers on scene increases survival after out-of-hospital cardiac arrest (OHCA). AEDs have been placed in...

Home Rule in an Era of Local Environmental Innovation

As 2016’s national election made clear, striking ideological differences between cities and their surrounding states exist in many parts of the country. One way this divide is manifesting itself is in state governments passing laws with the sole purpose of outlawing particular local conduct. For instance, recent state legislation has prohibited local governments from establishing a minimum wage, from prohibiting the use of plastic bags, and from protecting the rights of transgender individuals to use the bathroom of their identified gender. These state actions do not create substantive law; instead, they merely curtail the grant of authority—known, broadly speaking, as home rule—to municipalities.State override of local action in this way undermines the ability of local governments to address many kinds of harm. Local efforts to combat environmental issues seem particularly vulnerable to obstruction by state legislators. The trouble is, under traditional frameworks of state and local government law, this kind of targeted removal of local authority is likely justifiable. In consequence, legal scholarship on environmental localism has generally conceded failure within the home rule framework and looked only outside it for solutions to this problem. This Article explores whether acceptance of defeat in the face of state prohibitions on particular exercises of local environmental authority is warranted, and whether there is any path forward for local environmental policymaking within the traditional framework. Very generally, I propose that elements of environmental law—namely, state constitutional provisions and the public trust doctrine—may in fact offer a substantive basis for support of local authority in the face of targeted state removals of authority. By making these elements part of the home rule analysis, courts may be able to provide some protection against targeted removals of local authority.

Home Rule in an Era of Local Environmental Innovation

As 2016’s national election made clear, striking ideological differences between cities and their surrounding states exist in many parts of the country. One way this divide is manifesting itself is in state governments passing laws with the sole purpose of outlawing particular local conduct. For instance, recent state legislation has prohibited local governments from establishing a minimum wage, from prohibiting the use of plastic bags, and from protecting the rights of transgender individuals to use the bathroom of their identified gender. These state actions do not create substantive law; instead, they merely curtail the grant of authority—known, broadly speaking, as home rule—to municipalities.State override of local action in this way undermines the ability of local governments to address many kinds of harm. Local efforts to combat environmental issues seem particularly vulnerable to obstruction by state legislators. The trouble is, under traditional frameworks of state and local government law, this kind of targeted removal of local authority is likely justifiable. In consequence, legal scholarship on environmental localism has generally conceded failure within the home rule framework and looked only outside it for solutions to this problem. This Article explores whether acceptance of defeat in the face of state prohibitions on particular exercises of local environmental authority is warranted, and whether there is any path forward for local environmental policymaking within the traditional framework. Very generally, I propose that elements of environmental law—namely, state constitutional provisions and the public trust doctrine—may in fact offer a substantive basis for support of local authority in the face of targeted state removals of authority. By making these elements part of the home rule analysis, courts may be able to provide some protection against targeted removals of local authority.

Et Tu, Android? Regulating Dangerous and Dishonest Robots

Consumer robots like personal digital assistants, automated cars, robot companions, chore-bots, and personal drones raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety, and finances. They also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.This paper argues that the FTC's grant of authority and existing jurisprudence are well-suited for protecting consumers who buy and interact with robots. The FTC has proven to be a capable regulator of communications, organizational procedures, and design, which are the three crucial concepts for safe consumer robots.

A prática do autocuidado por trabalhadores da enfermagem de unidades básicas de saúde

O presente estudo analisa as práticas de autocuidado realizadas pelos trabalhadores de enfermagem que atuam em Unidades Básicas de Saúde, à luz da teoria do autocuidado de Orem. É uma pesquisa qualitativa exploratório-descritiva, que entrevistou 30 trabalhadores de enfermagem, por meio de um roteiro semiestruturado elaborado a partir dos requisitos de autocuidado de Dorothea Elizabeth Orem. A maioria dos participantes trabalha na enfermagem entre 16 e 25 anos, reforçando que o tempo de inserção no trabalho confere propriedade àquele que fala do seu cotidiano. Para discussão dos resultados, emergiram as seguintes categorias: O autocuidado não é prioridade: “o que dá para esperar vai esperando”; O trabalho desgasta o trabalhador: “porque é cansativo!”; Percepção de vida: “Meu trabalho é meu trabalho, e minha vida é minha vida”; É assim que me (des)cuido. Concluiu-se que os trabalhadores de enfermagem não estão priorizando o autocuidado, como também não possuem tempo suficiente para exercê-lo.

