Academic literature on the topic 'Principle of merit'

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Journal articles on the topic "Principle of merit"

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Gallas, Nesta M. "Representativeness: A New Merit Principle." Public Personnel Management 14, no. 1 (March 1985): 25–31. http://dx.doi.org/10.1177/009102608501400103.

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Kettl, Donald F. "The Merit Principle in Crisis." Governance 28, no. 4 (August 27, 2015): 421–24. http://dx.doi.org/10.1111/gove.12165.

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Malleson, Kate. "Rethinking the Merit Principle in Judicial Selection." Journal of Law and Society 33, no. 1 (March 2006): 126–40. http://dx.doi.org/10.1111/j.1467-6478.2006.00351.x.

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Faisal, Faisal. "Prinsip-Prinsip Perjanjian Muamalat dalam Hukum Perbankan Syariah di Indonesia." REUSAM: Jurnal Ilmu Hukum 3, no. 1 (May 15, 2015): 1. http://dx.doi.org/10.29103/reusam.v3i1.1947.

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According to the practice of Islamic banking principles, a bank should have muamalat agreement including the principle of deposit or deposits (depository/al-wadi'ah), the principle of profit sharing (profit-sharing), purchase (sale and purchase), leases (operational and financial lease lease), and services (fee-based services). Legal agreement adheres to several principles, including the principle of the freedom of an agreement (the sense of autonomy), the principle of adjustments will, and the principle of trust. In addition, there is also the principle of binding force, the principle of legal equality, the principle of balance, the principle of legal certainty, moral principles, merit principle, and the principle of habit.
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Onah, Roseline C., and Gabriel Igwebuike Ayogu. "Diversity, Inclusive Governance and Sustainable Development in Nigeria: The Federal Character Principle in Focus." International Journal of Social Sciences and Humanities Invention 5, no. 7 (July 17, 2018): 4873–80. http://dx.doi.org/10.18535/ijsshi/v5i7.07.

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The need for inclusive governance has become more urgent in the face of the ethno-politically propelled violence prevalent in the world especially in Africa. The Federal Character Principle though introduced to redress geopolitical imbalance and bring about national integration, has become the Achilles heel of Nigerian politics. Thus, the thrust of this paper is an in-depth analysis of the Federal Character Principle as an instrument of retooling Nigeria diversity for inclusive governance and sustainable development. Through a documentary search, the paper examined the application of the principle and its effect on key principles that promote effective public service delivery and sustainable development. Our findings show that the principle has gone a long way to reduce various factors of mutual distrust and rivalries among states and geopolitical zones for sharing of the Nigerian commonwealth. However, the implementation of the principle has impinged on the application of the merit principle in public service recruitment and selection which is key to effective service delivery and sustainable development. In its varied application, the principle tries to prop the weak but downplays excellence thereby brewing injustice and inefficiency. Based on the thesis that Nigeria can only continue to seek unity and development upon the continuing basis of ethno-political diversity, the paper makes some recommendations towards a more effective application of the Federal Character Principle. These include applying the principle only at the entry level into the service while climbing up the ladder should depend on solely on merit, recruitment for post requiring specialist training should not be based on Federal Character Principle but strictly on merit among others.
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Macdonald, Duncan. "The Use of Seniority in Labour Selection and Job Allocation." Journal of Industrial Relations 31, no. 1 (March 1989): 46–68. http://dx.doi.org/10.1177/002218568903100103.

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One of the many causes of conflict within the labour process is choice of an appropriate criterion for the selection of labour and the allocation of work tasks. While merit, as a proxy for productivity or efficiency, is appropriate according to economic rationality and the principles of business management, evidence abounds of the prevalence of seniority as the criterion most used. In an attempt to explain this apparent contradiction it is hypothesised that, in many cases, management is obliged to utilise seniority because the costs of insisting upon merit are too high. These costs, in turn, are claimed to result from three factors: the difficulties of measuring merit, workers' attachment to the seniority principle and external constraints on having merit predominate. Evidence from a variety of case studies is presented in support of the hypothesis.
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Gyorfi, Tamas. "Why Is the Equal Merit Principle (Almost) Straightforwardly Wrong?" Modern Law Review 80, no. 6 (November 2017): 1052–72. http://dx.doi.org/10.1111/1468-2230.12302.

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Srivastava, Vinay Kumar. "Speaking of Caste: Merit of the Principle of Segmentation." Sociological Bulletin 65, no. 3 (September 2016): 317–38. http://dx.doi.org/10.1177/0038022920160302.

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Love, J. D. "The merit principle in the provincial governments of Atlantic Canada." Canadian Public Administration/Administration publique du Canada 31, no. 3 (October 1988): 335–51. http://dx.doi.org/10.1111/j.1754-7121.1988.tb01321.x.

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Lewis, Huw. "Liberalism, Language Revival and Employment." Political Studies 59, no. 4 (June 15, 2011): 1017–33. http://dx.doi.org/10.1111/j.1467-9248.2011.00880.x.

