Major Decisions Research Articles

Hanging and the mandatory death penalty in Africa: the significance of Rajabu v Tanzania

In November 2019, the African Court on Human and Peoples’ Rights in Rajabu v Tanzania issued its first major decision related to the substance of the death penalty. The Court found that Tanzania’s mandatory death penalty violated article 4 of the African Charter on Human and Peoples’ Rights (the right to life), because it constituted an ‘arbitrary’ deprivation of life. This decision accords with case law from other international treaty bodies and judgments of domestic courts. In addition, the Court found that hanging as a method of execution was ‘inherently degrading,’ a notable finding because most retentionist African countries still use hanging. By assessing the mandatory death penalty under article 4 instead of article 7 (right to a fair trial), the Court’s holding has limited applicability to other mandatory sentences, but the author contends that the Court should extend this precedent in the future to mandatory life imprisonment. The most important question that remains open is whether article 4 requires an individualised sentencing hearing in every case, including where persons with mandatory death sentences have already had their sentences commuted to imprisonment terms by the president without an opportunity to present mitigating evidence. Rajabu significantly contributes to the erosion of the death penalty in Africa and is an incremental precursor to total abolition under article 4 of the Charter.

Voter's gratification in using online news and the implications on political landscape in Malaysia

AbstractIn recent years, democratic societies have relied heavily on online news to enlighten the public on current issues in politics. This study investigates voters' gratification in using online news and its implication on the political landscape. This study examined how information seeking, social utility, guidance/judgment, and personal fulfillment drawn from the Uses and Gratification theory, change Malaysians' voting decisions. The survey included a sample of 700 registered voters from the Malaysian Klang Valley. The data were gathered using convenience and purposive sampling using nonprobability sampling technique. Analysis from Partial Least Squares Structural Equation Modeling using SmartPLS 3.0 demonstrated that information seeking, social utility, guidance, and personal fulfillment could positively determine the people's vote choice. Using online news for guidance is the strongest predictor of the people's vote choice. This study provides important implications where the government can capitalize on the effectiveness of online media to reach the public and rationalize major policy decisions. Future research may utilize a longitudinal approach.

Caspian Experience Boosts Performance in Turkey’s Onshore UGS Project

_ This article, written by JPT Technology Editor Chris Carpenter, contains highlights of paper SPE 207011, “Healthy Caspian Experience Helps Boost Drilling Performance in Turkey’s Onshore UGS Project,” by Elchin Akbarli and Rufat Mammadbayli, SPE, SOCAR AQS. The paper has not been peer reviewed. _ In the complete paper, the authors describe an operator’s underground gas storage (UGS) project. The intent of the paper is to demonstrate the execution methodology and technologies that the company used to deliver the work on time and under budget. The authors outline planning, design, and drilling and completion strategies used during the execution phase. The authors add that the company’s experience in Caspian operations was of great benefit to the project. Introduction A plan was developed to expand a UGS facility in a salt cavern field. The main challenge of the project was the requirement to complete all wells within a short time frame with a limited budget while keeping the project economically feasible for the company without compromising safety and environmental protection. Geological risks and uncertainties required additional preliminary considerations, leading to a focus on the best methods available for the drilling and completion of 40 planned wells. A comprehensive cost analysis was performed to evaluate the approach. The operations were divided into three stages: tophole drilling, main drilling, and completion. Different types of rigs, with different capabilities depending upon the range of the work, were assigned for each phase. The plan involved three small truck-mounted mobile rigs to begin tophole drilling and run 30-in. conductor casings to isolate unconsolidated formations and freshwater zones. Then, six main rigs would be mobilized to perform the main stages of drilling; three completion rigs would finalize the project. The company’s Caspian experience applied to several technical aspects of the project, from optimization of drilling activities to planning and execution. The project presented many technical challenges, including geological hazards, deviation control, and strict requirements of well integrity for a long period of time. Rig Specifications for Drilling Stages A major decision point in the planning phase was to select different types of rigs to implement various drilling operations in a staged manner. Initially, 125-ton-capacity truck-mounted rigs began to drill 36-in. tophole sections and run 30-in. casings; then, the task was passed to main drilling rigs with installed 30-in. conductor casing. Top holes were drilled with three low-cost, low-capacity rigs to combat the high potential of lost-circulation problems that could be experienced with high-cost main drilling rigs. In the second stage, main drilling rigs with 225-ton and 300-ton capacity were involved for the next 26- and 17½-in. sections. In the third stage, low-capacity rigs were moved to the well locations to complete wells, either running the last leaching string of 10- and 7-in. casings or underreaming 12-in. to 17½-in. sections before running leaching strings.

