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Journal articles on the topic 'Conflict clauses'

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1

Chowdhury, Md Solimul, Martin Müller, and Jia-Huai You. "Exploring Conflict Generating Decisions: Initial Results (Extended Abstract)." Proceedings of the International Symposium on Combinatorial Search 17 (June 1, 2024): 267–68. http://dx.doi.org/10.1609/socs.v17i1.31574.

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Boolean Satisfiability (SAT) is an NP-complete problem, indicating its inherent computational hardness. However, Conflict Driven Clause Learning (CDCL) SAT solvers efficiently tackle large instances in diverse domains. Swift conflict identification is crucial for effective problem-solving, as conflicts lead to the learning of search space pruning clauses, pinpointing the root causes of conflicts and preventing their recurrence. CDCL decision heuristics prioritize variables that participated in recent conflicts, anticipating rapid conflict generation and expediting additional clause learning. I
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2

Bonet, M. L., S. Buss, and J. Johannsen. "Improved Separations of Regular Resolution from Clause Learning Proof Systems." Journal of Artificial Intelligence Research 49 (April 23, 2014): 669–703. http://dx.doi.org/10.1613/jair.4260.

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This paper studies the relationship between resolution and conflict driven clause learning (CDCL) without restarts, and refutes some conjectured possible separations. We prove that the guarded, xor-ified pebbling tautology clauses, which Urquhart proved are hard for regular resolution, as well as the guarded graph tautology clauses of Alekhnovich, Johannsen, Pitassi, and Urquhart have polynomial size pool resolution refutations that use only input lemmas as learned clauses. For the latter set of clauses, we extend this to prove that a CDCL search without restarts can refute these clauses in po
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Purnamasari, Wulan, Elza Syarief, and Rina S. Shahrullah. "The Conflict of Trade Secret Protection and Workers’ Rights in Non-Competition Clauses." SIGn Jurnal Hukum 5, no. 1 (2023): 168–81. http://dx.doi.org/10.37276/sjh.v5i1.273.

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This study aims to scrutinize the Non-Competition Clauses in employment contracts as a manifestation of trade secrets and understand how these clauses impact an individual’s right to choose employment. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that including Non-Competition Clauses in employment contracts by employers is a strategic measure to protect trade secrets from competitors. However, every contract must fulfill the r
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Krüger, Tom, Jan-Hendrik Lorenz, and Florian Wörz. "Too much information: Why CDCL solvers need to forget learned clauses." PLOS ONE 17, no. 8 (2022): e0272967. http://dx.doi.org/10.1371/journal.pone.0272967.

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Conflict-driven clause learning (CDCL) is a remarkably successful paradigm for solving the satisfiability problem of propositional logic. Instead of a simple depth-first backtracking approach, this kind of solver learns the reason behind occurring conflicts in the form of additional clauses. However, despite the enormous success of CDCL solvers, there is still only a limited understanding of what influences the performance of these solvers in what way. Considering different measures, this paper demonstrates, quite surprisingly, that clause learning (without being able to get rid of some clause
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Кондратьев, В. С., А. А. Семенов, and О. С. Заикин. "Duplicates of conflict clauses in CDCL derivation and their usage to invert some cryptographic functions." Numerical Methods and Programming (Vychislitel'nye Metody i Programmirovanie), no. 1 (January 20, 2019): 54–66. http://dx.doi.org/10.26089/nummet.v20r106.

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Изучен феномен повторного порождения конфликтных ограничений SAT-решателями в процессе работы с трудными экземплярами задачи о булевой выполнимости. Данный феномен является следствием применения эвристических механизмов чистки конфликтных баз, которые реализованы во всех современных SAT-решателях, основанных на алгоритме CDCL (Conflict Driven Clause Learning). Описана новая техника, которая позволяет отслеживать повторно порождаемые дизъюнкты и запрещать их последующее удаление. На базе предложенных технических решений построен новый многопоточный SAT-решатель (SAT, SATisfiability), который на
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Van Poecke, Thomas, Frank Verbruggen, and Ward Yperman. "Terrorist offences and international humanitarian law: The armed conflict exclusion clause." International Review of the Red Cross 103, no. 916-917 (2021): 295–324. http://dx.doi.org/10.1017/s1816383121000321.

