Journal articles on the topic 'Simple Legal Model'
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Hlobil, Tobias M. "A simple test of a simple legal model." Economics Letters 184 (November 2019): 108671. http://dx.doi.org/10.1016/j.econlet.2019.108671.
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Hackney, Donald D., Daniel L. Friesner, and Matthew Q. McPherson. "A Simple Model of Financial Epidemiology." International Journal of Social Ecology and Sustainable Development 5, no. 1 (January 2014): 47–57. http://dx.doi.org/10.4018/ijsesd.2014010105.
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Declining economic conditions over the past several years have identified a disturbing trend; more and more households in the US are being pushed to the brink of financial insolvency. Current legal and market protections (including, but not limited to the use of collateral and mortgage insurance, consumer credit counseling and bankruptcy protection) provide relief after financial distress occurs, but do nothing to prevent the likelihood of distress. Recent research argues that the use of preventive measures are superior to ex post measures, but can only be implemented with the help of predictive models to identify at risk households. This paper uses tools drawn from evolutionary game theory, economics and public health to create a simple model of “financial epidemiology”, which illustrates the role that social dynamics play in shaping household financial decisions. The model facilitates the prediction of financial insolvency by constructing phase diagrams which illustrate “tipping points” beyond which households move down an inexorable path towards insolvency.
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Hardipo Widyaputra, Sholahudin Ranggawuni, and Pujiyono SH MH. "The Enforcement of Simple Claim Process as a Role Model of Credit Agreement Conflict Resolution in Bank Perkreditan Rakyat (BPR)." International Journal of Multicultural and Multireligious Understanding 5, no. 4 (July 1, 2018): 394. http://dx.doi.org/10.18415/ijmmu.v5i4.360.
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This study is aimed to know varied factors influencing simple claim has not become role modelof credit conflict resolution in BPR. Research method is normative juridic. Data collection technique is documentary/literature study and books or other related documents with the case under study. Results of the research shown that several factors are influencing the simple claim not to be role model of credit conflict resolution in BPR because the non existence of regulation on simple claim to be the only legal effort in the resolution of credit conflict in UMKM. In addition, people feels that simple claim is poorly socialized and minimal information available related with the infrequent State Court verdict on simple claim case for reference, and support from the law enforcement which are frequently made to be simple claim to be non simple claim. Therefore, it is necessary for more efforts to introduce the resolution of simple claim in the resolution of credit conflict by seminars and also legal requrements stipulated as legal host in the resolution of credit conflict, which are not inflicting either party. The preliminary step for simple claim organizational image role model of credit conflict is that Supreme Court must immediately make PERMA to enforce PERMA No. 2 Year of 2015 on Simple Claim in credit conflict, with any legal consequence for the violator. BPR shall enclose clause of conflict resolution using simple claim in each credit agreement.
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Roestamy, Martin. "Model Land Supply for Land Bank to House Application." BESTUUR 8, no. 1 (July 24, 2020): 27. http://dx.doi.org/10.20961/bestuur.v8i1.43142.
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<p>This study aimed to find out Land Bank's land supplies to provide land for affordable housing and establish community paradigm for ownership in which building separates from its property. The study was performed using a mixed methodology; namely informative where the primary legal material as a legal framework of housing construction is highlighted by considering legal research conducted with simple legal norms with attention to primary data such as land tenure, land availability, and the amount of housing backlogs that extended to help research. Quantitative data used as a measure of flaws in the application of drugs and legal framework, so that all legal resources can be supplemented with quantitative and qualitative data to find alternatives and open access for LIPs' houses.</p><p> </p><p><strong> </strong><strong>Keywords:</strong> Land Supply; Land Bank; Affordable Housing.</p>
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Batubara, Gialdah Tapiansari, and Firdaus Arifin. "MODEL PENDIDIKAN HUKUM DALAM UPAYA MEWUJUDKAN KESADARAN HUKUM SISWA SEJAK DINI." Vol. 20 No. 1 April 2019, no. 20 (January 10, 2020): 20–56. http://dx.doi.org/10.23969/litigasi.v20i1.2106.
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Indonesia as a state of law, has written and unwritten rules as an abstract form of legal protection for the community, while concrete legal protection, one of which, is protected from the target of crime and from the potential of becoming a criminal. One important and fundamental aspect of this problem lies in the process of transforming the noble values of law through a legal education. Here the model used in legal education largely determines the realization of legal awareness. This article tries to give a little description of the relationship between them qualitatively, especially on the basis of thefact that legal education is the most rational method for shaping students legal awareness. The relationship between the variables of legal education and the variable of legal awareness of students is very significant. The object of legal education must reach school students. Legal education is not the only indicator of student legal awareness, but it is qualitatively clear that with the earlier, frequent and increasingly broad range of legal education activities carried out by professional communicators, accompanied by increasingly sophisticated, simple, smart, standard communication techniques: safe, real, quick, practical, effective, imaginative fun, award, problem solving oriented, with gender perspective, prioritize the best interests of students, and provide space to appreciate students rights.It is believed that legal education will have a greater impact on the formation of student legal awareness
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AGUDELO, ANGIE, JAZBLEIDY GOMEZ, and LADY VANEGAS. "LA ADOPCIÓN: ¿PROCESO JURÍDICO, ECONÓMICO O CULTURAL?" Pensamiento Republicano 10 (February 1, 2019): 61–80. http://dx.doi.org/10.21017/pen.repub.2019.n10.a49.
