Thesis (M.S.)--Youngstown State University, 1999. / Includes bibliographical references (leaves [100]-[104]).

L’expansion du commerce international a élevé l’arbitrage au rang de mode habituel de règlement des litiges commerciaux. L’accroissement des contentieux complexes, la juridictionnalisation ainsi que la judiciarisation de l’arbitrage sont cependant devenus source d’une multiplication des incidents de compétence dans l’arbitrage. Ainsi, la répétition d’un litige identique ou la fragmentation de litiges liés sont des situations susceptibles de se manifester entre le juge et l’arbitre, entre deux tribunaux arbitraux ou encore entre deux juridictions étatiques saisies d’une question relevant de l’arbitrage. En dépit de l’existence d’une convention d’arbitrage matérialisant la compétence de l’arbitre, une partie peut en contester l’applicabilité devant le juge étatique, engendrant une situation de litispendance. La situation de connexité dans l’arbitrage n’est pas non plus une hypothèse isolée : la pluralité de contrats ou de parties est susceptible d’entraîner la fragmentation de litiges connexes entre le juge et l’arbitre. Ces incidents de compétence portent atteinte aux principes directeurs de la procédure qui prônent l’efficacité, la célérité et la bonne administration de la justice. Si des mécanismes destinés à résoudre les situations de litispendance et de connexité existent, leurs formes et leurs implications diffèrent en droit anglais et en droit français de l’arbitrage. La méthode bilatérale, fondée sur les droits anglais et français, permet d’appréhender les mécanismes visant à résoudre les incidents de compétence dans l’arbitrage et le droit comparé, de révéler une part de l’essence du droit de l’arbitrage propre à chacun des droits étudiés. / The expansion of international trade has raised arbitration to the rank of usual procedure for the resolution of commercial disputes. However, the increasing number of complex litigations, jurisdictionalisation and “judicialisation” of arbitration create a source of multiples conflicts of jurisdiction in arbitration. Thus, the repetition of an identical dispute or the fragmentation of related litigations are likely to occur between State courts and arbitral tribunals, between two arbitral tribunals or between two States courts hearing a matter for arbitration. Despite the existence of an arbitration agreement embodying the arbitrator’s jurisdiction, a party may challenge its applicability before a State court, leading to a lis pendens situation. The situation of related actions in arbitration is not an isolated case: a plurality of contracts or parties may cause fragmentation of related litigations between a judge and an arbitrator. These incidents affect the principles of arbitration proceedings intended to promote efficiency, promptness and the proper administration of justice. Although mechanisms to resolve situations of lis pendens and related actions exist, their forms and implications differ from English to French arbitration law. The bilateral comparative law method, based on English and French laws, helps understanding the mechanisms resolving jurisdiction incidents in arbitration and comparative law allows revealing a part of the essence of arbitration law specifics to legal national system studied.

No description available.

This scrapbook of biographical sketches serves as an exhibition of portraits in the elementary school principalship through experiencing a gallery of leadership interviews. Perspectives have been framed in compositions that represent the practical realist, the idealist, and at times even a surrealistic perspective of the elementary principal. Critical incidents were shared from individual participants representing catalysts for momentous change; themes of personal realizations, barriers to effectiveness, and challenges in the career of an administrator also contributed as dominant elements of the final work. A qualitative research method employing interviews explored the variation of colorful experiences that 23 elementary administrators encountered over the tenure of their careers. Each interview file was imported into the NUD*IST program. These files were then systematically coded and analyzed. The thick and rich descriptions provided opportunities for professionals to identify with the comments from practitioners and therefore established the applicability of the study. During a time when the entire nation is engaged in adjusting to the impact of a single catastrophic event, it is appropriate to stop and address the little explored regions of the routines that daily exert constraints on time, and shape consciously or unconsciously how principals are affected as a result of their career choice of administration. This study might be of interest to institutions that prepare instructional leaders for elementary school principalship. It could also assist superintendents and supervisors in public education by making them aware of what they might contribute to the success of their students by establishing an ideal relationship with their principals combining latitude, trust, and support. Finally, it could serve to validate or confront practitioners as they resolve issues of their own practice though vicariously experiencing the events and situations shared by their colleagues and peers.

No description available.