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AbstractWhile armed conflicts are principally governed by international humanitarian law (IHL), activities of members of non-State armed groups and their affiliates may also qualify as terrorist offences. After explaining why the concurrent application of IHL and criminal law instruments on terrorism causes friction, this article analyzes the chief mechanism for dissipating this friction: a clause excluding activities governed by IHL from the scope of criminal law instruments on terrorism. Such armed conflict exclusion clauses exist at the international, regional and national level. This artic
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Spallitta, Giuseppe, Roberto Sebastiani, and Armin Biere. "Disjoint Partial Enumeration without Blocking Clauses." Proceedings of the AAAI Conference on Artificial Intelligence 38, no. 8 (2024): 8126–35. http://dx.doi.org/10.1609/aaai.v38i8.28652.

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A basic algorithm for enumerating disjoint propositional models (disjoint AllSAT) is based on adding blocking clauses incrementally, ruling out previously found models. On the one hand, blocking clauses have the potential to reduce the number of generated models exponentially, as they can handle partial models. On the other hand, the introduction of a large number of blocking clauses affects memory consumption and drastically slows down unit propagation. We propose a new approach that allows for enumerating disjoint partial models with no need for blocking clauses by integrating: Conflict-Driv
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8

HAMADI, YOUSSEF, SAÏD JABBOUR, and LAKHDAR SAÏS. "LEARNING FOR DYNAMIC SUBSUMPTION." International Journal on Artificial Intelligence Tools 19, no. 04 (2010): 511–29. http://dx.doi.org/10.1142/s0218213010000303.

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This paper presents an original dynamic subsumption technique for Boolean CNF formulae. It exploits simple and sufficient conditions to detect, during conflict analysis, clauses from the formula that can be reduced by subsumption. During the learnt clause derivation, and at each step of the associated resolution process, checks for backward subsumption between the current resolvent and clauses from the original formula are efficiently performed. The resulting method allows the dynamic removal of literals from the original clauses. Experimental results show that the integration of our dynamic s
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9

Longo Zocal, Raul. "Cláusula compromissória condicionada: estipulação e implementação." Revista Brasileira de Arbitragem 20, Issue 79 (2023): 7–25. http://dx.doi.org/10.54648/rba2023022.

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The article describes whether the parties may or not agree on conditions for arbitration clauses. Although every arbitration clause is conditioned to the rise of a conflict (a future and uncertain event that gives effect to the arbitration clauses), the article focuses on conditions that the parties may consider relevant to their goals or concerns. The article discusses the interpretation of the conditioned arbitration clause to evaluate its legality and application in cases. The article also discusses the analysis of the implementation of the condition, which gives grounds for the arbitrator’
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10

Riddell, Troy Q., and F. L. Morton. "Reasonable Limitations, Distinct Society and the Canada Clause: Interpretive Clauses and the Competition for Constitutional Advantage." Canadian Journal of Political Science 31, no. 3 (1998): 467–93. http://dx.doi.org/10.1017/s0008423900009094.

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AbstractThis article connects the conflict in Canada over formal constitutional amendments—patriation (1982), the Meech Lake (1987) and the Charlottetown (1992) Accords—with constitutional litigation and interpretation. The authors posit that governments and organized social interests compete with and among themselves for constitutional advantage in both forums of constitutional modification, and that outcomes in each forum have predictable consequences for behaviour in the other. Specifically, they argue that conflicts over the “distinct society” (1987) and “Canada” (1992) clauses are best un
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11

Pozniak, Céline, and Barbara Hemforth. "Interference of Implicit Causality in Relative Clause Processing." Open Mind 9 (2025): 364–400. https://doi.org/10.1162/opmi_a_00193.

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Abstract Differences in the processing of subject and object relative clauses have been explained by a combination of syntactic, semantic, and pragmatic factors, such as a general subject advantage based on syntactic constraints, effects of animacy, and the discourse status of relative clause internal subjects. In this paper, we will focus on a factor related to verb meaning, the implicit causality of the verb, which biases the principal causer of the event described by the verb. Depending on whether the bias is on the subject or the object, implicit causality can conflict with the foregrounde
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12

Asín Achá, Roberto, Rodrigo López, Sebastian Hagedorn, and Jorge A. Baier. "Multi-Agent Path Finding: A New Boolean Encoding." Journal of Artificial Intelligence Research 75 (September 29, 2022): 323–50. http://dx.doi.org/10.1613/jair.1.13818.