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Do policies that seek to revive the prospects of minority languages transgress important liberal principles? The article will explore this question by focusing on one controversial aspect of language policy in Wales: the steps taken to set Welsh language requirements for some jobs in the public sector. This is a practice that has generated substantial debate, with opponents claiming that it undermines equality of opportunity in the field of employment and, in particular, transgresses the principle of appointing on the basis of merit. It will be argued here that such objections do not stand up to scrutiny. Efforts to promote a language's position in the field of employment do not undermine the principle of merit, but merely expand slightly on its meaning. Therefore, liberals should, in principle, be willing to endorse policies similar to those adopted in Wales in recent years. Nevertheless, the fact that these policies can be endorsed in principle does not mean that liberals would wish to exclude them completely from criticism. Rather, as will also be argued, the background conditions against which they are implemented and the degree to which these can influence an individual's linguistic ability should also be considered, and in the Welsh context, at least, this is an issue that may call for further attention.
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Dissertations / Theses on the topic "Principle of merit"

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Jung, Jin-Chul. "Accountability and the merit principle in the Korean civil service." Thesis, University of Exeter, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.357690.

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Bureaucracy is an inevitable phenomenon as well as an indispensable necessity in modern society regardless of a country's size and degree of development. Its importance is stressed more in developing countries where there are few effective institutions to cope with initiating, designing, evaluating and even implementing development programmes. Further, due to homogeneity in culture and ethnicity and its vulnerable geopolitical conditions, Korea has been governed by a unitary centralised government for over a millennium, with its staff recruited through tests. By virtue of the bureaucracy's leading role, Korea has achieved outstanding economic progress since the 1960s. Recent changes in Korea, represented by political democratisation and economic development, call for reform of the bureaucracy. This persists as formed in the early 1960s for development administration. Its permeating values and attitudes are still traditional and those acquired as colonial legacies. Today, the Korean bureaucracy is being required to be accountable, responsible, responsive as well as effective, efficient Two sorts of reforms are considered here. One is control in line with democratic principles and popular expectations. The other is encouragement through personnel administration based on the merit principle. Since both are complementary to the other, these reforms should be implemented at the same time. Control without encouragement generates mal- or non-administration at best reluctant, passive and reactive administration. Encouragement without control allows the ascendancy of elite groups; competent but hard to control and thus seemingly unaccountable. In controlling the Korean bureaucracy, significant stress should be on normative constraints as well as on external, institutional and technical control systems. Under the influence of Confucianism the bureaucracy in Korea is seen as an agent to implement Heaven's will. No matter how elaborate control systems may be, in the face of complexity and professionalisation of modern bureaucracy, in the end their effectiveness depends on the will of human beings to apply them neutrally. External control cannot be disregarded, but they must be complemented by morality, integrity and ethics. In Korea this means there must be understanding of and reference to the specific culture and traditions of the country. The merit principle is a comprehensive principle governing all aspects of personnel administration. Korea has a millennium-long tradition of meritocracy in which the government officials were selected through tests of merit The merit principle is taken for granted by Koreans. The contemporary Korean civil service system is also established on the basis of such belief. However, there is a gap between the formal system and the reality of its operation. Balanced personnel practices between ministries through strengthening the central personnel agency, the normalisation of performance appraisal, and strengthening of the protection of the merit principle are essential. Politicisation, representativeness, managerialism, professionalism and trade unionism have to be treated in processes of reform. Intervention of politics into administration, and poor representativeness stemming from gender, regional and educational disparities should be addressed. Managerialism and market principle, professionalism and unionism are more positive factors in Korea
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Woodard, Colleen A. "Merit in Principle, Merit in Practice: An Investigation into Merit-based Human Resources Management Through the Lens of Title 5-exempt Federal Organizations." Diss., Virginia Tech, 2000. http://hdl.handle.net/10919/26893.

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This dissertation research investigates whether merit-based principles and practices are embedded into the HRM systems of 19 Title 5-exempt federal organizations. Title 5-exempt organizations, such as government corporations, serve as a vehicle for exploring the question of what constitutes merit in more loosely regulated public environments. This research fills a void in the discussion about how we can sustain a merit foundation in deregulated and decentralized federal human resources systems. It also captures previously uncollected information about HRM in some organizations that operate fully or partially outside the general government management laws. While the research focus is specific to certain organizations, the context is the broader issue of merit in modern government. A recognition that alternative merit-based HRM systems exist under the federal umbrella without the constraints of Title 5 is important to the overall question of what constitutes merit in federal HRM and whether merit practices must be centrally determined and controlled. The larger goal is that of offering an alternative perspective for embedding the democratic values that merit represents in a more flexible, responsive, and business-like government. The dissertation is divided into three sections that include building a generic model of merit-based HRM to identify the intrinsic components of such public HRM systems, collecting HRM data from 19 organizations through multiple case methodology, and analyzing and comparing the findings to the merit model. The discussion covers six themes emerging from the research, including the institutionalization and legalization of HRM, the impact of collective bargaining on merit, and the limited formal oversight and accountability of HRM in the studied organizations. The findings suggest that even in less regulated political environments, merit-based systems do survive and serve the changing needs of the organization. The key recommendation proposes offering the traditional federal agencies the option to develop and defend their own merit-based HRM systems under a broad public policy and accountability framework. The growth of standard HRM policies and practices in all large organizations and the increased protections in the HRM systems stemming from civil rights and employment law as well as collective bargaining offer protections similar to those merit was originally intended to provide.
Ph. D.
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Gross, Brenda. "Employment equity and the merit principle, will ever the twain meet?" Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0007/MQ36822.pdf.

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Krompasky, Renate Maria. "Merit-linked evaluation: A study of plans used with principals." Diss., The University of Arizona, 1995. http://hdl.handle.net/10150/187304.

