914 resultados para Lawyers representing clients
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Thèse numérisée par la Direction des bibliothèques de l'Université de Montréal.
Representing clinical documents to support automatic retrieval of evidence from the Cochrane Library
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The overall aim of our research is to develop a clinical information retrieval system that retrieves systematic reviews and underlying clinical studies from the Cochrane Library to support physician decision making. We believe that in order to accomplish this goal we need to develop a mechanism for effectively representing documents that will be retrieved by the application. Therefore, as a first step in developing the retrieval application we have developed a methodology that semi-automatically generates high quality indices and applies them as descriptors to documents from The Cochrane Library. In this paper we present a description and implementation of the automatic indexing methodology and an evaluation that demonstrates that enhanced document representation results in the retrieval of relevant documents for clinical queries. We argue that the evaluation of information retrieval applications should also include an evaluation of the quality of the representation of documents that may be retrieved. ©2010 IEEE.
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Thèse numérisée par la Direction des bibliothèques de l'Université de Montréal.
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The UK construction industry is notorious for the sheer amount of disputes which are likely to arise on each building and engineering project. Despite numerous creative attempts at “dispute avoidance” and “dispute resolution”, this industry is still plagued with these costly disputes. Whilst both academic literature and professional practices have investigated the causes of disputes and the mechanisms for avoidance/resolution of these disputes, neither has studied in any detail the nature of the construction disputes and why they develop as they do once a construction lawyer is engaged. Accordingly, this research explores the question of what influences the outcome of a construction dispute and to what extent do construction lawyers control or direct this outcome? The research approach was ethnographic. Fieldwork took place at a leading construction law firm in London over 18 months. The primary focus was participant observation in all of the firm’s activities. In addition, a database was compiled from the firm’s files and archives, thus providing information for quantitative analysis. The basis of the theoretical framework, and indeed the research method, was the Actor‐Network Theory (ANT). As such, this research viewed a dispute as a set of associations – an entity which takes form and acquires its attributes as a result of its relations with other entities. This viewpoint is aligned with relational contract theories, which in turn provides a unified platform for exploring the disputes. The research investigated the entities and events which appeared to influence the dispute’s identity, shape and outcome. With regard to a dispute’s trajectory, the research took as its starting point that a dispute follows the transformation of “naming, blaming, claiming…”, as identified by Felstiner, Abel and Sarat in 1980. The research found that construction disputes generally materialise and develop prior to any one of the parties approaching a lawyer. Once the lawyer is engaged, we see the reverse of the trajectory “naming, blaming, claiming…” this being: “claiming, blaming, naming…” The lawyers’ role is to identify or name (or rename) the dispute in the best possible light for their client in order to achieve the desired outcome – the development of which is akin to the design process. The transformation of a dispute and the reverse trajectory is by no means linear, but rather, iterative and spatial as it requires alliances, dependencies and contingencies to assemble and take the shape it does. The research concludes that construction disputes are rarely ever completely “resolved” as such. Whilst an independent third party may hand down a judgment, or the parties may reach a settlement agreement, this state is only temporal. Some construction disputes dissipate whist others reach a state of hibernation for a period of time only to pick up momentum and energy some years later. Accordingly, this research suggests that the concept of “dispute resolution” does not exist in the UK construction industry. The ultimate goal should be for parties to reach this ultimate and perpetual state of equilibrium as quickly and as cost effectively as possible: “dispute dissolution”, the slowing down of the dispute’s momentum. Rather than focusing on the design and assemblage of the dispute, the lawyers’ role therein is, or should be, to assist with the “disassembling” of the dispute.
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This article proposes a reflection on what the historian Saul Friedlander called “the limits of representation” of the massacres and genocides, in order to provide evidence to help settle the old debate about the Holocaust unrepresentability. To achieve this, we will carry out a textual analysis of five of the most painful images that the American photographer Lee Miller realized in the Nazi concentration camps of Buchenwald and Dachau, in April 1945. The war correspondent, who had been Man Ray’s assistant photographer, muse and lover, witnessed the horror, and if she knew how to represent it, that was, in a great extent, thanks to its surreal look.
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This article examines the particular experiences of female ‘cause lawyers’ in conflicted and transitional societies. Drawn from an ongoing comparative project which involved fieldwork in Cambodia, Chile, Israel, Palestine, Tunisia and South Africa, the paper looks at opportunities, obstacles and the obduracy required from such lawyers to ‘make a difference’ in these challenging contexts. Drawing upon the theoretical literature on the sociology of the legal profession, cause-lawyers, gender and transitional justice, and the structure/agency nexus, the article considers in turn the conflict\cause-lawyering intersection and the work of cause-lawyers in transitional contexts. It concludes by arguing that the case-study of cause-lawyers offers a rebuttal to the charge that transitional justice is just like ‘ordinary justice’. It also contends that, notwithstanding the durability of patriarchal power in transitional contexts, law remains a site of struggle, not acquiescence, and many of these cause-lawyers have and continue to exercise both agency and responsibility in ‘taking on’ that power.
