scholarly journals The Presumption of Life: A Starting Point for a Due Process Analysis of Capital Sentencing

1984 ◽  
Vol 94 (2) ◽  
pp. 351
Author(s):  
Beth S. Brinkmann
Keyword(s):  
Due Process ◽  
Process Analysis ◽  
Capital Sentencing ◽  
Starting Point

scholarly journals La cuestión prejudicial europea ante planteamientos más que dudosos

2017 ◽  
pp. 270
Author(s):  
Luis Jimena Quesada
Keyword(s):  
Due Process ◽  
State Level ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Preliminary Ruling ◽  
Basic Principles ◽  
Starting Point ◽  
Due Process Of Law ◽  
Specific Discipline ◽  
The Eu

El presente artículo toma como punto de partida la importancia de la cuestión prejudicial como instrumento fundamental del actual constitucionalismo europeo multinivel, en la medida en que a través de él cabe dotar de fuerza a los principios esenciales del Estado de Derecho y de la UE como comunidad de Derecho (especialmente seguridad jurídica, responsabilidad, tutela judicial efectiva y optimización de los derechos fundamentales). Con tal premisa, se efectúa un análisis crítico de estrategias más que dudosas (no siempre aparentemente guiadas por buena fe procesal) que, por acción o por omisión, vulneran el artículo 267 TFUE poniendo en entredicho la fluida articulación del sistema jurídico europeo (de las normas de producción nacional y supranacional) y el correcto reparto del poder judicial europeo (entre la Justicia nacional y supranacional) y, con ello, la óptima realización del sistema europeo de derechos fundamentales. Finalmente, el trabajo concluye con unas propuestas que pretenden mejorar el diálogo judicial supranacional a través de un verdadero espíritu de colaboración que tenga el respaldo de una sólida formación de la Judicatura en Derecho europeo, de una voluntad jurisdiccional positiva (inspirada en el principio favor libertatis), de una dinamización de la obligación de formulación la cuestión prejudicial en los casos previstos en el artículo 267 TFUE y de una disciplina precisa de la doble prejudicialidad (ante la Jurisdicción Constitucional nacional y ante el Tribunal de Justicia).This article takes as its starting point the importance of the preliminary ruling as a fundamental instrument of the current multi-level European constitutionalism, since it allows for strengthening the basic principles of the rule of law at both the State level and the EU level (especially legal certainty, responsibility, due process of law and optimization of fundamental rights). With such a premise, a critical analysis of more than dubious strategies (not always apparently guided by good procedural faith) is carried out. Indeed, these strategies, by action or omission, breach Article 267 TFEU by challenging the fluid articulation of the European legal system (of national and supranational provisions) as well as the correct distribution of the European judicial power (between national and supranational courts) and, as a result, the optimal realization of the European system of fundamental rights. Finally, the paper concludes with proposals that seek to improve supranational judicial dialogue through a true spirit of collaboration supported by a solid training of judges in European law, a positive jurisdictional will (inspired by the favor libertatis principle), a re-dimension of the obligation to submit the preliminary ruling in the cases referred to in Article 267 TFEU and a specific discipline of a double preliminary ruling (both before the national Constitutional Court and before the Court of Justice).

scholarly journals A Comparative Process Mining Analysis of Road Trauma Patient Pathways

2020 ◽  
Vol 17 (10) ◽  
pp. 3426
Author(s):  
Robert Andrews ◽  
Moe T. Wynn ◽  
Kirsten Vallmuur ◽  
Arthur H. M. ter Hofstede ◽  
Emma Bosley
Keyword(s):  
Hospital Care ◽  
Service Providers ◽  
Process Mining ◽  
Process Analysis ◽  
Process Modelling ◽  
Hospital System ◽  
Domain Experts ◽  
Patient Pathways ◽  
Starting Point ◽  
Automated Process

