Private Parties Research Articles

Cheating the evidence to get to best interest and the presumption of unfitness

AbstractThis article explores our national reactive child protection model which has focused on removing poor people from poor families and has resulted in conflating poverty with neglect. Significant issues of class and race are implicated given dramatic systemic racial and ethnic disparities and questions must be asked whether current practices have done more harm than good. In reviewing this landscape this article is descriptive and prescriptive and calls for adopting proactive public health‐oriented policies which support children and families in their homes and a culture of due process and fairness in juvenile and family court hearings involving children and their families. Dependency or abuse and neglect cases involve state intervention. These are not disputes between private parties where the sole focus is the best interest of the child regarding which guardian to be placed with. Cheating the Evidence warns against diluting the constitutional requirement of proving the lack of parental unfitness by clear and convincing evidence by making comparative judgments about placement which are based on often subjective assessments on best interests of the child which are resource based. Given that high percentage of cases involving allegations of neglect versus inflicted abuse these concerns are of paramount importance. There is a need for more rigor in fact‐finding and adherence to constitutionally required burdens of proof. Due process and fairness are best‐served by supporting client‐directed advocacy and greater transparency, including presumptively opening up the doors to closed juvenile and family court hearings as recommended by the National Council of Juvenile and Family Court Judges in 2005. Opening the doors is not a binary or either or proposition‐ we can preclude dissemination of records of youth, and protect confidentiality as a growing number of states have done. Transparency includes more than raising the level of practice of lawyers and judges‐ it includes encouraging systemic accountability from child serving agencies and educating the public about the complexities which are related to the birth or cradle to prison pipeline.

Co-Financing the Investment Projects in the field of Public Space Transformation

Introduction. It has become a modern trend to improve the quality of the urban environment using a public-private partnership (PPP) mechanism. By finding a balance between the interests of business and the state on the issues of infrastructure renovation, it is possible to boost the investment processes. Therefore, the PPP as a catalyst for the regional, innovative and social development has been studied in the scientific literature since long ago. Although, many authors recognise the prospects of the PPP efficiency, they still note the need to regularly revise the state support methods and tools, i.e. the existing system of measures requires improvement over time. Special attention has been paid to the models of financing the PPP projects and the ways of investment return. However, the PPP development potential in creation (reconstruction) of the park infrastructure has not been duly revealed yet.Materials and Methods. During the research on identification of the features of the park complex transformation projects reconstructed in the frame of a concession business model, the projects were grouped according to the similarity of features. Then, by comparative analysis method, the problems of full recovery of the investment costs were identified in the selected projects. A hypothesis about the need of using the government budget co-financing for the certain concession agreements targeted at solving the various environmental, educational and awareness-raising issues was put forward.Results. The national practices of transformation of the public spaces, such as parks and park infrastructure, have shown that the most optimal form of the PPP is a concession. The investor uses his funds at the design and construction stages of the creation (reconstruction) of the park complexes. At the stage of facility operation, a private party recovers its costs by collecting fees directly from the consumers. It is important that the expected project profitability should be within 15–25%. Due to the changes in the monetary policy, such profitability at the current key rate is hardly ever possible if the park infrastructure includes a variety of capital-intensive buildings and structures designated not so much for commercial but for social purposes. There arise the risks of receiving less income than expected. Therefore, for such projects, it is necessary to develop the measures expanding the ways of investment return. If a park has a complex infrastructure, which includes the large stadiums, museums, cultural and educational centres, i.e. facilities that are difficult to predict as having a high demand and, thus, not expedient for setting the high fees, it is advisable to combine the direct payment for services with the government budget co-financing. Co-financing is implemented through payment of a capital or operational grants. The variants of a grant can be considered depending on the areas of the park activities (educational, cultural, sport). The operational grant is due to reimburse the operational costs on maintaining the special facilities: adjacent embankments, lighthouses, memorials, etc. For the parks that include the indoor pools, large stadiums, museums, concert halls, it is relevant to use the capital grants to return the investments made into these facilities.Discussion and Conclusion. In the current conditions, the public-private partnership is considered as an alternative to government budget investment into the infrastructure facilities. The transformation of the urban public spaces is also involved in this trend, and there are already positive results achieved. A private party, through investing its own capital, gets the opportunity to operate the created object to recoup its investments. But some projects are difficult in this sense, therefore the interest of the business companies to participate in the improvement of the urban environment quality reduces. In the context of the tight monetary policy, the additional state budgetary measures are needed to stimulate private investments.