The evacuation planning has become an important issue addressed by many research studies and publications aiming to improve the security of the daily life for our public inside the United States of America. The main objective of this research was to address the growing need for evacuation planning using traffic simulation. With increased interests and awareness in emergency evacuation and first responder access to emergencies in public locations (airports, transit stations, ports or stadiums), the traffic simulation can be helpful in orchestrating the traffic flow during emergencies. Related to this issue, Federal Transit Administration has issued a large number of publications and guidelines concerning emergency preparedness and incident management. These guidelines are used to develop a simulation-based activity to evaluate the current plan and alternative plans for the deployment of transit during an emergency situation. A major task for this project is to study the effect of evacuation on the surrounding traffic network and help the local transit company (LYNX) to evaluate their evacuation plan and consider different possibilities without the risk and cost of actual evacuation drills. A set of different scenarios and alternatives for each scenario were simulated and studied to reach the best possible evacuation strategy. The main findings were evacuation as pedestrians have less impact on traffic network and rerouting decreases the congestion resulting from the evacuation process.

Leaders in high reliability-risk environments play an important role in understanding the complexities of their context and implementing via behaviors with their teams during work activities. Based on the importance of understanding leader behaviors in a high consequence environment an exploratory study at a nuclear power plant was chosen. Current high reliability-risk leadership literature has not been studied in the area of leader-based incident occurrence and has also not been assessed using the methodology of analyzing critical incidents. The findings of this research inductively contribute to high reliability theory by empirically tying leaders (via leader behaviors) to critical incidents (performance outcome). The use of the nuclear power industry as an exploratory platform (due to minimal existing work) achieved an understanding which leader behaviors influenced the performance outcome (critical incident) in a high reliability-risk technical environment. The study utilized the underpinning of the high reliability leadership framework and added to this literature stream with contextual critical incident analysis that identified leadership behaviors during evolutions that caused incidents. The findings indicated themes related to responsiveness, maintaining alignment, and method of engagement; maintaining roles and responsibilities, and assigning oversight to correct and coach; rigor of situational risk assessment, and willingness to deviate; understanding intent of standards/policies/procedures, and technical understanding which emerged as key categories. Further abstraction revealed higher order categories of teamwork, communication, decision-making and knowledge. Using the depth of contextual detail that the results provided, a high reliability-risk grounded theory leader-based incident model was generated. The research suggests that in highly technical industries, studies of context-based, non-technical behavioral competencies are important to understand prior to placing personnel in key leadership positions, adding to the less studied high reliability literature. The findings and model generated suggest a significant revision to the most recent (2018) high reliability conceptual model with empirically driven detailed findings, which was the premise of this research. Additionally, these findings indicate leader-environment fit gaps specific to a particular environment, and also identify a problem in the lack of initiating structure and the consequences associated with it. Finally, I also identify the leader-member exchange leading up to a known outcome in a high reliability-risk field. The insights of this research for practitioners is the application of findings to their firm’s leadership teams to improve culture, performance management, training, and knowledge management. Academically this work induces further theory which supports more knowledge creation and debate in literature. Future researchers can apply different methods and contexts for study using the model developed therefore addressing the limitations. / Business Administration/Human Resource Management

Travel time information is important for Advanced Traveler Information Systems (ATIS) applications. People traveling on urban freeways are interested in knowing how long it will take them to reach their destinations, particularly under congested conditions. Though many advances have been made in the field of traffic engineering and ITS applications, there is a lack of practical travel time estimation procedures for ATIS applications. Automatic Vehicle Identification (AVI) and Geographic Information System (GPS) technologies can be used to directly estimate travel times, but they are not yet economically viable and not widely deployed in urban areas. Hence, data from loop detectors or other point estimators of traffic flow variables are predominantly used for travel time estimation. Most point detectors can provide this data efficiently. Some attempts have been made in the past to estimate travel times from point estimates of traffic variables, but they are not comprehensive and are valid for only particular cases of freeway conditions. Moreover, most of these methods are statistical and thus limited to the type of situations for which they were developed and are not of much general use. The purpose of current research is to develop a comprehensive system for travel time estimation on urban freeways for ATIS applications. The system is based on point estimates of traffic variables obtained from detectors. The output required from the detectors is flow and occupancy aggregated for a short time interval of 5 minutes. The system for travel time estimation is based on the traffic flow theory rather than statistical methods. The travel times calculated using this system are compared with the results of FHWA simulation package TSIS 5.0 and the estimation system is found to give reasonable and comparable results when compared with TSIS results. / Master of Science

