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    المركز القانوني لطرفي علاقة العمل في ظل جائحة (كوفيد-19): حالة قطر وفلسطين

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    تناولت الدراسة أثر فيروس كورونا (كوفيد-19) على عقود العمل في قانوني العمل القطري والفلسطيني، في الوقت الذي خلا فيه هذان القانونان من نصوص خاصة وصريحة تعالج الحالة محل البحث. استخدمت الدراسة المنهج التحليلي المقارن لتكييف الجائحة، والتدابير الحكومية المتخذة بصددها، وإسقاط نتيجة هذا التكييف على عقود العمل، وما يحتمل أن ينشأ عنها من نزاعات. هدفت الدراسة إلى التوصل لحلول قانونية لهذه النزاعات المختلفة بما ينسجم مع قانون العمل ومصادره المختلفة، والقانون المدني. وخلصت إلى عدم ملائمة النصوص الحالية في قوانين العمل، والقواعد العامة في نظريتي القوة القاهرة والظروف الطارئة، ما يستدعي إجراء تدخلات تشريعية؛ لمعالجة آثار الحوادث العامة الاستثنائية، وإغلاق المنشآت، على التزامات طرفي علاقة العمل، حفاظًا على أداء الاقتصاد الوطني، ورفعًا للضرر عن المتعاقدين بشكل عادلThe study addressed the impact of the Corona virus (Covid-19) on labour contracts in Qatari and Palestinian labor laws, while these two laws did not include special and explicit provisions dealing with the case in question. The study used the comparative analytical method to characterize the pandemic, and the governmental measures taken in this regard, to apply the result of this characterization to labour contracts and the potential disputes that arise therefrom. The study aimed at finding legal solutions to these various disputes in a manner consistent with the labor law, its various sources, and the civil law. It is concluded that the current legal texts in labor laws and the general rules of the theories of force majeure and hardship are not appropriate in such a context. Accordingly, the study calls for legislative interventions to address the impact of unusual public incidents and closure of facilities on the obligations of parties to labor relatio

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Variations on the Author

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    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship

    Appropriate Similarity Measures for Author Cocitation Analysis

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    We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis

    Formation of contract under the Islamic Majallah and UNIDROIT Principles of 2010

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    Peer-reviewedThis article focuses on the rules for creating contracts under the Islamic Majallah and UNIDROIT Principles of 2010. The research uses an analytical approach and comparative Arab jurisprudence. To compare the Majallah and UNIDROIT Principles academically, this article’s focus is especially on countries where the civil law originated from the Majallah. Such countries include Jordan, Kuwait, and the United Arab Emirates. Here we show that the Majallah generally agrees with the UNIDROIT Principles regarding the rules of contract formation. The main points of disagreement between the two are seen in a very limited number of concepts

    Dispelling the Myths Behind First-author Citation Counts

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    We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more sophisticated methods

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    Compensability of moral damage in Islamic contract law: A comparative analysis of the Palestinian, Jordanian and Qatari civil codes

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    © 2019 Brill Academic Publishers. All rights reserved. This study explores Islamic law's position towards the compensation of natural and juridical persons for moral damage within the scope of contractual liability in view of divergent and unclear legal and judicial opinions in Arab countries. One line of argument makes a distinction in the approach to tort and contractual liability. As a result, courts have been influenced by these opinions. In contrast, other jurists have not taken great pains to reach a different discretion in search of the truth. To enrich this study, to ensure a sound interpretation of the true situation, and in an attempt to draw a closer link between the positions of Islamic law and Latin law, the study provides a comparison between the civil codes of three Arab countries: Palestine, Jordan and Qatar

    The Challenge of the Enforcement of the Rule of Law and Governance in Palestine: The Tribal Justice System and the Rule of Power

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    The article addresses the system of tribal justice and the rule of power in the Occupied Palestinian Territories as two key obstacles to the enforcement of the rule of law and governance. The article presents the legal grounds for the involvement of tribesmen in resolving disputes among citizens outside the rule of law. It goes on to analyze the role and interest of the executive authority in encouraging the involvement of tribes while the authority continues to interfere in the affairs of the official judiciary in both functional and structural terms. It also explores a number of illegal legislative and regulatory interventions made by the president of the executive authority with the effect of undermining official institutions supporting good governance and transparency. The article finds that it is impossible to enforce the rule of law in the Occupied Palestinian Territories as a result of existing practices that are difficult to change without renewing constitutional legitimacy by referring to the people as the source of authority for criminalizing any act contrary to or impeding the rule of law, or impeding or encroaching on the jurisdiction of the official judiciary
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