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Rethinking Maltese Legal Hybridity: A Chimeric Illusion Or A Healthy Grafted European Law Mixture?, Kevin Aquilina

Journal of Civil Law Studies

Although Maltese Law is traditionally classified as a mixed system of Civil Law and Common Law, this paper suggests that it is more appropriate to do away with this designation, which is not entirely exact, and instead call it what it really is, namely, a ‘European’ legal system.

The paper proposes a typology of the Maltese legal system divided into nine distinct phases which contain traces of Civil Law, Common Law, Customary Law, Canon Law, Maltese Autochthonous Law, European Union Law, Regional Law (Mediterranean Law and, in its widest sense, European Law), Public International Law and elements of foreign national …

From Capitulations To Unequal Treaties: The Matter Of An Extraterritorial Jurisdiction In The Ottoman Empire, Eliana Augusti

Journal of Civil Law Studies

In the nineteenth century, justice in the Ottoman Empire appeared to international jurists deeply corrupted and far from the Western model. European consular jurisdictions, as in the past, solved this embarrassment in the prevalent and private interest of Western States in order to control the Mediterranean area. This perpetrated abjuration to recognize an autonomous and sovereign Ottoman administration of justice in civil or criminal cases in which foreigners were involved continued, in spite of the fact that the Porte provided excellent examples of intersection, reception and appropriation of foreign models to construct a new legal system, and to transform society. …

The Mediterranean Hybridity Project: Crossing The Boundaries Of Law And Culture, Seán Patrick Donlan

Journal of Civil Law Studies

No abstract provided.

The Mediterranean Legacy In The Concept Of Sovereignty: A Case Of Legal And Philosophical Hybridity, Alessio Lo Giudice

Journal of Civil Law Studies

The ideas of centralized political power and monarchy that emerged from the Mediterranean world are among the most important philosophical bases for the concept of sovereignty. My thesis is that the normative idea of an absolute, independent, and exclusive center of power originates in a complex case of philosophical hybridity. It is the outcome of the alternation between the conception of the Sovereign as representing the supreme power (the indirect theory) and the conception of the Sovereign as directly containing that power (the direct theory). The former conception is usually associated with the history of Western political culture and the …

How Was Judicial Power Balanced In Malta In Early Modern Times? A Cursory Look At The Maltese Legal System Through A Historical Perspective, Simon Mercieca

Journal of Civil Law Studies

No abstract provided.

Article 1045 Of The Maltese Civil Code: Is Compensation For Moral Damage Compatible Therewith?, Claude Micallef-Grimaud

Journal of Civil Law Studies

The paper focuses on Article 1045 of the Maltese Civil Code regulating liquidation of compensation (damages) under Maltese tort law and examines whether or not compensation for moral damage is compatible therewith. French law and Austrian law (being the main sources of Article 1045) are analysed and contrasted with the peculiarities of Maltese tort law whilst the motivations of the original legislator (Sir Adriano Dingli) are also critically discussed. The paper subsequently examines the dichotomy between responsibility in tort and damages under Maltese tort law and concludes by analysing some selected case law.

Mare Nostrum As The Cauldron Of Western Legal Traditions: Stirring The Broth, Making Sense Of Legal Gumbo Whilst Understanding Contamination, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

A Jurilinguistic Study Of The Trilingual Civil Code Of Québec, Jimena Andino Dorato

Journal of Civil Law Studies

L’auteure souhaite, par cet article, présenter la jurilinguistique comme une discipline en croissance pouvant apporter une approche originale à la recherche. Afin d’illustrer son propos, elle étudie les différentes étapes du processus de traduction en espagnol du Code Civil du Québec ayant mené à la publication d’un Code trilingue. Son analyse met en relief les difficultés rencontrées en cours de route par les traducteurs et réviseurs et, plus particulièrement, les spécificités de la traduction d’une loi bilingue vers une tierce langue.

The author seeks, with this article, to introduce jurilinguistics as a growing discipline that could contribute a new and …

George Dargo, Jefferson’S Louisiana: Politics And The Clash Of Legal Traditions, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.4 Number 2

Journal of Civil Law Studies

No abstract provided.