해외 의료관광객이 느끼는 통제력이 서비스 만족 및 구전의도에 미치는 영향

Receiving medical services abroad is an event that involves a high level of risk and stress for most people. This study proposes and empirically examines perceived control as a factor that has a potential to reduce the stress associated with overseas medical experience and enhance satisfaction with it. Based on the research findings in environmental psychology, one’s perceived control was divided into cognitive control, behavior control, and decision control. A research model and a set of hypotheses were constructed to investigate the effect of each control on satisfaction and word-of-mouth communications among consumers who had overseas medical service experiences. The data collection was conducted through an online survey of 220 Chinese consumers who had visited Korea as plastic medicine tourists. Satisfaction with their service experience was significantly affected by both behavioral control and decisional control, but not by cognitive control. Thus, Chinese medical tourists prefer to maintain the belief that they are in charge of major decisions associated with the medical procedure, and that the results of the medical procedure will have personally desirable consequences. In addition, satisfaction experienced by Chinese consumers with overseas medical services had a significant impact on their word-of-mouth activities. Based on the research results, a set of academic and practical implications were derived.

Spatial difference of carbon budget and carbon balance zoning based on land use change: a case study of Henan Province, China.

Land use change is one of the key reasons for the rise in global carbon emissions. Incorporating practical methods for carbon governance into the major strategic decisions of countries around the world is important for controlling carbon emissions. This study aims to carry out a regional land use carbon budget assessment and build a carbon balance zoning optimization framework. As a result, China will be better able to implement low-carbon strategies and reach carbon peaking and carbon neutrality. Using the data of land use and energy consumption for Henan Province from 2000 to 2020, a carbon budget assessment system was constructed. According to the analysis of the geographical distribution of carbon budget, an evaluation system was developed and a carbon balance partition was established from the natural, economic, ecological and resource structure. A regionally differentiated development strategy was proposed. The findings revealed that: (1) Land use carbon emissions of Henan Province reflected a significant increasing trend, while the variation in carbon absorption of land use was stable. Carbon emissions increased by 87,120.25×104 t in 2020 compared to 2000, but the carbon absorption remained at approximately 1735×104 t over the years and there was an overall state of carbon deficit. (2) The geographical distribution of carbon emissions in Henan Province was characterized by higher in the central part and lower in the surroundings, and the distribution of carbon absorption was higher in the west and lower in the east. The distribution pattern was closely related to the level of land use and the structure of energy consumption. (3) From the carbon balance analysis, the 158 counties in Henan Province were divided into four carbon balance functional areas, namely the carbon sink functional area, low-carbon development area, carbon intensity control area, and high-carbon optimization area. Different optimized development strategies were proposed for each functional area.

Evaluation of Parental Perspectives and Concerns about Pediatric Cochlear Implantation: A Social Media Analysis.

