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Journal articles on the topic 'Occupancy rights'
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1
Huber, Jakob, and Fabio Wolkenstein. "Gentrification and occupancy rights." Politics, Philosophy & Economics 17, no. 4 (2018): 378–97. http://dx.doi.org/10.1177/1470594x18766818.
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What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must also agree on limiting the impact of gentrification on peoples’ lives. Limiting gentrification’s impact, however, does not entail halting processes of gentrification once and for all.
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Oshio, P. E. "Mortgages Under the Rights of Occupancy System in Nigeria." Journal of African Law 33, no. 1 (1989): 19–30. http://dx.doi.org/10.1017/s0021855300007956.
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The Land Use Act, 1978 (hereinafter referred to, where the context admits, as “the Act”) introduced a uniform State ownership of land otherwise known as the Rights of Occupancy System in Nigeria. Section 1 of the Act vests all land within the territory of each State in the Federation in the Governor of the State to hold upon trust for the use and common benefit of all Nigerians. Section 5 empowers the Governor in respect of land whether or not in an urban area to grant a Statutory Right of Occupancy to any person for all purposes, while Section 6 empowers the Local Government, where appropriate, in respect of land in a non-urban area to grant a Customary Right of Occupancy to any person. By Sections 34 and 36 former owners of land become deemed holders of rights of occupancy into which their former ownership rights have been transformed by operation of law.The Act continues to attract comments from learned writers as to its effect on various aspects of property law. However, it would appear that not many writers have focused particularly on the effect of the Act on the law of mortgages. This is not to say that the subject is not important, nor that the Act has not significantly affected the law and practice of mortgages. The object of this article is to fill this vacuum.
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STILZ, ANNA. "Occupancy Rights and the Wrong of Removal." Philosophy & Public Affairs 41, no. 4 (2013): 324–56. http://dx.doi.org/10.1111/papa.12018.
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Moore, Margaret. "Occupancy rights: life planners and the Navajos." Critical Review of International Social and Political Philosophy 23, no. 6 (2020): 757–64. http://dx.doi.org/10.1080/13698230.2020.1797388.
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Mancilla, Alejandra. "Occupancy rights: dynamic as well as located." Critical Review of International Social and Political Philosophy 23, no. 6 (2020): 765–72. http://dx.doi.org/10.1080/13698230.2020.1797389.
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Tadros, Victor. "Inheriting the Right of Return." Theoretical Inquiries in Law 21, no. 2 (2020): 343–67. http://dx.doi.org/10.1515/til-2020-0017.
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AbstractThis Article assesses one kind of argument for an intergenerational right of return in the context of the Israel/Palestine conflict. The question is whether descendants of those who were made refugees in the 1948 War can acquire occupancy rights from their parents through inheritance and bequest over territory that they have never lived on. Standard arguments for their inheriting such rights fail for a range of reasons. However, a less familiar argument for inheritance or bequest succeeds—descendants can acquire such rights because their parents have an interest in their being able to live the kind of life that, due to the violation of their rights, they were deprived of.
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Angell, Kim. "A Forward-Looking Justification of Territorial Rights." Political Studies 65, no. 1 (2016): 231–47. http://dx.doi.org/10.1177/0032321715619432.
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According to a prominent forward-looking justification of territorial (jurisdictional) rights, people may establish such rights over a piece of land if they develop economic and/or religious-cultural life plans the satisfaction of which requires controlling it. This argument suffers from a gap problem. The relevant life plans can be satisfied without granting their holders jurisdictional authority. Having lesser entitlements, such as occupancy rights, is sufficient. In this article, I offer a new forward-looking justification which plugs this justificatory gap. It follows the general framework of life plans-arguments, but develops a new category of plans: a person’s political plan to exercise her democratic autonomy as a citizen of the state under which she (or her group) has lived, or is living.
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Nikonchuk, I. A. "Legal Guarantees of Tenants' Rights to the Occupancy of Vacated Living Accommodations in Apartments." Soviet Law and Government 25, no. 4 (1987): 62–68. http://dx.doi.org/10.2753/rup1061-1940250462.
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Moore, Margaret. "On Rights to Land, Expulsions, and Corrective Justice." Ethics & International Affairs 27, no. 4 (2013): 429–47. http://dx.doi.org/10.1017/s0892679413000373.
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This article examines the nature of the wrongs that are inflicted on individuals and groups who have been expelled from the land that they previously occupied, and asks what they might consequently be owed as a matter of corrective justice. I argue that there are three sorts of potential wrongs involved in such expulsions: being deprived of the moral right of occupancy; being denied collective self-determination; and having one's property rights violated. Although analytically distinct, all of these wrongs are likely to be perpetrated when people are expelled from their homelands. Although there is substantial literature on corrective justice dealing with such cases, most of that literature focuses on the expropriation of property only, and is therefore unlikely to grasp the full implications of the wrong done or to reveal the full extent of what might be owed to people as a matter of corrective justice.
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Moore, Margaret. "Is Canada Entitled to the Arctic?" Canadian Journal of Philosophy 50, no. 1 (2019): 98–113. http://dx.doi.org/10.1017/can.2019.8.
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AbstractThis article is interested in the general question of what justifies territorial rights over unoccupied places, including places that are not occupied but are situated within the territorial borders of a state. This question arises because one of the most common defenses of rights over territory makes use of the idea of occupancy and has difficulty explaining such rights in places that are not occupied. It explores this question through an examination of the claims and arguments in the Canadian Arctic, which provides an historically specific test case for the merits and plausibility of the various arguments appealed to. It argues that territorial rights in unoccupied places, including the Canadian Arctic, are justified on different grounds than in occupied parts of the territory, and that the justification also affects the kinds of rights—particularly over resources—that such states can claim.
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Robinson, M. P., and M. M. Ross. "Traditional land use and occupancy studies and their impact on forest planning and management in Alberta." Forestry Chronicle 73, no. 5 (1997): 596–605. http://dx.doi.org/10.5558/tfc73596-5.
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Canada is an international leader in the methodology of traditional land use and occupancy mapping as a result of the negotiation process for settling comprehensive land claims in the North. Since the early 1980s this methodology has found increasing application in the Canadian mid-North, especially in the context of forest planning and management in the northern Alberta Forest Management Agreement (FMA) areas. The goals of traditional land use and occupancy mapping in these FMAs include collection and preservation of traditional environmental knowledge, integration of this knowledge into forest planning and management and, for the Aboriginal communities, active participation in decision-making processes in order to attain sustainable forest management. While the first goal is often met in mapping projects, goals two and three are proving harder to achieve because of conflicting government policy agendas, differing paradigms of community development in society at large, and the lack of recognition and legal protection for Treaty and Aboriginal rights. Key words: traditional land use and occupancy studies, traditional environmental knowledge, bush economy, co-management
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Allison, Stephen, Tarun Bastiampillai, Richard O’Reilly, Steven S. Sharfstein, and David Castle. "Widespread emergency department access block: a human rights issue in Australia?" Australasian Psychiatry 27, no. 1 (2018): 10–13. http://dx.doi.org/10.1177/1039856218810156.