In this paper we report on key findings and lessons from a process mining case study conducted to analyse transport pathways discovered across the time-critical phase of pre-hospital care for persons involved in road traffic crashes in Queensland (Australia). In this study, a case is defined as being an individual patient’s journey from roadside to definitive care. We describe challenges in constructing an event log from source data provided by emergency services and hospitals, including record linkage (no standard patient identifier), and constructing a unified view of response, retrieval, transport and pre-hospital care from interleaving processes of the individual service providers. We analyse three separate cohorts of patients according to their degree of interaction with Queensland Health’s hospital system (C1: no transport required, C2: transported but no Queensland Health hospital, C3: transported and hospitalisation). Variant analysis and subsequent process modelling show high levels of variance in each cohort resulting from a combination of data collection, data linkage and actual differences in process execution. For Cohort 3, automated process modelling generated ’spaghetti’ models. Expert-guided editing resulted in readable models with acceptable fitness, which were used for process analysis. We also conduct a comparative performance analysis of transport segment based on hospital ‘remoteness’. With regard to the field of process mining, we reach various conclusions including (i) in a complex domain, the current crop of automated process algorithms do not generate readable models, however, (ii) such models provide a starting point for expert-guided editing of models (where the tool allows) which can yield models that have acceptable quality and are readable by domain experts, (iii) process improvement opportunities were largely suggested by domain experts (after reviewing analysis results) rather than being directly derived by process mining tools, meaning that the field needs to become more prescriptive (automated derivation of improvement opportunities).

scholarly journals From the Reality of Work to Grounded Work-Based Learning in German Vocational Education and Training: Background, Concept and Tools

2015 ◽  
Vol 2 (3) ◽  
pp. 214-238 ◽  
Author(s):  
Michael Gessler ◽  
Falk Howe
Keyword(s):  
Vocational Education ◽  
Curriculum Design ◽  
Teaching And Learning ◽  
Process Analysis ◽  
Education And Training ◽  
Vocational Education And Training ◽  
Skilled Workers ◽  
Work Process ◽  
Starting Point ◽  
And Training

The "Riga Conclusions" of the European Ministries of Education of 22 June 2015 for the orientation of vocational education and training in Europe are promoting work-based learning as one of five "medium-term deliverables" for the next five years. But: How should and can work-based teaching and learning be designed? Our approach was developed within the German Dual VET System. Therefore it is not surprising that the work reality is for us the major principle for designing curricula and learning settings. As a starting point for developing didactical measures in the field of vocational education and training it is crucial in this approach to identify practices, routines and experiences of skilled workers that are experts for what they are doing. What are those people doing when handling a task, how are they acting, what work objects and tools are they operating with, and what requirements do they have to be aware of? To answer these kinds of questions, the real work in practice must be explored. A useful approach for doing this is a vocational work process analysis. The next step comprises developing a workbased learning project for the classroom. These two steps, vocational work process analysis and work-based learning projects, build the core of the article and enable a grounded work-based learning. Additional the changing priorities of curriculum design in the last century are introduced to reach a better understanding of the background and the actual work-oriented focus in German Dual VET. Our key proposition is: If work-based learning in vocational schools is wanted, the gap between the reality of work and the formal learning settings has to be closed. //

scholarly journals No Longer Out of Sight, No Longer Out of Mind? How Organizations Engage with Process Mining-Induced Transparency to Achieve Increased Process Awareness

2021 ◽  
Author(s):  
Julia Eggers ◽  
Andreas Hein ◽  
Markus Böhm ◽  
Helmut Krcmar
Keyword(s):  
Business Process ◽  
Process Management ◽  
Business Processes ◽  
Process Mining ◽  
Process Analysis ◽  
Structured Interviews ◽  
Business Process Analysis ◽  
Starting Point ◽  
Shared Awareness ◽  
Induced Transparency

AbstractIn recent years, process mining has emerged as the leading big data technology for business process analysis. By extracting knowledge from event logs in information systems, process mining provides unprecedented transparency of business processes while being independent of the source system. However, despite its practical relevance, there is still a limited understanding of how organizations act upon the pervasive transparency created by process mining and how they leverage it to benefit from increased process awareness. Addressing this gap, this study conducts a multiple case study to explore how four organizations achieved increased process awareness by using process mining. Drawing on data from 24 semi-structured interviews and archival sources, this study reveals seven sociotechnical mechanisms based on process mining that enable organizations to create either standardized or shared awareness of sub-processes, end-to-end processes, and the firm’s process landscape. Thereby, this study contributes to research on business process management by revealing how process mining facilitates mechanisms that serve as a new, data-driven way of creating process awareness. In addition, the findings indicate that these mechanisms are influenced by the governance approach chosen to conduct process mining, i.e., a top-down or bottom-up driven implementation approach. Last, this study also points to the importance of balancing the social complications of increased process transparency and awareness. These results serve as a valuable starting point for practitioners to reflect on measures to increase organizational process awareness through process mining.