Parents often experience uncertainty during decision-making for their child's cochlear implantation (CI) surgery, and online forums provide insight on parental opinions that might not be expressed in clinic. This study aims to evaluate parental perspectives and concerns about pediatric CI using social media analysis. Qualitative study. Three online forums involving parental posts about pediatric CI. Forums were queried using keywords (e.g., "cochlear implant") to gather all U.S. parent-initiated posts about pediatric CI from 2006 to 2021. Thematic content analysis was performed to classify posts by overarching domain, themes, and subthemes. Posts were reviewed for thematic synthesis and double coded. Descriptive statistics were calculated for each theme by unique users. A total of 79 posts by 41 unique users were analyzed. Themes relating to decision for CI included facilitators, inhibitors, resources, and feelings. Parents posted about lack of benefit from hearing aids promoting decision for CI and high cost as an inhibitor. Some expressed concern about making a major decision for a minor. Parents often mentioned their child's healthcare providers and social media as resources. Through social media posts, parental priorities and concerns for decision-making of CI surgery were identified. Findings may guide discussions between physicians and parents and facilitate shared decision-making about CI.

Legal Parameters of the Employer's Duty to Consult

Significant workplace change requires consultation, and standard consultation obligations exist under legislation and statutory instruments. However, those provisions offer minimal guidance on how to approach consultation. The consultation cases tend to focus on compliance, adding little beyond saying consultation needs to be meaningful. Building on the foundation laid by the 2021 decision in Construction, Forestry, Maritime, Mining and Energy Union v Mt Arthur Coal Pty Ltd, this article considers what the parameters of the obligation to consult might — or should — be. It shows that there is an over emphasis in the authorities on timing, as a compliance trigger, rather than the substance of the obligation, and major decisions continue to show the obligation is poorly understood. It argues that clear parameters are needed on how to implement the duty to consult, and that these parameters need to come from statute or clear authority of the courts. Without restricting the inherent flexibility that is needed for consultation to work, or impeding the employer’s prerogative to make decisions, it asserts that there is a need for a deeper legal underpinning, and more active obligations, to shift the concept away from the conflictual paradigm of consultation being ‘triggered’ towards a more collaborative and productive approach.

The Superstitious Heuristic in Strategic Decision Making

This study focuses on the phenomenon of using superstition as a decision heuristic in strategic decision-making. We introduce the construct of superstitious heuristic, which is defined as a decision shortcut based on superstitious beliefs. The superstitious heuristic is commonly used in strategic decision-making in various cultures and can lead to seemingly puzzling decisions that have strategic consequences for the firm. It is also distinctly different from other major decision heuristics (i.e., heuristics-and-biases, fast-and-frugal heuristics, expert intuition, and simple rules) and can be used over the latter, especially under high uncertainty. Nevertheless, this heuristic type has not yet received much attention in the strategy literature, presumably because its usage in strategic decision-making is less prevalent in Western contexts where most heuristics research takes place. In this study, we initiate an inquiry into this phenomenon through two objectives: (1) introducing the construct of superstitious heuristic with conceptualization and measurement and (2) probing the executive antecedents to the superstitious heuristic. Our study not only brings the superstitious heuristic to the attention of strategy scholars but also lays the conceptual and empirical foundation for advancing strategy research on this heuristic. By delineating the profile of executives who are prone to employing this heuristic in making strategic choices, our study also contributes to upper echelons research on the use of heuristics in strategic decision processes.

Reflections on Constitutional Adjudication in a Democracy

AbstractThis article examines the necessity for constitutional adjudication in a democracy. Democracy is not the government of the minority by the majority, but self-government of the people in a pluralist society. The article regards constitutional adjudication as a necessary component of a constitutional democracy to preserve self-government and individual rights as a pre-condition for the acceptance of majority decisions by the minority. Thus, constitutional adjudication is needed to uphold the possibility of democratic change and to protect individual rights also against the majority. Recent critique of individual decisions does not change this basic insight and practice of constitutional democracies.