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Multi-agent pathfinding (MAPF) is an NP-hard problem. As such, dense maps may be very hard to solve optimally. In such scenarios, compilation-based approaches, via Boolean satisfiability (SAT) and answer set programming (ASP), have been shown to outperform heuristic-search-based approaches, such as conflict-based search (CBS). In this paper, we propose a new Boolean encoding for MAPF, and show how to implement it in ASP and MaxSAT. A feature that distinguishes our encoding from existing ones is that swap and follow conflicts are encoded using binary clauses, which can be exploited by current c
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13

Goldby, Miriam. "INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS." Denning Law Journal 19, no. 1 (2012): 171–80. http://dx.doi.org/10.5750/dlj.v19i1.382.

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This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. It starts by giving a brief overview of past decisions of the English Courts on this issue. It proceeds to consider recent developments and to draw conclusions therefrom. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Wher
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Ferreira, Daniel, Elizaveta Gromova, Bianca Farias, and Cristiane Giovannini. "Online Sports Betting in Brazil and conflict solution clauses." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (2022): 75–87. http://dx.doi.org/10.52028/rbadr.v4i7.5.

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Sports betting sites are now a reality in Brazil. According to Exame1 magazine, in 2018, it moved around 2 billion reais per year, and with the imminent regulation of Act n. 13.756 /2018, it should move approximately 8 billion reais annually. Online gambling will only reach the peak of its market, according to Rohan Miller,2 when consumers’ risk perception is reduced or neutralized. Questions such as who to look for if something goes wrong and which laws apply in the event of a conflict should be answered clearly by the betting sites’ Terms of Service (EULAs). Therefore, this article’s general
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15

Sari, Ratna, Novia Juita, and Muhammad Ismail Nst. "REPRESENTASI KONFLIK WONG CILIK DALAM NOVEL BILA MALAM BERTAMBAH MALAM KARYA PUTU WIJAYA DAN NOVEL PENGAKUAN PARIYEM KARYA LINUS SURYADI AG: KAJIAN INTERTEKSTUAL." Jurnal Bahasa dan Sastra 5, no. 2 (2018): 123. http://dx.doi.org/10.24036/896220.

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The type of this research is qualitative research using descriptive analysis methods. This research data is a text in from of the words, phrases, clauses, sentences and discourse which represents conflicts of wong cilik, in the form of personal and between classes conflict in both novels. It is also looking for differences and similarities of the conflicts, and explaining the novel Bila Malam Bertambah Malam by Putu Wijaya as hypogram of novel Pengakuan Pariyem by Linus Suryadi AG. The results of the study are First, the conflict of wong cilik in novel Bila Malam Bertambah Malam there are nine
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16

S.C. "Michigan Court Clarifies Liability for COB Provisions in ERISA and Auto Plans." Journal of Law, Medicine & Ethics 24, no. 1 (1996): 72. http://dx.doi.org/10.1017/s1073110500004587.

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In Campbell Soup Co. v. Allstate Insurance Co. (913 F. Supp. 451 (W.D. Mich. Jan. 9, 1996)), the United States District Court for the Western District of Michigan, Southern Division, held that a health plan's coordination of benefits (COB) clause, covered under the Employee Retirement Income Security Act (ERISA), does not preempt a similar no-fault automobile insurance clause in the absence of irreconcilable conflict. The court found that ERISA's policy of shielding plans from unanticipated claims could only be furthered when the plan had expressly disavowed such claims. Because the ERISA plan
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17

Sinambela, Hotman. "Legal Protection of Bank Customer Regarding Bank Credit Agreements According to the Consumer Protection Law." Journal of Progressive Law and Legal Studies 1, no. 03 (2023): 172–80. http://dx.doi.org/10.59653/jplls.v1i03.235.

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The main objective of the research is to find out, describe and analyze whether the standard clauses in Rural Bank credit agreements (BPR) reflect the credit agreement and do not conflict with the principles of freedom of contract and the principle of balance as well as the impact of implementing standard clauses in Rural Bank credit agreements and legal protection. against customers who are harmed by the application of the standard clause. The research results reveal that the application of standard clauses in BPR credit agreements has fulfilled the principles of freedom of contract, balance
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18

Fricke, John G. "Labour Management 'Trust Relations' as Reflected in Collective Agreement Clauses." Articles 46, no. 2 (2005): 447–64. http://dx.doi.org/10.7202/050678ar.

