Procedure Of Review Research Articles

Reconfiguration management in manufacturing

Abstract Driven by shorter innovation and product life cycles as well as economic volatility, the demand for reconfiguration of production systems is increasing. Thus, a systematic literature review on reconfiguration management in manufacturing is conducted within this work in order to determine by which degree this is addressed by the literature. To approach this, a definition of reconfiguration management is provided and key aspects of reconfigurable manufacturing systems as well as shortcomings of today’s manufacturing systems reconfiguration are depicted. These provide the basis to derive the requirements for answering the formulated research question. Consequently, the methodical procedure of the literature review is outlined, which is based on the assessment of the derived requirements. Finally, the obtained results are provided and noteworthy insights are given.

The U.S. Department of Justice, National Security and Constitutionalization of Politics Since 9/11

The aim of the article is to analyze the phenomenon of the constitutionalization of politics, understood as the influence of non-judicial actors on the procedure of constitutional review on the example of the functioning of selected offices of the United States Department of Justice during the presidencies of George W. Bush, Barack Obama, and Donald Trump. By analyzing the activities of attorneys general and Office of Legal Counsel lawyers, the author shows the important role of these entities in determining the constitutionality of surveillance policy of presidential administrations in the field of national security.

Synthesizing the Attributes of Computer-Based Error Analysis for ESL and EFL Learning: A Scoping Review

An error analysis (EA) is the process of determining the incidence, nature, causes, and consequences of unsuccessful language acquisition. Traditional EA for English as a second language/English as a foreign language technique lacks an orderly investigation due to human errors. Consequently, computer-based error analysis (CBEA) was introduced into EA in linguistics to achieve accuracy and instant analysis. Although many studies have concluded that CBEA holds numerous strengths, other studies have found that CBEA has certain limitations. However, the strengths and limitations of the CBEA were not clearly synthesized and outlined. Accordingly, this review aims to explore the strengths and limitations of CBEA to provide areas for improvement of computer applications toward an efficient EA procedure. This work also aims to synthesize the strengths and limitations of CBEA mentioned in a variety of articles into a single review to sustain its efficiency and serve as a guide for teachers to benefit from the strengths and gain awareness of CBEA’s limitations. Stakeholders can access broader perspectives on developing application software capable of addressing the deficiencies in EA. By doing so, we can sustain CBEA’s efficiency for the benefit of all. For this purpose, Arksey and O’Malley’s procedure of a scoping review and the PRISMA framework were adopted to guide the filtering and selection of relevant previous studies. Sixty-two articles were selected through the processes of identification, screening, eligibility, and inclusion. Although the findings showed six strengths and seven limitations of CBEA, CBEA can only perform the diagnostic part of EA. Human intervention is still required to perform the prognostic part to accomplish an efficient EA.

Crise Democrática Brasileira e Disfuncionalidade e o Direito – À Liberdade de Expressão: Críticas ao Discurso de Ódio Sob o Viés da Teoria do Discurso Jurídico Habermasiano

A pesquisa centrou-se no conceito de justiça para Aristóteles, tendo por objetivo perquirir as bases históricas e filosóficas desse pensamento e contextualização com instituições existentes em Atenas e na Grécia na sua época, bem como o arcabouço político que permitiu o surgimento de suas teorias. Além disso, partindo da justiça como algo antropológico e não mais vinculado à religião, teve como intenção investigar as diversas noções de justiça para o filósofo, como justiça política, qual seja, aquela derivada da relação entre homens, estabelecida pelas leis. Ademais, centra-se na justiça distributiva, teleológica e justiça corretiva. Os resultados encontrados, por meio de pesquisa bibliográfica, de enquadramento histórico-contextual e de análise semântico-conceitual de textos filosóficos, demonstram que a evolução da noção aristotélica de justiça forjou tanto uma fundamentação revolucionária para a época em questão quanto uma tradição clássica de pensamento que esclarece as vinculações contemporâneas entre o Direito e a Ética.

