52 resultados para due legal process


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The possibility of winning the tender is subject to the cost estimation proposed by the contractors compared to the cost estimation prepared by the client’s representative. Studies indicated that one of the construction company failures in the tendering process is due to the uncertain, incorrect, and unrealistic cost estimation. Failure to provide a competitive cost estimation on time is the main reason the contractor is not successful in winning the tender, and will not be considered for the tender evaluation stage. The aim of this paper is to validate the key factors that affect the cost estimation activities in the tender preparation process. This paper describes the results of a pilot study, from a questionnaire survey on the factors that affect the cost estimation activities in the tender preparation process. The study shows the importance of all the factors in the cost estimation activities in the tender preparation process in terms of human factors, working culture, and information technology.

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Construction projects have been criticised for low performance for many decades. One of the reasons for this situation is the temporary multi-organisation of the construction team; the ultimate reason may be due to the divergent background and specialist skills of the project team members. The aim of this paper is to investigate the different opinions of construction participants within the construction process. It focuses on the projects which use the traditional procurement strategy in the building sector as this process is often perceived as being far from efficient. The methodology used in this research is by interview; the targeted interviewees include architects, quantity surveyors, clients and planning supervisors. An expert system which has been developed to model the construction process, called the CONstruction Best Practice System (CONBPS), has been demonstrated and the participants’ comments sought. The findings are that different construction parties have different perceptions of the construction process and their understanding of each other’s role is ambiguous.

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ID scanners are promoted as an effective solution to the problems of anti-social behavior and violence in many urban nighttime economies. However, the acceptance of this and other forms of computerized surveillance to prevent crime and anti-social behavior is based on several unproven assumptions. After outlining what ID scanners are and how they are becoming a normalized precondition of entry into one Australian nighttime economy, this chapter demonstrates how technology is commonly viewed as the key to preventing crime despite recognition of various problems associated with its adoption. The implications of technological determinism amongst policy makers, police, and crime prevention theories are then critically assessed in light of several issues that key informants talking about the value of ID scanners fail to mention when applauding their success. Notably, the broad, ill-defined, and confused notion of “privacy” is analyzed as a questionable legal remedy for the growing problems of überveillance.

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Twomultidimensional HPLC separations of an Australian red wine are presented, >70% of the available separation space was used. A porous graphitic carbon (PGC) stationary phase was used as the first dimension in both separations with both RP core–shell and hydrophilic interaction chromatography fully porous columns used separately in the second dimension. To overcome peak analysis problems caused by signal noise and low detection limits, the data were pre-processed with penalised least-squares smoothing. The PGC × RP combination separated 85 peaks with a spreading angle of 71 and the PGC × hydrophilic interaction chromatography separated 207 peaks with a spreading angle of 80. Both 2D-HPLC steps were completed in 76 min using a comprehensive stop-and-go approach. A smoothing step was added to peak-picking processes and was able to greatly reduce the number of false peaks present due to noise in the chromatograms. The required thresholds were not able to ignore the noise because of the small magnitude of the peaks; 1874 peaks were located in the non-smoothed PGC × RP separation that reduced to 227 peaks after smoothing was included.

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Composite LiFe0.4Mn0.6PO4/C microspheres are considered advanced cathode materials for electric vehicles and other high-energy density applications due to their advantages of high energy density and excellent cycling stability. LiFe0.4Mn0.6PO4/C microspheres have been produced using a double carbon coating process employing traditional industrial techniques (ball milling, spray-drying and annealing). The obtained LiFe0.4Mn0.6PO4 microspheres exhibit a high discharge capacity of around 166 mA h g-1 at 0.1 C and excellent rate capabilities of 132, 103, and 72 mA h g-1 at 5, 10, and 20 C, respectively. A reversible capacity of about 152 mA h g-1 after 500 cycles at a current density of 1 C indicates an outstanding cycling stability. The excellent electrochemical performance is attributed to the micrometer-sized spheres of double carbon-coated LiFe0.4Mn0.6PO4 nanoparticles with improved electric conductivity and higher Li ion diffusion coefficients, ensuring full redox reactions of all nanoparticles. The results show that the advanced high-energy density cathode materials can be produced using existing industry techniques.

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The objective of this work is to develop a kinematic hardening effect graph (KHEG) which can be used to evaluate the effect of kinematic hardening on the model accuracy of numerical sheet metal forming simulations and this without the need of complex material characterisation. The virtual manufacturing process design and optimisation depends on the accuracy of the constitutive models used to represent material behaviour. Under reverse strain paths the Bauschinger effect phenomenon is modelled using kinematic hardening models. However, due to the complexity of the experimental testing required to characterise this phenomenon in this work the KHEG is presented as an indicator to evaluate the potential benefit of carrying out these tests. The tool is validated with the classic three point bending process and the U-channel width drawbead process. In the same way, the capability of the KHEG to identify effects in forming processes that do not include forming strain reversals is identified.