Extract The Knowledge Structure Of Medical Problem Solving: Learning From Cognitive Science, Der-Fang Chen, Tsuen-Chiuan Tsai

Journal of Medical Education

Medical diagnosis is a central component of medical competency, while being considered a challenge for young physicians. Teaching the ways that medical experts solve clinical problems will enhance students' learning gains. However, medical problems are often dealt differently across cases, physicians, and expertise levels. In order to extract expertise from experts, this study is to review and summarize the techniques for expertise extraction in the field of cognitive science, and explored the relevancy for studying medical problem-solving. Methods: The literature and books on ”extracting expertise” in medicine or in other fields are retrieved. The expertise extraction techniques included those being …

Problem-Based Learning Curriculum: Problems And Possible Solutions, Robert M. K. W. Lee

Journal of Medical Education

The use of problem-based learning (PBL) approach in education by medical schools around the world is still evolving based on local environmental factors, such as the willingness and ability of the teachers to adjust to this style of learning, and government regulations. In this article, I will present my personal views on the problems and challenges teachers/tutors may face in different components of a PBL medical education, and suggest some solutions or approaches PBL teachers may wish to consider in confronting or solving these problems. I will focus on lectures, tutorial process, teaching of clinical skills, and evaluation. In the …

Educating Medical Students To Appreciate The Value Of Life: Implementing Practices For Teaching Empathy At The Medicaluniversity Level, Yu-Hua Liu, Wing P. Chan

Journal of Medical Education

Purpose: The aim of this study was to assess our teaching the value and meaning of life to our freshman medical students before they received their medical education, using a two stage approach known as ”Life Gardener.” Methods: We prospectively recruited 165 Year-1 medical students. In the first stage (”Sapling Care Operations”), which started at the beginning of the semester, students looked after a small flowering houseplant commonly known as the ”African violet” for sixteen weeks. The purpose of the care process was to inspire students to observe the life and death struggle and to contemplate factors affecting quality of …

The Relationship Among Personality Traits, Perceived Emotional Intelligence, Andphysician Empathy In Medical Students, Molly Hsieh, Yi-Hsuan Wang

Journal of Medical Education

Objectives: Empathy is an essential factor for physician-patient communication. Personality traits and emotional intelligence can enhance the quality of one's empathic relating. This study explored the relationships among personality traits, perceived emotional intelligence (PEI), and physician empathy in medical students. Methods: Three hundred and twenty-three Taiwanese medical students completed a survey packet consisting of three standardized instruments: the Mini-Marker Scale, the Trait Meta-Mood Scale (TMMS), and the Jefferson Scale of Physician Empathy ‒ Student Version (JSPE-S). Results: Male medical students had higher scores in ”Neuroticism” than did the female respondents. Students in Years 2 and 3 had higher ”Neuroticism” scores …

Students' Perception And Acceptance Of Problem-Based Learning (Pbl) In A Hybrid Traditional-Pbl Curriculum, Si Mui Sim, Lay Hoong Lian, M. S. Kanthimathi, Meow Keong Thong, Nget Hong Tan

Journal of Medical Education

Even though there are several variants in its implementation, problem-based learning (PBL) is essentially a form of student-centred learning that involves enquiry-based discussion triggered by a problem and facilitated by a tutor in small groups. In a hybrid traditional-PBL curriculum where PBL runs parallel with conventional didactic teaching, there is always a concern that such curricular arrangement may produce undesirable learning behaviour. Therefore, this paper evaluated the students' perception and acceptance of PBL in such a learning environment. PBL was introduced in a gradual manner into the first three years of a revised undergraduate medical curriculum at the University of …

Student Self Assessment On Acquiring Competencies Through Problem-Based Learning In The Preclinical Years Of Medical Education, Tan Chay-Hoon, Matthew Gwee, Dujeepa D. Samarasekera

Journal of Medical Education

Aims: This 2 part-study was to determine student self assessment on acquiring competencies for effective future learning through Problem-Based Learning (PBL) in the first 2 years of medical education in the National University of Singapore. Methodology: Part 1 was a faculty-initiated study using questionnaire with 4 point Likert scale to survey all the students in 3rd, 4th and 5th year of their study. Part 2 was a student-initiated peer questionnaire survey on the same cohort of students. Results: Part 1: The response rate was 186/232 (80%) for year 3, 162/211 (76%) for year 4 and 182/202 (90%) for year 5. …

Editorial: Press Release: African Criminology And Justice Association Policy Proposal On Black Unemployment, Biko Agozino

African Journal of Criminology and Justice Studies

No abstract provided.