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The author makes a critical evaluation of labour management communication clauses in the total population of collective agreements filed with Alberto Labour as of May 31, 1987. This exercise has the aim of finding some indication of joint decision making and conflict handling in the wording and overall presentation of these clauses.
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19

SYATHROH, ISRY LAILA, and HENDRA HUSNUSSALAM. "Analysis of Laskar Pelangi in English Version Based on Transitivity Theory." English Journal Literacy Utama 3, no. 1 (2018): 47–55. http://dx.doi.org/10.33197/ejlutama.vol3.iss1.2019.30.

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This study aims to investigate the characterizations of Lintang in the English version of Laskar Pelangi novel (2009), The Rainbow Troops, based on Transitivity. As the unit of analysis, the data are 30 selected clauses, both uttered by Lintang himself or the narrator. The clauses are arranged chronologically based on the plot of the story consisting of phase 1 (opening), phase 2 (conflict & climax), and phase 3 (closing). This research employs qualitative descriptive design (Fraenkel & Wallen, 2007: 430). The approach for this research is narrative inquiry. According to Croker (Heigha
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20

Woehrling, José. "La modification constitutionnelle de 1987, la reconnaissance du Québec comme société distincte et la dualité linguistique du Canada." Les Cahiers de droit 29, no. 1 (2005): 3–63. http://dx.doi.org/10.7202/042868ar.

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On June 3, 1987, the Prime Minister of Canada and the ten provincial premiers signed the 1987 Constitutional Accord in which they agreed to amend the Canadian Constitution in order to meet the Quebec government's conditions for adherence to the Constitution Act, 1982. The recognition of Canada's linguistic duality and of Quebec as a distinct society were among the constitutional amendments agreed upon. These clauses continue to spark controversy, with some commentators claiming that the terms used in the Accord are too ambiguous, while others argue that their insertion in the Constitution will
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Bielefeldt, Heiner. "Limiting Permissible Limitations: How to Preserve the Substance of Religious Freedom." Religion & Human Rights 15, no. 1-2 (2020): 3–19. http://dx.doi.org/10.1163/18710328-bja10001.

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Abstract The question of how to draw legitimate limits to the content and exercise of human rights has caused many controversies, not only in academic debates, but also in human rights practice. Governments often invoke limitation clauses linked to human rights provisions as a broad allowance to impose restrictions. However, the main function of those clauses is actually to limit the scope of permissible limitations. This chapter takes freedom of religion or belief as a test case to illustrate the role of limitation clauses. Moreover, from an adequate understanding of limitation clauses, the p
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JABBOUR, SAÏD. "LEARNING FROM SUCCESSES." International Journal on Artificial Intelligence Tools 19, no. 04 (2010): 373–91. http://dx.doi.org/10.1142/s0218213010000248.

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In this paper a new learning scheme for SAT is proposed. The originality of our approach arises from its ability to achieve clause learning even if no conflict occurs. This kind of learning from successes clearly contrasts with all the traditional learning approaches which generally refer to conflict analysis. To make such learning possible, relevant clauses, taken from the satisfied part of the formula are conjointly used with the classical implication graph to derive new and more powerful reasons for the implication of a given literal. Based on this extension a first learning scheme called L
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Asín Achá, Roberto, Rodrigo López, Sebastián Hagedorn, and Jorge A. Baier. "A New Boolean Encoding for MAPF and its Performance with ASP and MaxSAT Solvers." Proceedings of the International Symposium on Combinatorial Search 12, no. 1 (2021): 11–19. http://dx.doi.org/10.1609/socs.v12i1.18546.

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Multi-agent pathfinding (MAPF) is an NP-hard problem. As such, dense maps may be very hard to solve optimally. In such scenarios, compilation-based approaches, via Boolean satisfiability (SAT) and answer set programming (ASP), have proven to be most effective. In this paper, we propose a new encoding for MAPF, which we implement and solve using both ASP and MaxSAT solvers. Our encoding builds on a recent ASP encoding for MAPF but changes the way agent moves are encoded. This allows to represent swap and follow conflicts with binary clauses, which are known to work well along with conflict-base
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24

SUTEU, SILVIA. "Eternity clauses in post-conflict and post-authoritarian constitution-making: Promise and limits." Global Constitutionalism 6, no. 1 (2017): 63–100. http://dx.doi.org/10.1017/s2045381716000265.