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Objective: There are increasing demands on emergency psychiatrists with higher numbers of mental health presentations, and longer stays in emergency departments (EDs). Australia, like other English speaking countries, funds considerably lower numbers of psychiatric beds than average for Organisation for Economic Co-operation and Development (OECD) countries. Consequently, acute bed occupancy is high, and a bed is frequently unavailable when a person needs admission. Patients with serious mental illness can wait days in busy and overstimulating EDs, become agitated and assaultive, and then require chemical and physical restraint. All patients have a right to safe high quality care, but the paucity of beds deprives patients of this right. The Australasian College of Emergency Medicine recommends reporting ED access block to health ministers, and human rights and/or health rights commissioners, and recommends increased funding for inpatient psychiatric care, emergency mental health and after-hours community services, together with more alcohol and other drug programs. Conclusions: It is challenging for emergency physicians and psychiatrists to provide optimal care for acutely unwell patients who stay extended periods in the ED. Increasing the availability of inpatient care must be considered as part of a comprehensive solution for minimising ED lengths of stay in Australia.
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Recio, Redento B. "How can street routines inform state regulation? Learning from informal traders in Baclaran, Metro Manila." International Development Planning Review: Volume 43, Issue 1 43, no. 1 (2021): 63–88. http://dx.doi.org/10.3828/idpr.2019.32.
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Informal vendors have occupied the streets of Metro Manila’s Baclaran district since the 1950s. Their presence has generated policies seeking to manage or banish street hawking. Years of street occupancy, however, have enabled the vendors to enforce grassroots mechanisms to appropriate streetscapes. In this paper, I analyse three routinised practices - the haging occupancy, the Bermonths routine and the various finance-generating schemes - that have enabled vendors to persist amidst the changing socio-political conditions. These practices capture the Baclaran hawkers’ insecure access to contested spaces, how they capitalise on a socio-temporal dimension of informality, how they cope with economic distress, and how they enforce a set of property rights arrangements. Understanding these grassroots practices, which are embedded in the precarity of street life, can inform responsive policies on urban informal trading.
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Lee, Jooyoung, Jihye Byun, Jaedeok Lim, and Jaeyun Lee. "A Framework for Detecting Vehicle Occupancy Based on the Occupant Labeling Method." Journal of Advanced Transportation 2020 (December 2, 2020): 1–8. http://dx.doi.org/10.1155/2020/8870211.
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High-occupancy vehicle (HOV) lanes or congestion toll discount policies are in place to encourage multipassenger vehicles. However, vehicle occupancy detection, essential for implementing such policies, is based on a labor-intensive manual method. To solve this problem, several studies and some companies have tried to develop an automated detection system. Due to the difficulties of the image treatment process, those systems had limitations. This study overcomes these limits and proposes an overall framework for an algorithm that effectively detects occupants in vehicles using photographic data. Particularly, we apply a new data labeling method that enables highly accurate occupant detection even with a small amount of data. The new labeling method directly labels the number of occupants instead of performing face or human labeling. The human labeling, used in existing research, and occupant labeling, this study suggested, are compared to verify the contribution of this labeling method. As a result, the presented model’s detection accuracy is 99% for the binary case (2 or 3 occupants or not) and 91% for the counting case (the exact number of occupants), which is higher than the previously studied models’ accuracy. Basically, this system is developed for the two-sided camera, left and right, but only a single side, right, can detect the occupancy. The single side image accuracy is 99% for the binary case and 87% for the counting case. These rates of detection are also better than existing labeling.
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Sholanke, Oladipo O. "Three Supreme Court Cases on Compulsory Acquisition of Land in Nigeria." Journal of African Law 58, no. 2 (2014): 266–77. http://dx.doi.org/10.1017/s0021855314000096.
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AbstractThe law of compulsory acquisition of land in Nigeria is rooted in the country's constitution. It is enshrined that every Nigerian has the right to own private property and that such property shall not be acquired compulsorily, except in the manner and for the purposes prescribed by a law that requires both the payment of prompt compensation and compliance with the rule of law on access to court. In 2012, the Supreme Court of Nigeria delivered three decisions on the compulsory acquisition of land or the revocation of occupancy rights; Alhaji Tsoho Dan Amale v Sokoto Local Government and Others; Goldmark Nigeria Limited and Others v Ibafon Company Limited and Others; and Ohochukwu v Attorney General of Rivers State and Others. These three cases laid down principles on the subject which are worthy of exposition.
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Nunn, Samuel. "Public Rights-Of-Way, Public Management, and the New Urban Telecommunications Infrastructure." Public Works Management & Policy 3, no. 1 (1998): 51–72. http://dx.doi.org/10.1177/1087724x9800300105.
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Public right-of-way (PROW) is prime real estate for the telecommunications industry. Cable television and wired and wireless networks are the latest to seek PROW, and conflicts occur among local governments, utility systems, telecommunications providers, and the federal government. Should local governments profit from ownership of PROW or should utility and telecommunications interests be permitted to capture the profit generated from establishing networks that use extensive PROW? This question is analyzed, resulting in four key findings. First, historically, private utilities had the upper hand in right-of-way (ROW) occupancy, using bribery, negotiation, and eminent domain. Second, local jurisdictions have a defensible rationale for PROW management, but the change from wired to wireless systems is weakening municipal control. Third, federal law has set the parameters of local control of telecommunications PROW. Fourth, local PROW management can be reduced to a set of fee-based policies designed to allow jurisdictions to recover costs associated with controlling ROW.
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Nakamura, Shohei. "Does slum formalisation without title provision stimulate housing improvement? A case of slum declaration in Pune, India." Urban Studies 54, no. 7 (2016): 1715–35. http://dx.doi.org/10.1177/0042098016632433.
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Though previous studies have examined how formalising land tenure affects housing improvements in informal settlements, the role of tenure security and its long-term influence remain unclear. In response, this paper quantitatively examines the extent to which formalising land tenure by way of slum declaration has stimulated housing improvements during the last three decades in the slums of Pune, India. Since slum declaration guarantees residents occupancy but not full property rights, this study focuses on how tenure security contributes to housing outcomes, such as materials, size, the number of floors and the amount of money spent for the improvements. Using original household survey data, analysis involving propensity score matching and difference-in-differences methods reveals that slum declaration has tripled a household’s likelihood of having added a second floor and, albeit less clear, increased the average amount of money spent on housing improvements. At the same time, slum declaration has not induced any improvement in housing materials, largely since many residents of non-formalised slums have also replaced materials. These results indicate that slum declaration, even in the long run, has continued to influence housing investments in Pune’s slums, in terms of both type and amount spent, though residents of non-formalised slums have also come to enjoy certain de facto tenure security. Among other implications for policy, these findings underscore that governments should at least provide legal assurance of occupancy rights in informal settlements, even if active interventions such as slum upgrading and titling are currently difficult.
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Willis, K. G., and A. G. Tipple. "Economics of multihabitation: Housing conditions, household occupancy and household structure under rent control, inflation, and nonmarketability of ownership rights." World Development 19, no. 12 (1991): 1705–20. http://dx.doi.org/10.1016/0305-750x(91)90014-9.
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Emmer De Albuquerque Green, Caroline, Anthea Tinker, and Jill Manthorpe. "Respecting care home residents’ right to privacy: what is the evidence of good practice?" Working with Older People 22, no. 4 (2018): 198–210. http://dx.doi.org/10.1108/wwop-06-2018-0014.