English Foundations of US Administrative Law: Four Central Errors

Philip Hamburger posed a provocative challenge to administrative law in the USA, as attested to by the title to the book, which asked whether administrative law was unlawful. His thesis was grounded in English administrative law, as it developed in the seventeenth century and eighteenth centuries, when lawyers in the American colonies would have been familiar with it. It is central to Hamburger’s argument that much of administrative law concerning both rulemaking and adjudication was “extralegal” and was thus regarded by English law during this period. In an earlier article I argued that this thesis was wrong as adjudged by positivist and non-positivist sources alike.Hamburger responded to my article, and took issue with the argument made therein. This article is a response to Hamburger’s latest offering. The flaws in Hamburger’s argument are even clearer now than hitherto, and there are numerous such mistakes. This article will, however, concentrate on four errors that are central to his thesis. First, Hamburger’s thesis rests on the argument that administrative law is extralegal, and hence illegitimate and unlawful. It is the central construct from which all else flows. In my earlier article I contended that there were serious difficulties with his conception of the term extralegal. I was wrong. It is untenable. It will be seen that this is so when judged from the perspective of first principle, and from the perspective of positive law. Hamburger’s project is thus built on an intellectual construct that does not withstand scrutiny. It is a pillar of sand.Secondly, Hamburger’s thesis as to the legitimacy of adjudication and rulemaking by bodies charged with administration in the seventeenth and eighteenth century is wrong. He contends that events such as the demise of Star Chamber and the repeal of the Statute of Proclamations show that administrative adjudication and rulemaking were generally perceived to be extralegal and illegitimate in England at this time. He maintains this fixed view, and is critical of any who differ, repeatedly contending that they have ignored the historical sources. The reality is to the contrary. Hamburger’s fierce insistence that his interpretation of these events is correct is combined with a signal unwillingness to consider whether that interpretation coheres with the evidence. This is a dangerous cocktail, which leads repeatedly to error. His interpretation is not correct. It is irreconcilable in empirical terms with a very great deal of regulatory legislation enacted over two hundred years, in which Parliament continually accorded the administration with powers and duties of a kind that are inconsistent with Hamburger’s thesis. His argument is also incompatible with thousands of cases decided by the courts via judicial review, in which the courts accepted the grant of such authority as lawful, and did not in any way characterize it as extralegal or irregular. Hamburger’s thesis is moreover defective in failing to recognize the clear normative differences between the situations where administrative adjudication and rulemaking were regarded as lawful and those where they were not. Thirdly, the qualifications that Hamburger makes to his own thesis are conceptually incoherent and do not fit with the empirical evidence. Hamburger seeks to qualify his conclusion that administrative law is extralegal and unlawful. His modality for doing so in the context of rulemaking is through definition of legislative and non-legislative rules; while in the context of adjudication it is done through definition of the term judicial. These qualifications are central to Hamburger’s thesis. The meaning of these terms is, however, conceptually incoherent. It is also inconsistent with much empirical evidence, since as will be seen below the legislature frequently accorded the administration power of a kind that Hamburger believes that it did not and should not have had. The fourth error in Hamburger’s thesis is methodological. Hamburger takes my earlier argument to task, contending that it was predicated on some brutish Austinian positivism, which ignored constitutional ideals. This is, as will be seen below, nonsense. It is nonetheless fitting that Hamburger should have raised the issue of methodology, since it will be seen that his own argument is premised on a constitutional methodology that is unsustainable both historically and legally. He seeks to defend a far-reaching argument that an entire body of law is unlawful, while ignoring a very considerable body of evidence in terms of legislation and judicial decisions that is inconsistent with his thesis. His argument is, moreover, premised on an indefensible distinction between ‘constitutional ideals’ on the one hand, and legislation and court decisions on the other, which ignores the normative values that are embodied in the latter.

Who Is a Hospitalʼs “Customer”?