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This article aims to address the concept of adoption, which has different nuances in their social, psychological and legal contexts, as many people are prejudiced about the adoptive family by cultural imaginaries, framed in the economic and moral, which have now been consolidated in Colombian society. The adoption as charity, desire or a simple act of love, are different notions from which you can analyze this concept, as a solid family model or establish some points by which adoption rates have decreased.
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Napel, Stefan, and Dominik Welter. "Simple Voting Games and Cartel Damage Proportioning." Games 12, no. 4 (October 1, 2021): 74. http://dx.doi.org/10.3390/g12040074.
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Individual contributions by infringing firms to the compensation of cartel victims must reflect their “relative responsibility for the harm caused” according to EU legislation. Several studies have argued that the theoretically best way to operationalize this norm is to apply the Shapley value to an equilibrium model of cartel prices. Because calibrating such a model is demanding, legal practitioners prefer workarounds based on market shares. Relative sales, revenues, and profits however fail to reflect causal links between individual behavior and prices. We develop a pragmatic alternative: use simple voting games to describe which cartel configurations can(not) cause significant price increases in an approximate, dichotomous way; then compute the Shapley-Shubik index. Simulations for a variety of market scenarios document that this captures relative responsibility better than market share heuristics can.
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Schmidt, Karsten. "Trust as a Legislative Challenge: Bipolar Relation vs Quasi-Corporate Status? Basic Trust Models in Legal Practice, Theory, and Legislation." European Review of Private Law 24, Issue 6 (December 1, 2016): 995–1010. http://dx.doi.org/10.54648/erpl2016060.
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Trust is a multifaced and enigmatic legal construction. The recent reform of trust law in the Czech Republic is based on a very demanding legal concept, obviously linked with the “fiducie” model in the Law of Québec. In contrast, the legal community in Germany has to cope with trust issues on the basic of very few and simple Civil Code provisions under the law of obligations. This concept has, however, has proved to be fruitful producing three elementary types of trust constructions: (a) simple bipolar mandate agreements, (b) trust agreements in the benefit of third persons, and (c) complex trust organisations serving as quasi-legal bodies. The Czech trust law, recently enacted in ss. 1400 et seqq., is appropriate for the third (most complicated) type c of trust construction. It may, however, fall short as far as simple trust agreements (a, b) are concerned. The German law, on the other hand, has to cope with a noticeable drawback regarding type c: the lack of transparency of trust based quasi-entities.
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Bunting, William C. "A Simple Model of Corporate Fiduciary Duties: With an Application to Corporate Compliance." Review of Law & Economics 17, no. 3 (November 1, 2021): 583–614. http://dx.doi.org/10.1515/rle-2021-0013.
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Abstract This article models the duty of care as a response to moral hazard where the principal seeks to induce effort that is costly to the agent and unobservable by the principal. The duty of loyalty, by contrast, is modeled as a response to adverse selection where the principal seeks truthful disclosure of private information held by the agent. This model of corporate loyalty differs importantly with standard adverse selection models, however, in that the principal cannot use available contracting variables as a screening mechanism to ensure honest disclosure and must rely upon the use of an external third-party audit technology, such as the court system. This article extends the model to the issue of corporate compliance and argues that the optimal judicial approach would define the duty to monitor as a subset of due care – and not loyalty – but hold that the usual legal protections provided for due care violations no longer apply.
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Sitompul, Silvia Sari. "Model Pengujian Gaya Kepemimpinan, Motivasi Kerja melalui Kepuasan Kerja terhadap Kinerja Karyawan Notaris di Pekanbaru." Journal of Economic, Bussines and Accounting (COSTING) 2, no. 1 (November 30, 2018): 28–40. http://dx.doi.org/10.31539/costing.v2i1.336.
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Notary designation for someone who has received legal education licensed by the government to do legal matters, especially as a witness to signing the document. Objects in this study are permanent (active) employees in Notary's office Pekanbaru City. The research population is 894. Sample selection is done using probability sampling method with Simple Random Sampling technique, so that the number of samples taken was 276 employees. In this study, parametric statistics were used with multiple linear regression analysis. The results of this study indicate that leadeship style and satisfaction have significant effect on performance while work motivation has no significant effect on performance.
Keywords: Leadership Style, Work Motivation, Job Satisfaction and Employee Performance
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Martin, Lawrence. "On the Legal and Illegal Behavior of the Regulated Firm." Public Finance Quarterly 14, no. 4 (October 1986): 431–47. http://dx.doi.org/10.1177/109114218601400404.
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This article develops a simple model of a firm's privately optimal choice of the degree to which it will abide with regulations. The model allows for the firm to disguise its illegal actions in order to avoid detection and to expend resources to mitigate possible punishment for violations. Both price and quantity type regulatory schemes are considered. Under quantity regulation noncompliance increases the total amount of the regulated activity and distorts efficiency in production. Price regulation, on the other hand, introduces a kind of dichotomy between the real production plan of the firm and its illegal activity. Even though price regulations are substantially evaded, the total amount of the regulated activity remains unchanged, and the firm continues to produce efficiently.
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Grimes, Caris E., Belinda Stringer, and Linda Roberts-Jones. "Simple and powerful: a consultant and governance-led bereavement service." BMJ Supportive & Palliative Care 10, no. 2 (January 10, 2019): 224–27. http://dx.doi.org/10.1136/bmjspcare-2018-001661.