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Purpose The purpose of this paper is to review and discuss evidence of good practice in respecting care home residents’ right to privacy. The right to privacy is a fundamental human right as enshrined in international and domestic law and standards. In the context of increasing interest in using a human rights approach to social care in care homes for older people, this literature review summarises research evidence on what respecting the human right to privacy of care home residents entails in practice. Design/methodology/approach This literature review followed a rigorous systematic approach to the scoping review, inspired by the Joanna Biggs Institute’s guidelines for conducting systematic reviews. A total of 12 articles were included in the review. Findings The research took a multidimensional understanding of privacy in their studies. The dimensions can be categorised as physical, inter-relational or related to personal data. The review highlights three good practice points. First, it is good privacy practice in care homes to make available single-occupancy bedrooms to residents since this offers the opportunity to personalising this physical space with furniture and web belongings, adding a sense of ownership over the space. Second, residents appreciate being able to choose when and how they spend their time in their own bedrooms. Third, it is good practice to respect residents’ private physical space and private choices, for example by knocking on doors before entering or agreeing with the resident when it is permissible to enter. The review also found that in some studies privacy considerations were relevant to communal living areas within care homes, including the use of surveillance cameras and the sharing of personal data. Originality/value This literature review adds to the body of academic literature on human rights and social care in practice. It also highlights areas for future research relating to the right to privacy in care homes.
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Alcock, Nathaniel W., and Robert A. Meeson. "Baddesley Clinton: Architectural: Responses to Social Circumstances." Antiquaries Journal 87 (September 2007): 295–345. http://dx.doi.org/10.1017/s0003581500000937.
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In 2002, the National Trust commissioned a detailed survey of the timberwork of the moated manor house at Baddesley Clinton, coupled with an extensive dendrochronology programme. The results have radically revised our understanding of the house and of the way that its complex development reflects the changing circumstances and social expectations of its occupiers from the medieval period to the nineteenth century. The integration of documentary sources, structural analysis and tree-ring dating has enabled the house to be portrayed as the product of a quest for greater comfort and privacy, of social responses to changing family circumstances and of the exercise of dower rights by widows, resulting in several periods of joint occupancy.
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Masalha, Nur. "Jewish Fundamentalism and the ‘Sacred Geography’ of Jerusalem in Comparative Perspective (1967–2004): Implications for Inter-Faith Relations." Holy Land Studies 3, no. 1 (2004): 29–67. http://dx.doi.org/10.3366/hls.2004.3.1.29.
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Since the occupation of East Jerusalem and the West Bank by Israel in 1967 radical Judaism has developed into a major force, with a considerable influence on the attitudes and votes of many Israelis. The new messianic fervour centres on the building of the Temple on the site of the Muslim shrines in Jerusalem. This article explores the rise of a variety of Jewish fundamentalism in Israel and its implications for community, nationalist and interfaith relations in the Holy Land. It examines, in particular, the social and political conditions under which these fundamentalist attitudes have evolved. It explores evolving attitudes towards the ‘sacred geography’ of Jerusalem and rights of occupancy, within the wider context of multifaith relations and comparative (Jewish, Muslim and Christian) perspectives.
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Yohanes Firmansyah and St. Laksanto Utomo. "A Hospital's Legal Responsibility For Patient Rights During The Covid-19 Pandemic - A Review From The Health Sector's Law Regulations." Jurnal Indonesia Sosial Sains 2, no. 8 (2021): 1392–406. http://dx.doi.org/10.36418/jiss.v2i8.392.
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The hospital's legal responsibility to fulfill the patient's rights cannot be separated from the hospital's obligations to the patient, according to the law. This is governed by the Health Law, the Hospital Law, and the Law on Medical Practice. Various statutory provisions were also applied during the Covid-19 pandemic, which was declared a public health emergency, including the Infectious Disease Outbreak Law, the Health Quarantine Law, Presidential Decree No. 11 of 2020 concerning the Determination of the Corona Virus Disease 2019 (Covid-19) Public Health Emergency, and Permenkes No. 4 of 2018 concerning Hospital Obligations and Patience. In practice, the growing number of Covid-19 cases in Indonesia has resulted in hospitals being unable to accommodate patients in need of treatment, particularly those with severe and critical conditions who require intensive care units. With bed occupancy rates (BOR) exceeding 85 percent in almost all hospitals, the community must understand that hospitals must prioritize care for patients with moderate, severe, or life-threatening conditions. In any case, the Covid-19 pandemic had an effect on the quality of hospital care provided to patients. The study used normative juridical research methods and empirical evidence to examine hospitals' legal responsibility for upholding patient rights during the Covid-19 pandemic. The study's findings indicate that, despite limitations in providing excellent health care to patients, hospitals must uphold patient rights to safety and security during hospitalization. As a result, it is necessary to establish a legal framework that protects the rights of health care workers and hospitals providing services to patients during this pandemic, particularly the protection of work standards, occupational health and safety standards, and labor social security standards. In terms of facilities and infrastructure, the government must assist by increasing the number of emergency hospitals to accommodate the anticipated increase in Covid-19 patients.
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Gilbert, Jérémie. "Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title." International and Comparative Law Quarterly 56, no. 3 (2007): 583–611. http://dx.doi.org/10.1093/iclq/lei183.
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AbstractWithin common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving from prior occupation. The article analyses how the common law doctrine builds a bridge between past events and contemporary land claims. The aim of this article is to examine to what extent the common law doctrine proposes a potential model for the development of a legal theory on the issue of indigenous peoples' historical land claims. In doing so the article analyses how the common law doctrine compares with international law when dealing with historical arguments by focusing on issues of intertemporal law and extinguishment.
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Herman, Herman, and Asnawi Manaf. "Preferensi Bermukim Tenaga Kerja Kawasan Industri Makassar." JURNAL PEMBANGUNAN WILAYAH & KOTA 12, no. 3 (2016): 293. http://dx.doi.org/10.14710/pwk.v12i3.12904.
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The consequences of population growth is the increasing housing needs of the community. Labor is part of the low and middle-income people should get the attention of government and developers to meet the housing needs. Problems of housing and settlements can not be regarded as a functional and purely physical problems, but more complex as the problems related to the dimensions of social life that includes social, economic, cultural, ecological, technological and political. Provision of occupancy against labor by governments or developers should consider the desire and tendency to settle labor based on its characteristics as a prospective occupant so as to create housing that is accommodative to the occupants. Preferences settled labor of Makassar Industrial Estate is divided into four categories, which are not thinking of moving their homes, thinking of moving residential, residential moving plan and is ready to move occupancy. Based on the study of labor industrial area of Makassar, obtained results indicate that there are 59% of the workforce did not think to move dwelling occupied at the moment. 32% of its workforce started thinking to relocate occupancy but do not know the right time to move on, 7% of its workforce is planning to move the occupancy by a predetermined time and 2% of the workforce that is ready to move current occupancy. Socio-economic characteristics, housing and residential environment that significantly affect labor preference settled industrial area of Makassar is marital status, type of occupancy, status of ownership and residential neighborhood tranquility.
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Cebrián Salvat, María Asunción. "Los efectos patrimoniales de las parejas no registradas en Derecho internacional privado español = The patrimonial effects of unregistered couples in Spanish Private International Law." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (2018): 127. http://dx.doi.org/10.20318/cdt.2018.4147.
