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Journal articles on the topic 'The right to enforced performance'

Author: Grafiati

Published: 4 June 2021

Last updated: 6 February 2022

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1

Bacchelli, Valeria, Dario Pierotti, Stefano Micheletti, and Simona Perotto. "Parameter identification for the linear wave equation with Robin boundary condition." Journal of Inverse and Ill-posed Problems 27, no. 1 (2019): 25–41. http://dx.doi.org/10.1515/jiip-2017-0093.

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Abstract We consider an initial-boundary value problem for the classical linear wave equation, where mixed boundary conditions of Dirichlet and Neumann/Robin type are enforced at the endpoints of a bounded interval. First, by a careful application of the method of characteristics, we derive a closed-form representation of the solution for an impulsive Dirichlet data at the left endpoint, and valid for either a Neumann or a Robin data at the right endpoint. Then we devise a reconstruction procedure for identifying both the interval length and the Robin parameter. We provide a corresponding stab

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2

Hee-Ho Pak. "The right to enforce performance in Draft Common Frame of Reference(DCFR)." HUFS Law Review 41, no. 1 (2017): 259–82. http://dx.doi.org/10.17257/hufslr.2017.41.1.259.

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Gordini, Niccolò, and Elisa Rancati. "Gender diversity in the Italian boardroom and firm financial performance." Management Research Review 40, no. 1 (2017): 75–94. http://dx.doi.org/10.1108/mrr-02-2016-0039.

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Purpose This study aims to analyse the relationship between board gender diversity and firm financial performance in Italy, where the recently enforced Law 120/2011 prescribes gender quotas for boards of directors. Design/methodology/approach Panel data analysis was used to examine the gender diversity–firm financial performance relationship in an unbalanced panel of 918 Italian listed companies during the years 2011-2014. Findings Gender diversity, as measured by the percentage of women on a board and by the Blau and the Shannon indices, has a positive and significant effect on Tobin’s Q, whi

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Hameed M. Bashir, Abdel. "Property Rights, Institutions and Economic Development: An Islamic Perspective." Humanomics 18, no. 3 (2002): 75–91. http://dx.doi.org/10.1108/eb018877.

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The evolution of property right institutions and their consequence on investment decisions are central issues in the political economy of development. Effective and well‐defined property rights are deemed essential in providing the preconditions for economic growth. The importance of property right arrangements stems from the fact that they impact and alter the distribution of income. Economists are, therefore, in agreement that market transactions are more efficient when property rights are enforced. According to North and Thomas (1973), observed variations in economic performance across coun

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OH, Chong-Kun. "The Right to Enforce Conforming Performance - Focused on the discussion of the Civil Law revision -." Ewha Law Journal 22, no. 3 (2018): 1–43. http://dx.doi.org/10.32632/elj.2018.22.3.1.

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Sigmundsson, Thorir Svavar, Tomas Öhman, Magnus Hallbäck, et al. "Performance of a capnodynamic method estimating cardiac output during respiratory failure - before and after lung recruitment." Journal of Clinical Monitoring and Computing 34, no. 6 (2019): 1199–207. http://dx.doi.org/10.1007/s10877-019-00421-w.

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AbstractRespiratory failure may cause hemodynamic instability with strain on the right ventricle. The capnodynamic method continuously calculates cardiac output (CO) based on effective pulmonary blood flow (COEPBF) and could provide CO monitoring complementary to mechanical ventilation during surgery and intensive care. The aim of the current study was to evaluate the ability of a revised capnodynamic method, based on short expiratory holds (COEPBFexp), to estimate CO during acute respiratory failure (LI) with high shunt fractions before and after compliance-based lung recruitment. Ten pigs we

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Patra, Prashant Kumar, and Padma Lochan Pradhan. "Dynamic FCFS ACM Model for Risk Assessment on Real Time Unix File System." International Journal of Advanced Pervasive and Ubiquitous Computing 5, no. 4 (2013): 41–62. http://dx.doi.org/10.4018/ijapuc.2013100104.