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The purpose of this study was to investigate merit-linked evaluation plans that are in use or have been previously implemented with principals in one specific state. This study was conducted to determine what types of merit pay plans have been utilized throughout one state. Twenty districts were included in this study. Written merit pay plans, questionnaires completed by principals and superintendents, information received from telephone interviews, and personal interviews were all utilized to analyze the plans in view of their components. A review of the components led to a detailed study of the specific features found in the plans and how the features functioned in the plans. The congruency between the plans and the implementation of the plans was also studied. The supervisors' and principals' perceptions of the merit pay plans were analyzed in view of the six rationales for having a merit system. In addition, the perceptions of individuals who were currently on a merit pay plan were compared with individuals who had discontinued their merit pay plans. It was shown that the merit pay plans had a wide variety of components and features. Generally, larger districts tended to have plans that were more quantitative in nature. Smaller districts tended to have qualitative plans that were more informal. In analyzing the data on principals' perceptions, it was discovered that principals had a slightly lower perception of the impact of merit systems than their supervisors. District size did seem to affect the perceptions of the merit pay plan participants. Financial characteristics of a district also affected the perceptions about merit pay plans. In comparing the perceptions of individuals who currently had a plan and those individuals whose plans had been discontinued, significant differences were discovered. Additional findings also emerged. A good working relationship and trust were crucial to a successful merit pay plan. Other findings included the importance of money, structured goal setting, fairness, and direct input into the process. As a result of this study, recommendations were made for districts wanting to implement a merit-linked evaluation plan for their principals.
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Brown, G. Ronald. "Virginia elementary principals' perspectives on merit pay for classroom teachers." Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/54460.

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The purpose of this research study was to examine the perceptions of Virginia's elementary principals concerning the concept of merit pay for classroom teachers. The problem for investigation was: what are the attitudes of these principals toward merit pay for classroom teachers? To identify these perceptions, a fixed-response-form-questionnaire, Survey on Perceptions of Elementary Principals on Merit Pay for Classroom Teachers, was developed by the researcher. The questionnaire was designed to gather information in six areas of concern: demographics of respondents, outcomes expected if a plan were adopted, opinions for or against merit pay plans, means for evaluation of teachers, resistance expected among teachers, and the most acceptable form of plan. Reliability was established at .85. In a random selection, 300 elementary school principals (26%) were mailed surveys, 269 surveys (89.66%) were returned, 31 (10.33%) principals did not respond. An attempt was made to contact each nonrespondent by telephone to see if there were any particular reasons why the survey was not answered. Nine nonrespondents were contacted, and 8 of them indicated a lack of time as the reason for not responding. Because of the high response rate, it was felt that nonrespondents could not have biased the data, therefore, attempts to administer the survey by telephone were not made. Respondents felt that teachers would become more competitive and less cooperative. Parents would make requests that their children be placed with teachers receiving merit pay, and teacher-filed grievances would increase. Respondents believed in the concept of paying more effective teachers higher salaries, but they were reluctant to recommend the adoption of a merit pay plan. Respondents felt that principals should be the main evaluators of teachers, but they endorsed the use of teachers' peers and outside evaluators. They felt that teacher associations would oppose merit pay. Of the three forms of above-the-scale compensation defined for the study, principals surveyed felt that teachers would find differentiated staffing the least objectionable. It was concluded that, given the attitudes of Virginia's elementary principals, it is unlikely that a merit pay plan can be successfully implemented in Virginia.
Ed. D.
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Henson, Bruce E. "The policy process, culture and work relations : the transformation of intentions by educators /." free to MU campus, to others for purchase, 1997. http://wwwlib.umi.com/cr/mo/fullcit?p9841148.

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Waller, Paul James. "Teacher Perceptions of Merit Pay: A Case Study." University of Dayton / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=dayton1570029933489107.

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Hoff, William J. "An Analysis Of Perceptual Differences Between Parents, Teachers, Principals, Superintendents, And School Board Members Relating To Issues Important To Merit Pay Implementation." Scholarly Commons, 1985. https://scholarlycommons.pacific.edu/uop_etds/3092.

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Purpose: Within school districts groups may be identified whose function influences their perceptions about what would occur in the schools relative to issues important to merit pay implementation. The purpose of the study was to identify those differences that exist between groups regarding issues relevant to merit pay implementation. Procedures: Parents, teachers, principals, superintendents, and school board members were drawn from elementary, high school, and unified school districts residing in regions designated by the Association of California School Administrators. A survey instrument was developed in order to elicit group responses about issues related to merit pay. Analyses of variance were carried out to test the hypotheses relating to: a) differences between groups and b) differences between dimensions identified for the study. In addition, an analysis of individual items and pertinent supplementary analyses were carried out. Results: Teachers rejected the premise that merit pay would improve educational productivity and benefit school community members. Principals were cognizant of the relationship between motivational principles and merit pay, and expressed confidence that the reinforcement principles related to merit pay would be carried out. All groups were confident that school administrators would maintain an effective merit pay program. However, the groups were uncertain about what evaluation procedures would be employed; the effect merit pay would have on incompetent teachers; and how incompetent teachers' performance would be improved. Conclusions: At this time, the data examined suggest that merit pay implementation should be delayed until those differences identified between groups are reconciled. This does not imply that merit pay implementation should be abandoned, but rather, each issue should be examined and acted upon carefully. Recommendations: Those school districts considering merit pay implementation should give consideration to the development of standards specifying what the school district's outcomes are to be. Within the context of outcomes, the development of evaluation procedures that link merit-pay awards to outcomes is essential. Therefore, in order to establish trust and cooperation within the school district, recognizable links between performance outcomes and the merit-pay awards are to be firmly established.
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Mouallem, Ziad. "Le principe du contradictoire, cause de contrôle étatique des sentences arbitrales internationales." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020030.