INTRODUCTIONOver the past several years, the Centers for Medicare & Medicaid Services (CMS) has begun incorporating the patient experience in calculating hospital's reimbursement for services rendered (Florence, Atherly, & Thorpe, 2006; Huntington, Covington, Center, Covington, & Manchikanti, 2011). This customer satisfaction element forces hospitals to focus on nonclinical aspects of hospitalization, including customer service techniques common to other service industries, to improve the overall patient experience (Ford & Fottler, 2000; Fottler, Ford, Roberts, Ford, & Spears, 2000; Mazurenko, Zemke, Lefforge, Shoemaker, & Menachemi, 2014). For example, some hospitals offer amenities such as room service, personal concierges, and wellness centers, but these efforts often yield mixed results (Ford & Fottler, 2000; Ramachandran & Cram, 2005). One underlying reason for the lack of success is organizations' failure to identify who the customer is and what is important to that customer.Customer is defined as someone who buys goods or services from (Merriam-Webster's Online Dictionary, n.d.). To date, no uniformly agreed on definition of healthcare customer has emerged, but the previous definition could apply to patient. Popular insurance plan options, such as high-deductible plans and health savings accounts, have led to rapid growth in consumer-driven healthcare, where consumer is generally accepted to mean customer. With the advent of these and other products in the healthcare marketplace, individuals are motivated to shop for providers on the basis of price and quality information that is publicly available, which may be influencing the shift in labeling from patient to customer (Powell & Laufer, 2010).Importantly the use of the term customer has long depended on the person or organization using the term (Bastian, 1998). For instance, healthcare administrators might refer to customers rather than patients when negotiating privileges with physician groups (Boote, Telford, & Cooper, 2002). Administrators might refer to insurance providers as customers, as insurers often influence where patients seek treatment (Telford, Beverley, Cooper, & Boote, 2002).The purpose of this case study was to identify hospital's customers, as viewed by both patients and healthcare team members, and to identify variables that lead to customer satisfaction. The study was conducted at one acute care, for-profit hospital located in the southwestern United States. The study's findings may be of interest to hospital administrators who wish to incorporate customer service techniques to build customer relationships. It also offers method to identify potential customer segments and the attributes those segments deem important to making the decision to do business with the hospital. Ultimately this case study provides framework in which to identify hospital's customers and the best ways to attract and retain them.BACKGROUND?Ils Patient Customer?Webster's Online Dictionary (n.d.) defines patient in the verb form as bearing pains or trials calmly or without complaint and in noun form as a person who receives medical care or treatment. In healthcare, this term often carries connotations of passivity and deference to physicians (Deber, Kraetschmer, Urowitz, & Sharpe, 2005). As result, patient is viewed as an individual who grants authority to the physician, whereby the physician is presumed to be the sole decision maker regarding the services provided.Conversely, customer is defined as someone who buys goods or services from (Webster's Online Dictionary, n.d ), implying that medical services are commodities to be managed in the market. When an individual is customer, he or she purchases services and is fully responsible for checking the quality of the goods before the purchase is made (Brookes & Stodin, 1995). …

Imperial from the Beginning: The Constitution of the Original Executive

Wouldn't it be nice if we could have an American presidency that was not too strong, not too weak, but just right? Saikrishna Bangalore Prakash argues he has found the formula to achieve this ideal in Imperial from the Beginning. Prakash lays out an understanding of the American executive between “those fearful of executive authority,” who require all presidential action to be justified by “specific grants of authority found in Article II, sections 2 and 3,” and “those who celebrate executive decisiveness, secrecy, and energy [who] go to the other extreme,” viewing the vesting clause as a universal grant (pp. 320, 321). Prakash's alternative argument suggests that the founding generation got it right: the vesting clause endows the president with substantial general executive powers qualified by other clauses in Articles I and II. This design creates a “unitary executive” empowered to direct all governmental administrative activity, execute all federal law, and conduct foreign affairs (p. 17). Yet limiting clauses enjoin presidents from waging preemptive war, ignoring parts of statutes thought unconstitutional, wielding extraconstitutional emergency powers, or claiming executive privilege.

Empiricist Fictions, Fictions of Empiricism

Empiricist Fictions, Fictions of Empiricism

Il ruolo delle “università” nella strategia missionaria di Francesco Saverio per il Giappone

In his first descriptions of Japan, Jesuit missionary Francis Xavier highlighted the existence of some institutions that he had identified as “universities,” which he had not been able to find in India. With this word, he actually meant different kinds of organizations, such as the Zen temples of the capital city, Miyako; or the great monastic complexes of mounts Hiei and Kōya; or the famous Confucian academy of Ashikaga, in the north of the country. From Xavier’s point of view, the most important and unifying characteristic of these universities was their ability to grant authority to Christian teachings. In a country politically fragmented by civil war, the Jesuit missionaries could gain status by debating with these institutions’ students, and converting them. In Xavier’s plans, therefore, Japan should have been evangelized by a team of selected missionaries, who had studied the local language and doctrines, and could prove the existence of God to the Japanese scholars.