Academic literature on the topic 'Custom law'

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Journal articles on the topic "Custom law"

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Duxbury, Neil. "CUSTOM AS LAW IN ENGLISH LAW." Cambridge Law Journal 76, no. 2 (2017): 337–59. http://dx.doi.org/10.1017/s0008197317000253.

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AbstractThis article considers prescription as a customary standard of legal validity which enables judges to identify certain customs as law even though the status of those customs as law cannot be ascribed to a law-making authority. Although claims as to customs having prescribed are often bound up with claims as to the quality (as opposed to the validity) of custom as law, prescribed custom is properly conceived to be a feature of the rule of recognition – a criterion by which a court can identify, and declare, a custom as already existing law as distinct from both custom without the force of law and custom turned into positive law.
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Guliyev, Khagani. "Local Custom in International Law." International Community Law Review 19, no. 1 (2017): 47–67. http://dx.doi.org/10.1163/18719732-12341347.

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The present paper examines the particular difficulties observed in the formation, identification and continuity of local custom in the light of the interaction that exists between it and two main sources of international law: general custom and treaty. The article firstly argues that, although local custom presents certain features and faces specific difficulties that distinguishes it from both general custom and treaty, it generally follows the “custom logic” in its formation and identification, as both local and general customs are made from the same “ingredients”: practice and opinio juris. However, the situation is different when it comes to the continuity of an existing local customary rule. The article shows that the succession of States may call into question the continuity of local custom which operates as a treaty in case of State succession, following the “treaty logic” rather than the “custom logic”.
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Shetreet, Shimon. "Custom in Public Law." Israel Law Review 21, no. 3-4 (1986): 450–500. http://dx.doi.org/10.1017/s0021223700009225.

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This article is based on a study on custom in public law conducted some years ago due to the welcome initiative of Prof. G. Tedeschi. Like many others, I too responded to his irresistible powers of persuasion, to conduct a study on custom in a field close to my area of interest, public law. I owe many thanks to Prof. Tedeschi, for by virtue of this study I have acquired significant perspectives for the analysis of public law.During the course of my work on another study (on judicial independence, conducted for the Jerusalem Institute for the Study of Israel), I discovered an historical document pertaining to Prof. Tedeschi, in whose honour this issue of the Israel Law Review appears. The document concerns an offer, addressed to Prof. Tedeschi in 1953, to be appointed a Justice of the Supreme Court.
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Kozlova, Nataliya, and Sofya Filippova. "Custom in Civil Law." Journal of Russian Law 7, no. 1 (2019): 1. http://dx.doi.org/10.12737/art_2019_1_6.

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Coffey, Donal, Paul Brady, Oran Doyle, Marc Hertogh, Garrett Barden, and Tim Murphy. "Custom and Living Law." Jurisprudence 3, no. 1 (2012): 71–210. http://dx.doi.org/10.1080/20403313.2012.11423536.

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Swaine, Edward T. "Rational Custom." Duke Law Journal 52, no. 3 (2002): 559. http://dx.doi.org/10.2307/1373163.

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Olson, M. D. "Articulating Custom." Journal of Legal Pluralism and Unofficial Law 32, no. 45 (2000): 19–47. http://dx.doi.org/10.1080/07329113.2000.10756543.

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Epstein, Richard A. "Confusion about Custom: Disentangling Informal Customs from Standard Contractual Provisions." University of Chicago Law Review 66, no. 3 (1999): 821. http://dx.doi.org/10.2307/1600427.

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Macdonald, Alastair J. "Neville, Violence, Custom and Law." Scottish Historical Review 79, no. 1 (2000): 112–13. http://dx.doi.org/10.3366/shr.2000.79.1.112.

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Bruderlein, Claude. "Custom in international humanitarian law." International Review of the Red Cross 31, no. 285 (1991): 579–95. http://dx.doi.org/10.1017/s0020860400072569.

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The purpose of this study is to analyse the normative character of custom in international humanitarian law (IHL), on the basis of the theory and jurisprudence of public international law, in order to arrive at a better understanding of the conduct of States in conflict situations. In so doing, an attempt will be made to determine the possibilities for developing custom in IHL, especially in view of the increasing concern shown by international public opinion for the plight of victims of armed conflicts. The paper will begin with a review of the questions raised by custom as an independent source of humanitarian law (point 1) and go on to take a closer look at the constituent elements of custom in humanitarian law (point 2). It will end with a comparative study of the two approaches to custom in IHL, concentrating on the consequences that the development of custom may have in the future (point 3).
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Dissertations / Theses on the topic "Custom law"

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McIntyre, John P. "The uses of custom in Gratian." Theological Research Exchange Network (TREN), 1987. http://www.tren.com.