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Le principe du contradictoire post-arbitral en matière d’arbitrage international est établi dans la majorité des systèmes juridiques. Toutefois, les décisions des juges étatiques montrent que l’adhésion générale à ce concept masque d’importantes différences concernant sa portée et son application. Cette thèse ne vise point à établir une description théorique du contenu du principe, elle propose une analyse qualitative, dont l’objectif essentiel est la vérification de son individualité, et non le fait qu’il est une simple application du principe civiliste classique. Loin de constater l’adoption définitive d’un concept arbitral autonome, la solution retenue démontre l’opportunité et, donc, le besoin de sa légitimation, ayant un impact direct sur la circulation des sentences arbitrales internationales. En fin de compte, hors de tout encadrement statique, il y a lieu de détecter, à travers la progression de l’étude, une évolution logique et une activité d’apurement au niveau du droit comparé. Cette évolution, d’un principe classique vers un concept arbitral international, à lecture contractuelle et non-statutaire, contenant une règle d’égalité, puis vers un outil technique en état de disparition, ne peut que dévoiler la période d’agonie dans laquelle se place le concept en cause. Cet aboutissement ne contribue pas seulement à souligner les errements conceptuels préjudiciables en jurisprudence comparée, il concourt également à marquer l’un des traits les plus émancipatoires du processus arbitral international. Dans cette optique, une telle conjoncture participerait à l’accélération de la privatisation de la justice arbitrale internationale
The post-arbitral adversarial principle in international arbitration is established in most legal systems. However, decisions of state judges show that general support for this concept masks significant differences in terms of its scope and application. This thesis does not aim to outline a theoretical description of the principle’s content ; it provides a qualitative analysis, the main objective of which is to ascertain its individuality, and not the fact that it is a mere application of the classic civil principle. Far from establishing the definitive adoption of an autonomous arbitral concept, the solution demonstrates the appropriateness and, therefore, the need for its legitimation, and has a direct impact on the movement of international arbitral awards. Ultimately, beyond any static framework, through the progress of the study, a logical development and regularisation activity with respect to comparative law should be detected. This development, from a classical principle to an international arbitration concept, to a contractual and non-statutory reading, containing a rule of equality, and thereafter to a technical tool which is disappearing, can only reveal the death throes in which the concept in question finds itself in. This outcome not only serves to highlight the detrimental conceptual errors in comparative case law, it also helps to mark one of the most emancipatory features of the international arbitration process. In this respect, such a situation would contribute to the accelerated privatisation of international arbitration proceedings
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Endara, Almeida Diana Karolina Verfasser], Irmgard [Akademischer Betreuer] Merkt, and Christoph [Gutachter] [Käppler. "Music as a principle of inclusion : A comparative study between Ecuador and Germany in early childhood education and care / Diana Karolina Endara Almeida ; Gutachter: Christoph Käppler ; Betreuer: Irmgard Merkt." Dortmund : Universitätsbibliothek Dortmund, 2019. http://d-nb.info/1200634721/34.

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Books on the topic "Principle of merit"

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Marshall, Susanne Thomas. The federal workforce for the 21st century: Results of the Merit Principles Survey 2000. Washington, D.C: U.S. Merit Systems Protection Board, 2003.

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United States. Merit Systems Protection Board. Office of the Special Counsel., ed. Protecting the integrity of the merit system: A legislative history of the merit system principles, prohibited personnel practices, and the Office of the Special Counsel. [Washington, D.C.?]: Office of the Special Counsel, U.S. Merit Systems Protection Board, 1986.

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United States. Government Accountability Office. Human capital: Principles, criteria, and processes for governmentwide federal human capital reform. Washington, D.C: Government Accounting Office, 2004.

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Accomplishing our mission: Results of the merit principles survey 2005 : a report to the President and the Congress of the United States. Washington, DC: U.S. Merit Systems Protection Board, 2007.

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European Court of Human Rights. Affaire Bönisch : arrêt du 6 mai 1985 (au principal) =: Bönisch case : judgment of 6 May 1985 (merits). Strasbourg: Registry of the Court, Council of Europe, 1985.

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Migliorini, Aldo. Tortura, inquisizione, pena di morte: Brevi considerazioni sui principali strumenti commentati in merito ai tre argomenti dal medioevo all'epoca industriale. Poggibonsi: Lalli, 1997.

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Safeguarding the merit systems principles: A review of the Merit Systems Protection Board and the Office of Special Counsel : hearing before the Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Tenth Congress, first session, March 22, 2007. Washington: U.S. G.P.O., 2007.

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Board, United States Merit Systems Protection. The federal government: A model employer or a work in progress? : perspectives from 25 years of the Merit Principles Survey : a report to the President and the Congress of the United States. Washington, D.C.]: U.S. Merit Systems Protection Board, 2008.

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Lippiello, Tiziana. Discorso inaugurale della Magnifica Rettrice Anno accademico 2020/2021. Venice: Fondazione Università Ca’ Foscari, 2021. http://dx.doi.org/10.30687/978-88-6969-519-3.