ЭКОНОМИЧЕСКОЕ СОТРУДНИЧЕСТВО ГОСУДАРСТВА И ЧАСТНОГО БИЗНЕСА СЕВЕРО-ЗАПАДНОГО РЕГИОНА: АНАЛИЗ ОПЫТА

In modern Russia, there are many projects in which the state side and the private side interact with each other. The article is devoted to the economic cooperation of these two parties: The relevance of the topic lies in the fact that this interaction between the state and business benefits all parties to the agreements, as well as has a significant social effect on the population. The authors conclude that concession agreements are mainly used in the northwestern region, since they are more beneficial to the state, since ownership passes to it after the construction or modernization of the facility. Although in a public-private partnership, the risks are distributed mainly to a private person, since the object of the agreement remains owned by the business. In any case, the private party will profit from the implementation of this project.

The False Marking Gold Rush: A Case Study of the Private Enforcement of Public Laws

Abstract Federal law prohibits deceiving the public by falsely marking an item as patented. The “false marking” prohibition has been enforced primarily by private lawsuits on behalf of the United States, with the party plaintiff and the government splitting the penalty. When a court decision dramatically increased the potential recovery for false marking claims, lawyers pounced immediately, filing more cases per week than had previously been filed in years. Indeed, many lawyers who did not previously work on patent cases joined the fray. Within two years, Congress eliminated this type of false marking suit and terminated all pending cases. Using empirical data, interviews with lawyers, legislative history, litigation documents, and news sources, this article tells the instructive history of false marking litigation. This history shows that the supply of private enforcement—lawsuits by private parties to enforce laws in the public interest—is sensitive to market forces. It also shows that, even when concentrated interests encourage Congress to cut back on private enforcement, Congress does not move as quickly as the bar. This matters because once Congress authorizes private enforcement, the maintenance of that system depends on judges and lawyers interpreting private enforcement statutes.

Individual, firearm, and purchasing characteristics associated with risk of firearm-related violent crime arrest: a nested case-control study

BackgroundFirearm purchasing records offer a potentially important administrative data source to identify individuals at elevated risk of perpetrating firearm violence. In this study, we describe individual, firearm, and transaction characteristics of purchasers in California who were arrested for a firearm-related violent crime (FRV) as compared to the general population of registered purchasers in the state.MethodsRelying on a dataset of all individuals with transaction records in California (1996–2021), linked to criminal records (1980–2021), we enrolled a cohort of individuals for whom we could capture the legal firearm purchase history. We identified those arrested for FRV post purchase, and using incidence density sampling, gender-matched cases to ten purchasers (controls) who remained “at risk” at the time the case was arrested. We focused on the purchase closest in time prior to the arrest (“index” purchase). We implemented conditional logistic regression and included models with controls for individual- and community-level demographics, as well as interactions between firearm and purchasing characteristics and criminal history.ResultsThe cohort included 1,212,144 individuals, of whom 6153 were arrested for FRV (0.5%). Cases were matched to 61,530 controls to form the study sample. The largest risk factor was a prior criminal history: purchasers had 5.84 times the risk of FRV if they had a prior arrest within three years of the index purchase (CI 5.44–6.27). Several transaction and firearm characteristics were also associated with FRV. For example, risk increased if the firearm was redeemed at a pawn shop (aIRR: 1.37, CI 1.05–1.77) and decreased if the transaction was a registered private party transfer (vs. retail purchase) (aIRR: 0.83, CI 0.76–0.90) or the firearm was a bolt action firearm (vs. semi-automatic) (aIRR: 0.64, CI 0.51–0.79). In the interaction models, most of the purchase and firearm features only remained significant among those with no criminal history.ConclusionsGiven limited data on firearm transactions, there has been little research on whether the type of firearm an individual purchases or the nature of the purchase might serve as indicators of risk for FRV. We found several transaction and firearm features were associated with risk of FRV. Notably, these features provided little evidence of additional risk for those with a prior criminal record.