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Costello, Michael. "Law as adjunct to custom? : Abkhaz custom and law in today's state-building and 'modernisation' (studied through dispute resolution)." Thesis, University of Kent, 2015. https://kar.kent.ac.uk/47916/.

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The setting for research is Abkhazia a small country south of the Caucasus Mountains and bordering Europe and the Near East. The Abkhaz hold onto custom – apswara – to make of state law an adjunct to custom as the state strives to strengthen its powers to ‘modernise’ along capitalist lines. This institution of a parallel-cum-interwoven and oppositional existence of practices and the laws questions the relationship of the two in a novel way. The bases of apswara are its concepts of communality and fairness. Profound transformations have followed the dissolution of the Soviet Union, and the breakaway from and subsequent war with Georgia, none of which have brought the bright prospects that were hoped-for with independence. The element of hope in post-Soviet nostalgia provides pointers to what the Abkhaz seek to enact for their future, to decide the course of change that entertains the possibility of a non-capitalist modernisation route and a customary state. Apswara is founded on the direct participatory democracy of non-state regulation. It draws members of all ethnicities into the generation of nationalist self-awareness that transcends ethnicity and religions, and forms around sacred shrines and decisions taken by popular assemblies. It has topical significance for other societies where custom and law co-habit through contestation, and questions some widely accepted theories about the relationship of the two, as well as problematising anthropological concepts of ‘legal pluralism’ and post-Sovietics. The study suggests new topics for research.
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Burgess, Peter Glenn. "Custom, reason and the common law : English jurisprudence 1600-1650." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.328418.

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Hsu, Berry Fong-Chung. "Law and opinion in Hong Kong in 1988." Thesis, SOAS, University of London, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246217.

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Byers, Michael. "Custom, power and the power of rules international relations and customary international law /." Cambridge : Cambridge University Press, 1999. http://www.ebrary.com/.

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Davis, Donald R. "The boundaries of law : tradition, 'custom, ' and politics in late medieval Kerala /." Digital version accessible at:, 2000. http://wwwlib.umi.com/cr/utexas/main.

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Moynihan, Sinéad. "Fictions of law and custom : passing narratives at the fins des siècles." Thesis, University of Nottingham, 2007. http://eprints.nottingham.ac.uk/14442/.

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This dissertation examines narratives of passing of the nineteenth- and twentieth century fins de siècle. My central thesis is that passing narratives of the 1990s and beyond evidence symmetry between the tropes of passing that occur at plot level and passing strategies surrounding the production of the texts themselves. I argue that the connections between passing and authorship that emerge in contemporary stories invite us to reconsider extant interpretations of earlier passing stories, specifically those published at the turn of the twentieth century. The Introduction challenges the historiography of the passing narrative traced in existing studies of passing. It also suggests the ways in which authorship and passing are inextricably linked via the arbitrary standard of "authenticity," both authorial and racial. In Chapter One, I examine the relationship between the African American body-as-text and the African American author who produces a text in The Bondwoman's Narrative (date unknown), Philip Roth's The Human Stain (2000) and Percival Everett's Erasure (2001). Chapter Two takes the self-reflexive detective genre and traces the changing roles of the passing character within the conventions of the form, from femme fatale to hard-boiled detective. Here, I focus specifically on Pauline Hopkins's Hagar's Daughter (1901-1902), Walter Mosley's Devil in a Blue Dress (1990) and Robert Skinner's Wesley Farrell series (1997-2002). In Chapter Three, I examine texts whose protagonists' gender and/or racial ambiguity serve to destabilise analogously the religious categories under interrogation in those texts, namely Hopkins's Winona (1902) and Louise Erdrich's Tracks (1988) and The Last Report on the Miracles at Little No Horse (2001). Chapter Four examines tropes of passing in relation to three contemporary novels of adolescence, Paul Beatty's The White Boy Shuffle (1996), Danzy Senna's Caucasia (1998) and Jeffrey Eugenides's Middlesex (2002). Finally, the Conclusion discusses recent controversies of authorship and authenticity in the U.S., particularly as these pertain to the ambiguous literary category of "memoir."
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Chigara, Benedict Tendayi. "The process of custom and the legitimacy of norms of customary international law : a deconstructionist perspective." Thesis, University of Nottingham, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267675.