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BackgroundFollowing bereavement, families can be left with unanswered questions or issues of concern. We piloted a bereavement service model which was consultant and governance-led with the aim to reduce complaints, reduce litigation, reduce coroners' inquests and support families.MethodsFollowing the death of a patient, the next of kin was sent an invitation. Those that responded were offered a 1-hour appointment with a consultant, senior sister and a member of the governance team. Notes were taken to track themes and feedback sheets were introduced to gauge the usefulness of the service to families.ResultsOf 121 invitations sent out, 18 families (14.8%) used the service. Two families had already sought legal advice. Neither acted further. 44% said they would have made a complaint if the service had not been available. 78% stated that they had obtained closure.ConclusionA bereavement service model which is consultant and governance led may reduce complaints and reduce litigation.
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de Mesquita, Ethan Bueno, and Matthew Stephenson. "Informative Precedent and Intrajudicial Communication." American Political Science Review 96, no. 4 (December 2002): 755–66. http://dx.doi.org/10.1017/s0003055402000436.
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We develop an informational model of judicial decision-making in which deference to precedent is useful to policy-oriented appellate judges because it improves the accuracy with which they can communicate legal rules to trial judges. Our simple model yields new implications and hypotheses regarding conditions under which judges will maintain or break with precedent, the constraining effect that precedent has on judicial decision-making, the voting behavior of Supreme Court Justices, the relationship between a precedent's age and its authority, the effect of legal complexity on the level of deference to precedent, the relative stability of rules and standards, and long-term patterns of legal evolution. Perhaps most importantly, we demonstrate that “legalist” features of judicial decision-making are consistent with an assumption of policy-oriented judges.
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Vigim, Jaqolina Anggraeni. "Remuneration Information System Success In State University As Legal Entity (PTN-BH) Using Delone and Mclean Model." AKRUAL: Jurnal Akuntansi 11, no. 1 (October 31, 2019): 36. http://dx.doi.org/10.26740/jaj.v11n1.p36-43.
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This study aimed to determine the success of remuneration information systems in PTN-BH using the DeLone and McLean models. The sampling method used was simple random sampling with 51 of 101 work units at the Indonesia University of Education. The data used were primary data with questionnaires, documentation, and interview techniques. Hypothesis testing was done by using version 3.0 Partial Least Square (PLS) software. The results of hypothesis testing show that the quality of the system influences user satisfaction, the quality of information affects user satisfaction and user satisfaction affects the personal impact.
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Lysenko, Serhiі Oleksiyovych. "SPECIAL THEORY OF ADMINISTRATIVE – LEGAL REGULATION OF INFORMATION SECURITY OF THE SOCIAL SYSTEMS." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 11 (January 24, 2018): 198–208. http://dx.doi.org/10.31618/vadnd.v1i11.27.
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The article deals with the principles of creating a special theory of administrative and legal regulation of information security, analyzes the process of its analogy with physical laws, analyzes the threats and dangers to interests and all information security that affect the process of modeling, determines the principles of constructing and researching models of information security of social systems.It was noted that the administrative and legal regulation of information secu- rity is due to the need for state management of the processes of formation and use of information resources, the creation and application of information systems and the provision of information security of social systems. It is proved that to a large extent information security is caused by the need for administrative regulation of information relations in various spheres that form the system itself and maintain its integrity. It is determined that the administrative and legal basis of information security of social systems should provide an ideal state of activity of subjects, system and its models. Selected concrete administrative and legal principles of information security, such as physical formulas, create its model. Of course, for each social system, the model of information security is individual. However, there are also general patterns of modeling, for example — the construction of the model should be based on the simple and optimal (as we are referred to by the flow of light), administrative and legal principles.It is proved that high rates of development of information technologies, create new requirements to the sphere of security in general and to information security in particular. The reform of the legislation regulating activity in the field of infor- mation security should be based on the proper scientific theory. What is urgent is the need to create a General Security Theory, which would explain and regulate the set of processes of ensuring the safety of society.
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Lysenko, Serhiі Oleksiyovych. "SPECIAL THEORY OF ADMINISTRATIVE – LEGAL REGULATION OF INFORMATION SECURITY OF THE SOCIAL SYSTEMS." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 12 (February 14, 2018): 198–208. http://dx.doi.org/10.31618/vadnd.v1i12.62.
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The article deals with the principles of creating a special theory of administrative and legal regulation of information security, analyzes the process of its analogy with physical laws, analyzes the threats and dangers to interests and all information security that affect the process of modeling, determines the principles of constructing and researching models of information security of social systems. It was noted that the administrative and legal regulation of information security is due to the need for state management of the processes of formation and use of information resources, the creation and application of information systems and the provision of information security of social systems. It is proved that to a large extent information security is caused by the need for administrative regulation of information relations in various spheres that form the system itself and maintain its integrity. It is determined that the administrative and legal basis of information security of social systems should provide an ideal state of activity of subjects, system and its models. Selected concrete administrative and legal principles of information security, such as physical formulas, create its model. Of course, for each social system, the model of information security is individual. However, there are also general patterns of modeling, for example — the construction of the model should be based on the simple and optimal (as we are referred to by the flow of light), administrative and legal principles. It is proved that high rates of development of information technologies, create new requirements to the sphere of security in general and to information security in particular. The reform of the legislation regulating activity in the field of information security should be based on the proper scientific theory. What is urgent is the need to create a General Security Theory, which would explain and regulate the set of processes of ensuring the safety of society.
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Heaton, J. B. "Positive Equity Prices with Insolvency Under Legal Solvency Tests." Journal of Forensic Economics 27, no. 1 (January 1, 2018): 63–70. http://dx.doi.org/10.5085/434.1.