Optimalisasi Program Pelayanan Sosial untuk Remaja: Studi pada Dinas Sosial PPPA Kabupaten Nganjuk

Teenagers who drop out of school or are neglected are a social problem whose impact can be felt by the individuals themselves and also society. In an effort to reduce teenagers who drop out of school or are neglected, cooperation from various government and private parties is needed. One of them is a social service program which aims to ensure that they continue to receive education outside of school and receive guidance. One way to respond to this is that the Indonesian government has made strategic efforts through the Ministry of Social Affairs of the Republic of Indonesia to establish a social welfare management program for social services throughout Indonesia, especially in East Java social services by forming a UPT which has a coaching program for teenagers who have dropped out of school. namely UPT PSBR. The background of this research is to describe the effectiveness of the youth development social service program which is a program of the East Java Provincial Social Service down to the UPT PSBR and followed by the Nganjuk Regency PPPA Social Service in dealing with teenagers who have dropped out of school. Seeing how the PPPA Social Service in Nganjuk district handles and empowers children who are neglected or have dropped out of school through this program. This type of research is qualitative. This research aims to describe the condition of facts in the field using analysis based on certain data (information). There are 3 methods used for data collection, namely interviews, documentation and field observations. The results of this research show that this program is beneficial and effective for teenagers who have dropped out of school as evidenced by the accuracy of targeting in selecting participants, achieving the set goals, monitoring the program which is beneficial for graduates assisted by PSBR. However, there are still other problems such as the public's lack of knowledge about the PSBR program, this is because the socialization is still carried out using simple methods.

LIMITES À AUTONOMIA DA VONTADE NAS RELAÇÕES DE CONSUMO

This article aims to analyze, through a historical review following the era of absolutism, the consequences of the unrestricted application of the principle of autonomy of will by private parties in market relations. The chosen methodology includes the deductive method, as well as a review of relevant literature and legislation. Initially, it is necessary to contextualize the traditional Western view of the principle of autonomy of will and the results of its full application in pure private law; subsequently, the transformation from pure private law to social private law is examined; finally, the constitutional and infra-constitutional regulation of consumer relations within the Brazilian legal system is addressed as a way of imposing limits on the misuse of the autonomy of will.

Managing barriers to resource allocation for the rehabilitation services in Pakistan: a review article

The rehabilitation services including physical therapy, occupational therapy, speech and language therapy is an essential part of the healthcare system, which is required to enhance patients' quality of life. These services need a streamlined support system, which is required from the funding sources that significantly impact the efficacy. The accessibility, affordability, and quality of healthcare services are significantly influenced by healthcare finance and its utilization, which involves revenue generation and reimbursement processes to budgetary supervision and allocation of resources. Effective resource allocation is made possible by sound financial management, which minimizes undue usage and maximizes the use of existing resources in underfunded healthcare systems like Pakistan, where there is a greater need for funds for rehabilitation. Despite their value in the budget, rehabilitation services frequently receive a smaller portion of the healthcare budget. There is a need to focus on several funding sources, such as commercial insurance plans, public sector grants, out-of-pocket costs for patients and families, and the functions of foreign aid and charitable donations. The possible ways can be increasing insurance coverage for rehabilitation services, increasing public sector investment and encouraging increased cooperation between public and private sector parties. Ultimately, the healthcare system and the rehabilitative services can be improved for future prevention of disability and evidence-based health policies that maximize available resources and high-quality healthcare. This review offers a thorough analysis of and describes the current state of rehabilitation financing in Pakistan. In addition, it also provides considerable evaluation of barriers and suggested solutions in managing the finances required for running a viable rehabilitation system. Keywords: Budgets; Funds; Funding Resources; Finance; Healthcare System; Hospitals; Patients; Rehabilitation Citation: Waheed A, Shah S, Mahmood T. Managing barriers to resource allocation for the rehabilitation services in Pakistan: a review article. Anaesth. pain intensive care 2024;28(4):776−782; DOI: 10.35975/apic.v28i4.2528 Received: July 08, 2024; Reviewed: July 12, 2024; Accepted: July 26, 2024