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The access control is a mechanism that a system grants, revoke the right to access the object. The subject and object can able to integrate, synchronize, communicate and optimize through read, write and execute over a UFS. The access control mechanism is the process of mediating each and every request to system resources, application and data maintained by a operating system and determining whether the request should be approve, created, granted or denied as per top management policy. The AC mechanism, management and decision is enforced by implementing regulations established by a security po

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Barnett, Randy E. "Contract Remedies and Inalienable Rights." Social Philosophy and Policy 4, no. 1 (1986): 179–202. http://dx.doi.org/10.1017/s0265052500000479.

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I. IntroductionTwo kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. According to such a theory, contractual obligation is dependent on more fundamental entitlements of the

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Murrell, George A. C., Daniel Jang, Xiang-Hua Deng, Jo A. Hannafin, and Russell F. Warren. "Effects of Exercise on Achilles Tendon Healing in a Rat Model." Foot & Ankle International 19, no. 9 (1998): 598–603. http://dx.doi.org/10.1177/107110079801900906.

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The effects of motion, or lack of it, on Achilles tendon healing are not well defined. We have recently shown that immobilization has a detrimental effect on tendon healing in a rat model. The aim of this experiment was to determine whether enforced exercise had an additional beneficial effect on the mechanical and functional recovery of divided Achilles tendons in rats. Male Sprague-Dawley rats were randomly allocated into a nonexercise and an exercise group (N = 10 for each group). In both groups the right Achilles tendon was surgically transected. The left, uninjured lower limb served as an

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Yanti, Murni, and Wicipto Setiadi. "OPTIMIZATION OF PROSECUTORS COMMISSIONS SUPERVISORY FUNCTION IN DEALING WITH COMPLAINT ABOUT PROSECUTORS PERFORMANCE." International Journal of Advanced Research 9, no. 06 (2021): 503–12. http://dx.doi.org/10.21474/ijar01/13039.

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After about 15 (fifteen) years of its formation, the Prosecutors Commission is deemed not optimal in its performance of duties, especially in dealing with public report or complaint, considering that the provisions of Article 4 item a and b Presidential Regulation on Prosecutors Commission that is the basis for the Prosecutors Commission to perform its duties as set forth in Article 3 Presidential Regulation concerning Prosecutors Commission causes multiple interpretations that, according to the provisions of Article 4 item a in performance of its duties of supervising, monitoring and assessin

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Smale, William T., Ryan Hutcheson, and Charles J. Russo. "Cell Phones, Student Rights, and School Safety: Finding the Right Balance." Canadian Journal of Educational Administration and Policy, no. 195 (March 11, 2021): 49–64. http://dx.doi.org/10.7202/1075672ar.

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Despite the potential instructional benefits of integrating devices such as cell phones into schools and classrooms, research reveals that their improper use can negatively impact student behaviour, learning, and well-being. This paper reviews the literature and litigation on cell phone use in schools due to controversies over cheating, cyberbullying, sexting, and searches of student cell phones. Recent studies suggested that the presence of cell phones and related technologies in classrooms could detract from students’ academic performances while contributing to higher rates of academic disho

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Bhandari, Ramesh, and Sharad Kumar Ghimire. "Performance Analysis of Structured Matrix Decomposition with Contour Based Spatial Prior for Extracting Salient Object from Complex Scene." Journal of the Institute of Engineering 15, no. 2 (2019): 133–40. http://dx.doi.org/10.3126/jie.v15i2.27658.