scholarly journals Application of Cassava Slicer Machine and Oil Dryer Machine in Micro Enterprises in Simalungun District

2019 ◽  
Vol 2 (1) ◽  
pp. 39-46
Author(s):  
Maruf Tafsin
Keyword(s):  
Community Service ◽  
Public Interest ◽  
Process Analysis ◽  
Direct Analysis ◽  
The Public ◽  
Initial Stage ◽  
Starting Point ◽  
Extension Activity ◽  
The Right ◽  
Micro Enterprises

Cassava chips are one of the types of snacks that are in the public interest. So this is a market object that is quite promising by entrepreneurs. But they must compete in quality and taste. So far, slicing cassava and draining cassava chips produced manually so that the results are less than optimal and from this problem where become the starting point to solve solution to the micro-enterprises .             The method used in carrying out this training consists of several methods, namely: (1) Survey to the place of partners in the micro business group in Simalungun. This survey is the initial stage of the activity, which in this activity aims to see firsthand the problems faced. This survey stage is very crucial to get the right solution to the problems that exist. (2) Prequestionnaire this activity is carried out to see how far partners understand how vital the operation and maintenance of the machine. (3) Preparation of cassava slicing machines, this stage consists of several parts including the design of tools that suit the needs of partners, this needs to carry out so that the appropriate equipment specifications obained. (4) Application of equipment and process analysis, this stage is carried out at the partner's place, this stage demonstrates the use of cassava slicing machines to partners so that the results of a direct analysis are seen to increase the efficiency of the use of machinery to the production process. (5) Counseling to partners, this extension activity is significant to be carried out as part of community service. This extension is done to transfer technology to partners in terms of the use and maintenance of the machines provided; (6) Post questionnaire, the questionnaire activity at the end of the devotion activity aims to measure whether the problem faced by the partner has been resolved, and see the increase in the benefits of the machine being donated.

scholarly journals Feminist responses to sexual harassment in academia: voice, solidarity and resistance through online activism

2020 ◽  
Vol 4 (1) ◽  
pp. 9-23
Author(s):  
Sundari Anitha ◽  
Susan Marine ◽  
Ruth Lewis
Keyword(s):  
Sexual Harassment ◽  
Due Process ◽  
Collective Actions ◽  
Gender Based Violence ◽  
Starting Point ◽  
Online Activism ◽  
Gender Based ◽  
Responses To Sexual Harassment ◽  
Indian Academia

This paper takes as its starting point the compilation and circulation online of a list naming alleged sexual harassers in Indian academia in order to examine broader questions about the nature of online activism to address gender-based violence. Set against the historical silencing of women who speak about violence as well as institutional mechanisms to address this issue through due process, we examine the meaning, impact and limitations of this list, which generated considerable discord and debate within feminists in India. In doing so, we consider the place of these new forms of collective actions and expressions of solidarity within the broader feminist campaigns to resist violence.

Legal Time

2018 ◽  
Vol 31 (2) ◽  
pp. 281-322
Author(s):  
William E. Conklin
Keyword(s):  
Due Process ◽  
Equal Treatment ◽  
Conceptual Structures ◽  
A Value ◽  
Starting Point ◽  
Due Process Of Law ◽  
Important Sense ◽  
Sense Of Time ◽  
The One ◽  
Judicial Recognition

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit,Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law.

Formalism and Pragmatism in Criminal Procedure

2018 ◽  
pp. 182-219
Author(s):  
Vincent Chiao
Keyword(s):  
Criminal Law ◽  
Constitutional Law ◽  
Due Process ◽  
Process Analysis ◽  
Capabilities Approach ◽  
Alternative Approach ◽  
Criminal Charges ◽  
Subjective Utility ◽  
The Law ◽  
Procedural Rights

Many jurisdictions define a special procedural regime for people facing “criminal” charges; hence, whether a case is considered “civil” or “criminal” can have important consequences for access to a wide array of procedural rights. Conventionally, the distinction between “civil” and “criminal” law is drawn by reference to whether the law in question is intended to be punitive. This chapter explores an alternative approach. Drawing upon the capabilities approach literature, this chapter develops an account of the allocation of procedural rights on the basis of whether the law in question has the potential to impair effective access to central capability. The appeal of the capabilities approach is contrasted to Kolber’s proposal to index punishment by reference to subjective utility or preference. Although appeal to capabilities is novel in this context, well-known features of due process analysis in American constitutional law are broadly consistent with a capabilities-based approach to rights allocation.

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