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Academic and political commentators have commonly sought to understand the Olympics as a cultural dynamic, a "spectacle" that motivates certain actors to project their relative interests in localized spaces and as well on a global scale (Hiller 2006; Boyle and Haggerty 2009b ). Mega-events, as this argument goes, are monumental cultural events (Roche 2000) that rely on the audacity of spectacle to dramatize and condition the cultural, political, legal and economic landscape. Extending these insights into surveillance studies, Boyle and Haggerty (2009b: 259-260) position spectacle and the disciplinary mechanisms of anxieties associated with mega-events to explain the risk management practices of security planners. The dynamic social implications of the spectacle condition dramatic regimes of securitization and surveillance such that sovereign power emanates from the production and consumption of spectacle. In similar fashion Vida Bajc (2007: 1648) writes that security meta-rituals "demonstrate[s] that the process of transformation of [the] public space [of mega-events] from one of routine of daily life into a sterile area [that] has a ritual form [that] .... separates insiders from outsiders and brings about a new socio-political reality." Put another way, the "security-meta ritual" legitimates security and surveillance practices by normalizing the social hierarchies it imposes. Bajc focuses on the over-determination of dividing practices in mega-event security, but the signifying practices associated with capital are absent (perhaps due to her empirical focus on presidential addresses). Klauser (2008: 181) links commercialization and mechanisms of surveillance, but only by foregrounding the significance of "neutralized space" created by granting absolute commercial rights to event sponsors. Neoliberalprivatization and its articulation with security and surveillance, however, cannot be reduced to control over sponsorship rights and consumptive practices in particular urban "zones," nor can it be limited by the methodological temporality of the event itself.

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Drying and denaturation kinetics of aqueous droplets of α-lactalbumin (α-lac), β-lactoglobulin (β-lg), and bovine serum albumin (BSA) were measured in a convective drying environment. Single droplets having an initial droplet diameter of 2 ± 0.1 mm and containing 10% (w/v) protein concentration were dried using conditioned air (65 and 80 °C, 2-3% RH, 0.5 m/s velocity) for 600 s. The denaturation of these proteins was measured by using reversed-phase HPLC. At the end of 600 s of drying 13.3 and 19.4% α-lac was found to be lost due to denaturation at 65 and 80 °C, respectively. Up to 31.0% of β-lg was found to be denatured, whereas BSA was not found to be significantly (p > 0.05) denatured in these drying conditions. The formation and strength of skin and the associated morphological features were found to be linked with the degree of denaturation of these proteins. The secondary structure of these proteins was significantly (p < 0.05) affected and altered by the drying stresses. The β-sheet and random coil contents were increased in α-lac by 6.5 and 4.0%, respectively, whereas the α-helix and β-turn contents decreased by 5.5 and 5.0%, respectively. The β-sheet and random coil contents in β-lg were increased by 7.5 and 2.0%, respectively, whereas the α-helix and β-turn contents decreased by 3.5 and 6.0%, respectively. In the case of BSA the β-sheet, α-helix, and random coil contents were found to increase, whereas the β-turn content decreased.

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Smartphone applications are getting more and more popular and pervasive in our daily life, and are also attractive to malware writers due to their limited computing source and vulnerabilities. At the same time, we possess limited understanding of our opponents in cyberspace. In this paper, we investigate the propagation model of SMS/MMS-based worms through integrating semi-Markov process and social relationship graph. In our modeling, we use semi-Markov process to characterize state transition among mobile nodes, and hire social network theory, a missing element in many previous works, to enhance the proposed mobile malware propagation model. In order to evaluate the proposed models, we have developed a specific software, and collected a large scale real-world data for this purpose. The extensive experiments indicate that the proposed models and algorithms are effective and practical. © 2014 Elsevier Ltd. All rights reserved.