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Automatically extracting most conspicuous object from an image is useful and important for many computer vision related tasks. Performance of several applications such as object segmentation, image classification based on salient object and content based image editing in computer vision can be improved using this technique. In this research work, performance of structured matrix decomposition with contour based spatial prior is analyzed for extracting salient object from the complex scene. To separate background and salient object, structured matrix decomposition model based on low rank matrix

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OLENIN, D. A. "IS IT POSSIBLE TO GRANT THE RECOVERER AN OPPORTUNITY TO EXECUTE JUDGMENT BY HIMSELF, IF THE DEBTOR AVOIDS PERFORMANCE?" Herald of Civil Procedure 11, no. 3 (2021): 316–34. http://dx.doi.org/10.24031/2226-0781-2021-11-3-316-334.

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According to practice, it is often difficult for the claimant to get the execution of a court decision containing non-property requirements. At the same time, the legal mechanism of compulsory execution of non-property demands, which involves applying to the debtor various indirect enforcement measures in the hope of getting him to enforce a court decision, seems to be an inappropriate mechanism in terms of potential possibility of replacing the non-property demand with its cash equivalent. The paper analyses the application of the institution of changing the method and manner of a judicial ac

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Suvagondha, Thaweesakdhi. "Equal Employment Rights of the Roman Army Administration: An Archetype of Modern Day Human Resource Management." European Scientific Journal, ESJ 14, no. 13 (2018): 256. http://dx.doi.org/10.19044/esj.2018.v14n13p256.

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Gaius Marius introduced a new act during his first consulship of the Roman Republic in 107 B.C. with the approval of the Senate. This act allowed him to alter the strategy for managing the Roman army. He permitted every eligible Roman citizen to join the army and thus to pursue the career of a professional soldier. Rome then put soldiers on the payroll. Rome also paid for arms, bodily protection, and other necessities. Marius tasked seasoned soldiers with providing field training to the new recruits on the battlefield. The new recruits learned an important lesson: the bravest was the safest. A

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Graham, Lorie M., and Stephen M. McJohn. "Intellectual Property's First Sale Doctrine and the Policy Against Restraints on Alienation." Texas A&M Law Review 7, no. 3 (2020): 497–541. http://dx.doi.org/10.37419/lr.v7.i3.1.

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The first sale doctrine decouples intellectual property and physical property. Suppose, at an auction at Sotheby’s, someone bought a contemporary painting by Chuck Close. The buyer now owns the physical painting, but the copyright to the painting remains with the owner of the copyright—the painter Chuck Close or whomever Close may have transferred the copyright to. Absent the first sale doctrine, if the buyer either sold the painting or displayed it to the public, the buyer would potentially infringe the copyright in the painting. The copyright owner has the exclusive right to display copies (

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Maleki, Mohammad Reza, and Ali Mohammadzadeh. "A Comparative Study of Concept and Bases of Frustration of Purpose Doctrine in Iranian and English Law." Asian Social Science 12, no. 11 (2016): 86. http://dx.doi.org/10.5539/ass.v12n11p86.

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<p class="a"><span lang="EN-US">After the conclusion of contract its parties are obliged to perform their contract. If one of the contract parties does not enforce it by some reasons, the other party has the right to bind him to perform the contract. In some cases the non-performance of obligation is not based to the denial of obligator. In English Law, an idea under the title of discharge by frustration has been devoted to this issue and other reasons have been enumerated for it. In this between, Sometimes without the performance of contract is unenforceable, the conditions come i

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O’Neill, Sarah, Dina Bader, Cynthia Kraus, Isabelle Godin, Jasmine Abdulcadir, and Sophie Alexander. "Rethinking the Anti-FGM Zero-Tolerance Policy: from Intellectual Concerns to Empirical Challenges." Current Sexual Health Reports 12, no. 4 (2020): 266–75. http://dx.doi.org/10.1007/s11930-020-00299-9.

