An interim measure is a procedural institute, which aims to prevent possible negative consequences to the legal sphere of the applicant in case he would not be able to exercise his rights until the court's final decision is made. This is a frequently used procedural institute, which can ensure a quick but only temporary adjustment of the conditions of the participants in the legal proceedings. The author divided the thesis into three chapters. In the first chapter, the author deals with the concept of interim measures, its nature and the distinction of different types of interim measures. To understand the meaning of interim measures, the author focused in the second part of this chapter on the historical development of interim measures. The second chapter is most crucial because it focuses on the interim measures in Civil Code Procedure. The legal regulation of the general interim measures can be used for special interim measures as an alternative to their regulation in Special Court Proceedings. The author dealt in detail with all aspects of general interim measures, in particular the general preconditions for ordering interim measures, the procedural process from the filing of the application to the issue of the decision and the possibility to appeal against the decision. In the third chapter,...

An interim measure is a procedural institute, which aims to prevent possible negative consequences to the legal sphere of the applicant in case he would not be able to exercise his rights until the court's final decision is made. This is a frequently used procedural institute, which can ensure a quick but only temporary adjustment of the conditions of the participants in the legal proceedings. The author divided the thesis into three chapters. In the first chapter, the author deals with the concept of interim measures, its nature and the distinction of different types of interim measures. To understand the meaning of interim measures, the author focused in the second part of this chapter on the historical development of interim measures. The second chapter is most crucial because it focuses on the interim measures in Civil Code Procedure. The legal regulation of the general interim measures can be used for special interim measures as an alternative to their regulation in Special Court Proceedings. The author dealt in detail with all aspects of general interim measures, in particular the general preconditions for ordering interim measures, the procedural process from the filing of the application to the issue of the decision and the possibility to appeal against the decision. In the third chapter,...

Mission studies are checkpoints in the lifecycle of many Presbyterian Church (U.S.A.) congregations yet these curricula of transition need an overhaul to ensure their efficacy and to identify potential improvements. By evaluating several behavioral models (including Quinn’s Advanced Change Theory, and leadership models by Fluker and Olsen), the author constructs a curriculum centered around a congregational study of Baptism and the Lord’s Supper that fulfills the function of a mission study. In so doing, he provides an alternative for churches seeking to achieve the requirements of such a study while equipping them to discern God’s call in the ever-changing world.

Does the managers’ form of employment matter? A qualitative study of the form of employment’s significance to a managerial appointment The aim of this study is to examine the experiences and attitudes of managers with regards to the significance of the specific terms of their employment. To achieve this, a qualitative approach was deemed to be suitable and a thematic analysis was conducted. Ten middle managers at a Swedish County Council with contrasting terms of employment (permanent positions and short-term managerial appointments) were interviewed over a two week period. To complement the thematic analysis, a theoretic framework and previous research were considered and used. The study found that there is a strong preference among the managers towards a permanent form of employment rather than short-term managerial appointments. The analysis, on the other hand, found that the terms of employment had a negligible impact on the managers’ actual work, whereas it impacted the managers’ perception of their own ‘managerial value’ and their perceived importance to the organisation. On the other hand, our study has shown that the form of employment can also affect the work and organisation. Finally, the study found that this particular field of research is yet to be fully explored and thus further research is needed to reach a greater understanding of the effects of the form of employment to the individual manager, the organisation and its workers.

京都大学 / 0048 / 新制・課程博士 / 博士(医学) / 甲第21294号 / 医博第4383号 / 新制||医||1030(附属図書館) / 京都大学大学院医学研究科医学専攻 / (主査)教授 佐藤 俊哉, 教授 今中 雄一, 教授 増永 慎一郎 / 学位規則第4条第1項該当 / Doctor of Medical Science / Kyoto University / DFAM