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«È ora tempo di uscire dalla logica dell’emergenza e cogliere il futuro come un’opportunità». A un anno dallo scoppio della pandemia, nel primo discorso inaugurale del suo mandato la rettrice Tiziana Lippiello illustra le scelte politiche fondamentali dell’Ateneo e traccia le linee di sviluppo per un domani mai come in questo momento da ripensare e riprogettare. La ricerca, l’investimento sui giovani e sul merito, l’inclusione, la sostenibilità e il rapporto con il territorio sono i temi principali al centro di questo discorso che, per la sua stessa natura non meno che per le eccezionali circostanze in cui è stato pronunciato, intende gettare le basi per un «nuovo inizio», senza mai perdere di vista il legame con il passato e la storia della nostra università, nella consapevolezza che ogni innovazione, per essere veramente tale, deve sapersi confrontare con quella tradizione dalla quale essa stessa discende.
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Office, General Accounting. Human capital: Key principles from nine private sector organizations : report to Congressional requesters. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): The Office, 2000.

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Book chapters on the topic "Principle of merit"

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O’Connor, Karl. "The Merit Principle in a Representative Bureaucracy: Belfast." In Public Administration in Contested Societies, 113–25. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137298157_5.

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Onida, Valerio. "Moving Beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights." In Remedies against Immunity?, 331–35. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_17.

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AbstractSentenza 238/2014 can be criticized insofar as it seems to ground Italy’s refusal to comply with the Jurisdictional Immunities Judgment of the International Court of Justice on the basis of the right of access to a judge for the victims of the conduct of German armed forces during World War II. Indeed, the principle of state’s immunity to the civil jurisdiction of other states regarding the conduct of their own armed forces does not in itself breach a victim’s right of access to a judge, which theoretically in this case might also be granted by a German court. However, Sentenza 238/2014 has the merit of highlighting, in the specific case of the Italian Military Internees (IMIs), the violation of the victims’ right to an effective judicial protection of their fundamental rights, given that German jurisdictions excluded every reparation that favoured IMIs. Such fundamental rights must prevail over the international rules relating to state immunity because, according to the supreme principles of the Italian constitutional order and to international law itself, fundamental human rights violations related to crimes against humanity must benefit from an effective protection. The impasse between Italy and Germany should be solved through a new joint initiative between the two governments (carried out ideally under a common understanding of the two Presidents of the Republic), which should examine the applicants’ cases in order to grant them reparation. Though symbolic, such reparation will have an important moral dimension.
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Auchmuty, Giles. "Algorithms and Merit Functions for the Principal Eigenvalue." In Nonconvex Optimization and Its Applications, 235–44. Boston, MA: Springer US, 2001. http://dx.doi.org/10.1007/978-1-4613-0279-7_12.

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von Arnauld, Andreas. "Deadlocked in Dualism: Negotiating for a Final Settlement." In Remedies against Immunity?, 313–29. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_16.

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AbstractWhile on the international plane Germany has as strong a position as one could wish for, a second appeal to the ICJ does not seem advisable. Though not formally estopped from challenging Sentenza 238/2014, Germany would at least face a principled contradiction (Wertungswiderspruch). Like Italy, Germany takes the position that international obligations must be disregarded should they be found incompatible with fundamental rights enshrined in the national constitution. Concerning the underlying conflict, another formally strong German position proves to have inherent shortcomings. To argue that, as far as Italian citizens are concerned, all matters of compensation had been dealt with comprehensively in the German–Italian lump sum agreement of 1961 carries some conviction. However, the limitations of that agreement, the erosion of the individual’s strict mediatisation in international law, and recent German compensation schemes for other victims of World War II (WWII) have fuelled a growing discontent with this final settlement. Having been doubly denied recognition as victims by the injustices of non-retroactivity and of differentiation, the Italian WWII victims ‘in oblivion’ have pursued compensation claims for over a decade now. It would go too far to argue an individual claim for financial compensation under international law for historic wrongs. The principle of intertemporal law, however, has its merits as well as its defects. This chapter argues in favour of mildly piercing the veil of intertemporality by reliance on fundamental ethical principles as part of the law in force already at the time of the original violation. A breach in this kind of obligation should give rise to an obligatio de negotiando under the principle of just satisfaction. Such a legal construction takes up the idea that in most of the recent cases of ‘history taken to court’, compensation is but a secondary aim, the primary aim being to ‘tell one’s own story’ as a counter-narrative to hegemonic discourse. By entering into negotiations with the victims ‘in oblivion’, Germany—and Italy—could and should attempt to finally solve what has been and remains a fundamentally unjust situation.
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You, X., M. Guillen, and M. Adjouadi. "The Merit of Principal Component Analysis in fMRI Language Pattern Recognition for Pediatric Epilepsy." In IFMBE Proceedings, 123–24. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-01697-4_43.

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Danisi, Carmelo, Moira Dustin, Nuno Ferreira, and Nina Held. "The Asylum Claim Determination." In IMISCOE Research Series, 259–330. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69441-8_7.