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The aim of this article is to contribute to the current academic debate on pluralistmechanisms of post-national governance as a particular type of ‘stateless law’. Moreprecisely, this article is conceived as an introduction to aid further research on the shape(and extent) that post-national governance may eventually assume (and reach) in SouthAfrica. Attention is, therefore, paid to legal pluralism as a key factor of pluralist settings ofpost-national government. An overview of the essence and features of post-nationalgovernance is provided, and a brief comparison is made between hard hierarchical andsoft-networked forms of governance. In pursuing the suggested roadmap, reference is madeto the current European landscape on post-national governance, which is ontologicallyinevitable in discussing the essence, structure, aims, challenges and limitations ofpost-national governance. Moreover, the necessity of adopting a comparative modusinvestigandi is due to the circumstance that although South Africa and the EuropeanUnion (EU) share important elements (e.g., legal pluralism, financial instability andfuture common challenges), South Africa has an extremely progressive constitution — aresult that the EU has been unable to achieve formally. Thus, while explaining whySouth Africa may represent fertile ground for such an architecture of governance, this articlediscusses why the South African Constitution may be a ‘value add’ that may help post-national governance avoid the difficulties thus far encountered on the Europeancontinent.

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This chapter examines the ethical and legal issues related to family caregiving in palliative care. The result suggests that death per se is not an ethical issue, and false perceptions of what the law and ethics require have the capacity to obstruct good care and decision-making at the end of life. The findings also indicate that ethics in palliative care is mainly about good process rather than theory and that effective, appropriate and sensitive work with families is necessary for good palliative care to be delivered.

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The final mechanical properties of hot stamped components are affected by many process and material parameters due to the multidisciplinary nature of this thermal-mechanical-metallurgical process. The phase transformation, which depends on the temperature field and history, determines the final microstructure and consequently the final mechanical properties. Tailored hot stamping parts - where the cooling rates are locally chosen to achieve structures with graded properties - has been increasingly adopted in the automotive industry. In this case, the robustness of final part properties is more critical than in the conventional hot stamping parts, where the part is fully quenched. In this study, a wide range of input parameters in a generalized hot stamping model have been investigated, examining the effect on the temperature history and resulting final material properties. A generic thermo-mechanical finite element model of hot stamping was created and a modified phase transformation model, based on Scheil's additive principle, has been applied. The comparison between modeling and experiments shows that the modified phase transformation model coupled with the incubation time provides higher accuracy on the simulation of transformation kinetics history. The robustness of four conditions relevant to tailored hot stamping was investigated: heated tooling (with low and high tool conductance), air cooling, and conventional hot stamping. The results show the high robustness of the conventional hot stamping compared to tailored hot stamping, with respect to the stamped component's final material properties (i.e. phase fraction and hardness). Furthermore, tailored hot stamping showed higher robustness when low conductivity tools are used relative to high conductivity tools.

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Bayesian nonparametric models are theoretically suitable to learn streaming data due to their complexity relaxation to the volume of observed data. However, most of the existing variational inference algorithms are not applicable to streaming applications since they re-quire truncation on variational distributions. In this paper, we present two truncation-free variational algorithms, one for mix-membership inference called TFVB (truncation-free variational Bayes), and the other for hard clustering inference called TFME (truncation-free maximization expectation). With these algorithms, we further developed a streaming learning framework for the popular Dirichlet process mixture (DPM) models. Our ex-periments demonstrate the usefulness of our framework in both synthetic and real-world data.

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Seeking better understanding of the relationship between criminal law and surveillance demands investigating the evolving nature of sovereignty in an era of transnational digital information flows. While territorial boundaries determine the limits of police investigative and surveillance powers under the criminal law, several recent United States (US) examples demonstrate how new forms of extraterritorial surveillance that enable police to access online communications by foreign citizens and digital information stored in offshore locations are authorized by US courts. This discussion outlines how the processes of mutual legal assistance that ordinarily govern the search, seizure and transfer of digital evidence from one jurisdiction to another are increasingly considered to undermine police efficiency, even though they protect the due process rights afforded to crime suspects under established principles of sovereignty (Palmer and Warren 2013).

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A key element in Australian policing in recent years is the growth of police-imposed discretionary summary justice. The rise and impact of on-the-spot fines, infringement notices, exclusion orders and move-on powers enable police-initiated resolutions and punishments to be imposed, often without legal or judicial intervention. These operational policing mechanisms reflect underlying pressures to reduce costs, ease the burden on the court system, and speed up the decision-making process, but when viewed from a human rights perspective the potential consequences are significant. Focusing on the legislative development of banning notices in Victoria, this article highlights the impact of such a police-imposed punishment upon individual due process procedural protections. Banning notices deny the recipient the right to conduct a defence, undermine the presumption of innocence, and conflate notions of pre-emption and punishment. The rhetoric upon which the banning notice legislation is predicated obviates meaningful scrutiny of the diminution of individual rights that are implicit in its enactment. A perceived ‘need’ to control disorder and ‘re-balance’ justice to prioritise community protection is used to legitimise any consequential impact upon the principles of criminal law, due process and human rights.