Artificial intelligence-based literature data warehouse for vaccine safety

Objective: To establish a sustainable updated literature data warehouse for global vaccine safety assessment, and provide data support for evidence-based vaccine safety assessment. Methods: Semi-automated construction and updating of a literature data warehouse were achieved through the continuous integration of standard operating steps of evidence-based reviews with artificial intelligence technologies. Following the standard procedure of a systematic literature review, the literatures about vaccine safety assessment published before November 29, 2020 were retrieved from 9 databases including OVID, Scopus, Web of Science, Cochrane Library, and ClinicalTrails.org in English and Wanfang, CNKI, VIP, and SinoMed in Chinese. Literatures were screened for two rounds in a semi-automatic manner (by artificial intelligence literature processing system and manual work) according to the inclusion/exclusion criteria. Furthermore, the literatures were classified according to the types of vaccines and adverse events. The updating strategy was established, and the literature data warehouse was updated regularly. Experts were organized to select specific vaccine safety topics and carry out special demonstration studies. Results: More than 0.41 million articles were retrieved. According to the inclusion/exclusion criteria, 23 304 articles were included after two rounds of screening. At present, we have selected and completed three prior topics as demonstration studies, including the systematic review of "DPT (diphtheria, pertussis and tetanus) vaccine and encephalopathy/encephalitis", and the classified management of literatures about allergic purpura and brachial plexus neuritis. Conclusions: The sustainable updated literature data warehouse of vaccine safety can provide high-quality research data for vaccine safety research, including evidence support for immunization related policy-making and adjustment and vaccine safety-related methodological research or clinical tool development; and further demonstration studies can provide references for building a new methodological framework system for timely and efficient completion of the evidence-based assessment of vaccine safety.

Стандарты реализации права на обжалование и пересмотр промежуточных решений, вынесенных на досудебном этапе уголовного судопроизводства

Under Article 46 of the Russian Constitution, everyone is guaranteed judicial protection of his or her rights and freedoms. This right must also be realised in criminal proceedings, including during the pre-trial stage of the proceedings. At the same time, the Constitutional Court of the Russian Federation has not formulated in sufficient detail how the right to judicial protection should be realised in the course of the court's interlocutory ruling and its review. In searching for standards for the implementation of the right to appeal and review of interlocutory decisions rendered at the pre-trial stage of criminal proceedings, the authors refer to the provisions of the European Convention as interpreted by the ECHR as legal provisions correlating with the human rights enshrined in the Russian Constitution. For this purpose, more than 50 ECHR judgments and the positions of contemporary domestic and foreign legal scholars have been studied. The authors identified a list of standards of the Convention applicable in case of violation of the right to appeal and interlocutory review, which include the standards guaranteeing protection of fundamental individual rights: Article 5 (right to liberty and security of person), Article 8 (right to respect for private and family life, home and correspondence), Art. 1 Protocol No. 1 (right to protection of and respect for property) as well as the rules laying down the minimum requirements for appeal or review procedures: Article 5(4), Article 6 (right to a fair trial), Article 13 (right to an effective remedy). An analysis of the ECHR legal positions laid down the requirements for an appeal or review procedure against a court decision on "deprivation of liberty" (remand in custody, house arrest, prohibition of certain actions, placing a person in a hospital for forensic medical or forensic psychiatric examination). Such a procedure must meet minimum fair trial standards and be urgent and effective. The authors also substantiate the identification of general and specific standards of effective remedy in relation to the procedure of appeal and review of interlocutory decisions rendered at the pre-trial stage of criminal proceedings. Thus, the procedure will be effective if it is accessible, sufficient and expeditious and if the appeal and review of the interlocutory decision can result in the reversal of the appealed decision and the "rectification of the disputed situation". Private standards apply to cases of appeal and review of specific interlocutory decisions that are made in secret, e.g. an order to monitor and record telephone conversations, obtain information on connections between subscribers and subscriber devices, etc. In such cases, the moment the right to an effective remedy arises is linked to the moment when the person becomes aware (is notified) of the procedural actions taken. On the basis of the analysis of the ECHR legal positions, proposals for improving the criminal procedure legislation were formulated. The authors declare no conflicts of interests.