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Abstract Purpose of Review Based on the discussions of a symposium co-organized by the Université Libre de Bruxelles (ULB) and the University of Lausanne (UNIL) in Brussels in 2019, this paper critically reflects upon the zero-tolerance strategy on “Female Genital Mutilation” (FGM) and its socio-political, legal and moral repercussions. We ask whether the strategy is effective given the empirical challenges highlighted during the symposium, and also whether it is credible. Recent Findings The anti-FGM zero-tolerance policy, first launched in 2003, aims to eliminate all types of “female genital

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18

Waugh, Scott L. "Non-Alienation Clauses in Thirteenth-Century English Charters." Albion 17, no. 1 (1985): 1–14. http://dx.doi.org/10.2307/4049334.

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During the thirteenth century, English lords acted to halt the deterioration of their feudal powers brought about by social and legal changes at the end of the twelfth century. Their determination produced a long line of legislation on feudal incidents, mortmain, and subinfeudation that stretched from Magna Carta to the Statute of Quia Emptores in 1290. Yet, until that legislation was finally in place, landlords had to find other methods of maintaining their lordship over free tenures. Professor Donald Sutherland, for example, has shown that lords asserted “a new authority to take into their h

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Shah, Anwar. "The 18th Constitutional Amendment: Glue or Solvent for Nation Building and Citizenship in Pakistan?" LAHORE JOURNAL OF ECONOMICS 17, Special Edition (2012): 387–424. http://dx.doi.org/10.35536/lje.2012.v17.isp.a16.

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The almost unanimous passage of a landmark consensus constitutional amendment—the 18th Constitutional Amendment—restored Pakistan’s constitution to its original intent of a decentralized federation of provinces as envisaged in the 1956 (two provinces) and 1973 (four provinces) constitutions. This article takes a closer look at the provisions of this amendment and highlights both the potentials and pitfalls of the new constitutional order for good governance in Pakistan. It argues that the amendment represents a step forward but encompasses several missteps in creating a harmonious political an

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Utama, Cynthia Afriani, Sidharta Utama, and Fitriany Amarullah. "Corporate governance and ownership structure: Indonesia evidence." Corporate Governance: The International Journal of Business in Society 17, no. 2 (2017): 165–91. http://dx.doi.org/10.1108/cg-12-2015-0171.

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Purpose The purpose of this study is to investigate simultaneous relations between corporate governance (CG) practice and cash flow right, cash flow leverage (the divergence between control right and cash flow right of controlling shareholders). The two ownership measures reflect alignment and expropriation incentives of controlling shareholders. This study also examines the effect of multiple large shareholders (MLSs) on CG practice. Design/methodology/approach The study uses publicly listed companies (PLCs) excluding those from the Indonesian finance sector during 2011-2013 as the samples of

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21

Sunga, Richardo. "The Committee on Enforced Disappearances and Its Monitoring Procedures." Deakin Law Review 17, no. 1 (2012): 151. http://dx.doi.org/10.21153/dlr2012vol17no1art72.

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The International Convention for the Protection of All Persons from Enforced Disappearances establishes the Committee on Enforced Disappearances to oversee its implementation. Its reporting, individual communications and inter-state communications procedures have enhanced features that build on the experiences of other monitoring bodies with similar procedures. Its urgent visit and referral procedures contain novel elements that can promote compliance with the right not to be subjected to enforced disappearance. While issues of duplication, lack of enforcement powers, competence ratione tempor

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Anderson, Frank C., and Marcus G. Pandy. "Dynamic Optimization of Human Walking." Journal of Biomechanical Engineering 123, no. 5 (2001): 381–90. http://dx.doi.org/10.1115/1.1392310.

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A three-dimensional, neuromusculoskeletal model of the body was combined with dynamic optimization theory to simulate normal walking on level ground. The body was modeled as a 23 degree-of-freedom mechanical linkage, actuated by 54 muscles. The dynamic optimization problem was to calculate the muscle excitation histories, muscle forces, and limb motions subject to minimum metabolic energy expenditure per unit distance traveled. Muscle metabolic energy was calculated by summing five terms: the basal or resting heat, activation heat, maintenance heat, shortening heat, and the mechanical work don

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Cieśliński, Aleksander. "Dopuszczalność opodatkowania odszkodowania uzyskanego od Skarbu Państwa w świetle standardów ochronnych Europejskiej konwencji praw człowieka." Przegląd Prawa i Administracji 115 (February 26, 2019): 19–39. http://dx.doi.org/10.19195/0137-1134.115.2.