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This article reports on the results of a study on men who pay for sex across Ireland. In presenting a detailed picture of the diverse group of sex workers’ clients, their motives and attitudes, we debunk the prevalent stereotypes about men who pay for sex, as continuously used in the public discourse about sex work on both sides of the Irish border: we show that the majority of clients do not fit the image of violent, careless misogynists. We argue that these debates about commercial sex as well as the experiences of those who pay for sex are shaped and nurtured by the specific local context, by conservative Christian morals and the dominant sex-negative culture across Ireland. Finally, we argue that the criminalization of paying for sex which came into effect in Northern Ireland in 2015 and is being discussed in the Republic of Ireland will likely not stop the majority of clients from paying for sex and thus fail to achieve its aim to reduce or abolish sex work.
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Focusing on post-apartheid South Africa, the report explores the role of lawyers in truth recovery mechanisms.
The report was prepared by Dr Rachel Killean and draws on a series of interviews conducted in South Africa (with legal academics, ‘struggle’ lawyers, state lawyers, judges and human rights activists) as part of the wider Lawyers, Conflict and Transition project.
Dr Killean begins with an overview of the various roles the legal profession has played in South Africa, both during the apartheid era and post-transition.
The first half of the report then explores the role of lawyers as professional participants – firstly at the South African Truth and Reconciliation Commission and secondly in the Marikana Commission of Inquiry.
The report then considers the notion of lawyers as subjects of truth recovery, looking in particular at the Special Legal Hearing on the legal profession as part of the South African Truth and Reconciliation Commission.
In the concluding section Killean reflects on the extent to which lawyers influence the procedures and outcomes of truth recovery mechanisms and offers some concrete suggestions as to how the involvement of lawyers in such processes might be more effectively managed.
With regard to lawyers as subjects of truth recovery, she acknowledges the limitations of the South African model but posits that the endeavour must be applauded, not least because it demonstrated that it is possible to scrutinise the role of the legal profession in past conflict, and that it is worth wrestling with the associated challenges.
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Software Architecture is a high level description of a software intensive system that enables architects to have a better intellectual control over the complete system. It is also used as a communication vehicle among the various system stakeholders. Variability in software-intensive systems is the ability of a software artefact (e.g., a system, subsystem, or component) to be extended, customised, or configured for deployment in a specific context. Although variability in software architecture is recognised as a challenge in multiple domains, there has been no formal consensus on how variability should be captured or represented. In this research, we addressed the problem of representing variability in software architecture through a three phase approach. First, we examined existing literature using the Systematic Literature Review (SLR) methodology, which helped us identify the gaps and challenges within the current body of knowledge. Equipped with the findings from the SLR, a set of design principles have been formulated that are used to introduce variability management capabilities to an existing Architecture Description Language (ADL). The chosen ADL was developed within our research group (ALI) and to which we have had complete access. Finally, we evaluated the new version of the ADL produced using two distinct case studies: one from the Information Systems domain, an Asset Management System (AMS); and another from the embedded systems domain, a Wheel Brake System (WBS). This thesis presents the main findings from the three phases of the research work, including a comprehensive study of the state-of-the-art; the complete specification of an ADL that is focused on managing variability; and the lessons learnt from the evaluation work of two distinct real-life case studies.
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Enterprise apps on mobile devices typically need to communicate with other system components by consuming web services. Since most of the current mobile device platforms (such as Android) do not provide built-in features for consuming SOAP services, extensions have to be designed. Additionally in order to accommodate the typical enhanced security requirements of enterprise apps, it is important to be able to deal with SOAP web service security extensions on client side. In this article we show that neither the built-in SOAP capabilities for Android web service clients are sufficient for enterprise apps nor are the necessary security features supported by the platform as is. After discussing different existing extensions making Android devices SOAP capable we explain why none of them is really satisfactory in an enterprise context. Then we present our own solution which accommodates not only SOAP but also the WS-Security features on top of SOAP. Our solution heavily relies on code generation in order to keep the flexibility benefits of SOAP on one hand while still keeping the development effort manageable for software development. Our approach provides a good foundation for the implementation of other SOAP extensions apart from security on the Android platform as well. In addition our solution based on the gSOAP framework may be used for other mobile platforms in a similar manner.
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The aim of the thesis was to collect baseline data and to investigating suitable physical tests and a self-rapport questionnaire. Collected data was used to find a routine measurement when investigating foot health, function and mobility among clients suffering from diabetes in Samoa. Twenty-one participants suffering from diabetes were included in the study. Clients answered the Foot function index (FFI) questionnaire and performed physical tests, consisting of Bergs balance scale (BBS) and Time up and go (TUG). Results from the physical tests revealed a great balance disturbance and mobility limitations among the majority of the clients. General high weight and BMI was measured among both genders. Subjects with the highest BMI performed lowest time during TUG test. The statistic analyze revealed a strong correlation between the two physical tests, indicating that one of the tests could be applied as a routine measurement in the future, when evaluating function and mobility in Samoa. The compilation of self-report questionnaires indicated a general good foot health with a low amount of pain, disabilities and activity limitations.
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Abstract not available