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Okubuiro, J. C. "The counter-hegemonic potential of non-state actors as custom-makers in international law." Thesis, University of Liverpool, 2017. http://livrepository.liverpool.ac.uk/3006098/.

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Traditionally, customary international law is defined as comprising state practice and opinio juris. However, there is a current trend in legal argument by Third World Approaches to International Law (TWAIL) that challenges these state practices arguably dominated by Western ideologies. Based on these challenges, the purpose of this research is not to discard these trends; rather it interrogates the basic principle of international law that sees only state practice and opinio juris as constituting customary international law. This research adds a novel perspective to the on-going debate by investigating the role of the practices and opinions of non-state actors as a counter-hegemonic tool for equal participation, self-determination and emancipation of the Third World peoples who are arguably the victims of Western domination. This thesis explores the above arguments through Nigerian example. It demonstrates the tension between the Western state model and indigenous systems in Nigeria. Such conflict necessitates an ‘inclusive system’ that involves the participation of state and non-state actors in the development of customary international law.
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Akpera, Jacob I. "Tiv levirate custom and the book of Ruth a comparative method /." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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Books on the topic "Custom law"

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Ṿerṭhaim, Aharon. Law and custom in Hasidism. Ktav, 1992.

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Custom in present international law. 2nd ed. M. Nijhoff Publishers, 1993.

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Kim, Marie Seong-Hak. Law and custom in Korea. Cambridge University Press, 2012.

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Paul, Vinogradoff. Custom and right. Lawbook Exchange, 2000.

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Boyd, Robert. Independent schools: Law, custom and practice. Jordans, 1998.

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Madness in medieval law and custom. Brill, 2010.

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Custom as a source of law. Cambridge University Press, 2010.

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The relation of custom to law. Sweet & Maxwell, 1986.

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Shabana, Ayman. Custom in Islamic Law and Legal Theory. Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230117341.

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Lewittes, Mendell. Jewish marriage: Rabbinic law, legend, and custom. Jason Aronson, 1994.

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Book chapters on the topic "Custom law"

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Polański, Przemyslaw Paul. "Internet Custom." In Information Technology & Law Series. T.M.C. Asser Press, 2007. http://dx.doi.org/10.1007/978-90-6704-469-1_7.

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Clement, Matt. "Custom, Law and Class." In A People’s History of Riots, Protest and the Law. Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1057/978-1-137-52751-6_5.

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Polański, Przemyslaw Paul. "The Role of Custom." In Information Technology & Law Series. T.M.C. Asser Press, 2007. http://dx.doi.org/10.1007/978-90-6704-469-1_5.

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Douglas, Heather, and Mark Finnane. "A Question of Custom." In Indigenous Crime and Settler Law. Macmillan Education UK, 2012. http://dx.doi.org/10.1057/9781137284983_5.

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Amao, Olufemi. "Custom, morality and African Union law." In African Union Law. Routledge, 2018. http://dx.doi.org/10.4324/9781315690551-9.

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al-Fiqhiyyah, al-Qawā˓id. "Custom and Legal Maxims." In Custom in Islamic Law and Legal Theory. Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230117341_7.

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Polański, Przemyslaw Paul. "International Custom and Its Proof." In Information Technology & Law Series. T.M.C. Asser Press, 2007. http://dx.doi.org/10.1007/978-90-6704-469-1_6.

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Polański, Przemyslaw Paul. "Evidencing custom on the WEB." In Information Technology & Law Series. T.M.C. Asser Press, 2007. http://dx.doi.org/10.1007/978-90-6704-469-1_8.

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Béteille, André. "Law and Custom." In Democracy and Its Institutions. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780198080961.003.0008.

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"Custom and law." In Magna Carta. Cambridge University Press, 1992. http://dx.doi.org/10.1017/cbo9781107049956.006.

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Conference papers on the topic "Custom law"

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Yeric, Greg. "IC Design After Moore’s Law." In 2019 IEEE Custom Integrated Circuits Conference (CICC). IEEE, 2019. http://dx.doi.org/10.1109/cicc.2019.8780343.

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Surkala, Jan. "THE POSITION OF LEGAL CUSTOM IN ROMAN LAW." In 5th SGEM International Multidisciplinary Scientific Conferences on SOCIAL SCIENCES and ARTS SGEM2018. STEF92 Technology, 2018. http://dx.doi.org/10.5593/sgemsocial2018h/11/s02.047.