Decentralized Spare Parts Production for the Aftermarket using Additive Manufacturing - A Literature Review

Additive manufacturing of spare parts to supply the aftermarket of long-life primary products beyond the End of Production has gained attention, because economic production of small batch sizes and a decentralized production close to the place of demand has become possible. This not only changes production processes but also affects the design of supply networks. In this paper, a literature review is conducted to identify and evaluate approaches in the scientific literature to determine the effects of using additive manufacturing processes in spare parts production for the aftermarket, considering the spatial and temporal configuration of a supply chain. The procedure of the literature review consists of three phases: plan, conduct and report and is broken down into six steps: research question and objective, scope, search, analysis, synthesis, and discussion. Out of more than 650 identified publications, 31 articles relevant to the research question were extracted using formal and content-related criteria. The PRISMA flow diagram is used to present the selection process. The results are objectively described using descriptive statistics and a keyword analysis. The publications are subsequently compared based on predefined evaluation criteria. On this basis, research gaps and future research needs are identified.

Consensus on collaborative ethical review of multi-center clinical trials of new drugs of traditional Chinese medicine (version 1.0)

At present, the issues regarding multi-center clinical trials of new drugs of traditional Chinese medicine(TCM) remain: the lack of agreement on the content and scope of the ethical review among the ethics committee members of the center and the participating units results in repeated review, which leads to a time-consuming ethical review process. Moreover, the review capabilities of the ethics committees of various research centers are uneven, which is not necessarily beneficial to the protection of subjects' rights and safety. In view of the existing problems, to improve the efficiency of ethical review of multi-center clinical trials of new drugs of TCM and avoid repeated reviews, the TCM Clinical Evaluation Professional Committee of Chinese Pharmaceutical Association organized experts to formulate the "Consensus on collaborative ethical review of multi-center clinical trials of new drugs of TCM(version 1.0)"(hereinafter referred to as "Consensus"). The "Consensus" is formulated in accordance with the requirements of relevant documents such as but not limited to "the opinions on deepening the reform of the evaluation and approval system to encourage the innovation of pharmaceutical medical devices", "the regulations of ethical review of biomedical research involving human subjects". The "Consensus" covers the scope of application, formulation principles, conditions for the ethics committee of the center, sharing of ethical review resources, scope and procedure of collaborative review, rights and obligations, etc. The aims of the "Consensus" is to preliminarily explore and establish a scientific and operable ethical review procedure. Additionally, on the basis of fully protecting the rights and interests of the subjects, a collaborative ethical review agreement needs to be signed to clarify the ethical review responsibilities of all parties, to avoid repeated review, and to improve the efficiency and quality of ethical review in multi-center clinical trials of new drugs of TCM.

Институт недостойных наследников в судебной практике

The article is dedicated to the issues arising in practice of using the provisions on unworthy heirs of the Civil Code of the Russian Federation. The provisions of the Civil Code of the Russian Federation establish only assessment categories, using which the courts assess the actions of supposed heirs by implementing its discrete authorities. Unfortunately, Article 1117 of the Civil Code of the Russian Federation has no answer to the question on the mechanism of an unworthy heir recognition, the standard of proving within similar court dispute, jurisdiction and procedure of dispute review. Of special interest is an issue on recognition of unworthy heirs who have deliberately evaded obligations to support the testator as the available court practice is rather contradicting and inconsistent. The article considers practical issues of implementing the way to protect the rights of heirs specified in Article 1117 of the Civil Code of the Russian Federation arising within activities of courts of general jurisdiction.

Comparative Study on Judicial Review of Administrative Relations Between Center and State

As very well narrated by Indian Supreme Court Justice Syed Shah Mohammed Quadri “The essential difference between a government of despots and a government of democratically elected person is that in the former case, there are no limitations on the power or their exercise whereas in the latter case, the powers are defined and their exercise is regulated by law. In a democratic country like ours, governed by the rule of law, the principle is, ‘be thou so high the law is above you’” . Now with the advent of the rule of law, there has been an outburst of administrative actions or relations between the centre and the state. On the face of it, administration law can be imprecisely said to be a law for regulating governmental powers, however the fact of the matter is, to regulated the government powers within the prescribed limits of the federal structure of India and also to protects its citizen from the abuse from broad spectrum of authorities, be it judicial, quasi- judicial or administrative. In the current trend the fundamental purpose of administrative law is to see that those actions are not outside its scope of powers (ultra-vires). The research paper will analyze three different constitutions namely India, Canada & Australia and there expressed provision relating to administration relation between the center and state and its judicial review. This paper will analyze the given provision and power relating to the administrative relation and the grounds and procedure of judicial review of administrative action.