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Resumen: El nuevo Reglamento 1104/2016 se ocupa de la competencia judicial internacional, la Ley aplicable y el reconocimiento de decisiones relativas a los efectos patrimoniales de las uniones de hecho registradas. ¿Pero qué ocurre con los efectos patrimoniales de las uniones de hecho no registradas? Estas comunidades de vida, cada vez más comunes en España, conllevan también consecuencias económicas. Cuando se acaba el amor empiezan los litigios. Los integrantes de la pareja pueden reclamar alimentos debidos, pensión por desequilibrio, adjudicación de la vivienda y del ajuar familiar o posibles derechos sucesorios. En este trabajo se analizará la competencia judicial internacional y la Ley aplicable al patrimonio de las parejas de hecho no registradas en Derecho internacional privado español.Palabras clave: Normas de producción interna, competencia judicial internacional, ley aplicable, parejas de hecho, parejas no casadas, uniones de hecho.Abstract: New Regulation 1104/2016 deals with the assessment of international jurisdiction, applicable law and extraterritorial validity of decisions relating to the patrimonial effects of registered partnerships. The patrimonial effects of unregistered couples remain subject to domestic rules. These unions are more and more common in Spain and they also entail economic consequences. When love ends, litigation starts. The former partners can proceed against each other claiming for maintenance, compensatory allowances, rights of use and occupancy of the house or household effects and potential inheritance rights. This paper addresses the determination of international jurisdiction and applicable law on these matters under Spanish private international law.Keywords: Domestic rules, international jurisdiction, applicable law, civil partnerships, unmarried couples, de facto unions.
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Walsh, Emily. "“Family-friendly” tenancies in the private rented sector." Journal of Property, Planning and Environmental Law 11, no. 3 (2019): 230–43. http://dx.doi.org/10.1108/jppel-04-2019-0020.
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Purpose This paper aims to analyse the extent to which the government’s recent proposals to end no-fault evictions will result in “family-friendly” tenancies. Design/methodology/approach It applies the theoretical scholarship on the meaning of family and home to the current law relating to private rented tenancies and the government’s proposals to increase security of tenure in the private rented sector. Findings Security of tenure is important to a number of the key aspects of home. However, feelings of home are better protected by security of occupancy, which requires more than de jure security of tenure. For families to feel at home in the private rented sector, they must be permitted to personalise their home and to keep pets. Further legislative changes could achieve these changes. However, for families to really make a home in the private rented sector, they need to exercise some choice over where they live and for low-income families; this will only be possible with broader policy changes. Originality/value This paper contributes to the important scholarship on the meaning of home and applies this to the very current debate on the rights of tenants in the private rented sector.
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Morantz, Alison D. "There's No Place Like Home: Homestead Exemption and Judicial Constructions of Family in Nineteenth-Century America." Law and History Review 24, no. 2 (2006): 245–95. http://dx.doi.org/10.1017/s0738248000003333.
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In 1871, former slave Lettie Marshall sued the estate of B. G. Marshall, her former master, arguing that she was entitled to farm two hundred acres of his land in Fort Bend County, Texas. Her claim was based on a “homestead exemption” provision of the Texas Constitution, which exempted the homestead of a “family” from “forced sale for debts” and vested continued occupancy rights in surviving “family” members after the death of the family head. After Emancipation, Marshall and her family had become sharecroppers on B. G. Marshall's estate and continued to farm the land until his death. At trial, Marshall portrayed herself as B. G. Marshall's “confidential servant” whom he treated “like she was one of the family.” As proof that their bond transcended a mere contractual relationship, she noted that he had entrusted her with overseeing a “squad of eight or ten hands,” and that upon occasion she “lent him money” and even “lived in the same house with Marshall, who was a cripple, and … waited on him, ” when her legal status no longer obliged her to do so. Not only did she fulfill “all of the duties and relations to him of mother, sister, and daughter,” but Lettie Marshall, her husband, and their descendents were the only named beneficiaries of his will.
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Krčílková, Š., and V. Janovská. "Land Tenure as a Factor Underlying Agricultural Landscape Changes in Europe: A Review." Scientia Agriculturae Bohemica 47, no. 2 (2016): 68–81. http://dx.doi.org/10.1515/sab-2016-0011.
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Abstract Land tenure is generally considered to be an important factor affecting farming, landscape, and rural development. This paper reviews selected case studies to identify how land tenure influences agricultural landscape changes in Europe. We identified how land tenure information was transformed into variables, grouping these variables into general thematic categories: (1) land rights variables based on references to the type of stakeholders and duration of land occupancy, (2) land structure variables describing general land structure, and (3) behavioural variables dependent on stakeholders’ attitudes, perceptions, and personal values. Each thematic category can be defined on three spatial levels: parcel or production block, stakeholder, and landscape. The results show that the tenure factor is not frequently included into landscape-change studies. When a land tenure factor was part of a given study, it either played a minor role among other drivers of landscape change or, if it influenced significant landscape changes, it had only locally specific effects. Moreover, there were studies with contradictory results and so it is difficult to generalize specific findings. Nevertheless, land tenure is frequently discussed within landscape-change research in relation to land abandonment as well as green services and their connection with the European Union’s Common Agricultural Policy.
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Guo, Feng, Haocheng Sun, Yuye Chen, and Jiangning Fang. "Study on the Right of Residents in Urban Residential District." SHS Web of Conferences 96 (2021): 01007. http://dx.doi.org/10.1051/shsconf/20219601007.
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Due to the lack of the urban household registration or property owner, many residents of urban residential areas in China have been in the state of lack of rights. The policy of "Equal rights for home tenants and owners" cannot play a practical role due to the lack of legal norms. "Home ownership" and "Right of residents" contain different contents. That is, "equal access to basic public services and social welfare of the place of residence, as well as the right to participate in decision-making, management and supervision of public affairs in residential communities and residential areas due to the fact of stable residence." The rights of the occupants is different from housing right and habitation right. The right of the occupants has not only legal basis, but also practical basis.
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Muthigani, Edmund, Stephen Diang'a, and Wanyona Githae. "Assessment of the Social and Economic Impact of Innovative Construction in Housing in Slum Upgrading: A Case of Mathare Valley, Nairobi." International Journal of Soft Computing and Engineering 11, no. 1 (2021): 8–12. http://dx.doi.org/10.35940/ijsce.a3520.0911121.
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Background: Adequate descent housing is a universal human rights integral component. Resources’ costs and intensified rural-urban migration increase demand for sustainable housing. Modern knowledge-based-economy uses innovation. Construction industry uses product and process innovation to provide adequate and descent low-cost housing. Kenya adopted innovation practices of slum upgrading that uses cost effective locally available building materials. This study looked at the outcomes; social and economic impacts of innovative construction in housing in the Mathare Valley Slum upgrading project Methods: This post occupancy study used exploratorydescriptive research design. Random sampling was used to sample 384 users of low-cost housing projects in Mathare Valley, Nairobi County. Research instruments included semi-structured questionnaires and interview guides. Pilot study, validity and reliability tests ensured quality of study. Ethical considerations included university approval and consent. Statistical package for social sciences (SPSS) software version 21 was applied to compute the descriptive and inferential statistics. Findings: Slum-upgrading had significant-positive outcome on improved houses and community. Social impacts included communal facilities; assurance of security of tenure; and retained frameworks of establishments. Economic impacts included employment; affordable and durable units (p values <0.05). Upgrading process did not influence rent fees, was corrupt and led to displacement of residents. Conclusion: Slum upgrading process affected positively. Similar projects should consider residents in decision-making.