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ADMISSIBILITY OF TAXATION OF THE COMPENSATION RECEIVED FROM THE STATE TREASURY IN THE LIGHT OF PROTECTIVE STANDARDS OF THE EUROPEAN CONVENTION ON HUMAN RIGHTSThe purpose of this paper is to analyze the legal admissibility of taxing the compensation received by a commercial company from the State Treasury which is responsible for the damage suffered by the company. Such damage may be caused by State officials in the performance of their duties, including the tax authorities. It seems completely obvious that the victim should expect full compensation. Unfortunately, such sums are classified by t

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Romashkin, Snizhana. "Historical background and key elements of crime accordingly to International Convention for the Protection of all Persons from Enforced Disappearance." Revista Amazonia Investiga 9, no. 28 (2020): 536–44. http://dx.doi.org/10.34069/ai/2020.28.04.58.

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Today, the act of enforced disappearance is represented as the most serious violations of people's rights. Enforced disappearances are particularly common in countries where domestic conflicts occur. With the essential objective of stopping and preventing the practice of international and national enforced disappearances, most countries since the 1950s had begun to discuss international and regional tools for such interference. The crucial measure to prevent enforced disappearance was to sign the Convention for the Protection of All Persons from Enforced Disappearance at the international leve

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Cullen, Bernard. "The Right to Work." Royal Institute of Philosophy Lecture Series 22 (September 1987): 165–81. http://dx.doi.org/10.1017/s1358246100003738.

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There is widespread agreement that the most serious and debilitating contemporary social problem in the developed capitalist world is the problem of enforced or involuntary unemployment. The growth in mass unemployment in the 1970s and 80s has produced a renewal of the demand by the labour and trade union movement1 for the implementation of a ‘right to work’; presumably in the belief that the official recognition and legal enforcement of such a right would lead to the increased availability of jobs. This campaigning slogan has sometimes emanated from the most unlikely sources. In his introduct

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Cullen, Bernard. "The Right to Work." Royal Institute of Philosophy Lecture Series 22 (September 1987): 165–81. http://dx.doi.org/10.1017/s0957042x00003734.

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There is widespread agreement that the most serious and debilitating contemporary social problem in the developed capitalist world is the problem of enforced or involuntary unemployment. The growth in mass unemployment in the 1970s and 80s has produced a renewal of the demand by the labour and trade union movement1 for the implementation of a ‘right to work’; presumably in the belief that the official recognition and legal enforcement of such a right would lead to the increased availability of jobs. This campaigning slogan has sometimes emanated from the most unlikely sources. In his introduct

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27

Roxin, Claus. "Involuntary Self-Incrimination and the Right to Privacy in Criminal Proceedings." Israel Law Review 31, no. 1-3 (1997): 74–93. http://dx.doi.org/10.1017/s0021223700015247.

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In any rule-of-law system the law of criminal procedure is bound to weigh the intended investigation of the truth against the interest of the person charged with a criminal offence in protecting his privacy. The German law of criminal procedure is a typical example of the permanent struggle with these conflicting demands. While the majority of the courts are making an effort to reinforce the protection provided to the accused, the latest pieces of legislation reveal a tendency of allowing increasingly far-reaching invasion of privacy. I will try to map out the most important aspects of this de

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Nibouche, O., J. Jiang, and P. Trundle. "Analysis of performance of palmprint matching with enforced sparsity." Digital Signal Processing 22, no. 2 (2012): 348–55. http://dx.doi.org/10.1016/j.dsp.2011.10.011.