Novo regime fiscal frente à garantia constitucional de financiamento adequado das políticas públicas de saúde

Objetivos: analisar a constitucionalidade da Emenda Constitucional (EC) nº 95/2016, em especial, cotejando os pisos de aplicação mínima nas ações e serviços públicos de saúde frente às disposições constitucionais garantidoras de financiamento adequado. Especificamente, foram confrontadas as projeções de financiamento do Sistema Único de Saúde (SUS) em face do princípio de vedação ao retrocesso dos direitos sociais. Metodologia: foram realizadas pesquisas teóricas e análises documentais, com base na revisão da literatura e dos dispositivos legais pertinentes, aos quais se agregou a dados empíricos, de maneira a observar indiretamente o fenômeno analisado, através do procedimento técnico da revisão documental. Resultados: a EC nº 95/2016 afronta as diretrizes constitucionais da integralidade e universalidade que regem o SUS, já que tende a agravar o déficit de financiamento do Sistema, impedindo o oferecimento adequado e progressivo de ações e serviços públicos de saúde (ASPS) para a população. Discussão: o novo regime fiscal instituído pela Emenda deve viger por duas décadas, valendo até 2036. O discurso oficial argumentava pela necessidade de um novo sistema de despesas públicas, sob a tônica da limitação de gastos e investimentos públicos, sobretudo nos bens e serviços sociais, como medida capaz de retomar o crescimento da economia. Conclusões: os limites de gastos público previstos na EC nº 95/2016 agravam a inefetividade do direito à saúde e afrontam premissa constitucional de garantia de financiamento adequado e progressivo das ASPS, subvertendo a lógica de instrumentalidade dos orçamentos e dos recursos públicos em nome da austeridade fiscal. Para além disso, afronta o princípio da vedação ao retrocesso ao impor uma regressividade ao custeio do Sistema.

Metamorphoses of an Adversarial Nature of Criminal Proceedings in Cases of Judicial Review

An adversarial nature of any judicial proceedings, which is characteristic of justice and corresponds to its nature, is revealed in criminal proceedings not only in criminal cases, but also in so called cases of judicial review exercised during pre-trial proceedings. In the present paper the features of adversarial construction of judicial review proceedings in the Russian criminal process are investigated in the context of the purpose and subject of judicial review at pre-trial stages. The author has analyzed the specifics of the conflict relationship, the essence of the legal dispute and the subject composition of the procedural parties in cases of judicial review, as well as the peculiarities of initiating the judicial review proceedings and distribution of the burden of proof between the parties; reveals the transformation of the procedural roles of the main participants of the adversarial proceedings when the disputed issue is transfered from the main proceedings in the criminal case for consideration in the procedure of judicial review within the framework of separate proceedings. The paper also elucidates such features characteristic for certain forms of judicial review as involvement of third parties having their own interest in the judicial review case and restriction of participation in the court session of the interested party. The paper focuses on the problem of ambiguous (from the standpoint of the principle of adversariality) procedural status of the prosecutor in judicial and review proceedings in which independent parties are the investigator and (or) the head of the investigative body. Alternative options for elimination of the problem discussed above are proposed. It is concluded that in the course of normative regulation of judicial review procedures and law enforcement, it is necessary to take into account the specifics of cases of judicial review and the originality of manifestation of adversarial foundation in such cases.

Die Änderung der russischen Verfassung 2020 – Auswirkungen auf die Verfassungsgerichtsbarkeit

The Russian Constitution of 1993 was subjected to its most extensive revision in 2020. The primary purpose of the changes was to strengthen the role of the President of the Republic. In addition, the position of the Constitutional Court was also significantly modified. The various extensions of the Constitutional Court‘s powers can only superficially be classified as “strengthening” the court itself. In terms of “power politics” they primarily benefit the President. He can now dismiss constitutional judges without major procedural obstacles. In all the newly added competencies for preventive abstract normative control, the President is the only body entitled to file an application. In this respect, it is him who can influence and control legislation even more efficiently than before, and the Constitutional Court is realistically no more than its “auxiliary organ.” The fact that the Constitutional Court‘s position as a “defensive instance” against decisions of international courts has been strengthened leads to Russia‘s legal self-isolation and is likely to burden cooperation in international organizations. Other constitutional amendments may well be understood as “upgrading” the Constitutional Court or strengthening the constitutional state. This applies in particular to the considerable expansion of the objects of review in the procedure of individual constitutional complaints and in the procedure of concrete review of norms.

