Traditional Provisions Research Articles

Perilaku Masyarakat Kampung Naga Dalam Mengelola Sanitasi dan Fasilitas Kesehatan

Kampung Naga is one of indigeneous villages in Indonesia. Community of Kampung Naga are known for their strongness in preserving the traditions of their ancestral heritage. As a indigeneous village, the lives of its people are inseparable from traditional rules, including in terms of health. Eventhough, Kampung Naga is not a community who's banned Modernism. They think modernism are not prohibited, as long as it does not violate customary provisions. Sanitation issue and also health facilities is one of the issues that are often encountered in the case of indigeneous villages, including Kampung Naga. With the reality of Kampung Naga's life is still traditionally and in influence of custom, then in terms of sanitation management it also does not escape the prevailing traditional provisions. As time goes by, the more visitors come, the mindset of the people of Kampung Naga gradually changes, especially in terms of health. Today, the majority of the residents of Kampung Naga have used modern medicine through Puskesmas and also village polyclinics and are handled by medical staff such as doctors and midwives.

Which is which? The Face or the Book: Tunisian EFL learners’ Use of Facebook in L2 Paragraph Writing

Noticing its exponential growth, many educators sought to tap in the potential of harnessing Facebook for educational purposes (Roblyer et al. 2010; Selwyn 2009; Simpson, 2012). Evidence from the literature suggests that, if used judiciously, Facebook can turn into a facilitative platform for language learning beyond the restrictions of traditional provisions (Kabilan, Ahmad, & Abidin, 2010; Yunus & Salehi, 2012). VanDoorn and Eklund (2013) suggest that the Facebook environment, in fact, bears significant resemblance in structure to that of a concrete classroom “-with walls to write on, and party invitations to distribute- and it is perhaps this…that has driven researchers to investigate the potential of Facebook-based social networking to enhance learning” (p.1). Hilscher (2012) further stipulates that the “social nature of Facebook lends itself to the possibility of being used as a virtual learning community” (p.24). Its communicative and interactive functionalities are similarly felt to “mirror much of what we know to be good models of learning, in that they are collaborative and encourage an active participatory role for users” (Maloney, 2017, p. 26). Mills (2011), in a similar vein, concurs that Facebook provides new avenues for students to explore cultural differences and build positive rapport.

Regulation and Bankers\u2019 Incentives

We study the effects of minimum capital requirements, capital buffers, liquidity regulation and loan loss provisions on the incentives of bankers to exert effort and take excessive risk. These regulations impact differently the behavior of bankers. Capital regulation, liquidity requirements and traditional loan loss provisions for expected losses provide adequate incentives to bankers. Capital requirements are the most powerful instrument. Counter-cyclical (so-called dynamic) loan loss provisions may provide bankers with incentives to gamble. The results help informing the ongoing debate about the harmonization of banking regulation and the implementation of Basel III.

Public Health Preemption Plus: Constitutional Affronts to Public Health Innovations

Law- and policymakers increasingly seek to control lower level governments through emerging “preemption plus( )” tactics ― actions exceeding traditional boundaries or specific targets of preemption. Preemption tactics tack on direct threats, fines, loss of funds, and broad de-authorizations of powers to traditional preemption clauses or provisions. This article examines historic and modern applications of preemption, various preemption tactics employed by state and federal lawmakers, and challenges localities and states may use to fight this emerging trend. Enhanced understanding of the cohesiveness of structural- and rights-based constitutional principles may provide alternative arguments to stem the tide of preemption.

Meeting Nontraditional Medical Information Needs for the Unique Populations and Geographically Remote Locations of Alaska

ABSTRACTThe types of information required by hospital and clinical staff can be greatly influenced by the geography and culture of the area in which they operate. In some situations, information must be acquired from sources that fall outside the traditional provisions of a medical or reference library. This article provides examples of the unique information needs of clinical staff serving a primarily Native Alaskan and Native American clientele in Alaska. It also presents sources and personnel utilized to meet those information needs outside of traditional reference sources.