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Buchan, James. "A right performance." Nursing Standard 15, no. 7 (2000): 22. http://dx.doi.org/10.7748/ns.15.7.22.s36.

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do Carmo, Everton C., Renato Barroso, Andrew Renfree, Saulo Gil, and Valmor Tricoli. "Influence of an Enforced Fast Start on 10-km-Running Performance." International Journal of Sports Physiology and Performance 11, no. 6 (2016): 736–41. http://dx.doi.org/10.1123/ijspp.2015-0397.

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The effects of an enforced fast start on long-distance performance are controversial and seem to depend on the athlete’s capacity to delay and tolerate metabolic disruption. The aim of this study was to investigate the effects of an enforced start on 10-km-running performance and the influence of the some physiological and performance variables on the ability to tolerate an enforced fast start during the running. Fifteen moderately trained runners performed two 10-km time trials (TTs): free pacing (FP-TT) and fast start (FS-TT). During FS-TT, speed during the first kilometer was 6% higher than

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Edwards, Griffin, and Joshua J. Robinson. "You gotta fight for your right? Publicly assigned but privately enforced property rights." International Review of Law and Economics 59 (September 2019): 31–39. http://dx.doi.org/10.1016/j.irle.2019.04.002.

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Tornero Cruzatt, Yuri. "La continuidad del modelo economía social de mercado frente a la situación del derecho al ambiente sano de los pueblos indígenas en una jurisprudencia peruana." Deusto Journal of Human Rights, no. 12 (December 11, 2017): 137. http://dx.doi.org/10.18543/aahdh-12-2014pp137-159.

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<p>In this article analyzed the sentence <em>Conga </em>of the <em>Tribunal Constitucional of Perú</em>. I explain about the relationship without the economic constitutional model «social economic market» and the right of environment. The sentence enforced the government central power in front of the regional decision and influence directly the possibility for the active every social right, including the indigenous right.</p><p><strong>Published online</strong>: 11 December 2017</p>

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Falavigna, Greta, and Roberto Ippoliti. "THE IMPACT OF INSTITUTIONAL PERFORMANCE ON PAYMENT DYNAMICS: EVIDENCE FROM THE ITALIAN MANUFACTURING INDUSTRY." Journal of Business Economics and Management 21, no. 5 (2020): 1285–306. http://dx.doi.org/10.3846/jbem.2020.13195.

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This work aims to shed new light on the relation between institutional performance and firm dynamics. Considering the Italian manufacturing industry and a panel of 3 years, the authors investigate the relation between the time needed by courts to enforce debtors’ obligations and the time needed by enterprises to repay their debts. In particular, we test the hypothesis that efficiency in settling mortgage foreclosure and bankruptcy cases can affect the creditors’ decision making on judicial disputes. According to our thesis, inordinately long waiting times to enforce credit rights may increase

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Casey, Pamela. "Court-enforced Drug Treatment Programs: Do They Enhance Court Performance?" Justice System Journal 17, no. 1 (1994): 117–25. http://dx.doi.org/10.1080/23277556.1994.10871196.

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Liberto, Hallie. "Two Ways to Transfer a Bodily Right." Journal of Moral Philosophy 15, no. 1 (2018): 46–63. http://dx.doi.org/10.1163/17455243-46810066.

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There are two ways to transfer a bodily right. One might transfer a bodily right in a detaching way – that is, without transferring jurisdiction over one’s future bodily choices. Alternately, one might transfer a bodily right in an attaching way – that is, in a way that transfers such jurisdiction. For instance, A might sell his kidney to B for money paid at the time of the transplant. Alternately, A might accept money now, agreeing to give up his kidney some time down the road. In the latter case and not the former, B acquires normative jurisdiction over A’s future bodily choices. In this pap

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de Senna, Pedro, and James Hudson. "Performance and the Right." Studies in Theatre and Performance 41, no. 3 (2021): 231–35. http://dx.doi.org/10.1080/14682761.2021.1974674.