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Abstract It is well understood that the equity of an insolvent firm can trade for a positive price so long as there is some positive probability that the firm will become solvent at some future point. Currently, however, this insight exists in the case law in an informal sense, while its use in the financial economics literature is highly formalized and not tied to the legal solvency tests that experts, lawyers, and judges must apply in solvency litigation. A simple model of a debtor firm shows why a positive-equity value does not imply solvency under either of two widely-used legal solvency tests. This links a well-known financial economic insight to legal solvency tests. This is of practical importance as market evidence becomes more important in solvency litigation and as directors continue to face important questions of shifting fiduciary duties when the firm becomes insolvent.
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French, Nick. "Property valuation in the UK: market value and net of costs." Journal of Property Investment & Finance 37, no. 2 (March 4, 2019): 233–36. http://dx.doi.org/10.1108/jpif-03-2019-099.
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Purpose The purpose of this paper is to comment upon the relatively straightforward but often contentious practice of allowing for costs on the capital value derived by the investment model of property valuation. Design/methodology/approach This education briefing is an explanation of the discounting process to allow for costs used in practice. Findings Although, the deduction of cost is a simple use of algebra, often valuers (and, in particular, students) fail to make the allowance correctly. Practical implications The process of allowing for cost is a simple heuristic based on market averages for various individual costs such as agents’ fees and legal fees (including VAT) and property taxation (stamp duty). Originality/value This is a review of existing models.
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Solovyanenko, Nina I. "The exercise of the rights of individuals and legal entities in the field of the use of electronic signatures as a condition of trust in the digital environment." Gosudarstvo i pravo, no. 11 (2022): 192. http://dx.doi.org/10.31857/s102694520022777-5.
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In the article, the exercise of the rights of individuals and legal entities in the field of the use of electronic signatures is considered as one of the fundamental legal conditions of trust in the digital environment, understood as confidence in the reliability of electronic transactions, certainty regarding the legal significance and legal consequences that may arise as a result of the use of electronic means. The author examines the fundamental legal structures regulating the application and conditions of legal recognition of various types of electronic signatures, highlights the key characteristics of modern regulation: “guarantees of non-discrimination”; the right to choose the type of electronic signature used, as well as information technology and (or) technical means; restriction of this right only by law; legal advantages of qualified electronic signature established by law in comparison with the possibilities of their practical implementation; complicated legal schemes for the use of a simple electronic signature. It is concluded that a successful legal model of trust with the use of an electronic signature is based not on the complication of the signature technology, but on the improvement of legal tools and legal techniques that guarantee an optimal combination of rights, duties and responsibilities of subjects using these technologies
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Seitz, Frank C. "The Evaluation and Understanding of Pain: Clinical and Legal/Forensic Perspectives." Psychological Reports 72, no. 2 (April 1993): 643–57. http://dx.doi.org/10.2466/pr0.1993.72.2.643.
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The evaluation and proper clinical and legal management of pain clients defy simple remedies. Historically, human pain has challenged the most sophisticated of philosophical, theological, and biomedical explanations. Following an historical overview of pain concepts and treatment, this paper discusses the prevalence in and influence of pain on the modern world. One perspective for viewing multifaceted pain issues is a model developed by John Loeser. This four-level model addresses not only tissue damage (Nociception), but also the patient's perception of such damage (Pain), the negative emotional reactions to such perceptions (Suffering), as well as the pain activity stemming from such damage (Pain Behavior)—all issues critical in medical management as well as in personal injury litigation. Several methods for classifying pain are discussed, including acute vs chronic pain, benign vs cancer pain, “real” vs psychogenic pain, and a multiaxial coding schema for pain which encompasses a number of professional disciplines. Clinical pain assessment is then reframed and translated into a legal format more relevant to forensic discovery and case development.
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Prieger, James E., and Jonathan Kulick. "Violence in Illicit Markets: Unintended Consequences and the Search for Paradoxical Effects of Enforcement." B.E. Journal of Economic Analysis & Policy 15, no. 3 (July 1, 2015): 1263–95. http://dx.doi.org/10.1515/bejeap-2014-0184.
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Abstract The textbook competitive model of drug markets predicts that greater law enforcement leads to higher black market prices, but also to the unintended consequences of greater revenue and violence. These predictions are not in accord with the paradoxical outcomes evinced by recent history in some drug markets, where enforcement rose even as prices fell. We show that predictions of the textbook model are not unequivocal, and that when bandwagon effects among scofflaws are introduced, the simple predictions are more likely to be reversed. We next show that even simple models of noncompetitive black markets can elicit paradoxical outcomes. Therefore, we argue that instead of searching for assumptions that lead to paradoxical outcomes, which is the direction the literature has taken, it is better for policy analysis to choose appropriate assumptions for the textbook model. We finish with performing such an analysis for the case of banning menthol cigarettes. Under the most plausible assumptions enforcement will indeed spur violence, although the legal availability of electronic cigarettes may mitigate or reverse this conclusion.
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Mundlak, Guy, and Inbar Borenshtein Lyabock. "Negotiating Compliance When Employment Law Is Ambitious: The Case of the Duty to Employ after Maternity Leave." International Journal of Comparative Labour Law and Industrial Relations 37, Issue 2/3 (June 1, 2021): 183–208. http://dx.doi.org/10.54648/ijcl2021009.