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AbstractPublic international law and, more specifically, international human rights law protect the right to access an asylum determination procedure and the principle of non-refoulement, as established in Chap. 10.1007/978-3-030-69441-8_3. Some would argue that asylum should not be seen by states as their own prerogative, but rather as a fundamental human right (Díaz Lafuente, 2014, pp. 206–207). How the right to access to asylum determination and the principle of non-refoulement are implemented varies from country to country, including within the EU, as discussed in Chap. 10.1007/978-3-030-69441-8_4. Chapter 10.1007/978-3-030-69441-8_6 dissected the different procedures adopted to adjudicate SOGI claims of international protection in Germany, Italy and the UK. In this chapter, we focus on the decision itself by analysing the Refugee Status Determination (RSD) process in the three countries studied. In the process, we highlight similarities and differences, merits and shortcomings, and often inconsistencies with supranational and international standards.
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Lippert-Rasmussen, Kasper. "Merit." In Making Sense of Affirmative Action, 230–52. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190648787.003.0012.

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This chapter argues that objections to affirmative action based on the ideal of meritocracy have little force. Initially, the chapter distinguishes a concern for merit from the concern not to disappoint reasonable expectations. It then offers two counterexamples to the claim that the best qualified applicants have a claim to the positions for which they have applied. The chapter also argues that once we adopt a suitably broad notion of merit, many putative affirmative action schemes do not clash with the principle of merit, and, in any case, outreach affirmative action is compatible with standard, but problematic, versions of the merit principle. It then expresses skepticism about the fruitfulness of building into the notion of affirmative action that selected candidates must be minimally qualified. Finally, the chapter suggests that it is an open question whether selecting applicants who are not the most meritorious results in the selected individuals having a lower level of merit. The reason for this is that affirmative action affects the pool of applicants.
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Lewis, Lionel S. "Higher Educationin America and the Principle of Merit." In Scaling the Ivory Tower, 1–17. Routledge, 2018. http://dx.doi.org/10.4324/9781351307048-1.

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Wilson, Catherine. "The Role of a Merit Principle in Distributive Justice." In Moral Animals, 212–53. Oxford University Press, 2004. http://dx.doi.org/10.1093/0199267677.003.0007.

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Carozza, Paolo G. "Human Rights, Human Dignity,and Human Experience." In Understanding Human Dignity. British Academy, 2013. http://dx.doi.org/10.5871/bacad/9780197265642.003.0036.

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The contested understandings of human dignity today make it very problematic as a reliable principle for determining the scope and merit of particular claims of human rights (at least beyond the principle’s narrow, universally agreed-upon core meaning). Merely relying on an overlapping consensus is insufficient. Nevertheless, the beginnings of a broader shared understanding of the meaning and implications of human dignity, as a foundational principle of human rights law, can emerge from our concrete experience. As a common point of reference for critically evaluating and integrating the diversity of instantiations of human rights in differing legal traditions, the elementary experience of human dignity leads us to regard law as a vehicle for sustained and reasoned reflection on the value of human persons and on the scope of our obligations to respect and protect them.
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Conference papers on the topic "Principle of merit"

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Guo, Jiangfeng, Mingtian Xu, and Lin Cheng. "A New Criterion for Assessing Heat Exchanger Performance." In 2010 14th International Heat Transfer Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/ihtc14-22315.

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The principle of minimum entropy production has played an important role in the development of non-equilibrium thermodynamics. Inspired by this principle, Bejan derived the expression of the local entropy production rate for heat convection and established the entropy production minimization approach for the heat exchanger optimization design. Although one can obtain the entropy production distribution in the heat exchanger numerically, it can not directly been employed to examine the heat exchanger performance. Tondeur and Kvaalen found that the entropy production uniformity is closely related to the heat exchanger performance. In the present work, based on Tondear and Kvaalen’s work, an entropy production uniformity factor is defined, which quantifies the uniformity of the local entropy generation distribution in heat exchanger. Numerical results of the heat transfer in a rectangular channel show that the larger entropy production uniformity factor implies less irreversible loses. Therefore, this factor can serve as a thermodynamic figure of merit for assessing the heat exchanger performance.
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Tang, J., and K. W. Wang. "Vibration Confinement via Optimal Eigenvector Assignment and Piezoelectric Networks." In ASME 2001 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2001. http://dx.doi.org/10.1115/detc2001/vib-21474.

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Abstract The underlying principle for vibration confinement is to alter the structural modes so that the corresponding modal components have much smaller amplitude in concerned areas than the remaining part of the structure. In this research, the state-of-the-art in vibration confinement technique is advanced in two correlated ways. First, a new eigenstructure assignment algorithm is developed to more directly suppress vibration in regions of interest. This algorithm is featured by the optimal selection of achievable eigenvectors that minimizes the eigenvector components at concerned areas by using the Rayleigh Principle. Second, the active control input is applied through an active-passive hybrid piezoelectric network. With the introduction of circuitry elements, which is much easier to implement than changing or adding mechanical components, the state matrices can be reformed and the design space in eigenstructure assignment can be greatly enlarged. The merit of the proposed system and scheme is demonstrated and analyzed using a numerical example.
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Vermillion, Sean D., and Richard J. Malak. "A Theoretical Look at the Impact of Incentives on Design Problem Effort Provision." In ASME 2018 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/detc2018-85845.