Personales Selbsterleben, Wissen-wie-es-ist und Intersubjektivität: Eine kritische Betrachtung von L. A. Pauls Konzeption der ,lived experience‘

In her recently published monography Transformative Experience L.A. Paul has defended a concept of ‘lived experience’ that is meant to account for the transformative effects of major life decisions. According to Paul, “humans vary so much and so deeply, that even small differences (contextually speaking) in experiences between people can prevent us from knowing what it is like to be a different type of person” (Paul 2014, 7). In this article I will argue that Paul's account results from a problematic conception of lived experience that cannot account for the intersubjective dimensions of personal experience, i.e. for the fact that our lived experience is intrinsically tied to our relationships with others. These, however, are of central import to our ethical practice, e. g. in raising awareness for the particular experiences and needs of others. After providing some introductory remarks concerning the concept of ‘lived experience’ in section I, the aim of section II is to critically investigate Paul's conception of ‘lived experience’ and to show that her approach not only rests on highly contestable assumptions but yields several unplausible consequences. Given these problems, I will suggest an alternative account of lived experience in section III. I will argue that mental phenomena like pain, sadness or desperation have characteristic manifestations in linguistic and non-linguistic behaviour which are part of the concept of a particular mental phenomenon. It is due to this that we possess intersubjective criteria that enable us to ascribe mental properties to ourselves as well as to others. The alternative account can thereby avoid the problems that are concomitant with Paul's approach. It can nevertheless take into account the distinct perspective of first person ‘lived experiences’.

293 Advance Care Planning in older persons mental health, insights from interdisciplinary healthcare professionals

Abstract Background Later life can be time where older persons face increasing health challenges and major decisions relating to future care. ‘Advance Care Planning’ (ACP) refers to a process of discussion and reflection about a person’s values, goals, and preferences for future care in case they lose the capacity to make decisions and communicate these in the future. The aim of this three-stage action research study is to collaboratively explore the perceptions and understanding of interdisciplinary team members and attendees of Mental Health Services for Older Persons (MHSOP) and their family carers in relation to ACP and to identify ways of improving decision-making practice considering the newly commenced Assisted Decision-Making (Capacity) Act (2015). Methods This presentation focuses on findings from stage one, which involved a survey administered via survey monkey, 3 focus groups and a feedback session with 22 interdisciplinary team members of a MHSOP from the fields of nursing, occupational therapy, psychology, psychiatry, and social work. Results Whilst there is already a culture of facilitating ACP with service users and their family carers within the MHSOP, however this is not routine practice. While clinicians largely recognised the value of ACP, 95% reported a lack of education, 52% a lack of knowledge of ACP tools, and limited experience in engaging with service users (53%) and family carers (47%). Identified barriers to engagement included lack of allocated time, clinician’s confidence, capacity issues and ‘a dedicated pathway across services with joined up conversation’. Conclusion Interdisciplinary professionals overwhelmingly recognised the importance of ACP with service users and family carers, and the positive impact ACP can have on end-of-life care. All indicated an eagerness for additional ACP guidelines and skills training for MHSOP staff.

Advancing Legal Research on Gender Diversity in Chinese Corporate Leadership

At present, with the development of economic globalization, in order to create a better business environment and improve the efficiency of enterprises, the optimization of the gender structure of enterprise leaders has increasingly become our new focus of attention. The leadership composition of Chinese enterprises, whether state-owned or private, is still predominantly male, with significantly fewer female leaders than male. With relatively balanced education levels, women still seem to be excluded from the core power of management for some implicit reasons, making it difficult for them to participate in major decisions in an equal capacity. The purpose of this paper is to analyze the obstacles to women's access to leadership positions in enterprises and to propose legal regulation ideas for gender equality in China's workplace and the optimization of the gender structure of corporate leadership.

Analysis on Text Mining in Stock Market Applications

Stocks are a financial product with high risk but high reward and flexible trading that many investors prefer. If an investor can accurately predict the price of a stock, he or she will be rewarded handsomely. Stock prices, on the other hand, are influenced by a variety of factors, including macroeconomic conditions, market conditions, major socioeconomic events, investor preferences, and company business decisions. As a result, stock price forecasting has become the focus and difficulty of research in a variety of fields. Stock price prediction entails gathering news and commentaries, analyzing historical data, and determining the impact of news events on investor sentiment and stock price trends. The purpose of this paper is to provide an introduction to the application of text mining in the stock market, including commonly used text mining and prediction models, as well as to highlight problems in the field and suggest some future directions for improvement or research. Finally, many unresolved issues are raised in order to contribute to future research in this area.