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A simple discussion of compliance suggests that organizations either comply with or disobey the prescript of the legal norm, on the basis of a cost-benefit calculation. The literature on compliance has already demonstrated that this simple model of compliance does not fully capture the gamut of incentives for compliance, or the continuum of behaviours that ranges from defiance to compliance. Drawing on a case study of an Israeli legal norm that requires employers to reinstate workers after postpartum parental leave for sixty days, we seek to further unpack the notion of compliance along two axes. First, the duty to reinstate is ‘ambitious’ because it seeks to affect managerial bias and educate for virtue within organizations. Second, the study of compliance must open the fictitious black box of organizations, and reveal internal negotiations over the extent and form of compliance. Based on a qualitative study, we demonstrate that even a seemingly strict norm is applied and perceived differently, between and within the same organization. Findings identify the strengths as well as the shortcomings of the legal ambition to induce an educational experience in organizations. Labour Law, Compliance, Enforcement, Parental Leave, Organizational Theory
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Riskawati, Shanti. "PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2015 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANA SEBAGAI INSTRUMEN PERWUJUDAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN." Veritas et Justitia 4, no. 1 (June 28, 2018): 131–54. http://dx.doi.org/10.25123/vej.2917.
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There is a need to conduct business transactions rapidly and in a quick perfunctory manner. At the same time arose also the need to develop and implement a quick, simple and cost efficient business dispute settlement procedure. In response to this need, the Indonesian Supreme Court issued regulation no. 2 of 2015 re. procedure for filing simple civil claims. The legal issue to be discussed here, using a juridical normative or dogmatic approach, is whether this regulation succeed in fulfilling its promise to provide for a quick, simple and cost efficient civil claim examination procedure? The answer to this question is sought, in addition to the method mentioned above, by comparing the procedure provided by the Supreme Court regulation with the existing model of civil claim court examination procedure. By virtue of this comparison the strength and weakness of the Supreme Court dispute settlement model can be analyzed.
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Sójka, Tomasz. "A simple joint-stock company: An innovative model of protection for creditors and investors in Poland." Pravovedenie 65, no. 2 (2021): 141–54. http://dx.doi.org/10.21638/spbu25.2021.201.
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The article discusses the most important features of a new type of company in Poland, namely the simple joint-stock company (SJSC) introduced to the Commercial Companies Code by the bill of 19 July 2019. The new company form combines the limited liability of shareholders with a large degree of flexibility, both in terms of shaping mutual relations between shareholders and the company’s management system. There are no significant limitations to the structure of preference shares. Shareholders can choose between different board models. SJSC is characterised, on the one hand, by a lack of excessive formalities associated with its establishment, and on the other, by an agile mechanism to protect the company’s creditors based on a liquidity test. The legal capital concept was abandoned; work and services are permitted as in-kind contributions. Ownership rights in a SJSC are incorporated in dematerialised shares, and the use of them in private trading raises a number of new legal problems. This study focuses, among other things, on the protection of investors purchasing company shares under the provisions of the MIFID II Directive (Markets in Financial Instruments Directive). Considering the sociological foundations of the changes in corporate law taking place in Poland, the author notes that projects based on modern technologies, in particular information technologies, are becoming a prevailing component of the modern economy. The use of these technologies leads to far reaching changes in the structure of individual market segments (market destruction). Current business models are gradually losing relevance and are being replaced by dynamically developing technology companies. An example is the slow decline of traditional linear television and the emergence of enterprises offering so-called “streaming” of selected audiovisual content over the Internet directly to consumers (for example, Netflix), or a reduction in the distribution of music content on CDs for music playback by online integrators (for example, Spotify). However, technology companies have their own far reaching specifics. They are based not only on the latest technological solutions, but also on the visionary entrepreneurship of their founders regarding the potential market applications of these technologies (Bill Gates, Steve Jobs, Jeff Bezos and others). It is safe to say that without the charismatic and visionary personalities of founders, companies like Apple or Amazon would not have appeared as we know them. This is due to the fact that recognizing the potential needs of consumers that can be met with new technological solutions requires creativity that is characteristic of geographical explorers or inventors, and not stereotypical entrepreneurs. Human capital — knowledge and entrepreneurship are beginning to dominate the market economy in the modern world.
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Jones, Craig. "Commercially driven social benefit: a structured approach to Aboriginal engagement." APPEA Journal 50, no. 1 (2010): 319. http://dx.doi.org/10.1071/aj09019.
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Most corporate approaches to engagement with Aboriginal Australians are determined by a tension between two poles: seeking access by minimal legal compliance or a form of enlightened charity known as corporate social responsibility which, in turn, is driven by a tension between the simple concept of charity and seeking a social licence to operate. Obviously companies require both legal access and a social licence to operate. The Santos model of Aboriginal engagement proposes community driven commerciality through a structured process that seeks to manage project risk in terms of cost, delay and legal action. Importantly, Aboriginal engagement at Santos is about development of sustainable relations with Aboriginal communities and to contribute to those communities to, in turn, becoming sustainable. Projects and legal compliance provide an opportunity for Aboriginal people and companies to sit at the table together. The development of the project to the operation phase allows the company and the community to plan for, and achieve sustainability in a mutually beneficial manner.
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Breen, Paul A., and Terese H. Kendrick. "A fisheries management success story: the Gisborne, New Zealand, fishery for red rock lobsters (Jasus edwardsii)." Marine and Freshwater Research 48, no. 8 (1997): 1103. http://dx.doi.org/10.1071/mf97141.