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Kutsevych, V. "Formation of architectural and planning organization of general education schools with inclusive education." Research and methodological works of the National Academy of Visual Arts and Architecture, no. 27 (February 27, 2019): 17–25. http://dx.doi.org/10.33838/naoma.27.2018.17-25.
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With the ratification of the United Nations Convention on the Rights of Persons with Disabilities (UN General Assembly Resolution 6/106, adopted at 61 session of the UN General Assembly, 2006), the Law of Ukraine No. 176-VI dated December 13, 2009 approved a number of legislative acts. Thus, the Convention on the Development of Inclusive Education, approved by the order of the Ministry of Education and Science of Ukraine dated 10.10.2010 No. 912 states that inclusive education is a complex process of ensuring equal access to quality education for children with special educational needs by organizing their education in general educational institutions based on the application of personally oriented teaching methods, taking into account the individual peculiarities of educational and cognitive activity of such children.
 The solution of the problem of organizing inclusive education in general educational institutions of Ukraine is aimed at fulfilling the provisions of the UN Convention on the Rights of Persons with Disabilities, which led to intensification of scientific research. In this direction, textbooks have been published, methodological recommendations have been developed, scientific articles have been published, defended dissertations.
 At the same time, in new school projects, investors and authors of general education institutions often do not envisage the organization of inclusive education, believing that children with special educational needs will not study in these institutions.
 First of all, we should note that in Ukraine society is not entirely prepared to solve the problem of organizing inclusive education in secondary schools. For example, not everyone knows that the formation of a class with inclusive education is carried out by the head of a comprehensive educational institution, taking into account educational needs of the population, provided that there is a necessary material and technical and methodological base, appropriate pedagogical staff and premises, in agreement with the relevant education management body.
 The article examines the issues of creating equal access for children with special educational needs to quality education by forming a comfortable architectural and planning organization of general educational institutions. Recommendations are given regarding the occupancy of classes with inclusive education, the parameters and areas of the main premises of schools are determined.
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Dudeney, John R., and David W. H. Walton. "From Scotia to ‘Operation Tabarin’: developing British policy for Antarctica." Polar Record 48, no. 4 (2011): 342–60. http://dx.doi.org/10.1017/s0032247411000520.
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ABSTRACTThe roots of a British Antarctic policy can be traced, paradoxically, back to the establishment of a meteorological station by the Scottish Antarctic Expedition in the South Orkneys, in 1903, and the indifference of the British Government to its almost immediate transfer to the Argentine Government. It was from that modest physical presence upon Laurie Island that Argentina came increasingly to challenge British claims to the sovereignty of the Falkland Islands Dependencies (FID), first in the late 1920s and then more extensively in the second world war. This challenge shaped British policy for the next forty years, with further complications caused by overlapping territorial claims made by Chile and the possible territorial ambitions of the USA. Britain's eventual response, at the height of World War II, was to establish permanent occupation of Antarctica from the southern summer of 1943–1944. This occupation was given the military codename Operation Tabarin. However, it was never a military operation as such, although monitoring the activities of enemy surface raiders and submarines provided a convenient cover story, as did scientific research once the operation became public. Whilst successive parties, rich in professional scientists, considerably expanded the pre-war survey and research of the Discovery Investigations Committee, their physical occupancy of the Antarctic islands and Peninsula was essentially a political statement, whereby the Admiralty and Colonial Office (CO) strove to protect British territorial rights, whilst the Foreign Office (FO) endeavoured to minimise disruption to Britain's long-standing economic and cultural ties with Argentina, and most critically, the shipment of war-time meat supplies. In meeting that immediate need, Tabarin also provided the basis from which Britain's subsequent post-war leadership in Antarctic affairs developed.
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Hong, Liang, and Yun Teng Wu. "Research on the Safety of Rear Seat Occupants in the Frontal Collision." Advanced Materials Research 569 (September 2012): 795–99. http://dx.doi.org/10.4028/www.scientific.net/amr.569.795.
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To study the injury values rear seat occupants sustain in the frontal collision, this paper constructed the simulation model of the rear occupant restraint system of a vehicle model using MADYMO software. The influence of the rear 3-point seatbelt stiffness and retractor locking feature, the rear seat cushion stiffness and angle with the vehicle floor on head injury criterion HIC36, thorax 3ms resultant acceleration T3MS, thorax performance criterion THPC, left and right femur force of rear occupants were analysed through the simulation model. The conclusion shows that HIC36 drops when the seatbelt stiffness increases and retractor locking feature decreases compared to the original values; HIC36, T3MS, left and right femur force become less when the seat cushion stiffness decreases and angle increases compared to the original values.
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Ryu, Yoonji, Kihan Kim, Jong Won Paik, and Yunjae Cheong. "Determinants of audience demand for the televised professional baseball matches in Korea." International Journal of Sports Marketing and Sponsorship 20, no. 1 (2019): 184–202. http://dx.doi.org/10.1108/ijsms-12-2017-0127.
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PurposeThe purpose of this paper is to examine factors influencing the audience demand for televised post-season games of the Korean professional baseball league.Design/methodology/approachThe data were collected from a total of 129 games – the entire post-season games from 2008 to 2016. Two dependent variables representing audience demand for televised baseball matches, obtained from the third-party television audit company AGB Nielsen, were regressed on a series of match-related and unrelated antecedent factors associated with each match. Pooled OLS regression with wild bootstrap standard errors with 100,000 replications was applied in the analysis.FindingsRegarding match-related factors, higher television ratings and the greater numbers of television viewers were associated with matches with greater significance, outcome uncertainty and score sum. In terms of the match-unrelated factors, the broadcast platform appeared to be the most powerful predictor of both television ratings and the numbers of viewers. Other than the broadcast platform, night matches, matches with full stadium occupancy and team values showed positive impacts on both the television ratings and the numbers of viewers.Practical implicationsThe sales of media rights and sponsorships are the major sources of revenues for professional sports leagues, and the size of these two streams of revenues is in proportion to the size of the audience demand for television and other media. This study provides valuable insights to the sports marketers of professional sports clubs and leagues by establishing proper understanding of the determinants of the audience demand for televised sports.Originality/valueThe characteristics specific to each professional league and country play unique roles in determining the antecedent factors of audience demand for televised sports; this study is one of the few attempts to examine Koran professional baseball league.
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Sholanke, Oladipo O. "Is the Grant of Governor's Consent Under the Nigerian Land Use Act Automatic?" Journal of African Law 34, no. 1 (1990): 42–52. http://dx.doi.org/10.1017/s0021855300008184.