Pendampingan Wirausaha Start-Up Animasi Berbasis Jasa

Over the past year, there have been developments in Indonesia’s creative industry, the animation subsector, both in providing services and producing IP independently. Although the animation sector industry researchers are presented with an effective and efficient animation industry model from ideation to distribution, the model is still difficult to use in Indonesia because of existing limitations so that they are still dependent on government funding. Whereas for the last 65 years there is still no real role that has been done by the Indonesian government to help the growth sector of this sector. So this raises the question of what other things can we do as private parties in developing IP by not relying on funding by the government? Animation, especially in IP production, ia a business with enormous prospects for its impact on the recovery, growth, and development of the Indonesian economy. There are author who have thought about methods that can be carried out or used in efforts to manage this sector. In an effort to realize the things that are dreams of creative industry business actors will be briefly discussed through this critical literature review.

주택임대차보호법상 법적 쟁점과 개선 방안에 대한 소고

While a lease contract is a civil relationship between private parties, the importance of residential stability, the unique characteristics of the domestic housing market, and the protection of tenants necessitate state intervention based on the special law of the Civil Code, the Housing Lease Protection Act. The original Housing Lease Protection Act was primarily focused on protecting the lease deposit, considering the social conditions at the time of its enactment. However, it has been gradually amended to stabilize the housing market and preserve the foundation of the national economy. Recently, the law has evolved to include the introduction of the right to request contract renewal and the regulation of rent increase limits. Nevertheless, during this process, issues of fairness have continuously arisen, particularly concerning whether reasonable protection is provided to both parties of the lease contract, the tenant and the landlord. There is ongoing debate about whether the emphasis on tenant protection infringes on the landlord’s fundamental property rights. Additionally, the achievement of the Housing Lease Protection Act’s fundamental objective of ensuring the stability of the tenant’s living environment remains uncertain, and there are concerns that landlords’ rights are ambiguously restricted. This underscores the need for review and reassessment. One of the main amendments to the Housing Lease Protection Act is the extension of the lease contract duration due to the tenant’s right to request renewal. While this aims to provide stability to the tenant’s living situation in the short term, it is questionable whether it benefits tenants in the long term, especially when considered alongside other tenant protection measures such as the rent cap system. Moreover, the ambiguity surrounding the landlord’s right to refuse renewal based on “actual residence” does not enhance legal stability for either party. Therefore, it is crucial to establish clear and specific standards.

Road Traffic Enforcement: Using Technology Through Public-Private Partnerships (PPP)

The past two decades have seen a wide - ranging wave of privatizations in formerly government owned or - controlled activities. A government task or service which is funded and operated through a partnership between a public sector authority and private sector company based on guidelines and performance standards set by a public party is typically referred to as a Public Private Partnership (PPP). In most countries traffic enforcement cameras and other equipment are purchased, owned, and operated by government organisations. Back - offices, where violation data are processed, citations issued, and traffic fines collected, have traditionally been government - run activities. In a PPP model, a private party invests and installs enforcement equipment (e. g. speed or red - light cameras) and conducts back office processing, such as sending out violation notices and managing and confirming fine collection. The investment in equipment and related processing and support activities are funded by fine revenues collected from the motoring public over the contract term. Gaining public support, and ultimately acceptance, for the PPP model is crucial, which is why transparency, publicity and continuous communication are key factors for successful and sustainable implementation. Full service PPPs are often organised on a municipal level in close consultation with the local administration and police. Due to the high initial investment and gradual repayment, such PPPs are typically based on longer term contracts. Moreover, the regulatory environment may require some changes to allow involvement of a private party. One process that is difficult to outsource is the formal confirmation of a violation by a review of the photo or video evidence. Generally, this can only be validly performed by an authorised government official, such as a police officer. Depending on laws and regulations applicable to specific jurisdictions, there could be more issues that may limit the extent of the private party’s involvement in these PPPs. When properly implemented, PPP’s in traffic enforcement can considerably contribute to the reduction of casualties, injuries and crashes, as well as improve traffic flow, and increase quality of life with more safety, lower emissions and less noise pollution. Speed reduction also significantly benefits the safety of vulnerable road users such as pedestrians, and two - wheelers Personal injury and death on roadways also have a significant impact on the economy through medical costs, lost resources and wages and disability pay outs. These costs are significant and are estimated by the WHO to amount to an average of around 3% of a country’s GNP. This figure rises to 5% in some low - and middle - income countries