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After individual quotas were imposed in 1990, the fishery for Jasus edwardsii in the Gisborne area showed continuing declines in catch and catch rate to 1993, and the total quota could not be caught in this area. There were few legal-sized but many sublegal-sized lobsters. Pots caused mortality of sublegal lobsters through handling, pot-related Octopus predation, and thefts from commercial pots. The industry, in conjunction with recreational fishers and Maori, developed a scheme to address these problems. The aim was to increase landed value to compensate for quota reductions, and to do this by landing more lobsters in winter (when prices were higher) and landing smaller lobsters (which had a higher unit price). A shortened season was designed to reduce pot-related mortality. Part of the scheme—a proposal to reduce the minimum legal size of male lobsters—caused controversy. However, the package was evaluated with a simple model and then accepted by the Minister of Fisheries. Results were substantially increased catch rates since 1993, a successful shift to a winter fishery, and a shift in length frequencies toward larger sizes. A simple size-structured model fitted to the fishery data and used to evaluate future management options is also described.
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Guyani, Gugun. "AGRARIAN ADVOCATION SYSTEM (MODEL UPAYA RESOLUSI KONFLIK AGRARIA PADA MASYARAKAT DI DESA WARU BARAT)." JURNAL SETIA PANCASILA 1, no. 2 (February 10, 2021): 34–45. http://dx.doi.org/10.36379/jsp.v1i2.136.
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Land conflicts have always been an arena for classical discourse and have always been attractive, especially in the midst of the weak awareness and structure of the State and society which are still low and not well managed. The community's ignorance of the procedures for land registration services actually triggers the potential for increased land conflicts or disputes among the people involved in the conflict. The purpose of this research is to find out 1) what is the role of the village head in ensuring legal certainty over land ownership rights in the community in West Waru village, 2) what is the form of community participation in ensuring legal certainty over the land of residents in West Waru Village, 3) -factors influencing community participation to guarantee and protect legal rights for land voters.
This descriptive research is expected to produce descriptive data in the form of written words, oral people or even certain behaviors and symptoms through observation techniques, in-depth interviews, and documentation. Meanwhile, to test the validity of the data the researcher used the source triangulation technique by comparing the data from the interview results with the contents of the document.
The results of this study show that first, the roles of the village head can be carried out through a) The role of legislation, namely the preparation of various statutory instruments for legal certainty. b) The role of administrative services, especially those concerning the aspect of land registration, so that it can be implemented with simple procedures and low cost. Second, the success of implementing village community autonomy cannot be separated from the active participation of community members both from the policy formulation and policy application stages. Among the factors that affect the level of community participation in the village of West Waru are internal factors and external factors, internal factors include 1) Consciousness or Willingness, 2) Educational Factors, 3) Income or Income Factors. External factors which include 1) Government Leadership, 2) Equipment / Facilities
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Dinar, I. Gusti Agung Ayu Gita Pritayanti, and I. Nyoman Putu Budiartha. "A Comprehensive Force Majeure Model Clause in Corporate Transactions in Indonesia." Sociological Jurisprudence Journal 3, no. 2 (August 7, 2020): 138–44. http://dx.doi.org/10.22225/scj.3.2.1901.138-144.
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Force majeure clause is presented in various models, from the simple to the complex ones that contain comprehensive descriptions, provisions, and notifications set out in an agreement with the details of the consequences of force majeure events. Force majeure clause serves as a complementary core clause and a renegotiating tool for the parties in the case of any event occurring beyond their reasonable control, which is important enough not to be overlooked by business actors. The Covid-19 pandemic which is currently ongoing worldwide, which has been declared as a global pandemic by World Health Organization (WHO) on 11 March 2020, has had a huge impact on the social life and the world economy which is very unsettling for business people, banks, and the society in general. The research questions investigated in this study are: (i) What are the factors causing failures in the performance of contractual obligations? (ii) What is a comprehensive force majeure model clause for corporate transactions in Indonesia? This study employs the normative legal research method. A normative legal research is guided by the characteristics of the object of the research, yet remains limited by the expected outcome of the norms initially established. The theories applied in investigating the problems in this research are the will theory (wilstheorie), trust theory (vertrouwensttheorie), and statement theory (verklaringstheori). In this study, will be identified a comprehensive force majeure clause enables the party who experiences a force majeure event to waive some provisions in the contract agreement.
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Paulsson, Jan. "ARBITRATION IN THREE DIMENSIONS." International and Comparative Law Quarterly 60, no. 2 (April 2011): 291–323. http://dx.doi.org/10.1017/s0020589311000054.
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AbstractThe law applicable to arbitration is not the law applicable in arbitration. The latter determines arbitrators' decisions. The former refers to the source of their authority: the legal order that governs arbitration. According to the territorialist thesis, an arbitration can have no foundation other than that of the legal order of the particular State in which the arbitration takes place. This outdated conception is disproved by the simple factual observation that a plurality of legal orders may give effect to arbitration. Some French scholars promote the notion of an autonomous arbitral order. Inasmuch as they ultimately seek to establish this order by positing its recognition by the very State orders from which they claim autonomy, their idea is circular and in effect no more than a dressed-up variant of ordinary horizontal pluralism. But the model of horizontal pluralism fails to account for important orderings of arbitral activity. Arbitration in modern society is accurately perceived as a complex, three-dimensional form of pluralism, in which legal orders (i) are not exclusively those of States and (ii) frequently overlap.
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Chomitz, Kenneth M., Timothy S. Thomas, and Antônio Salazar P. Brandão. "The economic and environmental impact of trade in forest reserve obligations: a simulation analysis of options for dealing with habitat heterogeneity." Revista de Economia e Sociologia Rural 43, no. 4 (December 2005): 657–82. http://dx.doi.org/10.1590/s0103-20032005000400003.