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In the celebrated case of Savannah Bank Limited v. Ajilo the Supreme Court of Nigeria unanimously ruled that a deemed right of occupancy under section 34(2) of the Land Use Act is the same as a right of occupancy actually granted by the Governor, with all the attendant consequences. Thus, the controversy as to whether a person who is deemed to be a holder of a right of occupancy pursuant to section 34(2) of the Act requires the prior consent of the Governor before he can transfer, mortgage, or otherwise dispose of his interest in the right of occupancy, would appear to have been finally laid to rest. Such a person needs the consent of the Governor for a valid alienation of his interest.
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Manandhar, Robina. "Land Readjustment for Regularization of Informal Settlements." Journal of Science and Engineering 6 (May 3, 2019): 40–50. http://dx.doi.org/10.3126/jsce.v6i0.23964.
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Regularization of informal settlements involves the process of legalization of tenure and upgrading of public services and infrastructures through land development. However, some settlement manages to get the services from formal authorities but lags legal tenure security. Legalization of tenure security is important so as to reduce their threat of eviction from formal authorities and improvement of their living standard. Various land development tools involves upgrading of public services and development of infrastructures but legalization of tenure security is left behind. Land development and legalization of tenure security both are the important components for regularization of informal settlements and recognize as formal settlements. Land readjustment is the tool or technique commonly used for the land development in Nepal. Thus this paper aims to indentify the applicability of land readjustment in regularization of informal settlement. In Nepal, there are prominent numbers of informal settlements along the river banks and also in urban core areas. Chadani tole along the Bagmati River is taken as a case study and analysis of applicability of land readjustment under the social and legal condition for regularization is carried out.
 This research has adopted both desk research and case study methodology. Qualitative and quantitative data analysis is adopted in this study. The results of research reveal that public participation and long term occupancy are the social positive aspects for the application of LR in informal settlements. Lack of land registration, legal recognition and development regulations are the legal hurdles for the application of LR in informal settlements. Land registration of informal settlement has not been done in Nepal which is important aspect for application of LR. Thus land registration of Nepal should include the components of STDM for the pro poor land registration and recognition of social tenure to informal settlements. Applicability of LR is difficult due to the lack of sufficient area. So to address the issue and ascertain the rights of dwellers to live in the same area, high rise apartments can be adopted.
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Eskanugraha, Andika Putra. "Musyawarah dan Mufakat Sebagai Solusi Pemanfaatan Tanah Fasilitas Umum Masyarakat." PUSKAPSI Law Review 1, no. 1 (2021): 67. http://dx.doi.org/10.19184/puskapsi.v1i1.23838.
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Utilization of land for public facilities is the ideals of the constitution as stated that "to be used for the greatest prosperity of the people" and "land to function socially" based on Law No. 5/1960 concerning Basic Agrarian Regulations. The use of land for the public facilities does not give priority rights to a party or individual. Collective use within the community must be addressed wisely and proportionally in its use. A public road that is regarded as a public facility, no one can claim to be entitled to a road because it borders or is close to the land or occupancy.
 With the closed access to the use and benefitting of roads as the public facilities, it is difficult to determine the violation of the law committed. There is a Provincial Regulation which regulates the prohibition of parking on the roads, but this prohibition is not well-regulated in other regions with its legal products. Disregarding in the community to the road users as public facilities, can become a social problem and must be resolved with a consensus reflecting the Pancasila as the life point of view. Deliberation and consensus is a solution to solving problems by involving Village Traditional Institutions or similar names based on regionalism. Deliberation and consensus as a solution to the use of land for public facilities, can produce decisions in village deliberations. The Village Customary Institution as a partner to the Village Government can propose the joint use of community public facilities to be regulated in a Village Regulation.
 Normative legal research is the method used in this study. There is no violation of legal rules in the unwise use of public facilities, making this community problem must be resolved by the community itself by prioritizing the value of the Pancasila and after that it can be elaborated in the simplest rules in the Village Regulation.
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Manihuruk, Rexon. "Third Party Legal Protection Against Investors Does Not Release the Building Rights After Termination of Contracts for Business Sites." Authentica 1, no. 2 (2020): 123–44. http://dx.doi.org/10.20884/1.atc.2018.1.2.25.
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Legal Protection for Third Parties (Occupants: Tenants) Facing Investors who do not relinquish Building Rights After the Termination of Contract Agreement for Morning Market Business Sites in Tegal City is needed. This paper uses a normative juridical research method. The main data sources of this study come from the results of decisions and documents relating to the problems faced by traders, especially those who received complaints and were sued by Investors, including decisions between the city government and investors. Based on the results of the study it can be concluded that the role of the city of Tegal to protect traders is very important as a form of legal protection for the actions of investors against the occupants of the morning market stalls block B and C morning market in Tegal City. The Tegal City Government as having legal rights and relations (compensation/ peace agreement) after terminating the contract for the place of business with the Investor to collect the obligation of the Investor to give up his rights in a preventive and repressive manner (making a claim) to the investor to carry out its obligations as agreed surrender (release) the right to use the building.Keywords: Legal Protection; Business Place Contracts; Building Use Rights
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Banire, Muiz. "Overcoming the Difficulty in Registering Caution on Certificates of Occupancy in Lagos State." Journal of African Law 47, no. 2 (2003): 244–64. http://dx.doi.org/10.1017/s0021855303002110.
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This paper examines the status of the certificate of occupancy in relation to the question of title to land in Nigeria. This is with a view to determining whether or not the present state of real property registration laws in Lagos State of Nigeria permits the registration of a caution on the certificate of occupancy so as to reveal any charge or encumbrance on the certificate of occupancy upon a cursory examination. In this regard, the paper investigates the question of whether or not the certificate of occupancy is a document of title, which assures the existence of a right of occupancy in favour of the holder.
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Mohammadi, Murtaza, Paige Wenbin Tien, and John Kaiser Calautit. "Influence of Wind Buffers on the Aero-Thermal Performance of Skygardens." Fluids 5, no. 3 (2020): 160. http://dx.doi.org/10.3390/fluids5030160.
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Many high-rise buildings have semi-enclosed landscaped spaces, which act as design elements to improve the social and environmental aspects of the building. Designs such as skygardens are open to outdoor airflow and allow occupants to observe the city skyline from a height. Due to their often high location, they are subjected to strong wind speeds and extreme environmental conditions. The current study investigates the effects of three common wind buffers (railing, hedges, and trees) located at a height of 92 m on the performance of a skygarden, in terms of occupants’ wind comfort. Computational fluid dynamics (CFD) simulations were carried out using the realisable k-epsilon method, where the vegetation was modelled as a porous zone with cooling capacity. The computational modelling of the high-rise building and vegetation were validated using previous works. The quality class (QC) of the Lawson comfort criteria was used for the evaluation of the wind comfort across the skygarden. The results indicate that, although the three wind buffers offer varying levels of wind reduction in the skygarden, the overall wind conditions generated are suitable for occupancy. Furthermore, vegetation is also able to offer slight temperature reductions in its wake. The right combination and dimension of these elements can greatly assist in generating aero-thermal comfort across skygardens.
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Ashukem, Jean-Claude N. "Land Grabbing and Customary Land Rights in Uganda: A Critical Reflection of the Constitutional and Legislative Right to Land." International Journal on Minority and Group Rights 27, no. 1 (2020): 121–47. http://dx.doi.org/10.1163/15718115-02701003.