How States Facilitate Small Arms Trafficking In Africa: A Theoretical And Juristic Interpretation, Dawn L. Rothe, Jeffrey Ian Ross

African Journal of Criminology and Justice Studies

Small arms’ trafficking is complex and involves a host of actors. As numerous court documents, transcripts, United Nations and NGO reports have revealed, many state institutions play a prominent role in the facilitation of, complicity in, and implicit involvement in black and grey arms trafficking. We suggest that if we are to consider the vast number of actors involved in the trafficking of small arms, the issue of controls is highly problematic, given the extent of limited applicable international legal doctrines, such as joint criminal enterprise, criminal organization, or collective criminality. Furthermore, there are broader political issues that hinder efforts …

Role Of Tobacco Promotions On Smoking, George Thomas, Rani George

African Journal of Criminology and Justice Studies

The major goal of the study was to examine the impact of tobacco promotions on smoking among African American college students. The study was conducted among undergraduate students (N=257) and incoming freshmen (N=287) in a Historically Black University. The variables in this study include gender, membership in athletic teams; membership in Greek organizations; staying in residence halls; tobacco promotion, cigarette smoking among family members; and cigarette smoking among close friends. Results of the logistic regression analyses indicate that predictors vary with the status of the students (undergraduates versus incoming freshmen) and nature of smoking (lifetime versus current smoking). The results …

Public Criminology: The Death Penalty In Trinidad News, Biko Agozino

African Journal of Criminology and Justice Studies

No abstract provided.

Re-Visiting The May 2008 Xenophobic Attacks In South Africa, Jephias Matunhu

African Journal of Criminology and Justice Studies

Xenophobia is a latent or obtrusive dislike of foreigners. It is anti-social and destructive of property and life. Xenophobic attacks in South Africa, which started around mid May in 2008 in the informal settlements of Alexandria claimed 62 lives. Thousands of foreigners were left homeless. What triggered the xenophobic attacks on foreigners? Better still, what can be done to stop xenophobia and xenophobic attacks in South Africa? This desktop research provides responses to these questions.

Criminal Liability Of The Police In Cameroon: Prospects And Challenges, Ebai Eban

African Journal of Criminology and Justice Studies

This paper looks at the institutional framework and the procedural mechanisms involved in rendering police accountable through the criminal trial process in Cameroon. The difficulties involved in getting a police agent answer for his criminal misconduct as a result of the coexistence of the civil and common-law legal systems will be of particular interest. Challenges facing the criminal trial process prior to and after the enactment of a single criminal procedure code in Cameroon are also examined and recommendation offered with the view to enhancing the criminal trial of police officers in Cameroon without hampering the smooth running of their …

Individualism And Collectivism In A Korean Population, Diana D. Ahn

Scripps Senior Theses

Though much research has been conducted concerning the horizontal and vertical attributes of individualism and, not much has been done comparing and contrasting an Eastern culture, collectivism to a specific aspect of American culture, individualism, such as Korean American. The 32-item INDCOL scale was used to measure the 4 attributes (Singelis et al., 1995). Contrary to the proposed hypothesis, this study found high scores in horizontal individualism in Korean American participants and high scores in horizontal individualism and horizontal collectivism in Korean participants. These results could indicate a shift towards a different attribute in the Korean and Korean American community.