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Searching for and selecting among design solutions is not an effortless task. The principle of least effort suggests people seek to minimize the amount of effort they apply towards completing their tasks. In the context of engineering design, it is conceivable that expending more effort on the design problem yields a design solution with greater performance. In this paper, we investigate the impact of incentives on motivating engineering designers to increase the amount of effort they apply to solving design problems. Specifically, we formulate an analytical model of effort provision towards design tasks to compare two incentive structures: a probabilistic incentive and a deterministic incentive. With the probabilistic incentive, a designer’s final reward or penalty is uncertain, e.g. it is uncertain if a proposed design solution will meet requirements. With the deterministic incentive, a designer’s final reward or penalty is tied directly to the quality of the design solution as it is presented, e.g. a proposed design solution meets requirements with a certain probability as the figure of merit and the designer is directly rewarded or penalized on producing a design solution with that figure of merit. We parameterize the proposed analytical model and perform a parameter study to determine which incentive produces a more optimal design solution in the parameter space. Results show that there is no one dominant incentive structure, and the preferred incentive structure depends on how intense the reward or penalty is and how a designer subjectively valuates his effort.
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Green, Craig E., Andrei G. Fedorov, and Yogendra K. Joshi. "Scaling Analysis of Performance Trade-Offs in Electronics Cooling." In ASME 2009 InterPACK Conference collocated with the ASME 2009 Summer Heat Transfer Conference and the ASME 2009 3rd International Conference on Energy Sustainability. ASMEDC, 2009. http://dx.doi.org/10.1115/interpack2009-89389.

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Using the governing equations for internal fluid flow and heat transfer, scaling laws are developed to predict how the selection of a liquid or gas coolant and geometry affects the pumping power and volume requirements of heat sinks in electronics cooling applications. One of the principal outcomes of the presented scaling analysis is derivation, based on first principles, of new figure-of-merit parameters that can be used to evaluate cooling performance and guide efforts on development of new cooling fluids. The new figures-of-merits are critically compared to existing performance metrics and experimental data from the literature to emphasize the relevance and accuracy of developed scaling laws.
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Sinaga, H. ,. A. "No Wait-On-Cement (NO WOC) Successfully Applied in Pertamina Hulu Mahakam (PHM) and Creating Significant Well Rig Time Saving." In Digital Technical Conference. Indonesian Petroleum Association, 2020. http://dx.doi.org/10.29118/ipa20-e-301.

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As the new operator of the Mahakam Block started in 2017, Pertamina Hulu Mahakam (PHM) were challenged to ramp up operations in order to combat massive production decline. At the same time, reducing well cost was also a paramount importance to ensure that the economic targets of the wells were achieved following the reduction of well stakes. One of the remaining unsolved enigmas is how to achieve No Wait-on-Cement (NO WOC) on surface diverter section as this will create a lot of rig time saving both on single well and batch operations. The project begins with several different kinds of proposal until the best solutions were identified fulfilling safety, simplicity of operations and acceptable cost and finally were put in place with very satisfying results. The main key principle is conversion wellhead stages following well architecture while there were several modifications of casing hanger, adapter, additional materials & modified procedure. Rig time saving, additional operational gain and a promising new “breakthrough” of drilling technique become a significant impact of the successful effort. Now the method has become a standard in PHM operations and has already been integrated to SDI (Standard Drilling Instruction). The merit of this endless hard work could possibly be gained by other operators as it will create more added values both tangible and intangible.
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Staats, Marcel, and Wolfgang Nitsche. "Experimental Investigations on the Efficiency of Active Flow Control in a Compressor Cascade With Periodic Non-Steady Outflow Conditions." In ASME Turbo Expo 2017: Turbomachinery Technical Conference and Exposition. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/gt2017-63246.

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We present results of experiments on a periodically unsteady compressor stator flow of the type which would be expected in consequence of pulsed combustion. A Reynolds number of Re = 600000 was used for the investigations. The experiments were conducted on the two-dimensional low-speed compressor testing facility in Berlin. A choking device downstream the trailing edges induced a periodic non-steady outflow condition to each stator vane which simulated the impact of a pressure gaining combuster downstream from the last stator. The Strouhal number of the periodic disturbance was Sr = 0.03 w.r.t. the stator chord length. Due to the periodic non-steady outflow condition, the flow-field suffers from periodic flow separation phenomena, which were managed by means of active flow control. In our case, active control of the corner separation was applied using fluidic actuators based on the principle of fluidic amplification. The flow separation on the centre region of the stator blade was suppressed by means of a fluidic blade actuator leading to an overall time-averaged loss reduction of 11.5%, increasing the static pressure recovery by 6.8% while operating in the non-steady regime. Pressure measurements on the stator blade and the wake as well as PIV data proved the beneficial effect of the active flow control application to the flow field and the improvement of the compressor characteristics. The actuation efficiency was evaluated by two figures of merit introduced in this contribution.
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Kondo, Takao, Kazuaki Kitou, Masao Chaki, Yukiharu Ohga, and Takeshi Makigami. "Thermal Hydraulic Test of Advanced Fuel Bundle With Spectral Shift Rod (SSR) for BWR: Steady State and Transient Test Results and Analysis." In 2012 20th International Conference on Nuclear Engineering and the ASME 2012 Power Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/icone20-power2012-54469.