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Abstract:The literature on entrenchment as a means to achieve constitutional endurance has grown in recent years, as has the scholarship on unamendable provisions as a mechanism intended to safeguard the constitutional project. However, little attention has been paid to the promise and limits of eternity clauses in transitional settings. Their appeal in this context is great. In an effort to safeguard hard-fought agreements, drafters often declare unamendable what they consider the fundamentals to the political deal: the number of presidential term limits, the commitment to human rights and to
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Pujiningsih, Diana. "Juridical Review Of Standard Agreements In The Framework Of Consumer Protection." Ipso Jure 1, no. 6 (2024): 31–40. http://dx.doi.org/10.62872/jqxcks37.

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Exonerating clauses have been widely used in agreements due to their time and cost efficiency. However, as the use of these clauses has expanded, there have been instances of non-compliance with certain requirements, which have subsequently caused disadvantages to certain parties. Exonerating clauses are often employed in freight forwarding service agreements by companies to limit their legal liability in the event of loss or damage to a consumer's goods. From the perspective of consumer protection, the use of exonerating clauses can create an imbalance in rights and obligations between servic
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Lopes Marques, Naielly, Carlos de Lamare Bastian-Pinto, and Luiz Eduardo Teixeira Brandão. "When contract clauses conflict: The Salvador light rail vehicle concession." Case Studies on Transport Policy 16 (June 2024): 101168. http://dx.doi.org/10.1016/j.cstp.2024.101168.

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Fox, Danny. "Antecedent-Contained Deletion and the Copy Theory of Movement." Linguistic Inquiry 33, no. 1 (2002): 63–96. http://dx.doi.org/10.1162/002438902317382189.

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Antecedent-contained deletion poses a problem for theories of ellipsis, a problem that, according to much literature, is solved by Quantifier Raising. The solution, however, conflicts with the copy theory of movement. This article resolves this new conflict with the aid of a theory of extraposition and covert movement proposed by Fox and Nissenbaum (1999), together with certain assumptions about the structure of relative clauses and the way chains are interpreted. The resolution makes various new predictions and accounts for a range of otherwise puzzling facts.
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S A, Sandhya Ram. "Ouster Clause: Legislative Blaze and Judicial Phoenix." Christ University Law Journal 2, no. 1 (2013): 21–51. http://dx.doi.org/10.12728/culj.2.2.

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If constitutionalism denotes obedience to the
 Constitution, the scheme for enforcement of obedience
 and invalidation of disobedience should be found in the
 Constitution itself. It is important that this scheme be
 clear and the task of enforcement be vested in a
 constitutional body. In such a situation, the question of
 custodianship i.e., who will ensure the rule of
 constitutionalism assumes prime importance, as any
 ambiguity regarding the same will result in conflicts
 uncalled for between legislature and judiciary. This
 conflict inten
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Sazari, Ulfa, and Yenni Hayati. "Konflik Sosial dalam Novel Tiba Sebelum Berangkat Karya Faisal Oddang." Jurnal Bahasa dan Sastra 8, no. 2 (2020): 72. http://dx.doi.org/10.24036/jbs.v8i2.109671.

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This study aims to describe (1) the forms of social conflict in the Tiba Sebelum Berangkat’s novel by Faisal Oddang; (2) the causes of social conflict in the Tiba Sebelum Berangkat’s novel by Faisal Oddang; (3) the impact of social conflict in the Tiba Sebelum Berangkat’s novel by Faisal Oddang.This type of research is qualitative research using descriptive methods. The data contained in this study are in the form of words, phrases, clauses, and sentences that refer to social conflicts that occur in the Tiba Sebelum Berangkat’s novel by Faisal Oddang. The data source of this research is the Ti
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McMurtie, Jacqueline. "Unconscionable Contracting for Indigent Defense: Using Contract Theory to Invalidate Conflict of Interest Clauses in Fixed-Fee Contracts." University of Michigan Journal of Law Reform, no. 39.4 (2006): 773. http://dx.doi.org/10.36646/mjlr.39.4.unconscionable.

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Indigent defense remains in crisis and yet constitutional challenges to promote systemic change have met with mixed success. This Article explores the new strategy of applying contract theory and principles to challenge indigent defense contracts that violate the canons of professional responsibility. This Article begins by discussing the author's experience working on cases of indigent defendants whose convictions were overturned through the efforts of the Innocence Project Northwest. The erroneous convictions were facilitated by the indigent defense contract in place at the time of the convi
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Tjabaka-Mokapane, Lemohang. "Categorial Conflict between Phrasal-Prepositional Verbs and Infinitives: The Great Complement Shift." Elsya : Journal of English Language Studies 5, no. 2 (2023): 159–72. http://dx.doi.org/10.31849/elsya.v5i2.13447.

