57,737 research outputs found
What Discourages Participation in the Lay Judge System (Saiban’in Seido) of Japan? Interaction between the Secrecy Requirement and Social Networks.
No full textThe lay judge system, a quasi-jury system, was introduced in Japan from May 2009. This paper attempts to analyze Japanese people’s attitude towards this system by examining whether they show a willingness to serve as a lay judge. The major findings from regression analysis are: (1) In general, people with a spouse inclined to adopt a negative attitude about serving as a lay judge. This tendency is, however, not observed in large cities. (2) Long-time residents and homeowners are more likely to have a negative attitude about serving as a lay judge. These results show that a tightly knitted interpersonal social network discourages people from serving as a lay judge. Because of the life time secrecy obligation and the penalty provisions for those who break this obligation, people with closer interpersonal ties are under greater pressure and strains, leading to larger psychological cost. The obligation and its penalty should be eased to improve people’s attitudes about serving as a lay judge.Lay judge system; Social network; Secrecy requirement
Myths of merit. Judicial diversity and the image of the superhero judge
No full textThis thesis is a critical analysis of reforms of the judicial appointments process which are designed to encourage judicial diversity. It does so by applying the concept of myth to law, and argues that because the judge is understood as a superhero, the definition of judicial merit has come to reflect this ideal, which is neither accurate nor sufficient. It neither reflects what judges do, nor adequately describes what it is that judges should do. Therefore it is argued that attempts to diversify the judiciary are limited by the image of the superhero judge, which, in this thesis, is described as myth, with distinct socio-cultural effects. It is argued that there are two potential methods of approaching judicial diversity. The first is diversity of form, which focuses on gender, ethnic background, different levels of physical ability and economic status of the individual. The second is diversity of thought, which focuses on achieving a judiciary diverse in terms of its experience of and approaches to the law. In order to argue that diversity of thought is preferable to diversity of form, this thesis discusses in depth the decision making processes of the most 'different' law lord, namely Baroness Hale, who, as the first female and the first academic law lord, represents both diversity of form and diversity of thought. This thesis argues that her difference is not a result of her gender, but a result of her different experiences with and approaches to the law. The argument put forward in this thesis is that in understanding the judge as superhero, identified in this thesis as the Herculean image of the judge, the role of the judiciary is limited. This thesis argues that the role of the judge has changed in the wake of the Human Rights Act 1998. The role of the judge has become more politicised, and as such it is necessary to revisit popular understandings of the judge. It is argued that the reforms to the judicial appointments process confirm the ideal of the superhero judge and reflect an expectation that the 'different’ judges, that is, judges from different backgrounds, will simply confirm to the superhero or Herculean ideal. This thesis then puts forward the image of Loki, the trickster god of Norse mythology, as a more attractive judicial image, arguing that the changes in the judicial role require an image of the judge which is more flexible and able to accommodate different experiences, understandings and approaches to the law
A 2 h periodic variation in the low-mass X-ray binary Ser X-1
No full textSpectroscopy of the low-mass X-ray binary Ser X-1 using the Gran Telescopio Canarias have revealed a ?2 h periodic variability that is present in the three strongest emission lines. We tentatively interpret this variability as due to orbital motion, making it the first indication of the orbital period of Ser X-1. Together with the fact that the emission lines are remarkably narrow, but still resolved, we show that a main-sequence K dwarf together with a canonical 1.4 M? neutron star gives a good description of the system. In this scenario, the most likely place for the emission lines to arise is the accretion disc, instead of a localized region in the binary (such as the irradiated surface or the stream-impact point), and their narrowness is due instead to the low inclination (?10°) of Ser X-1
Judge-target trait similarity and accuracy: Does it 'take one to know one'?