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Japanese national project of next generation light water reactor (LWR) development started in 2008. Under this project, spectral shift rod (SSR) is being developed. SSR, which replaces conventional water rod (WR) of boiling water reactor (BWR) fuel bundle, was invented to enhance the BWR’s merit, spectral shift effect for uranium saving. In SSR, water boils by neutron and gamma-ray direct heating and water level is formed as a boundary of the upper steam region and the lower water region. This SSR water level can be controlled by core flow rate, which amplifies the change of average core void fraction, resulting in the amplified spectral shift effect. This paper presents the steady state test with varied SSR geometry parameters, the transient test, and the simulation analysis of these steady state and transient tests. The steady state test results showed that the basic functioning principle such as the controllability of SSR water level by flow rate was maintained in the possible range of geometry parameters. The transient test results showed that the change rate of SSR water level was slower than the initiating parameters. The simulation analysis of steady state and transient test showed that the analysis method can simulate the height of SSR water level and its change with a good agreement. As a result, it is shown that the SSR design concept and its analysis method are feasible in both steady state and transient conditions.
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Ezekoye, L. Ike, Preston A. Vock, Ronald S. Farrell, and Richard J. Gradle. "A Comparative Study of Valve Natural Frequency Estimation Using Finite Element Analysis (FEA), Raleigh’s Principles and Laboratory Tests." In ASME 2014 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/pvp2014-28095.

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The natural frequency of valves is an important design requirement to ensure that valves do not go into resonance during operation and consequently fail structurally or fail to perform their design and safety related functions. Besides its impact on operability, valve resonance can initiate piping vibration that could damage pipes and their supports; which is undesirable. As important as equipment natural frequency is to valve operability, one would expect that testing should be the de facto method for confirming its value. Ideally, this should be the case, however, cost considerations limit the extent to which testing is used. On the other hand, testing does have some issues with respect to accuracy such as the effect of supporting structure flexibility resulting in a conservatively lower natural frequency measurement. In addition, the multiplicity of valves in nuclear power plants with different designs, sizes and safety classes limit the use of testing to establish valve natural frequencies except when required in the equipment specifications. Frequently, valve natural frequencies are determined by analysis either using finite element techniques (FEA) or by first principles of beam and mass models; the latter being more frequently used. This paper presents the studies performed to correlate valve natural frequency test results to the results derived from analytical techniques using Raleigh’s energy principle and from finite element analysis (FEA) methods. In a previous paper on valve natural frequency [1], Ezekoye et al. presented a model for estimating valve natural frequency by incorporating mass inertia of the valve structures with the more traditional methods that are based on a lumped mass model to determine displacements. In the process, the flexibility of the extended structure (otherwise referred to as the superstructure) and the valve body itself are considered. Using limited test data, Ezekoye et al. showed that there is merit in using their enhanced analysis model. Their correlation was promising. The finite element analysis, on the other hand, is a well-established technique for solving complex structural mechanics problems and should be expected to provide reasonable results comparable to actual valve tests provided the boundary conditions provide a reasonable representation of the actual valves tested. In this paper, ANSYS Version 12.1 was used to model valve natural frequencies. Additionally, a more extensive testing of valves for natural frequency was performed in this paper than was reported in Reference 1. The results of both the FEA and the Raleigh’s principle model as presented in Ezekoye et al. are compared against the test results. By comparing the three results, strengths and weaknesses of each method become apparent. The choice of whether or not one chooses to test or perform analysis depends on the valve specification requirement and the preference of the designer.
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Zerbini, M., A. Doria, G. P. Gallerano, E. Giovenale, and G. Galatola-Teka. "Far Infrared and THz Detectors: Principles of Operation and Figures of Merit." In 2018 43rd International Conference on Infrared, Millimeter, and Terahertz Waves (IRMMW-THz 2018). IEEE, 2018. http://dx.doi.org/10.1109/irmmw-thz.2018.8510067.

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Wu, Tung-Li, Chen-Hui Yang, and Shuo-Hung Chang. "A Single Piezoelectric Trimorph Driven Bi-Directional Linear Ultrasonic Motor." In ASME 2007 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2007. http://dx.doi.org/10.1115/detc2007-34661.

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The design of using a single piezoelectric (PZT) trimorph actuator ultrasonically to drive a slider for two directional motions is reported. The working principle is the use of the resonant vibration induced force provided by the PZT trimorph driven at the specific frequency. In contact with a slider, the trimorph’s force overcomes the static friction of the slider and pushes the slider moving in one direction. The backward motion of the slider is achieved similarly by the different vibration mode of the PZT trimorph operated at the different resonant frequency. The merit of this work is the design of the rectangular PZT trimorph and its modes of vibration. The 3 mm by 9 mm rectangular trimorph was made of a 50 microns thick copper layer laminated with a 175 microns thick PZT layer on each face. As for ultrasonic motor operation, only one long edge of the trimorph was clamped. When the PZT layers were driven electrically at its resonant frequency and at the right phase, the PZT’s in-plane extensional vibration will turn into bending vibration. With extensive modal analysis in the Finite Element modeling, the 3:1 ratio of the length to width of the trimorph was found for the best performances. Both resonant frequencies and associated vibration modes were all identified. The performance of the prototype was experimentally evaluated by using laser interferometer and spectrum analyzer. Under 10 Vpp and 0.5 N preload, the measurement results show that the motor achieved the velocity of 200 mm/s and generated force of 0.1 N. If we divided the generated force and the slider velocity by the motor volume, the ultrasonic motor achieved the specific force of 3,282,447 3N/m3 and the specific velocity of 4,106,280 1/m2s, respectively. Comparing with the published data, the specific velocity in this study is 100 times larger. The results in this work are suitable for applications in auto-focusing and zooming lens in cellular phone camera.
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