In 2004, 5,190 people were killed due to a traffic accident involving a commercial motor vehicle (CMV), up from 4,793 people killed in 2001 (Traffic Safety Facts, 2004; Traffic Safety Facts, 2001). Driver drowsiness is an important issue to consider when discussing CMVs. According to the FMCSA, over 750 people are killed and 20,000 people are injured each year due to drowsy CMV drivers (as cited in Advocates for Highway and Auto Safety, 2001). Driver drowsiness is an important issue for CMV drivers for several reasons, including long work shifts, irregular schedules and driving long hours on interstates and highways with no scenic interruptions to help keep the driver alert. Because of these and other factors, including the high mileage exposure that CMV drivers face, drowsiness is an important issue in a CMV driver's occupation. There were two main goals to this research: 1) gain a better understanding of the time-related occurrences of drowsy-related critical incidents (i.e., crashes, near-crashes and crash-relevant conflicts), and 2) obtain drivers' opinions of the 2004 Revised Hours-of-Service regulations. To do this, recent data were used from a Field Operational Test conducted by the Virginia Tech Transportation Institute in which 103 participants drove in an instrumented heavy vehicle for up to 16 weeks; video data, and sensor data were collected from each participant. In addition, actigraph data was collected from 96 of the 103 participants. Each vehicle was instrumented with four video cameras to capture images of the drivers face, the forward roadway, and the adjacent lanes on each side of the truck. In addition, multiple sensors were installed in the vehicle in order to collect data such as the driver's speed, braking patterns and steering wheel movement. These data were combined to provide a complete picture of each driver's environment and behavior while they drove their normal routes. Data analysts reviewed the data for critical incidents (crashes, near-crashes, and crash-relevant conflicts) and determined a drowsiness level for each incident; these downiness levels were compared to drowsiness levels of baseline incidents (i.e., normal driving periods). The results show that drivers were more likely to have a drowsy-related critical incident between 2:00 pm and 2:59 pm. In addition to the video and sensor data, each driver was asked to fill out a subjective questionnaire regarding the revised HOS regulations. Drivers preferred the revised HOS regulations over the old HOS regulations and the number one item that was preferred in the revised HOS regulations is the 34-hour restart which allows drivers to restart their work week by taking off 34 consecutive hours. / Master of Science

Ce travail de didactique des mathématiques s'appuie sur le cadre de la Théorie des Situations Didactiques et s'intéresse à l'action conjointe des professeurs et des élèves dans un environnement numérique et à la dynamique que cette action conjointe engage. Il s'appuie aussi sur le cadre théorique de l'approche documentaire, qui complète et prolonge le cadre de l'approche instrumentale : les artefacts numériques présents dans cet environnement sont ainsi considérés comme des éléments du système documentaire des professeurs et des élèves. Considérant l'intégration de ces artefacts dans la classe ordinaire de mathématiques, nous mettons en évidence l'importance de moments particuliers, que nous nommons incidents didactiques, qui engagent des perturbations modifiant la dynamique de la classe. En développant cette notion d'incident didactique, nous construisons un cadre d'analyse permettant de mettre en évidence des phénomènes de genèse documentaire des enseignants et des élèves et d'en suivre les effets, à court ou à long terme, sur l'enseignement et l'apprentissage des mathématiques. Nous montrons que les incidents didactiques peuvent être, sous certaines conditions, des occasions de réorganisation locale et globale des connaissances pour le professeur dans le cadre de son enseignement ou pour l'élève dans son apprentissage des mathématiques / This work of mathematics education based on the framework of the theory of didactic situations, focuses on the joint action of teachers and students in a digital environment. We give an important place to the theoretical framework of documentary genesis, which complements and extends the scope of the instrumental genesis and considers artifacts as well as elements of the digital library system for teachers and students. In the general context of the use of technology in the regular classroom of mathematics, we seek to understand how the incidents are indicative of perturbations that change the dynamic of the class. In developing this notion of didactical incident, we build a framework to highlight the phenomena of documentational genesis of teachers and students and to monitor the short or long term eects on mathematics teaching and learning. We show that the didactical incidents, under certain conditions, oer opportunities for restructuring local and global knowledge for the teacher as part of his teaching or the student's learning of mathematics