Protocol: Value Stream Maping in Healthcare. A systematic literature review

Until 2016, very few works had investigated the use of the VSM. With this research, we will discover if the situation has changed in the last 3 years. In the lean manufacturing context, different techniques that help the continuous improvement process can be used (Marin-Garcia & Bonavia, 2011; Marin-Garcia & Carneiro, 2010; Marin-Garcia et al., 2012; Scott, 2001). One is the Value Stream Map (VSM) (Coetzee et al., 2016; Marin-Garcia & Mateo Martínez, 2013; Vidal-Carreras et al., 2015). This publication is a protocol (Marin-Garcia, 2015; Marin-Garcia, 2019) that aims to promote research transparency and replication. The concepts investigated in it are defined (VSM and health services sector), a research niche is justified, and the search and codification procedure of the systematic literature review is established. Although there are different versions of the VSM (Dinis-Carvalho et al., 2018; Hines & Rich, 1997; Shou et al., 2017), we will focus on that proposed by Rother and Shook (1998). The main peculiarity of the version by Rother and Shook (1998) is that it graphically shows the flow of information and the flow of materials in the same diagram (Lucherini & Rapaccini, 2017; Shou et al., 2017; Vidal-Carreras et al., 2015), which is necessary to complete a project, a product or a service (Bevilacqua et al., 2014; Lucherini & Rapaccini, 2017). It is also very intuitive and easy to understand, even by non-technical people (Lucherini & Rapaccini, 2017).The VSM version that we have chosen is usually applied via standardized symbols (Lucherini & Rapaccini, 2017; Vidal-Carreras et al., 2015) following a 4-stage procedure (Rother & Shook, 1998; Shou et al., 2017): 1) select a product family (each VSM represents a family of sufficiently homogeneous products to represent the process); 2) draw the current VSM; 3) model the improved process by drawing the desirable future VSM; 4) implement actions to obtain a similar process to the future VSM. These four stages can be split into eight in other implementation versions (Tapping, 2007; Tapping et al., 2002; Tapping & Shuker, 2003). The above procedure allows value-added (VA) and nonvalue-added (NVA) activities and initiating actions to be identified to improve the proportion of VA versus NVA (Bevilacqua et al., 2014; Shou et al., 2017; Vidal-Carreras et al., 2015). Our goal is to include any healthcare level (primary care, secondary care - medical specialists, hospitals, referral centers for rare diseases, and geriatric or disability care). We wish to explore the use in organizations of any country worldwide whose ownership is public, private or a nonprofit foundation. We will focus on patient health services. We will not include the pharmaceutical industry or the operation of governmental or nongovernmental public health structures (e.g. ministries, the Red Cross or similar). Different literature reviews on the VSM have been published. Some focus on analyzing several sectors, predominantly manufacturing. Previous research seems to indicate that the VSM allows the transparency of the process to improve by making it much more understandable for the agents involved in it (Shou et al., 2017; Vidal-Carreras et al., 2015); reduce process times (lead times) (Shou et al., 2017) and inventories (Shou et al., 2017). However, these results come mostly from repetitive manufacturing contexts (linked to the automotive or consumer electronics sectors, or their auxiliary industries), and normally from Anglo-Saxon countries. There do not seem to be enough publications in order to generalize these results to all kinds of contexts. Some publications reveal that the barriers from using such tools can overcome facilitators in public service contexts (Marin-Garcia et al., 2018b).Very few reviews have focused specifically on the VSM and the health services sector (Nowak et al., 2017; Vidal-Carreras et al., 2015). Both conclude that there is not enough material to provide evidence for and a conclusive answer to our research questions. The systematic review that we propose in this protocol intends to answer (in a future publication) the following questions: 1) what is the VSM research gap that applies to the health services sector that currently exists?; 2) is the VSM being used in hospitals or other health centers?; 3) what VSM version is common in health sector publications?; 4) collect examples of the VSM in hospitals/heath centers; 5) how was the VSM used in the hospitals/health centers that have applied it?; 6) what problems and/or difficulties have arisen while drawing the VSM or after drawing it? Different programs will be used for the bibliometric analysis (see details in Marin-Garcia and Alfalla-Luque (2019)). First, the R Bibliometrix package (Aria & Cuccurullo, 2017; Garfield, 2004; Wulff Barreiro, 2007) and also the suitability of SciMAT (Cobo et al., 2012; Santana & Lopez-Cabrales, 2019) to visualize thematic maps and strategic maps will be tested.