Private Partner Prioritization for Public–Private Partnership Contracts in a Brazilian Water Company Using a Multi-Criteria Decision Aid Method

Public–private partnerships (PPPs) are long-term contracts between government entities and private companies, and are increasingly being adopted in developing countries due to the large need for investments in sectors such as water and sewerage and also in order to benefit from the experience and to have access to the resources and technology of the private sector. Prioritizing the private party of the contract becomes a complex decision due to the characteristics of PPP contracts, and a standard of evaluation has not been adopted yet, the decision usually being made by evaluating the price. Thus, this research aims to propose a set of criteria to be incorporated into the decision problem that involves technical aspects. It then seeks to rank alternatives by using a multi-criteria decision aid method, FITradeoff, which supports the decision-maker (DM) in prioritization and provides transparency and security to the process.

Resilient Traditions, Modern Realities

This study explores the political economy of Minangkabau, a culturally rich and the world�s largest matrilineal community. The research focuses on understanding the power dynamics between men and women by conducting a gender analysis. The findings reveal that Minangkabau women hold a unique and privileged societal position. Traditionally, societal expectations allocate more roles and responsibilities to men, particularly in economic and political domains. Contemporarily, the special rights held by women have faded and been replaced by dominant male gender roles. Some gender roles have begun to disappear, such as the role of Bundo kanduang, mamak and tigo tungku sajarangan. In accessing economic resources, Minangkabau women experience challenges from men, private parties, and the government. These ignore the role of women as the legitimate owners of inherited property in Minangkabau land. Meanwhile, Minangkabau women have difficulty competing with men within systems that tend to be biased for political resources. In addition, Minangkabau women increasingly participate in productive work, demonstrating their ability to compete with men in the labor market. Despite these advancements, the study highlights a challenge for Minangkabau women. Keywords: Matrilineal, Gender, Political Economy, Gender Roles, Resources, Gender Division of Labor

Cluster-based anonymity model and algorithm for 1:1 dataset with a single sensitive attribute using machine learning technique

Privacy is a significant issue that requires consideration in all applications. Data collected from various individuals and organizations must be disclosed to the public or private parties for analysis and research purposes. The collected data are studied and analyzed digitally for the extraction of various useful patterns for decision-making research purposes. Privacy-preserving data publishing is significant as privacy violations in the patient’s data may have an adverse effect on the individual positive reputation. An efficient Cluster Based anonymity model has been proposed to anonymizes the 1:1 dataset with a single sensitive attribute through the introduction of a concept named “Semi-sensitive attribute.” Based on correlation, the attributes are categorized as quasi-identifier and semi-sensitive attributes. The k-anonymity is implemented on the quasi-identifier with the semi-sensitive attribute table and Fuzzy c-means clustering has been implemented to fix a range of values for anonymizing the semi-sensitive attributes. The disease is considered a sensitive attribute as the research work focuses on the medical dataset. The proposed model is demonstrated to resist the three privacy attacks such as, i)Identity Disclosure, ii) Attribute Disclosure, and iii) Membership Disclosure. The utility loss is calculated for each row and utility loss of each record are aggregated and considered as the total information loss for each attribute. Cluster Based anonymity model measured the utility loss for all the attributes and the average utility loss for the anonymized patient dataset is 3.78%.

A fault‐tolerant and scalable boosting method over vertically partitioned data

AbstractVertical federated learning (VFL) can learn a common machine learning model over vertically partitioned datasets. However, VFL are faced with these thorny problems: (1) both the training and prediction are very vulnerable to stragglers; (2) most VFL methods can only support a specific machine learning model. Suppose that VFL incorporates the features of centralised learning, then the above issues can be alleviated. With that in mind, this paper proposes a new VFL scheme, called FedBoost, which makes private parties upload the compressed partial order relations to the honest but curious server before training and prediction. The server can build a machine learning model and predict samples on the union of coded data. The theoretical analysis indicates that the absence of any private party will not affect the training and prediction as long as a round of communication is achieved. Our scheme can support canonical tree‐based models such as Tree Boosting methods and Random Forests. The experimental results also demonstrate the availability of our scheme.