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Fitzpatrick, Daniel. "Spatial Scales of Property: Custom, Islam, and Law in Aceh." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.226.

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Jansen, Philippe, and Ramnath Venkatraman. "Session 20 — Manufacturing beyond moore's law." In 2015 IEEE Custom Integrated Circuits Conference - CICC 2015. IEEE, 2015. http://dx.doi.org/10.1109/cicc.2015.7338473.

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Liu, Junmin. "The Custom of Sacrifice in the Collecting Episodes in Ernan." In Proceedings of the 1st International Symposium on Innovation and Education, Law and Social Sciences (IELSS 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/ielss-19.2019.43.

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Sunderland, David, Kazuyuki Kawauchi, John Kent, Randy Mooney, Chuck Moore, and Clark T. C. Nguyen. "Session 10 - Panel discussion Sure, Moore’s Law can continue, but should it:." In 2008 IEEE Custom Integrated Circuits Conference - CICC 2008. IEEE, 2008. http://dx.doi.org/10.1109/cicc.2008.4672044.

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Sakakibara, Kiyohiko, Yaichiro Miura, Toshio Kumamoto, and Susumu Tanimoto. "Analysis of deviation from Pelgrom scaling law in Vth variability of pocket-implanted MOSFET." In 2013 IEEE Custom Integrated Circuits Conference - CICC 2013. IEEE, 2013. http://dx.doi.org/10.1109/cicc.2013.6658513.

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Naumann, Alan. "Was Darwin Wrong? Has Design Evolution Stopped at the RTL Level... or Will Software and Custom Processors (or System-Level Design) Extend Moore's Law?" In Design, Automation & Test in Europe Conference. IEEE, 2007. http://dx.doi.org/10.1109/date.2007.364557.

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Yang, Rui, Jiandao Yang, Mingxu Qi, Liqun Shi, and Zeying Peng. "Numerical Investigation of Leakage and Power Loss for Different Seal Types in Turbine Stage Environment." In ASME Turbo Expo 2010: Power for Land, Sea, and Air. ASMEDC, 2010. http://dx.doi.org/10.1115/gt2010-22743.

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In this study, a turbine stage together with diaphragm seals and shroud seals were chosen for numerical investigation. As the baseline design, labyrinth seals’ leakage and blade stage efficiency were analyzed firstly. The results illustrates that as a custom seal, although simplicity, reliableness, and easy replacement make labyrinth seals widely used in steam and gas turbine, but additional power loss caused by excessive leakage flow affects the efficiency of turbine. In order to enhance the efficiency of the turbine stage by leakage reduction, the labyrinth seals at diaphragm and shroud were replaced by brush seals and honeycomb seals respectively. Porous medium method was used to simulate the flow in bristle pack of brush seals, and the pressure drop in bristle was explored by Darcy law. Pressure distribution and flow field details of honeycomb seals were also researched by CFD method. Radial clearance has a direct influence on leakage, so the clearance effect was analyzed in this paper. Lastly, for the stage together with brush seals and honeycomb seals researched, results show that comparing to custom labyrinth seals, the reduction leakage was approximate 30% and the improvement of stage efficiency was 0.6%.
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Shiakolas, P. S., S. R. Van Schenck, and I. Frangeskou. "A Real-Time Digital Control Environment Based on MATLAB, xPC-Target Along With a Magnetic Levitation Device for Neural Network Control Law Implementation and Verification." In ASME 2003 International Mechanical Engineering Congress and Exposition. ASMEDC, 2003. http://dx.doi.org/10.1115/imece2003-42641.

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The objective of this article is to present the development and hardware implementation of a robust control system for a custom made magnetic levitation device. This hardware in the loop (HIL) device was developed for the purpose of real time control experimentation and education. The digital controller requires a C++ complier and MATLAB, Simulink, Real Time Workshop, and xPC Target by MathWorks. The controller itself consists of a classical lead/lag compensator augmented by static (apriori trained) and dynamically trained neural network (NN) controllers. The need for a dynamically trained NN is supported by the effects of nonlinearities and time changing unmodeled dynamics as compared to an apriori trained static NN. The digital controller may be quickly reconfigured to use either NN allowing for quick comparison. The steady state error of each NN control technique will be compared and the effects of unmodeled changes to the HIL will be discussed in support of the superior performance of the dynamic NN.
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Reports on the topic "Custom law"

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Zankovsky, Sergey S., and Petr P. Battakhov. DISSERTATION LAW: REGULATORY FRAMEWORK, PRACTICE AND CUSTOMS IN RUSSIA. DOI CODE, 2021. http://dx.doi.org/10.18411/1556-4590-7677-88654.