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The development of grammatical forms and synchronic effects has captured a considerable interest of researchers across the globe. The research of this phenomenon is done to understand how certain linguistic forms arise and interact with other forms. Literature also discloses that a number of studies has addressed grammaticalisation of prepositions, which has somehow resulted in categorial conflict. However, there is dearth of literature that deals with /to/ to distinguish between phrasal-prepositional verbs and infinitives as a way of resolving the conflict. Again, some of the L2 students conf
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Oktaviolanda and Nurizzati Nurizzati. "Konflik Sosial dalam Novel Segala Yang Diisap Langit Karya Pinto Anugrah." Persona: Kajian Bahasa dan Sastra 1, no. 4 (2023): 479–89. http://dx.doi.org/10.24036/jpers.v1i4.101.

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This study aims to classify: (1) the forms of social conflict in Pinto Anugrah's novel Everything is Smoked by the Sky, (2) the causes of social conflict in Pinto Anugrah's novel Everything is Smoked by the Sky, (3) the impact of social conflict in the novel Everything The Sky Suckes by Pinto Anugrah. The object of this research is the novel Everything Sucked by the Sky by Pinto Anugrah which will be published in 2021. This research uses a descriptive method. In collecting the data used in this study in the form of words, phrases, clauses and sentences that show the forms, causes, and impacts
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Jaskuła, Lidia K. "Conflict of Values in the Licensing Procedure for Broadcasting Radio and Television Programmes in Poland." Teka Komisji Prawniczej PAN Oddział w Lublinie 15, no. 2 (2022): 165–81. http://dx.doi.org/10.32084/tkp.4884.

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The issue of the conflict of values in the licensing procedure for broadcasting radio and television programmes is a special case of such a clash in public economic law. The study entitled “Conflict of values in the licensing procedure for broadcasting radio and television programmes in Poland” aimed to conduct analyses to identify the values underlying licensing proceedings for broadcasting radio and television programmes in Poland, examine their potential for conflict and identify ways of resolving disputes arising in this area. The main issue of the article is formulated in the following qu
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Xia, Yongmei, and Zi Li. "Study on the Application of the Clauses of Respecting the True Will of Minors in Custody Disputes." Journal of Education, Humanities and Social Sciences 41 (October 30, 2024): 31–36. http://dx.doi.org/10.54097/2cpkaa21.

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Since the implementation of the Civil Code in 2021, the true will of minors has become the important accordance for courts to verdict the ownership of the child custody of minors. However, the clauses of respecting true will of minors have a weak institutionalization. There is a lack of a procedure to explore true will of minors and a standard to weigh that, causing inconsistent application of clauses in judicial practice. In order to realize the legislative goal of substantive law for respecting true will of minors, a procedural mechanism shall be established for listening and exploring true
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Wisuttisak, Pornchai. "Australian Free Trade Agreement/Anti-dumping Clauses: Fair Trade or Anti-competitive Provision." Global Trade and Customs Journal 5, Issue 1 (2010): 29–41. http://dx.doi.org/10.54648/gtcj2010003.

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The anti-dumping clause on free trade agreement is originated as the remedy for protecting fair and competitive international trade. However, the clause can also be deviated to be the instrument of trade protection and the impediment of market competition. This article attempts to focus on the anti-dumping clause for Australian free trade agreement in this regard. It examines how anti-dumping may lead to anti-competitive behaviours, international cartels, and negative effect for consumer interests. It then discusses the conflict between the anti-dumping and competition law. The article propose
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Orga-Dumitriu, Gina. "The Contributions Of CJEU In The Name Of The Principle Of Balancing – A Test Of The Role Of The Court?" International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (2015): 472–78. http://dx.doi.org/10.1515/kbo-2015-0081.

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Abstract From the traditional functions of the general principles of the EU law – of interpretation, completion of the gaps and legality control, the principle of balancing seems to meet the most the exigencies of the first of these. The limits of the role of CJEU are certainly put to the test when it is called to settle conflicts between fundamental rights/fundamental freedoms. The trends formulated in Schmidberger (on the conflict between the free circulation of the commodities and the freedom of expression) or Promusicae (on the conflict between the right to the effective protection of the
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Van Caenegem, William. "Employee Know-How, Non-compete Clauses and Job Mobility across Civil and Common Law Systems." International Journal of Comparative Labour Law and Industrial Relations 29, Issue 2 (2013): 219–38. http://dx.doi.org/10.54648/ijcl2013015.