Sustainable tourism for rural livelihood sustainability (A case study of agrotourism in Karanganyar Regency, Central Java)

Abstract Sustainable tourism development is a concept appearing to overcome the negative impacts of tourism development. This study aims to analyze sustainable tourism development to achieve economic, socio-cultural, and environmental sustainability goals in Ngargoyoso District. The research method used in this study was a descriptive qualitative method with FGD, direct interviews, documentation, and field observation being the techniques of collecting data. Tourist villages in Ngargoyoso District, especially in Jatirejo, Kemuning, and Berjo are supported by stakeholders, namely the government, private parties, and the community who synergize with each other to achieve community welfare. Considering the findings of study, it can be seen that the positive impacts of the existence of tourist villages include increased economic level, increased fame in the public, and reduced unemployment rate, while the negative impacts occurring include increasingly accumulated garbage, infrastructural damage, and traffic jam.

THE EXISTENCE AND PROTECTION OF ULAYAT RIGHTS IN INDIGENOUS COMMUNITIES WITHIN THE FRAMEWORK OF POSITIVE LAW IN INDONESIA

Ulayat Rights are the highest rights of indigenous law communities to land. Normatively, protection of the rights of indigenous law communities is contained in several related laws and regulations, but in practice, Ulayat Rights of indigenous law communities often become the object of dispute/conflict, both with the government and with private parties who need land, so that they are often eliminated and detrimental to the rights of indigenous law communities. The aim of this research is to obtain an overview of the criteria for determining the existence of Ulayat rights of indigenous law communities and the legal protection of them when dealing with outside parties from a positive legal perspective in Indonesia. The approach method used is a normative juridical approach, namely tracing, studying and researching secondary data related to this research material. A juridical approach is used considering the problems studied revolve around the relationship between a regulation and other regulations, namely regulations regarding land, forestry and plantation law. The research results show that recognition of the existence of Ulayat rights of indigenous law communities is limited as long as they still exist and must fulfill several elements as specified in several statutory regulations. Protection of traditional rights is contained in the constitution, sectoral legislation and regional regulations, but in reality there are still frequent disputes/conflicts, this shows that the protection of Ulayat rights of indigenous law communities is still not optimal.

Mapping private party funding regulation. Deregulation in sight?

Mapping private party funding regulation. Deregulation in sight?

The Private Litigation Impact of New York’s Green Amendment

The increasing urgency of climate change, combined with federal environmental inaction under the Trump Administration, inspired a wave of environmental action at the state and local level. Building on the environmental movement of the 1970s, activists have pushed to amend more than a dozen state constitutions to include “green amendments”—self-executing individual rights to a clean environ-ment. In 2022, New York activists succeeded, and New York’s Green Amendment (the NYGA) now provides that “Each person shall have a right to clean air and water, and a healthful environment.” However, the power of the NYGA and similar green amendments turns on judicial interpretations of their scope. In the first decision to reach the issue, a New York trial court held, with little analysis, that the NYGA provides no private rights against private polluters. This conclusion could severely limit the reach and significance of state envi-ronmental rights. This article examines a single question: Does the NYGA grant private rights that are enforceable against private parties? In answering this question, we examine the 50-year history of private litigation under green amendments, the substance and historical context of the NYGA, and the broader structure of New York’s constitution and environmental law. We conclude that the New York trial court got it wrong, and that the NYGA does provide a private cause of action against private parties. We further assess the indirect impact of constitutional envi-ronmental rights on private litigation, and conclude that the NYGA will have an enormous impact on private litigation generally, irrespective of whether New York’s courts reject private litigation under the NYGA. This discussion provides a novel evaluation of the shadow that consti-tutional changes cast on non-constitutional law.

Can private parties contract out of the Hague Service Convention?

Treaties are concluded by States but often impose rights and obligations directly upon private parties. Can private parties contract out of a treaty including States’ oppositions without explicit permissions granted by the treaty? The complexity between party autonomy and State sovereignty is reflected in recent cases and unsettled debates regarding the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters of November 15, 1965 (“HSC”). The HSC contains a large number of oppositions made by 65 Contracting States including China, Germany, India, and Singapore. Combining public and private international law, this paper aims to explore the correlative relationship between party autonomy and State sovereignty in applying the HSC.