High Temperature Thermodynamic Properties Of Znte(S), Robert F. Brebrick

Mechanical Engineering Faculty Research and Publications

We have gathered the partial pressure, Knudsen cell, and emf measurements on ZnTe(s) from which the Gibbs energy of formation can be calculated. Published partial pressures of diatomic tellurium have been adjusted to take account of a subsequently published third law analysis of tellurium. The equation used to calculate the total pressure from the rate of mass loss from an extensive set of Knudsen cell measurements has been corrected to give a 5% increase in total pressure and the Gibbs energy of formation has been recalculated. A high temperature heat capacity for ZnTe(s) has been selected from the published data. …

Capacitance Calculation For A Shared-Antipad Via Structure Using An Integral Equation Method Based On Partial Capacitance, Hanfeng Wang, Albert E. Ruehli, Jun Fan

Electrical and Computer Engineering Faculty Research & Creative Works

An integral equation method used for capacitance extraction for axially symmetric geometries is extended in this paper to calculate the via-plane capacitances in shared-antipad via structures, by changing the circular ring cells to arc ones. the proposed method is validated with a commercial finite element method-based tool for a typical structure used in modern high-speed printed circuit design. © 2011 IEEE.

Funding Continuum For Private Business Owners: Evidence From The Pepperdine Private Capital Markets Project Survey, Maretno A. Harjoto, John K. Paglia

The Journal of Entrepreneurial Finance

The Pepperdine Private Capital Markets Project survey for business owners, administered during the spring of 2010, reveals an increasingly important role of friends and family (Friends/Family) to provide capital for privately-held businesses. Examining business owners’ perceptions of their sources of capital reveals that, overall, business owners prefer Friends/Family and angel financing as well as asset-based lenders and banks (ABL/Bank). Business owners consider Friends/Family financing to be the least costly. However, business owners also believe venture capital (VC), private equity (PE), and angels provide more benefits than friends/family and ABL/Bank. This study unveils a detailed spectrum of the funding continuum for …

Putting Ratios Into A Firm Value Context For Entrepreneurs And Entrepreneurship Students, Tom Arnold

The Journal of Entrepreneurial Finance

Ratio analysis is generally presented as something that has to be calculated after completing other financial statements and is generally viewed, particularly by students, as busy-work with little value. This paper changes the context of ratio analysis in order to demonstrate how a focus on the information provided by ratios adds to the value of the firm. By dissecting the valuation of a publicly traded firm using a price to earnings ratio multiplier, value generating factors in the form of ratios, can be inferred for smaller non-publicly traded ventures.

Brand Reputation And The Cost Of Capital: Evidence Of Adopting A Brand Name As The Corporate Name, Yilin Wu

The Journal of Entrepreneurial Finance

This paper studies how the capital market perceives brand name adoption. I distinguish between brand adoption and radical type of corporate name change. A brand adoption name change occurs when the firm adopts one of its well-established brands as its new corporate name and a radical type occurs when the new name is semantically unrelated to firm history. Improved profitability and increased net investment accompany brand name adoption. After controlling for changes in the competing information sources, the accompanying improved economic performance, and the endogeneity of the decision to adopt a brand name, I find that, while there are no …

Sovereign Wealth Funds: An Exploratory Study Of Their Behavior, Ali Fatemi, Iraj Fooladi, Nargess Kayhani

The Journal of Entrepreneurial Finance

Sovereign wealth funds have recently moved to the front and center of discussion, both within the investment world and the political arena. In this paper we evaluate the differences and common features of these funds. Utilizing an ownership database, we probe the ownership, geographic, and industry concentration of the funds deployed by these entities. We also compare and contrast the main features of two of the largest sovereign wealth funds.

E-Readiness And Entrepreneurship: A Cross Country Study Of The Link Between Technological Infrastructure And Entrepreneurial Activity, Richard L. Constand, Arthur H. Gilbert, Jr.

The Journal of Entrepreneurial Finance

This current study focuses on the relationship between a country’s e-readiness environment and entrepreneurial activities. Many government policies assume there is a direct causal relationship between e-readiness and entrepreneurial activity and some past studies have reported evidence supporting such a link. In this paper, a cross country panel data analysis using three different measures of entrepreneurial activity and different measures of e-readiness examines this relationship. The results of this study provide only weak support for the hypothesized relationship. Furthermore, the results appear to be very sensitive to the choice of proxy variables chosen to represent entrepreneurial activity and the different …