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Abstract Despite the constitutional and legislative guarantee to land in Uganda, customary land tenure seems to suffer from inadequate legal protection, a situation that is analogous to that in the colonial and the immediate post-independence era. This article critically examines the normative content of the constitutional and legislative right to land in Uganda and argues that the customary land right is not adequately protected as the other categories of land tenure, in which land is owned and legally recognised in Uganda. It also serves to illustrate that the inadequate protection of customary land rights is analogous to the situation in the colonial and immediate post-independence era, and that weak customary land rights could be susceptible to the occupants’ deprivation during land grabbing. There is a need to address this situation in order to holistically ensure and promote an effective land governance regime that respects and protect customary land tenure.
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Omann, G. M., and L. A. Sklar. "Response of neutrophils to stimulus infusion: differential sensitivity of cytoskeletal activation and oxidant production." Journal of Cell Biology 107, no. 3 (1988): 951–58. http://dx.doi.org/10.1083/jcb.107.3.951.
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The response of human neutrophils to N-formyl peptides were studied under conditions where ligand binding was controlled by infusing a cell suspension with the peptide over a time period comparable to the normal half-time for binding. Receptor occupancy was measured in real time with a fluorescently labeled peptide using flow cytometry. This binding was approximated by a simple reversible model using typical on (7 X 10(8) M- min-1) and off (0.35/min) rate constants and the infusion rates (0.02-0.2 nM/min). Under conditions of stimulus infusion intracellular calcium elevation, superoxide generation, and right angle light scatter and F-actin formation were measured. As the infusion rate was decreased into the range of 10 pM/min, lowering the rate of increase of receptor occupancy to approximately 0.5% per min, the calcium and right angle light scatter responses elongated in time and decreased in magnitude. Superoxide generation decreased below infusion rates of approximately 100 pM/min (occupancy increasing at a rate in the range of 5% per min). This behavior could contribute to differences between chemotactic responses, which appear to require low rates of receptor occupancy over long periods, and bactericidal or inflammatory responses (free radical generation and degranulation), which require bursts of occupancy of several percent of the receptors.
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He, Katherine, Peng Zhang, and Stewart C. Wang. "Crash Telemetry-Based Injury Severity Prediction is Equivalent to or Out-Performs Field Protocols in Triage of Planar Vehicle Collisions." Prehospital and Disaster Medicine 34, no. 04 (2019): 356–62. http://dx.doi.org/10.1017/s1049023x19004515.
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AbstractIntroduction:With the increasing availability of vehicle telemetry technology, there is great potential for Advanced Automatic Collision Notification (AACN) systems to improve trauma outcomes by detecting patients at-risk for severe injury and facilitating early transport to trauma centers.Methods:National Automotive Sampling System Crashworthiness Data System (NASS-CDS) data from 1999-2013 were used to construct a logistic regression model (injury severity prediction [ISP] model) predicting the probability that one or more occupants in planar, non-rollover motor vehicle collisions (MVCs) would have Injury Severity Score (ISS) 15+ injuries. Variables included principal direction of force (PDOF), change in velocity (Delta-V), multiple impacts, presence of any older occupant (≥55 years old), presence of any female occupant, presence of right-sided passenger, belt use, and vehicle type. The model was validated using medical records and 2008-2011 crash data from AACN-enabled Michigan (USA) vehicles identified from OnStar (OnStar Corporation; General Motors; Detroit, Michigan USA) records. To compare the ISP to previously established protocols, a literature search was performed to determine the sensitivity and specificity of first responder identification of ISS 15+ for MVC occupants.Results:The study population included 924 occupants in 836 crash events. The ISP model had a sensitivity of 72.7% (95% Confidence Interval [CI] 41%-91%) and specificity of 93% (95% CI 92%-95%) for identifying ISS 15+ occupants injured in planar MVCs. The current standard 2006 Field Triage Decision Scheme (FTDS) was 56%-66% sensitive and 75%-88% specific in identifying ISS 15+ patients.Conclusions:The ISP algorithm comparably is more sensitive and more specific than current field triage in identifying MVC patients at-risk for ISS 15+ injuries. This real-world field study shows telemetry data transmitted before dispatch of emergency medical systems can be helpful to quickly identify patients who require urgent transfer to trauma centers.
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Moro, Sérgio, and Paulo Rita. "Identification of common city characteristics influencing room occupancy." International Journal of Tourism Cities 5, no. 3 (2019): 482–90. http://dx.doi.org/10.1108/ijtc-08-2018-0063.
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Purpose National tourism offices worldwide implement marketing strategies to influence tourists’ choices. However, there is more than meets the eye when it comes to choosing a city as a tourism destination. The purpose of this paper is to answer which are the characteristics that play a key role in room occupancy. Design/methodology/approach Diverse characteristics such as the city offer, demographics, natural amenities (e.g. number of beaches) and also politics (e.g. type of government) are combined into a decision tree model to unveil the relevance of each in determining room occupancy. The empirical experiments used data known in 2015 from 43 cities from Europe and the rest of the World to model room occupancy rate in 2016. Findings While the seasonality effect plays the most significant role, other less studied features such as the type of political party prior to current government were found to have an impact in room occupancy. Originality/value This study unveiled that center–right and right governments are generally more sensitive to promote its city as a tourism destination.
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Wysong, Michael L., Gwenllian D. Iacona, Leonie E. Valentine, Keith Morris, and Euan G. Ritchie. "On the right track: placement of camera traps on roads improves detection of predators and shows non-target impacts of feral cat baiting." Wildlife Research 47, no. 8 (2020): 557. http://dx.doi.org/10.1071/wr19175.
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Abstract ContextTo understand the ecological consequences of predator management, reliable and accurate methods are needed to survey and detect predators and the species with which they interact. Recently, poison baits have been developed specifically for lethal and broad-scale control of feral cats in Australia. However, the potential non-target effects of these baits on other predators, including native apex predators (dingoes), and, in turn, cascading effects on lower trophic levels (large herbivores), are poorly understood. AimsWe examined the effect that variation in camera trapping-survey design has on detecting dingoes, feral cats and macropodids, and how different habitat types affect species occurrences. We then examined how a feral cat poison baiting event influences the occupancy of these sympatric species. MethodsWe deployed 80 remotely triggered camera traps over the 2410-km2 Matuwa Indigenous Protected Area, in the semiarid rangelands of Western Australia, and used single-season site-occupancy models to calculate detection probabilities and occupancy for our target species before and after baiting. Key resultsCameras placed on roads were ~60 times more likely to detect dingoes and feral cats than were off-road cameras, whereas audio lures designed to attract feral cats had only a slight positive effect on detection for all target species. Habitat was a significant factor affecting the occupancy of dingoes and macropodids, but not feral cats, with both species being positively associated with open woodlands. Poison baiting to control feral cats did not significantly reduce their occupancy but did so for dingoes, whereas macropodid occupancy increased following baiting and reduced dingo occupancy. ConclusionsCamera traps on roads greatly increase the detection probabilities for predators, whereas audio lures appear to add little or no value to increasing detection for any of the species we targeted. Poison baiting of an invasive mesopredator appeared to negatively affect a non-target, native apex predator, and, in turn, may have resulted in increased activity of large herbivores. ImplicationsManagement and monitoring of predators must pay careful attention to survey design, and lethal control of invasive mesopredators should be approached cautiously so as to avoid potential unintended negative ecological consequences (apex-predator suppression and herbivore release).