No full textAccurate personality judgement has become increasingly important in the workplace, as research indicates that other-ratings of personality may be promising predictors of performance. The effect of personality similarity on judgment accuracy presents a novel approach for studying factors associated with accurate judgement. The objective of this study was to investigate the relationship between judge-target personality trait similarity and accuracy in judging personality. It is proposed that judges whom have high levels of a certain trait, are more proficient at detecting and utilising behavioural cues related to the same trait, thereby leading to higher trait judgment accuracy. Previous literature has indicated that demographic similarity between judge and target may contribute to accurate personality judgement. However, there appears to be a lack of research on the effect of personality similarity on judgment accuracy. Survey questionnaires were administered to a convenience sample of 186 university students. The Big Five Inventory was used to measure participants' personality traits, whilst hypothetical personality descriptions of five applicants were used to serve as targets for rating personality. Subject matter experts' ratings were used as ?true scores' for the derivation of accuracy measures for each judge. Finally, we correlated judges' personality traits with accuracy of judging corresponding personality traits, across targets. No significant positive relationships were found between judges' personality trait scores and their judgemental accuracy of corresponding traits across targets. Judges with low levels of a trait, could judge targets with low levels of the same trait just as accurately as those judges with high trait levels, and vice versa. Apparently, cue detection and utilisation for a specific trait is not improved when judges share a particular trait with the target. This study provides organisations with limited empirical findings to inform training or selection of judges, aside from the recommendation that judges of personality may be sensitised about factors influencing their ratings. Contribution/value add: The results of this study indicated that trait expertise does not emanate from being high on the trait being judged. This finding enhances our understanding of the factors that influence judgment accuracy
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Sam D. Johnson invites Dr. Hector P. Garcia to attend his ceremony to be sworn in as a Circuit Judge
No full textSam D. Johnson, Justice of The Supreme Court of Texas, writes to Dr. Hector P. Garcia inviting him to attend the ceremony for him to be sworn into office as Circuit Judge, United States Court of Appeals for the Fifth Circuit
Extracting Boer-Mulders functions from p+D Drell-Yan processes
No full textWe extract the Boer- Mulders functions of valence and sea quarks in the proton from unpolarized p + D Drell- Yan data measured by the FNAL E866 Collaboration. Using these Boer- Mulders functions, we calculate the cos2 phi asymmetries in unpolarized pp Drell- Yan processes, both for the FNAL E866/ NuSea and the BNL Relativistic Heavy Ion Collider experiments. We also estimate the cos2 phi asymmetries in the unpolarized p (P) over bar Drell- Yan processes at GSI.Astronomy & AstrophysicsPhysics, Particles & FieldsSCI(E)37ARTICLE5null7
Hegel's Critique of Kant's Standpoint of Finitude
No full textMy central aims here are (1) to explicate and defend the claim made by Hegel and other post-Kantians that there is a contradiction at the heart of Kant’s theoretical philosophy, and (2) to provide insight into the nature of Hegel’s system by seeing how it is formed in response to this real problem in Kant. Kant is committed to a real contradiction, I claim, with his appeal to affection by the thing in itself. This appeal amounts to the claim that our reception of empirical content is unconditioned by the understanding’s activity. The claim that contradicts this emerges in Kant’s clearest explanation of how the categories make experience possible. We can see that they do so, he argues, by seeing that our reception of empirical content is conditioned by the understanding’s activity. Kant’s followers J.S. Beck and Fichte champion Kant’s latter thought. I claim that their readings are true of Kant’s best thought, even though Kant rejects them. He only rejects their interpretations because he cannot abandon the former thought. But Beck and Fichte see, as Kant does not, that a commitment to thing-in-itself affection in light of Kant’s explanation of how the categories make experience possible would constitute what Hegel later calls “a self-contradictory ambiguity.” Hegel’s critique of Kant’s “standpoint of finitude” diagnoses why Kant is led to affirm both of these incompatible thoughts. The philosophical motivation behind the shape Hegel’s system takes comes to light through an examination of this diagnosis
Preliminary Analysis for Sizing Packaged HVAC Systems. The Roles of Heat Recovery and Compressor Energy Consumption
No full textNowadays a person spends on average more than 90 percent of his or her time inside the confined environments: school, work, restaurants, home, etc. The time spent inside the confined environment, provides for it to be comfortable for the occupants themselves. Indoor environmental quality is technically referred to as Indoor Environmental Quality (IEQ) and is understood as the set of environmental conditions inside buildings that can affect the well-being, health and productivity of the people who reside there. The article addresses the topic of sizing a rooftop unit considering the different configurations in terms of heat recovery. Simulations were carried out for all types of heat recovery by varying the percentage of occupants of an environment and external temperature. It is expected that thermodynamic recovery would be the most efficient of all, however for certain operating conditions it is not always guaranteed
Judge Learned Hand and the role of the Federal judiciary / Kathryn Griffith
No full textIncludes bibliographical references (p. 236-240) and indexGUL copy owned by Charles E. Wyzanski, Jr. (1906-1986), U.S. District Judge (D. Mass) (1941-1986); GUL copy annotated by Judge Wyzansk
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