The general topic of this Ph.D. thesis regards "Questionable Research Practices" (QRPs) and their effect on the replicability crisis in psychology and social sciences. QRPs are a set of bad research practices carried out to increase the likelihood of obtaining a significant result by providing some sort of manipulation of collected data. QRPs are related to the so-called replicability crisis, defined as the inability to replicate the results of an increasing number of studies. The proposed dissertation focuses on a specific form of QRPs named "Questionable Interim Analysis" (QIA). QIA implies that the data collection stopping rule depends on the previous interim analysis result. While the effect of this practice on the growth of false positive results is well known, its impact on the replicability of studies is still unclear. Furthermore, an objective tool to assess the incidence of this practice in a single study is, to our knowledge, still missing. In this project, we tried to overcome these limitations by evaluating the effects of QRPs on replication success and by proposing a formal tool to resize and control the QIA effects on statistical results. This document begins with a brief overview on the replicability crisis, QRPs, and the methods for identifying these practices in the literature (Chapter 1). Chapter 2 introduces a methodology to clarify the effect of some QRPs (cherry picking, questionable interim analyses, questionable inclusion of covariates, and questionable subgroup analyses) on replicability and determinates which replication success metric performs better in presence of these practices. The results show that the metric based on the golden sceptical p-value maintains low values of false positive replication success when QRPs are assumed. Chapter 3 presents a new probabilistic model to identify the incidence of QIA practice in the literature. It provides information about the larger or lower probability of this practice by estimating the ratio between the probability that a published result was obtained on the basis of a QIA practice or, alternatively, by a standard data collection approach. In Chapter 4, we show an application of the probabilistic models in the context of simulation studies. In particular, we illustrate how the new proposal improves some widely used simulation approaches to assess the false positive results in the context of QIA practices. Finally, in Chapter 5 the proposed models are discussed in terms of their utilities, limitations, and possible future extensions.

No / This paper contributes to our understanding of compliance with non-mandatory statements of best practice. Specifically, we examine the efficacy of agency-related mechanisms on the degree of disclosure compliance with the ASB Statement on interim reports. Using data drawn from a sample of 259 UK companies listed on the London Stock Exchange, we show that although overall disclosure compliance is high (74.5% of the items of information being disclosed), companies do not fully comply with the ASB Statement on interim reports. We employ an ordinary least square (OLS) regression model to establish whether selected company-specific and corporate governance characteristics (proxying for agency-related mechanisms) are related to the degree of disclosure compliance. Our results indicate that multiple listing, company size, interim dividend and new share issuance are positively associated with the degree of compliance. We also find that the degree of disclosure compliance is positively associated with auditor involvement, audit committee independence and audit committee financial expertise. These results have important implications for policy because they suggest that whilst agency-related mechanisms may motivate compliance with best practice non-mandatory statements, full compliance may be unattainable without regulations.

This study contributes to the existing literature by combining the field of digitaltransformation of the finance function and interim management. To answer the researchquestion, a qualitative multiple case-study was conducted that consisted of 10 semi-structuredinterviews with interim CFOs that have over 10 years of experience in digital transformationsof the finance function. The collected empirical evidence was analyzed through the lens ofseveral expectations derived from the first 6 steps in Kotter's (1995) 8-step change model andthrough other findings that emerged from immersing into the two separate fields of literature.The conceptual framework highlights critical aspects that organizations need to carefullyprocess to successfully conduct organizational change.The results of this research show that there are several efforts from interim CFOs as digitalchange agents helping organizations looking towards digital solutions in their financefunctions. While the interim CFOs enter organizations with a lot of necessary experience andknowledge of the available market technologies, they have an inadequate organizationalspecific knowledge, materializing in an insufficient understanding of the organizationalculture, internal systems and processes. This insufficient knowledge, in combination withbeing an external change agent and conservative tendencies within organizations gives rise toresistance towards the transformation. The interim CFOs employ change sponsors as acomplementary mechanism by which the problems revolving around the aforementionedflaws are mitigated. The underlying effort of the interim CFO is to increase the transparency,involvement and commitment throughout the transformation process. This research is anearly contribution to the nascent state of combining these two streams of literature, and thereare multiple angles of approach for future research.