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Ferretti, Elena. "On the Relationship between Primal/Dual Cell Complexes of the Cell Method and Primal/Dual Vector Spaces: an Application to the Cantilever Elastic Beam with Elastic Inclusion." Curved and Layered Structures 6, no. 1 (2019): 77–89. http://dx.doi.org/10.1515/cls-2019-0007.

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AbstractThe Cell Method (CM) is an algebraic numerical method based on the use of global variables: the configuration, source and energetic global variables. The configuration variables with their topological equations, on the one hand, and the source variables with their topological equations, on the other hand, define two vector spaces that are a bialgebra and its dual algebra. The operators of these topological equations are generated by the outer product of the geometric algebra, for the primal vector space, and by the dual product of the dual algebra, for the dual vector space. The topolo

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Ackermann, LWH. "The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 1 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2000/v3i1a2881.

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Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will and consent of the governed, which is determined by regular multi-party elections based on universal adult franchise. Constitutional democracy limits this principle by subjecting the democratically elected government and the will of the majority subject to a written constitution and the norms embodied in it. Such constitution is enshrined as the supreme law of the country in question. An almost universal feature of modern constitutionalism is a Bill of Right

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Anidjar, Leon Yehuda, Ori Katz, and Eyal Zamir. "Enforced Performance in Common Law Versus Civil Law Systems: An Empirical Study of a Legal Transformation." American Journal of Comparative Law 68, no. 1 (2020): 1–54. http://dx.doi.org/10.1093/ajcl/avaa006.

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Abstract Legal systems differ about the availability of specific performance as a remedy for breach of contract. While common law systems deny specific performance in all but exceptional cases, civil law systems generally award enforcement remedies subject to some exceptions. However, there is an ongoing debate about the extent to which the practice of litigants and courts actually reflects the doctrinal divergence. An equally lively debate revolves around the normative question: Should the injured party be entitled to enforced performance or rather content itself with monetary damages? Very f

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Belenki, Stanislav. "An enforced inter-admission delay performance-driven connection admission control algorithm." ACM SIGCOMM Computer Communication Review 32, no. 2 (2002): 31–41. http://dx.doi.org/10.1145/568567.568569.

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Simmonds, Nigel. "Rights, socialism and liberalism." Legal Studies 5, no. 1 (1985): 1–9. http://dx.doi.org/10.1111/j.1748-121x.1985.tb00318.x.

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In his recent book, The Left and Rights, Tom Campbell argues that the concept of an individual right has no special or exclusive connection with the political philosophy of liberalism, or with the legal order of a liberal society. The belief that there is some such connection has been shared by both the revolutionary left and the libertarian right. Campbell argues that both groups falsely attribute to the concept of a right features that are contingently associated with the particular rights enforced in bourgeois society. A socialist society, he argues, would have good reason to accord and res

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Augusto, Antônio, and Cançado Trindade. "Enforced Disappearances of Persons as a Violation of Jus Cogens: The Contribution of the Jurisprudence of the Inter-American Court of Human Rights." Nordic Journal of International Law 81, no. 4 (2012): 507–36. http://dx.doi.org/10.1163/15718107-08104005.

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The consolidation of the international regime of absolute prohibitions (belonging to the domain of jus cogens) of torture, summary and extra-legal executions, and enforced disappearances of persons has counted on the contribution of the case-law of contemporary international tribunals, such as, notably, the Inter-American Court of Human Rights (IACtHR). The jurisprudential construction of the IACtHR to this effect has taken place mainly in the period 1999–2004. The IACtHR began by addressing issues pertaining to its competence ratione temporis, duly distinguishing their bearing on responsibili

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Akhtar, Zia. "Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations." European Review of Contract Law 17, no. 1 (2021): 54–81. http://dx.doi.org/10.1515/ercl-2021-0003.