Experimental Evaluation of Shear Strength of an Innovative Splice for Prestressed Precast Concrete Girders

AbstractThis paper describes shear laboratory testing of a joint design for spliced, prestressed precast I-girders. Although the connection is not intended to be placed at locations of high shear, the potential for shear-type failures was investigated. Shear testing of the spliced beam specimens is described and behavior is compared with calculated strength. The location of the unbonded strand was shown to affect the failure behavior. In the one specimen that did exhibit the characteristics of a shear failure, the vertical interface of the dry joint/closure pour was the location of failure. The ultimate shear capacity of the spliced specimens exceeded the calculated shear strength calculated per modified compression field theory and per the traditional simplified provisions. All specimens demonstrated flexural capacity exceeding calculated values, assuming an either bonded or unbonded strand. A companion paper describes flexural static and fatigue laboratory testing of the new connection.

Demarketing of Higher Education - Thinking Out of the Box or Out of Focus?

Objectives - The purpose of this paper is to highlight the strategies being undertaken by higher education institutions (HEIs) to leverage their bottom-line especially in situations where public funding has been removed and they are left with no other option but self-funding. Strategies have ranged from internationalisation i.e. setting up overseas branch campuses; aggressive recruitment drive for international students; and launch of new programmes to attract a wider market i.e. by demarketing the traditional course provisions in a bid to think out-of-the-box.Prior Work - The 2014 book entitled edited by Nigel Bradley and Jim Blythe featured an assemblage of demarketing variants - from general to selective, and ostensible to unintentional. The new course launches like the bold attempt at the University of Missouri on the relationship between hip hop artists opens the discourse on the future trajectory of higher education. Are HEIs following the market demand? Demarketing traditional provisions? Desperate for survival by reaching out to a previously disinterested audience? Should they?Approach - This exploratory study is based on a documentary analysis of the debate on the future of curriculum development in HEIs in general and using the exemplar of an unconventional course launch – notably “English 2169: Jay-Z and Kanye West,” at the University of Missouri, as a case illustration.Results - The main results show that instructors have, in the past, based their syllabi on celebrities - from Georgetown University’s sociology department offering a class on “Sociology of Hip-Hop - Urban Theodicy of Jay-Z” in 2011, to Julius Bailey's academic textbook “The Cultural Impact of Kanye West” forthcoming in 2014. Similarly, the University of South Carolina offered a course on “The Sociology of Fame and Lady Gaga” in 2009, and the department of Women’s and Gender Studies at Rutgers offered a course revolving around Jay Z’s wife, “Politicizing Beyonce” in 2012. The University of California Berkeley students could once take a philosophy class based on The Simpsons.Implications - The persuasive arguments advanced by the institution, in an attempt to justify the course launch revolves around “…likening the academic study of hip hop now to the study of film back when movies were still seen as ‘trash for the masses,’” and the need to think out of the box. Evidently, an attempt has been made to capture the relationship between hip hop artists and poetry, as well as optimism enshrined in the American Dream and the attendant “Audacity of Hope”. Meanwhile, these endeavours and the accompanying pedagogical stance still raise some interesting questions on the extent of utility associated with such offerings.”

Facts as subject matter of declaratory action

Provisions of our Civil Procedure Code (CPC) relating to facts being subject matter of declaratory action deviate from comparative law. The model is unique. It deviates not only from solutions adopted in comparative law but also from traditional provisions of our previous civil procedure codes. Truth be told, the new CPC speaks of a possibility to determine facts by declaratory action when it is so provided for by the CPC itself of other regulations. The possibility to request the court to determine the authenticity of a certain document is present in all the legislation analyzed in this paper. By filing an action with such subject matter, the plaintiff, in essence, seeks final and binding assurance of the probative power of documentary evidence. A real life significance of this exception is minimal, since the court must take a position regarding the authenticity of the document if the opposing party questions it. The paper tries to identify substantive and procedural rules of law that provide for facts to be subject matter of declaratory actions. Case law analyzed in this paper does not indicate the courts being to favorable in determining facts based on a declaratory action. In fact, there have been cases, after the new CPC came into force, where the Supreme Court of Cassation dismissed a claim to determine the existence of certain facts by stating that in the case at hand the claim to determine the facts goes beyond legally permissible instances when facts may be determined by a declaratory action. We also dealt with an issue of determining the facts presented in the declaratory action. The facts are the basis for the declaratory action. Determining the facts without relying on any legal issue based on which the determination of facts is sought does not seem to be an acceptable solution.