A tese trata do tema das tutelas de urgência e da evidência nos processos societários e está dividida em dez partes. A primeira parte aborda a tutela de urgência e tutela da evidência no contexto da tempestividade da tutela jurisdicional, sempre sob a égide da celeridade do processo, da segurança jurídica e da técnica processual e as propostas para o Novo Código de Processo Civil. A segunda, trata do devido processo legal e o do contraditório, da análise econômica do direito, das relações entre direito e processo e do regime jurídico das medidas urgentes. A terceira parte aborda os limites do controle judicial, as medidas inaudita altera parte, as astreintes, o descumprimento, a contracautela, a irreversibilidade; a relação entre a medida urgente nas eficácias da sentença e seu reflexo no regime das nulidades em direito societário. A quarta parte trata da tutela da evidência no direito societário, abordando a quebra da ordinariedade do sistema processual brasileiro atual, alguns conflitos societários e as propostas para o Novo Código de Processo Civil. A quinta parte contém desdobramentos da tutela da evidência e da tutela de urgência nas deliberações sociais. A sexta e a sétima partes tratarão das tutelas de urgência e demais questões societárias (produção antecipada de provas, a antecipação de haveres, afastamento de sócio, arrolamento, exibição de livros e documentos societários). A oitava parte diz respeito à arbitragem em matéria societária e as relações entre juízes togados e árbitros. A nona parte conterá propostas legislativas e as concusões da tese. A décima e última parte trará a bibliografia utilizada. / This thesis focuses the subject of interim measures and injunctive relief in corporation litigation and is divided in ten parts. The first part addresses ínterim measures and injunctive relief in the context of judicial reliefs opportune timing, always taking into account readiness, legal security and procedural technique, as well as the proposals for a new Code of Civil Procedure. The second addresses procedural due process and participation in the proceedings, law and economics, the relations between substantive and procedural law, and the legal regime of interim measures. The third part approaches the limits of judicial review, inaudita altera parte relief, contempt of court fees, noncompliance, counter-guarantee, irreversibility, the relationship between the interim measure in the final awards effects and its impact in the regime of nullity defects in corporate law. The fourth part discusses interim measures based on preponderance of evidence in corporate law, bracing the fracture of ordinary proceedings in the current Brazilian Procedural system, some corporate disputes, and the proposals for the New Code of Civil Procedure. The fifth parte contains the unravelling of interim relief based on preponderance of evidence and urgent relief regarding the corporations decisions. The sixth and seventh parts will engage in the matters of urgent relief and other remaining corporate issues (anticipated disclosure of evidence, anticipated payment of shareholders assets, termination of shareholders, probate proceedings, disclosure of business records and other company documents). The eight part focuses arbitration in corporate law and the relationship between state judges and arbitrators. The ninth part contains proposals for statute drafts and the conclusions of the thesis. The tenth and last part shall bring the bibliography utilised.

Clear Air Turbulence (CAT) is the turbulence experienced at high altitude on board an aircraft. The main mechanisms for its generation are often said to be Kelvin-Helmholtz instability and mountain waves. CAT is an issue to the aviation industry in the sense that it is hard to predict its magnitude and exact location. Mostly, it is just a nuisance for the crew and passengers, but occasionally it causes serious injuries and aircraft damage. It also prevents air-to-air refuelling to be conducted in a safe manner. The micro scale nature of CAT makes it necessary to describe it with turbulence indices. The first part of this study presents a verification of the two commonly used turbulence indices, TI1 and TI2, developed by Ellrod and Knapp in 1992. The verification is done with AMDAR (Aircraft Meteorological Data Relay) reports and computed indices from ERA-Interim data. The second part presents a 33-year climatology of the indices for describing CAT. Results show that the index TI1 is generally the better of the two indices based on hit rate, but TI2 performs better based on false alarm rate. The climatology suggests that CAT is more frequent at the northern east coast of the U.S., over the island of Newfoundland and east of Greenland. In the vertical, CAT seems to occur most frequently at the 225 hPa level but also occur frequently at the 300 hPa level at the aforementioned areas. Based on AMDAR reports from 2011, only 0.014% of the reports were positive turbulence observations. The low amount of reports suggests that CAT can be avoided effectively with current CAT predicting skills and flight planning. / Clear Air Turbulence (CAT) är den turbulens på hög höjd som upplevs ombord på flygplan och orsaken till denna turbulens sägs ofta vara Kelvin-Helmholtz-instabilitet och lävågor. På grund av svårigheten att förutsäga dess styrka och exakta position är CAT ett problem inom flygbranschen. Ofta är CAT bara ett irritationsmoment för besättning och passagerare, men kan ibland orsaka personskador och flygplansskador. Den mikroskaliga strukturen som CAT har gör det nödvändigt att beskriva den med turbulensindex. Den första delen av denna studie tar upp pålitligheten av två ofta använda turbulensindex, TI1 och TI2, utvecklade av Ellrod och Knapp år 1992. Verifikationen görs med hjälp av AMDAR-rapporter (Aircraft Meteorological Data Relay) och turbulensindex beräknade med data från ERA-Interim. Den andra delen består av en 33-års klimatologisk studie av CAT baserat på dessa index. Baserat på träffgrad presterar TI1 generellt bättre än TI2, men TI2 presterar bättre än TI1 vad gäller falsklarmsgrad. Den klimatologiska studien tyder på att CAT är mer frekvent över USAs norra ostkust, över Newfoundland och öster om Grönland. I vertikalled verkar CAT förekomma mest frekvent omkring 225 hPa-nivån, men även runt 300 hPa-nivån över de geografiska områden som nämnts ovan. AMDARrapporter från 2011 visar att endast 0.014% av rapporterna observerade turbulens. Den låga andelen antyder att man effektivt kan undvika CAT över nordatlanten med branschens nuvarande förmåga att förutse CAT och god färdplanering. / Research on a CRuiser Enabled Air Transport Environment, RECREATE