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Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offere

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Bharucha, Rustom. "Reclaiming the Right to Performance." Performance Research 9, no. 4 (2004): 3–17. http://dx.doi.org/10.1080/13528165.2004.10872047.

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Levin, Jonathan. "Relational Incentive Contracts." American Economic Review 93, no. 3 (2003): 835–57. http://dx.doi.org/10.1257/000282803322157115.

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Standard incentive theory models provide a rich framework for studying informational problems but assume that contracts can be perfectly enforced. This paper studies the design of self-enforced relational contracts. I show that optimal contracts often can take a simple stationary form, but that self-enforcement restricts promised compensation and affects incentive provision. With hidden information, it may be optimal for an agent to supply the same inefficient effort regardless of cost conditions. With moral hazard, optimal contracts involve just two levels of compensation. This is true even i

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Downe, Alexis. "From Relief to Compulsion and Back Again in Contract Law." European Review of Contract Law 16, no. 3 (2020): 410–31. http://dx.doi.org/10.1515/ercl-2020-0022.

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AbstractRelief or compulsion are the two classes of remedy granted for a breach of contract. Traditionally English law is considered to favour relief-based remedies whilst French law prefer compulsion-based remedies. This article seeks to challenge this orthodoxy through the analysis of relatively recent changes in both jurisdictions regarding enforced performance in kind. More importantly, the influence that performance in kind has on other contractual remedies and clauses must be taken into account. Both contractual damages and penalty clauses are shaped by the availability of enforced perfo

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Topa, Ilona. "Right to truth on serious violations of human rights in international law." Roczniki Administracji i Prawa 2, no. XIX (2019): 209–25. http://dx.doi.org/10.5604/01.3001.0014.0439.

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The right to truth is extensively recognized in the contemporary legal discussion, especially within the context of the rights of serious human rights violations’ victims and a broader debate on transitional justice, its aims and mechanisms. This right has directly resulted from the activities of international human rights protection bodies. Human rights courts, while dealing with the cases of torture, arbitrary detention and enforced disappearances has established that states are obliged to disclose the truth about past events, and individuals has the right to require a comprehensive and accu

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Prakash, Sanjeev. "The Right to the Environment. Emerging Implications in Theory and Praxis." Netherlands Quarterly of Human Rights 13, no. 4 (1995): 403–33. http://dx.doi.org/10.1177/016934419501300403.

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In this article the author describes recent thinking and development concerning a human right to the environment. The general framing of the linkage between human rights and the environment and the uncertainty and complexity of scientific knowledge about environmental problems have both contributed to an amount of contention over the value of a right to the environment. The article analyzes the linkage between human rights and processes of environment and development and discusses the relevance of environmental issues to the observance of established rights such as those to life and health. It

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Popoviciu, Gabriela A. "The Superficies Right in the Light of the Romanian Land Law." Journal of Politics and Law 9, no. 1 (2016): 35. http://dx.doi.org/10.5539/jpl.v9n1p35.

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<p>The present study attempts to bring in front that issue of persons who even they are not owning the land, they received a right of use on it and, therefore, have raised different buildings (houses for living, for example), or make some investments (like vineyards, orchards, and so on) on that land. In this context, we will try to look into our national regulations in this matter, because the way in which Romanian Land Law (no. 18/1991 republished) was enforced, raised and continues to raise problems in front of trial proceeding courts, which are comparing with new and complex judicial

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Gargarella, Roberto. "Democracy's Demands." AJIL Unbound 112 (2018): 73–78. http://dx.doi.org/10.1017/aju.2018.33.

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In a classic article published in 1992, Thomas Franck wrote of an “emerging right to democratic governance” in international law. In his view, such a right implied that the acceptance of a government by other states in the international arena depended on whether the government ruled with the consent of its own people. In a later piece, published in 2000, Franck elaborated, stating that [w]hile democracy has long been a right of people in some nations, enshrined in their constitutions and traditions and enforced by their judiciary and police, this has not been true universally. That democracy i

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