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The law relating to trade secrets and to enforcement of non-compete and confidentiality clauses in the post-termination phase impacts on the ability of employees to find new employment and to use knowledge accumulated in previous employment when they do. This article compares the approaches in select common law and civil law jurisdictions to these areas of law. The law is complex, not harmonized and often unpredictable, and a number of significant policy goals come into conflict. The article concludes that while calls for restricting non-competes have merit, they should be assessed in the cont
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Zaikin, Oleg. "A parallel SAT solving algorithm based on improved handling of conflict clauses." Procedia Computer Science 119 (2017): 103–11. http://dx.doi.org/10.1016/j.procs.2017.11.166.

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Ondřejek, Pavel. "A Structural Approach to the Effects of Fundamental Rights on Legal Transactions in Private Law." European Constitutional Law Review 13, no. 2 (2017): 281–304. http://dx.doi.org/10.1017/s1574019617000062.

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Horizontal effect of fundamental rights – Legal principles – Dichotomy between private and public law – Systemic or anti-systemic elements in legal orders – Conflict between contractual autonomy and fundamental rights – Coherence in law – Balancing – Cases of permissibility of bank charges in the Czech and German legal systems – General clauses on good morals and good faith in private law
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Liu, Xin. "Conflict-Driven Learning in Test Pattern Generation." Advanced Materials Research 301-303 (July 2011): 1089–92. http://dx.doi.org/10.4028/www.scientific.net/amr.301-303.1089.

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SAT-based automatic test pattern generation (ATPG) is built on a SAT-solver, which can be scalable is that it is able to take into account the information of high-level structure of formulas. Paper analyzes specific structure of circuit instances where correlations among signals have been established. This analysis is a heuristic learning method by earlier detecting assignment conflicts. Reconvergent fanout is a fundamental cause of the difficulty in testing generation, because they introduce dependencies in the values that can be assigned to nodes. Paper exploits reconvergent fanout analysis
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Fajriah, Sarah, and Muhammad Ismail Nasution. "Representasi Konflik Sosial dalam Novel Kami (Bukan) Generasi Bacot Karya J.S. Khairen." Persona: Kajian Bahasa dan Sastra 2, no. 4 (2023): 687–702. http://dx.doi.org/10.24036/jpers.v2i4.189.

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One of the problems that is often raised in a novel is social conflict. The social conflict contained in a work is one of the interests for readers to enjoy the conflict presented in the literary work. Apart from being enjoyed, this is also an attraction for literary works to be studied. To understand the social conflict contained in a literary work, researchers must understand the character of the characters in the literary work. This research aims to describe the forms, causes and impacts of the representation of social conflict in the novel Kami (bukan) Generasi Bacot by J.S. Khairen. This
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Huffman, Michael. "Hagar Interprets Her Own Promise: Exploring A Hopeful Reading of Genesis 16:12." Biblical Theology Bulletin: Journal of Bible and Culture 55, no. 2 (2025): 84–95. https://doi.org/10.1177/01461079251339742.

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Genesis 16:12 contains three clauses that have been widely interpreted as predicting prolonged conflict between Ishmael’s descendants and their relatives within the Abrahamic family. While there is agreement among contemporary commentators that the wording of these clauses is ambiguous, negative renderings are far more prevalent than positive or neutral renderings in popular English translations, as well as in expositions of the text. This article argues that Hagar’s response to her own promise, in concert with other elements in the wider narrative of Genesis, should be prioritized in deciding
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Dildar Ahmad, Dr. Raza-E-Mustafa, Iftkhar Ahmad, and Qamar Abbas. "Political Discourses on Ukraine-Russia Conflict: A Critical Discourse Analysis of Selected Press Conference at G20 Summit, 2023." Journal of Peace, Development & Communication 08, no. 03 (2024): 294–315. http://dx.doi.org/10.36968/jpdc-v08-i03-18.

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This study examines the press conference of the American Secretary of State on March 2, 2023 during the course of ongoing G20 Summit in India, in the context of Ukraine-Russia conflict. Antony J. Blinken Secretary of State addressed the press conference generally on global issues and especially on Russian attack on Ukraine. The data has been taken from https://www.state.gov/secretary-antony-j-blinken-at-a-press-availability-30/. Which consists on 21 paragraphs and 1590 words other than Question-Answer session. Clauses are the fundamental building block of transitivity analysis. To accomplish t
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Zeng, Wei Peng, Li Sha Cai, Er Min Lin, and Guo Huang. "New Methods for Deriving All Minimal Diagnostic Using Satisfiability Algorithms." Applied Mechanics and Materials 543-547 (March 2014): 899–903. http://dx.doi.org/10.4028/www.scientific.net/amm.543-547.899.