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Foote, Michael. "On the measurement of occupancy in ecology and paleontology." Paleobiology 42, no. 4 (2016): 707–29. http://dx.doi.org/10.1017/pab.2016.24.
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AbstractOccupancy statistics in ecology and paleontology are biased upward by the fact that we generally do not have solid data on species that exist but are not found. The magnitude of this bias increases as the average occupancy probability decreases and as the number of sites sampled decreases. A maximum-likelihood method is developed to estimate the underlying distribution of occupancy probabilities of all species based only on the sample of observed species with nonzero occupancy. The method is based on determining the probability that the number of occupied sites will take on any specific value for a given occupancy probability, integrated over the entire distribution of occupancy probabilities. If the shape of the underlying distribution is well modeled, the resulting occupancy estimates circumvent the bias inherent in failing to observe some species and the fact that this bias depends on the number of sites. For occupancy data on marine animal genera drawn from the Paleobiology Database, the underlying distribution is reasonably approximated as a right-truncated log-normal, but the methods developed can be extended to any distribution. Examples are presented to illustrate some observations that are robust and others that need to be revised in light of this bias correction. The method is compared to a recently developed, distribution-free approach to the same problem.
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Webster, Craig, Chih-Lun (Alan) Yen, and Sotiris Hji-Avgoustis. "RFRA and the hospitality industry in Indiana: political shocks and empirical impacts on Indianapolis’ hospitality and tourism industry." International Journal of Tourism Cities 2, no. 3 (2016): 221–31. http://dx.doi.org/10.1108/ijtc-05-2016-0011.
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Purpose Religious Freedom Restoration Act (RFRA) is a controversial bill passed by the State of Indiana and signed into law in March 2015. The purpose of this paper is to look into whether there is empirical evidence that the political shock of RFRA had a negative empirical impact upon the hotel industry in Indiana’s major city, Indianapolis, and investigate how DMOs and other organizations in the tourism and hospitality industry worked in ways to counteract the threat of a great deal of loss of business caused by the national furor caused by the passing of the original bill in March 2015. Design/methodology/approach To fully examine the impact of RFRA on hospitality business in Indiana, secondary data were used in this study. The researchers used the Trend Market report created by Smith Travel Research (STR) (2016b) with a focus on the greater Indianapolis area, which include Indianapolis South East, Indianapolis Central Business District, Indianapolis Airport/Speedway, Indianapolis North Loop, and Indianapolis small towns. In the Trend Market report, hotel operation performance results are listed including occupancy percentage, average daily rate, revenue per available room, supply, demand, and revenue. Findings The findings from this investigation illustrate that there is no empirical reason to believe that the political shock of the RFRA controversy in Indiana in 2015 had a meaningful impact upon the hospitality and tourism industry in Indianapolis, despite concerns that it would make a big and negative impact upon the industry. While event planners may have a negative perception of the city of Indianapolis and the state, these perceptions do not seem to be enough to make a difference in terms of impacting upon the hospitality industry in Indianapolis. Originality/value There are lessons that could be learned from this, as many states in the USA continue to pass similar laws to RFRA, laws that are perceived as being problematic for those in the lesbian, gay, bisexual, and transgender (LGBT) community. The most noteworthy lesson is that the passing of laws that seem to threaten people of the LGBT community will bring a national response and will likely be accompanied with threats that are economic in nature. There is a great deal of evidence to show that passing any legislation that may be interpreted as infringing upon the rights of members of the LGBT community will result in substantial responses that may be negative in nature.
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Popov, Danica. "The notion of joint possession." Glasnik Advokatske komore Vojvodine 74, no. 9-10 (2002): 403–9. http://dx.doi.org/10.5937/gakv0212403p.
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Joint possession exists when two or more persons share actual possession of a physically indivisible thing or a right. Pursuant to the Article 70(4) of the Property Act and its definition of a possession, "two or more persons can have possession of a thing or right", is incomplete as it does not comprise the reference to "the same thing or right" or "one thing or right". The actual possession between two or more joint possessors is not divided but the exercise of rights can be organized in different ways: a) actual possession on a thing can be shared simultaneously by possessors; b) actual possession on a thing can be shared consecutively; c) one person can have the actual possession of a thing on behalf of all possessors, including the occupant; d) a third person can have the actual possession of a thing on behalf of all persons entitled to constructive possession.
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Milazzo, Joseph S., Nagui M. Rouphail, Joseph E. Hummer, and D. Patrick Allen. "Effect of Pedestrians on Capacity of Signalized Intersections." Transportation Research Record: Journal of the Transportation Research Board 1646, no. 1 (1998): 37–46. http://dx.doi.org/10.3141/1646-05.
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In Chapter 9 of the 1994 update to the 1985 Highway Capacity Manual, the operational and planning analysis of signalized intersections is discussed. The methodology for saturation flow rate estimation does not consider all elements of the interaction between pedestrians and turning vehicles. This study describes this interaction for left and right turns using a conflict-zone-occupancy approach. A conflict zone is a portion of an intersection, typically in the crosswalk, in which pedestrians and vehicles compete for space. Conflict-zone occupancy, defined as the fraction of the effective green period during which pedestrians occupy a conflict zone, provides the basis for a rational adjustment to saturation flow. This study details the results of a multiregional data collection effort that confirms the validity of the conflict-zone-occupancy approach. In addition, this study describes the effect of geometric constraints, as reflected in the number of receiving lanes versus the number of turning lanes, on turning-vehicle saturation flow. After consideration of signalized intersection phasing and turn protection, one can calculate saturation flow adjustment factors reflecting the effect of pedestrians on lane groups containing vehicles turning left ( fLpb) or right ( fRpb).
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Stoddard, Angela M. "Development of Arterial High-Occupancy-Vehicle Lane Enforcement Techniques." Transportation Research Record: Journal of the Transportation Research Board 1554, no. 1 (1996): 128–35. http://dx.doi.org/10.1177/0361198196155400116.
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The objective of this study was to develop effective enforcement techniques for arterial high-occupancy-vehicle (HOV) lanes. To accomplish this objective, enforcement techniques that have been studied for freeway HOV lanes were identified, arterial HOV lanes were classified, and cities with arterial HOV lanes were contacted to determine the experience with arterial HOV lane enforcement. During the first few weeks of operation, enforcement officers should be conspicuous on the facility, stopping violators and informing them about HOV lanes. No tickets should be issued during the first few weeks of operation. This procedure would allow violators to learn about HOV lanes without being penalized. The enforcement location should be in areas with few right turns, to minimize the number of vehicles legally turning right in the HOV lane. The violators should be stopped in an adjacent driveway or parking lot; therefore, the HOV facility can continue to operate. The recommended enforcement technique depends on the vehicle types that are allowed in the HOV lanes. For facilities with bus-restrictions only, the violation is the type of vehicle rather than the vehicle occupancy. It is recommended that video cameras be used to enforce arterial HOV lanes restricted to buses only. Video cameras can effectively determine the types of vehicles on the arterial HOV lane and can also be used for surveillance. On facilities restricted to buses and carpools, it is recommended that enforcement officers monitor vehicle occupancy. With the current technology limitations, enforcement officers can most accurately determine vehicle occupancy.