The Abyei Arbitration: Procedural Aspects of an Intra-state Border Arbitration

AbstractWith a looming referendum on the secession of South Sudan, the drafters of the Abyei Arbitration Agreement were faced with a complex intra-state dispute and a limited time to resolve it. The parties to the dispute agreed on a procedural regime to govern the arbitration, combining both traditional and innovative provisions on procedural rules, the constitution of the tribunal, the schedule of pleadings, transparency, financing of the proceeding, and the role of the Permanent Court of Arbitration. This article examines the key provisions of the Abyei Arbitration Agreement and their implementation during the course of the arbitration, and evaluates the case's significance as procedural precedent for future intra- or inter-state arbitration. The article does not provide an analysis of the substantive findings of the tribunal.

Price reopeners—challenges and opportunities

The long-term sale and purchase agreements which have long under-pinned the LNG business have seen increasing sophistication in their price review provisions and price re-openers in recent years. But, for all the contractual ingenuity and foresight of these provisions at the time these agreements are entered into, the emergence of connected geographical markets and the increasing volatility of price and volume risk have meant that these provisions are now regularly applied and a number of these provisions found wanting when submitted to practical application. Among the factors that have contributed to these difficulties are recent changes in the commercial and political aims of a number of the important producer economies and the rapid change in the circumstances of a number of the economies of those states and regions that are consumers of LNG. This paper contemplates the ways in which today’s circumstances are putting increased stress on these traditional provisions and looks particularly at the challenges of developing effective strategies to mitigate risks and enhance opportunities while maintaining relationships during periods of disagreement. It also includes case studies that highlight some of the issues of triggering price re-openers and then managing their progress through the resulting re-negotiations or, increasingly, arbitrations and expert determinations. These case studies include reviews of published decisions on price re-openers and analyses of some of the more usual contractual provisions found in the price and price clauses revision of long-term LNG sale and purchase agreements.

Alternative natural gas contract and pricing structures and incentives for the LNG industry

Gas conversion to liquefied gas (LNG) and transport by LNG tankers is one option for meeting expanding gas consumption and for gas traded internationally. This paper examines the impact of the traditional gas contract provisions of indefinite pricing, market out price ceilings, and take-or-pay requirements on the profitability of LNG projects in the context of markets characterized by price and quantity uncertainty. Simulation experiments are used to examine and calibrate the effects of those provisions. The results provide guidance to operators, host countries and purchasers in structuring such contracts. The paper also assesses prospects of future expansion of world LNG capacity.

DETERMINATE SENTENCING IN JUVENILE JUSTICE: STRUCTURING DISCRETION IN THE RELEASE DECISION-MAKING PROCESS

Abstract In recent years, the traditional indeterminate sentencing provisions of the juvenile justice system have been subject to a variety of criticisms, including the lack of decisionmaking accountability and the inequitable treatment of youth. In response, some states have modified their sentencing laws for adjudicated delinquents. Determinate sentencing for juveniles is among the most recent trends. This article discusses the meaning of determinacy and then describes the new sentencing schemes in three pioneering states: Washington, California and Georgia. Although each state's determinate sentencing provisions show many similarities, there are also important differences. The article concludes by discussing some of the implications of the move toward determinacy.

THE LAW AND THE ABUSED AND NEGLECTED CHILD

There are four broad areas of the law which impinge on the general field of child abuse and child neglect. First are those laws which mandate the reporting of suspected cases of child abuse. They are found in all 50 states of the Union at this time. The second are the traditional provisions of the penal law which make the parents or guardians, who are guilty of abusive physical conduct toward children, amenable to the normal criminal penalties. Third are the recently enacted provisions of our Family Court Act in New York which establish the comprehensive procedure for the processing of child abuse cases on a civil basis. Finally, there are the provisions of law that establish various protective services and designate the public and private agencies to deal with the problems. I shall limit myself primarily to two areas of the law, namely reporting laws and what is now known as the child protective proceedings in the Family Court. I'll do this in the form of posing questions, those questions that are most commonly raised about these matters, amid then attempting to answer them. THE REPORTING LAWS New York has one of the most comprehensive reporting laws in its Social Services Law. In New York, any physician, surgeon, medical examiner, coroner, dentist, osteopath, optometrist, chiropractor, podiatrist, resident, intern, registered nurse, hospital personnel engaged in the admission, examination, care or treatment of persons, or Christian Science practitioners, having reasonable cause to suspect that a child under 16 years of age has had serious physical injury inflicted on him other than by accidental means, or whose condition indicates some other form of abuse, is required to report to the City Department of Social Services.