Resilience and Academic Underachievement in Gifted Students: Causes, Consequences and Strategic Methods of Prevention and Intervention

Extensive research and numerous reviews have been conducted in the last years, concerning gifted students. The present review aims at investigating the special personality traits of the resilient gifted students, targeting to the development of strategic methods of prevention and intervention, to enhance the resilience of those in danger of academic underachievement. Many research questions concerning resilience, stress, adaptation, protective factors, intelligence and connections to mental health emerged through the procedure of the systematic review. The evidence found substantiates that the enhancement of resilience in gifted students, is of major importance to help them overcome difficulties in family, school and social environments, thus resulting to the establishment of good physical and mental health.

HOME MEDICINE REVIEW ELDERLY BASED ASSESSMENT OF MEDICATION RELATED PROBLEMS IN MYSURU CITY

Objective: Patients with medication-related problems will not be able to achieve the correct therapeutic endpoint which can ultimately result in further progression of disease and complications of the disease. The common risk factors of medication related problems are such as increased co morbidities, hepatic impairment, renal impairment, lack of certain biological enzymes such as glucose 6 phosphate dehydrogenase, the safety of medications that needs to be considered in specialised population such as pregnant and lactating women followed by infants, children, and elderly persons. Today in India there are lot of drug-related problems which goes unnoticed as most of the medical case sheets in hospitals are not properly screened due to lack of clinical pharmacy services which do not exist in most of the hospitals. To assess the medication-related problems among chronically ill patients.
 Methods: Patients who met study criteria were enrolled in this research study, followed by the standard operating procedure of home medicine review was applied to carry out this research study. Drug-related problems of enrolled patients were evaluated by applying Hepler and Strand drug-related problem scale.
 Results: The pharmacist intervention rate in this research study were found was 58%. The medication-related problems identified in this study were drug given without indication which was accountable for 32 % followed by drug duplication 5.21%, drug interactions 11% and adverse drug reactions 6.52 %.
 Conclusion: This research study concludes that prevalence of drug-related problems among elderly patients was accountable for 40.49 % among Home Medicine Review in Mysore city due to more comorbidity which had resulted in more number of medications with respect to the individual medical case. Elderly patients will have lot of confusion which makes difficult to follow strict directions of medications prescribed by the concerned consultant. The situation of elderly patients can make still more miserable when no family members are living with them. Therefore in this type of situation, the role of pharmacist can play an important role in creating more awareness of medications to elderly patients.

The Case for an Arctic Region Council and a Treaty Proposal

In the first part of this study, the author brings out the need for an Arctic Region Council by examining what would be its main purposes. These would be to facilitate cooperation generally among its members and, in particular, with respect to the following matters: protection of the environment, coordination of scientific research, conservation of living resources, economic development, health and well-being of the Arctic inhabitants, and peaceful uses of the Arctic. The second part outlines the main reasons for the establishment of a Council by the conclusion of a treaty and presents the basic draft provisions of such treaty. These would cover: the geographical area of the Council's activities, the purposes of the Council, the conditions of membership, the main organs of the Council and their respective powers and mode of operation, the holding of meetings, the sharing of expenses, the settlement of disputes, the manner of entry into force, and the procedure of amendments and review. The founding Members of the Council would be the eight States whose territory projects north of the Arctic Circle: Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and the United States. Membership would be open to non-Arctic States having demonstrated a sufficient interest in Arctic issues, as well as to certain non-State entities such as the Northwest Territories and Greenland, and non-governmental organizations such as the Arctic Aboriginal Conference.