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A tradeable development rights (TDR) program focusing on biodiversity conservation faces a crucial problem: defining which areas of habitat should be considered equivalent. Restricting the trading scope to a narrow area could boost the range of biodiversity conserved but could increase the opportunity cost of conservation. The issue is relevant to Brazil, where TDR-like policies are emerging. Long-standing laws require each rural property to maintain a legal forest reserve (reserva legal) of at least 20%, but emerging policies allow some tradeability of this obligation. This paper uses a simple, spatially explicit model to simulate a hypothetical state-level program. We find that wider trading scopes drastically reduce landholder costs of complying with this regulation and result in environmentally preferable landscapes.
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Sugarman, Stephen D. "Influencing the Preferences of Children through Legal Impacts on Parenting Style." Theoretical Inquiries in Law 22, no. 2 (July 1, 2021): 329–43. http://dx.doi.org/10.1515/til-2021-0025.
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Abstract The overriding theme of the conference honoring Bob Cooter and his work is the question whether law and policy can change people’s preferences. The conventional “law and economics” answer is “no.” People have preferences that are fixed. What changes in law and policy do is to change how people behave by altering the costs and benefits people face in pursuit of their preferences. Put simply, the assumption of the “law and economics” model is that people respond to financial incentives by changing how they act, not what they want. So, to take a simple example, imagine two people at the same starting point, both wanting to drive separately to visit a mutual friend. Their preference to get there promptly and safely is common to both of them, but how they act in pursuit of that goal may well differ. Moreover, government can alter how they drive to their friend’s by making changes such as putting in a freeway, or adding a new lane to the road, or installing lots of new traffic signals or stop signs along one route. The two people may have driven different routes previously, and they may alter their driving strategy in response to the policy changes government has adopted and may still decide that different routes are better for them. But they do not change their desire to see their friend in a prompt and safe manner. In this Article I offer a counterexample — an instance in which changes in law and policy can not only alter the behavior of some with fixed preferences, but also can impact the preferences of others. My example is about changes in society that can alter parenting style (of those parents with a fixed preference to have their children succeed) and can also change the underlying preferences that those children have as to how their lives should play out.
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Toshniwal, Shubham, Sam Wiseman, Karen Livescu, and Kevin Gimpel. "Chess as a Testbed for Language Model State Tracking." Proceedings of the AAAI Conference on Artificial Intelligence 36, no. 10 (June 28, 2022): 11385–93. http://dx.doi.org/10.1609/aaai.v36i10.21390.
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Transformer language models have made tremendous strides in natural language understanding tasks. However, the complexity of natural language makes it challenging to ascertain how accurately these models are tracking the world state underlying the text. Motivated by this issue, we consider the task of language modeling for the game of chess. Unlike natural language, chess notations describe a simple, constrained, and deterministic domain. Moreover, we observe that the appropriate choice of chess notation allows for directly probing the world state, without requiring any additional probing-related machinery. We find that: (a) With enough training data, transformer language models can learn to track pieces and predict legal moves with high accuracy when trained solely on move sequences. (b) For small training sets providing access to board state information during training can yield significant improvements. (c) The success of transformer language models is dependent on access to the entire game history i.e. “full attention”. Approximating this full attention results in a significant performance drop. We propose this testbed as a benchmark for future work on the development and analysis of transformer language models.
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Bukarica, Miodrag. "Odgovornost pravnih lica za sva ili samo za određena krivična djela? / Responsibility of Legal Entities for all or for Certain Criminal Acts?" Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (July 11, 2016): 246. http://dx.doi.org/10.7251/gfp1606246b.
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Court practice and illustrative examples of the legislator’s negligence in passing the appropriate laws and bylaws provisions point that, in Bosnia and Herzegovina, the most acceptable would be separation of the criminal acts of legal entities, according to the legislative model of the Republic of Macedonia. Namely, the Republic of Macedonia has not passed a special law on criminal responsibility of legal entities, since the provisions on criminal responsibility (lex specialis) are included as a special chapter of the criminal law and are applied primarily, while the general provisions of the criminal law are applied only in cases not stipulated by the special provisions. Thus in the Special Part of the Criminal Code, along with the legal description, within certain criminal acts it is emphasized that a legal entity may be held responsible for the particular criminal act. Given that, in Bosnia and Herzegovina it would also be possible to determine (separate) criminal acts of a legal entity. The advantage of such solution lies in the fact that it is very simple in the technical sense since, on the occasion of passing amendments and alterations of the special part of the criminal law, no additional interventions shall be required in the criminal law or in the substantial legislation.
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Fidiyani, Rini, and Erni Wulandari. "Dialogue Model For Resolving Freedom of Religion Conflict." SHS Web of Conferences 54 (2018): 04006. http://dx.doi.org/10.1051/shsconf/20185404006.
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Indonesian People, a multicultural citizen with Bhinneka Tunggal Ika as their motto. According to the constitution, the country guaranteed freedom of religion. As data found, the actor of violating freedom of religion is state individuals and the group of people. The state has provided state law instrument along with formal institution as the facilitator for resolving the freedom of religion conflict namely Religious Harmony Forum. In 2015, SETARA Institute recorded 196 religious freedom violation incidents with 236 form of action spread all around Indonesia.The mapping of religious freedom conflict covering the establishment of worship place, worship activity, and worship place management. The aim of this paper is to evaluating and founding appropriate dialogue model that suitable to the context and conflict need befell religious people or flow of beliefs. This research use qualitative method and socio legal approach that emphasize on empiric law antropologically. In the practice of the religious freedom, the dialogue model needs a certain and appropriate model that suitable for parties in conflict, conflict cause, and conflict location. During the time of religious freedom, conflict need a drag on thought energy and time. Therefore, dialogue model for overcoming freedom of religion conflict is not simple.