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The article considers the normative and practical aspects of the dissertation law, work of dissertation councils and certain elements of the procedures for defending dissertations. The importance of thorough preparation for the defense is emphasized and its directions are defined. Special attention is paid to the quality of the provisions submitted for defense. The analysis of typical errors in the formulation of such provisions is given.
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Brockners, F., and Y. Serbest. Virtual Private LAN Service (VPLS) Interoperability with Customer Edge (CE) Bridges. Edited by A. Sajassi and D. Mohan. RFC Editor, 2011. http://dx.doi.org/10.17487/rfc6246.

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Eisenberg, J. Electric Industry Restructuring in Ohio: Residential and Low Income Customer Impacts. Office of Scientific and Technical Information (OSTI), 2001. http://dx.doi.org/10.2172/814110.

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Adsit, Sarah E., Theodora Konstantinou, Konstantina Gkritza, and Jon D. Fricker. Public Acceptance of INDOT’s Traffic Engineering Treatments and Services. Purdue University, 2021. http://dx.doi.org/10.5703/1288284317280.

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As a public agency, interacting with and understanding the public’s perspective regarding agency activities is an important endeavor for the Indiana Department of Transportation (INDOT). Although INDOT conducts a biennial customer satisfaction survey, it is occasionally necessary to capture public perception regarding more specific aspects of INDOT’s activities. In particular, INDOT needs an effective way to measure and track public opinions and awareness or understanding of a select set of its traffic engineering practices. To evaluate public acceptance of specific INDOT traffic engineering activities, a survey consisting of 1.000 adults residing within the State of Indiana was conducted. The survey population was representative in terms of age and gender of the state as of the 2010 U.S. Census. The survey was administered during the months of July and August 2020. Public awareness regarding emerging treatments not currently implemented in Indiana is low and opposition to the same new technologies is prominent. Older or female drivers are less likely to be aware of emerging treatments, and older drivers are more likely to oppose potential implementation of these treatments. Although roundabouts are commonplace in Indiana, multi-lane roundabouts remain controversial among the public. Regarding maintenance and protection of traffic during work zones and considering full or partial roadway closure, public preference is for partial closure; this preference is stronger in rural areas. The public equally agrees and disagrees that INDOT minimizes construction related traffic delays. Approximately 76% of Indiana drivers believe themselves to above average drivers, while an additional 23% believe themselves to be average. Driver perceptions of average highway speeds speed are not aligned with posted speed limit as the perceived average speed on Indiana’s urban freeways and rural and urban state highways is considerably higher than the actual speed limit.
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Building Profitable and Sustainable Community Owned Connectivity Networks. Academy of Science of South Africa (ASSAf), 2021. http://dx.doi.org/10.17159/assaf.2019/0065.

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The IID seminar titled “Building Profitable and Sustainable Community Owned Connectivity Networks”, was hosted on 31 August 2020 on Zoom Webinar. The 2019 White Paper on science, technology and innovation (STI) recognise the pivotal enabling role of information and communication technologies (ICTs) in realising an inclusive and prosperous information society and knowledge economy. One of the Department of Science and Innovation (DSI)’s key role is to catalyse the digital ecosystem and develop scalable models for community owned connectivity networks to replicate in other areas. Rural areas provide challenging environment to implement communication infrastructure for data and Internet based services, including high cost of network implementation and lack of customer base, low-income streams, highly scattered and low population density. The DSI has thus partnered with the University of Western Cape (UWC), the Mankosi Village community, with support from the Technology Innovation Agency (TIA) to scaleup the Zenzeleni Community Owned Connectivity Networks (COCN). The Zenzeleni COCN has been in existence since 2012 and provides timely, reliable and affordable Wi-Fi connectivity to the remote rural areas of Mankosi and Zithulele in Mthatha. The webinar, facilitated by Ms Ellen Fischat from Story Room aimed to look at how rural and township wireless connectivity models, including Zenzeleni COCN can be scaled-up to increase the number of people connected in the rural settings, more so in light of the COVID-19 crisis. It is evident from the proceedings the need for community networks to provide access to connectivity and also more importantly, what connectivity enables. Subsequent discussions would need to focus on the users and owners of these community networks to understand how their lives have improved through the deployment of the technology. This will shed light of the financial feasibility and benefit.
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