Navigating the Gray Area: A School District's Documentation of the Relationship between Disability and Misconduct

Background/Context The administration of student discipline is one of many responsibilities under the purview of teachers and educational leaders across the country. Maintaining a safe environment with minimal disruptions is not an easy task. From existing research on student discipline, we have learned that critical examination of data and continuous reflection are important, particularly in light of documented disparities in discipline practices. Under the Individuals with Disabilities Education Act (IDEA), before a school district may discipline a student with a disability for greater than 10 days, it must first conduct what is referred to as a manifestation determination review (MDR) (20 U.S.C. §1415(k)(1)(E)). During this review process, the current version of the law requires school districts to address two questions: (1) Was the student's behavior caused by, or did it have a direct and substantial relationship to, the student's disability? (2) Was the student's misconduct caused by the district's failure to implement the student's individualized education program (IEP), as required by law? This study examines the implementation of this standard. Research Question This study poses the following research question: What factors (explicit and implicit) influence decision makers when deciding whether a student's misconduct was a manifestation of his or her disability? Research Design This project used a case study approach to examine 80 MDR decisions in one large urban school district in order to better understand how decision makers implement this standard. Specifically, this study reviewed 40 randomly selected decisions wherein decision makers determined that the student's actions were not a manifestation of his or her disability and 40 randomly selected decisions wherein decision makers determined that the student's actions were a manifestation of his or her disability. Findings/Results Decision makers cited the academic and behavioral manifestations of students’ disabilities, students’ behavioral histories, students’ ability to control their actions, and connections to the home and community. Despite these consistent factors, the striking similarities between Yes and No decisions illustrates the overall arbitrary nature of the decision-making process. Conclusions/Recommendations This article discusses implications that attend to both the procedure and substance of manifestation determination review.

Implementation of rights to cassation appeal and cassation proceeding opening

The paper is devoted to the main aspects of the implementation of rights to cassation appeal and cassation proceeding opening. The author points out that from the procedural point of view the opening of cassation proceedings can be regarded as the main and decisive element of the right to access to justice realization.The researcher suggests talking about the right to cassation appeal, the right to open cassation pro- ceedings and the right to cassation review, where the right to appeal is a prerequisite for two others.It is important to find out the moment from which the right to cassation appeal can be implemented. From the content of the legislative rules governing the procedure of cassation appeal and cassation review, it appears that the right to cassation appeal should be understood as implemented since the opening of the cassation proceedings since in this case the right to cassation appeal is covered by the right to a cassation review.At the same time, according to the author, the decision may be considered to be challenged before the completion of cassation review and the closure of the cassation proceedings. From the norms of Ukrain- ian legislation it follows that the moment of the opening of cassation proceedings should be considered the moment of the adoption of the relevant resolution by the judge-rapporteur, because since this moment it is possible to carry out procedural actions aimed at cassation review. In addition, the author focuses on the requirements to the cassation appeal of a substantive and procedural nature, observance of which plays an important role for the implementation of the right to appeal and is a procedural prerequisite for the opening of cassation proceedings.The paper also focuses on joining the cassation complaint. Researcher suggests to defined this notion as a legal act certifying the maintenance of a person whose rights were previously resolved by a lower court, the claims made in the cassation appeal in order to uphold their own legal interest, as a result of which it is endowed with appropriate rights and duties. Along with this, the author makes some proposals to improve the effective procedural legislation of Ukraine.

Individual Education Program (IEP) Paperwork : A Narrative Review

Previous studies have shown that teachers understand the importance of Individual Education Program (IEP), but they consider the administrative tasks of IEP as a burden. This review aims to illustrate how long the teacher completed the IEP administrative tasks, to explain why teachers view IEP as a burden, and to describe the strategies to minimize obstacles related to the administrative burden of IEP. The procedure of narrative review is selecting journals based on the inclusion and exclusion criteria related to administrative burden of IEP paperwork. The result shows that teachers spend more time doing IEP paperwork than assessing students’ assignments, communicating with parents, and sharing with colleagues. IEP paperwork takes up more than 10% of working time. The reasons IEP paperwork perceived as burdens are because of a large number of IEP forms and details, the multiple IEP service flow, the lack of knowledge of the personnel relating to the preparation or implementation of IEPs, the lack of assistance of administrative staff to complete the IEP paperwork, and the short/limited deadlines for administrative duties of IEP. The proposed strategies are improving appropriate technology, streamlining the contents of IEP forms, group IEP and increase the IEP administrative skills of the teachers.