Decision-making and Utility Theory

Decision-making is a process that would affect people's lives from simple daily decisions even to major life decisions. The understanding of judgment is critical for making better decisions as well as improving individual and collective outcomes. This paper would focus on historical decision theory, utility theory, prospective theory, and their applications in real life. The utility theory of the decision-making theory is a crucial part of the decision-making theories, as well as the prospect theory in the later paper. According to prospect theory and utility theory, people would make decisions based on the relative importance of the options' predicted values, and biases and heuristics would influence their choices. Both theories have applications in many fields such as economics, psychology, and medicine. They are used to form models and predict consumer behavior or financial decisions. Peoples lives are strongly associated with different decision makings, from simple to complex. The decision-making process is essential to human existence and fully connect to humans. By figuring out the decision-making processes, people can identify the factors that would influence the choices and make adjustments based on them. The application of the theories could be more practical. Thus, it is crucial to analyze or quantify it for more stable and reasonable choice-making.

A study on the differences in the perceived importance of jet fighter performance improvement factors

The rapid advancement in software-based technology has significantly shortened product life cycles, leading to the proliferation of new products. However, the high initial investment makes it practically impossible for armed forces to rapidly replace existing weapons systems with new ones due to technological obsolescence. A more realistic alternative is to focus on performance improvements (or weapon upgrades) in existing systems. The challenge lies in making the right upgrades with the right technology at the right cost and time given the limited defense budget. Unfortunately, weapons upgrade decisions have mostly been based on costs and politically considered budget allocations to different branches of the armed forces rather than by considering a comprehensive range of decision factors. In light of the escalating national security threats, it is necessary to maximize the cost-effectiveness of weapons upgrade projects and effectively address rising national security challenges. The objective of this study is to develop a performance improvement Decision Index that quantifies the opinions of field-operating experts. Field experts are believed to possess the necessary expertise to select the appropriate fighter types, technologies, and upgrade timings, making it beneficial to factor in their opinions to determine what, how, and when to upgrade. Specifically, this study aims to establish weighted values for major decision factors regarding fighter performance improvement programs in the Republic of Korea Air Force. To achieve this, we collected survey data from 134 active-duty pilots and maintenance, operations, and repair (MRO) personnel from major fighter wings of the Republic of Korea Air Force and analyzed the data using the Fuzzy-AHP (Analytical Hierarchy Process). The analysis results indicate that the highest weighted value is given to the “relative (fighter) performance”against hostile nations, followed by “operating rate,” “durability,” “performance improvement cycle,” and “budget.” Furthermore, this study identified perceptual differences among field experts—particularly between pilots and MRO personnel—regarding the importance of relative performance, budget, performance improvement intervals, and operating rates of different fighter types. The proposed performance improvement index aims to provide a quantitative tool that incorporates field experts’ opinions into the decision-making process to upgrade weapons, facilitating balanced decisions and departing from a policymaker-centered approach. This balanced approach to weapons upgrade decisions will contribute to maximizing cost-effectiveness and, eventually, enhancing combat readiness.

An Overview of Children’s Participation in Shared Decision-making in Healthcare Settings

Paediatric settings use shared decision-making, which is also known as the pinnacle of patient-centred care. Nevertheless, implementing shared decision-making is relatively challenging as it involves the triad constellation interaction (communication between parents, children and healthcare professionals). This article provided an overview of previous studies related to children’s involvement levels in health care decisions and the perception of children, healthcare professionals, and parents of children’s participation in shared decision-making. It was concluded that children were engaged minimally in decision-making and most children were involved in minor decisions instead of major decisions. Furthermore, there was a diverse participation pattern, which varied in the same child based on the circumstances.