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In the model-based diagnosis reasoning, diagnosis in two steps,they are generating all minimal conflict sets of conflict identification and Generate all the minimal hitting sets of candidate generation.In this paper, we propose new method based on SAT solver generates all minimal diagnostic.Firstly the normal behavior,system model and obtained observations are described in conjunctive normal form.,then all related clauses of Pending diagnostic system put into SAT solvers. The decision circuit failure problem is converted to satisfiability problem. Hence combine CSSE-tree for solving minimal di
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Jin, Wanyi, and Yijia Li. "Exploring Solutions to the Conflict between the Ownership of Trust Property and the Numerus Clauses." SHS Web of Conferences 169 (2023): 01069. http://dx.doi.org/10.1051/shsconf/202316901069.

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The principle of numerus clauses is the basic principle of civil law countries, and trusts, as a product of the common law system, are bound to diverge from it. Among them, the conflict between the ownership of trust property and the numerus clauses is the most significant. How to ease the conflict between the two in order to promote the long-term development of trusts in China has attracted a lot of attention. Trusts are developing rapidly around the world, and a comparative study approach has been adopted, of which the following are representative views: (i) Japanese scholars consider that t
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Saul, Ben. "From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law." International Review of the Red Cross 103, no. 916-917 (2021): 157–202. http://dx.doi.org/10.1017/s181638312100031x.

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AbstractThis article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion clauses in counterterrorism instruments or laws. It concludes by identifying the optimal approach to the relationship between CTL and IHL, whi
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Saul, Ben. "From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law." International Review of the Red Cross 103, no. 916-917 (2021): 157–202. http://dx.doi.org/10.1017/s181638312100031x.

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AbstractThis article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion clauses in counterterrorism instruments or laws. It concludes by identifying the optimal approach to the relationship between CTL and IHL, whi
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Soon, Joel. "Jurisdictional Conflict Between the World Trade Organization and Regional Trade Agreements: Res Judicata Revisited." Journal of World Trade 56, Issue 6 (2022): 899–914. http://dx.doi.org/10.54648/trad2022037.

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This article discusses the long-standing issue of jurisdictional conflict in World Trade Organisation (WTO) jurisprudence, which has, in the recent decades, been exacerbated by the proliferation of Regional Trade Agreements (RTAs). An examination of WTO jurisprudence reveals that jurisdictional conflict stems from the lack of choice of forum clauses in WTO-covered agreements, and the lack of a hierarchy of sources in international law. While there exists legal basis for the application of general principles of international law such as res judicata, a careful analysis demonstrates that there i
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Христова, Ганна. "Positive State Obligations in the Context of Temporary Loss of Control over a Part of its Territory." State Building and Local Government, SPEC21 (December 2, 2021): 266–78. https://doi.org/10.31359/1993-0941-2021-1-266-278.

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Drawing from the jurisprudence of the European Court of Human Rights, the study clarifies a state’s positive obligations in contexts of armed conflict and partial territorial loss. It affirms that International Human Rights Law continues to protect conflict-affected populations, based on non-derogable treaty clauses. States are obligated to minimize harm in military operations, account for forcibly disappeared persons, and uphold rights of internally displaced individuals. Even when facing territorial loss, states retain limited jurisdiction as per Article 1 of the Convention, and must use all
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Cai, Shaowei, Xindi Zhang, Mathias Fleury, and Armin Biere. "Better Decision Heuristics in CDCL through Local Search and Target Phases." Journal of Artificial Intelligence Research 74 (August 8, 2022): 1515–63. http://dx.doi.org/10.1613/jair.1.13666.

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On practical applications, state-of-the-art SAT solvers dominantly use the conflict-driven clause learning (CDCL) paradigm. An alternative for satisfiable instances is local search solvers, which is more successful on random and hard combinatorial instances. Although there have been attempts to combine these methods in one framework, a tight integration which improves the state of the art on a broad set of application instances has been missing. We present a combination of techniques that achieves such an improvement. Our first contribution is to maximize in a local search fashion the assignme
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