THE LONG PATH FORWARD FOR STUDENT LOAN FORGIVENESS

Less than a year after the Biden administration proposed forgiving up to $10,000 in federal student loan debt for most borrowers, the Supreme Court ruled the policy unconstitutional. At the core of the case was whether the HEROES Act of 2003 granted the Secretary of Education the authority to “waive or modify” federal student loan terms, up to and including forgiving those loans. The Court ruled in a 6-3 decision that broad forgiveness was beyond the scope of what Congress intended when passing the HEROES Act, further arguing in the majority decision that policies with such a large economic and political impact should be decided through Congress, and not executive action. In the wake of that decision, the Biden administration has shifted policy toward improving the borrowing process as well as the repayment process. Political attention has focused on repayment (from the Biden administration’s attempts at loan forgiveness to Republican-sponsored legislation proposing new repayment structures) but must also turn to reforming how students decide whether and how much to borrow to ensure future students do not face unmanageable student loan debt.

Majority rule can help solve difficult tasks even when confident members opt out to serve individual interests

When sharing a common goal, confident and competent members are often motivated to contribute to the group, boosting its decision performance. However, it is unclear whether this process remains effective when members can opt in or out of group decisions and prioritize individual interests. Our laboratory experiment (n = 63) and cognitive modeling showed that at the individual level, confidence, competence, and a preference for risk motivated participants’ opt-out decisions. We then analyzed the group-level accuracy of majority decisions by creating many virtual groups of 25 members resampled from the 63 participants in the experiment. Whereas the majority decisions by voters who preferred to participate in group decision making were inferior to individual decisions by loners who opted out in an easy task, this was reversed in a difficult task. Bootstrap-simulation analyses decomposed these outcomes into the effects of a decrease in group size and a decrease in voters’ accuracy accruing from the opt-in/out mechanism, demonstrating how these effects interacted with task difficulty. Our results suggest that the majority rule still works to tackle challenging problems even when individual interests are emphasized over collective performance, playing a functional as well as a democratic role in consensus decision making under uncertainty.

Pentingnya Penerapan Strategik Manajemen Di Rumah Sakit: Kajian Teoritis

Hospital service institutions should understand how appropriate strategic management is to make their business stronger. This is important so that the process of making every decision is in accordance with the hospital's vision and mission. Strategic management provides overall direction for a company and is closely related to the field of organizational behavior. Current strategic management must provide a basic foundation or guideline for decision making within an agency. The aim of this theoretical study is to find out how important strategic management is in hospitals. The research method used is descriptive theoretical study, namely a method that discusses several possibilities for solving actual problems by collecting data, compiling or classifying it, analyzing and interpreting it with existing theories and comparing it from literature sources. The results of the study show that the importance of strategic management in hospitals is to design basic finances, plan forecasts, plan external strategies, and strategic management in hospital marketing. It can be concluded that strategic management requires leadership skills that are able to make major decisions, overcome existing obstacles or problems, and take full advantage of opportunities. In Hospital Agencies, strategic management is carried out continuously, meaning it is sustainable by evaluating and also controlling internal business, conducting competitor analysis, and establishing strategies to be able to compete with other hospitals and have excellent programs that can improve service quality and patient satisfaction. For hospital agencies, it should be able to be applied by all management and service parties so that they can face competition and show the excellence of the hospital and improve service quality.

The Work of (Dis)figuration in John Williams’s Stoner

Abstract: This essay on John Williams’s neglected 1965 novel Stoner investigates its treatment of agency and its tension between realism and naturalism. The novel develops a sustained conversation with Faulkner’s Light in August, from which Williams draws a constellation of tropes linked to Stoner’s agency: his major life decisions are driven by misreadings of figure. The essay traces major formal features of the novel’s representation of agency: the rehearsal of images from Light in August and Shakespeare’s sonnet 73; repetition of key figures, including the mask and its related trope of prosopopoeia; the spatialization of time through the linear images of the circle and line; and the engagement of multiple elements of the uncanny, to include the interrogation of language itself. Derrida’s critique of the structure of the decision illuminates both the problem of Stoner’s agency and the novel’s dramatization of the connection between the decision, the secret, and the spectral.