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Buja, Andreas, Dianne Cook, Heike Hofmann, Michael Lawrence, Eun-Kyung Lee, Deborah F. Swayne, and Hadley Wickham. "Statistical inference for exploratory data analysis and model diagnostics." Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 367, no. 1906 (November 13, 2009): 4361–83. http://dx.doi.org/10.1098/rsta.2009.0120.
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We propose to furnish visual statistical methods with an inferential framework and protocol, modelled on confirmatory statistical testing. In this framework, plots take on the role of test statistics, and human cognition the role of statistical tests. Statistical significance of ‘discoveries’ is measured by having the human viewer compare the plot of the real dataset with collections of plots of simulated datasets. A simple but rigorous protocol that provides inferential validity is modelled after the ‘lineup’ popular from criminal legal procedures. Another protocol modelled after the ‘Rorschach’ inkblot test, well known from (pop-)psychology, will help analysts acclimatize to random variability before being exposed to the plot of the real data. The proposed protocols will be useful for exploratory data analysis, with reference datasets simulated by using a null assumption that structure is absent. The framework is also useful for model diagnostics in which case reference datasets are simulated from the model in question. This latter point follows up on previous proposals. Adopting the protocols will mean an adjustment in working procedures for data analysts, adding more rigour, and teachers might find that incorporating these protocols into the curriculum improves their students’ statistical thinking.
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Goldberg, Ann. "Hate Speech and Identity Politics in Germany, 1848–1914." Central European History 48, no. 4 (December 2015): 480–97. http://dx.doi.org/10.1017/s0008938915000886.
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AbstractA dramatic paradigm shift has occurred in European and German hate-speech laws, from their nineteenth-century origins in repressive campaigns against the Left to their present association with pluralism, tolerance, and minority rights. This article rethinks the timing and causes of that shift, arguing that, contrary to the prevailing scholarship, the decade of the 1890s—not 1945—constituted the first key turning point toward a human-rights model of hate-speech law. Departing from a more traditional legal historiography focused on formal legal institutions and laws, the article examines law “from below” as social and political practice. The results show how, in the 1890s, a new vision of hate speech began to take shape when a grassroots Jewish defense movement began to appropriate and reshape the law in order to oppose antisemites. In theoretical terms, the article's method of examining the interaction of law and politics shows that from the 1840s onward, the politics surrounding hate-speech law refutes simple binary constructions that cast German legal culture as “dignitarian” and distinct from U.S. “libertarianism.”
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Grande, Elisabetta. "Alternative dispute resolution, Africa, and the structure of law and power: the Horn in context." Journal of African Law 43, no. 1 (1999): 63–70. http://dx.doi.org/10.1017/s002185530000872x.
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Data collected by comparative legal scholars show that legal transplants usually take place from more complex societies to less complex ones. By contrast, the alternative dispute resolution (ADR) movement that has recently developed in modern societies has been described as a return to a simple model of dispute settlement used in the past and in modern non-Western societies. Does this mean that we are experiencing a new kind of legal transplant, a transplant from less complex to more complex societies? In this article I will argue that this is not the case. Far from being a transplant from the southern to the northern hemisphere, ADR seems indeed to be a modern legal institution born from the retreat of the state from some of its traditional functions. A different question thus needs exploring: is ADR, at least, an institution that can easily be transplanted to Africa where the original transplant of the Western state has failed? In other words, is conciliatory ADR more similar to the African way of dealing with conflicts and consequently to be recommended as the dispute resolution mechanism for modern African states? The question appears to be appropriate in situations such as the one in the Horn of Africa—particularly Eritrea—where the new political leadership is confronting the difficult task of building a new legal system.
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Zadorina, Mariia Andreevna. "Municipalities and their types in light of the constitutional reform of the fundamentals of territorial organization of the local self-government." Юридические исследования, no. 10 (October 2021): 87–101. http://dx.doi.org/10.25136/2409-7136.2021.10.36475.
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This article is dedicated to the classification of municipalities and clarification of the term “municipality” in the current legislation of the Russian Federation on the local self-government. Special attention is given to the problems and trends of territorial organization of local self-government at the present stage of the constitutional-legal development of the Russian Federation. The subject of this research is the constitutional norms and other normative legal acts that regulate the issues of organization of local self-government in the Russian Federation and its constituent entities, as well as legal provisions of the Constitutional Court of the Russian Federation and scientific publications on the topic. The methodological framework is comprised of the logical, comparative, statistical, specific-sociological, and special-legal (formal-legal, technical-legal, interpretation) methods of cognition. It is established that the territorial organization of local self-government in specific municipalities and regions does not always fully correspond with the federal legislation. The author suggests distinguishing between the municipalities of urban, rural, and mixed types, unitary multitarian, simple and complex, universal and special. The recommendations are formulated for the improvement of legislation in terms of terminological apparatus of the local self-government and legal consolidation of types of municipalities. The conclusion is made that the constitutional reform of the local self-government is a consequence of the current trend of shifting away from the settlement principle of territorial organization of local self-government, as well as from the two-level model of territorial organization of the local self-government.
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Nokes, L. D. M., B. Hicks, and B. Knight. "The Use of Trachea Temperature as a Means of Determining the Post-Mortem Period." Medicine, Science and the Law 26, no. 3 (July 1986): 199–202. http://dx.doi.org/10.1177/002580248602600305.
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Presented in this paper are the initial results involving the use of trachea temperatures as a means of determining the post-mortem period. A simple mathematical model is developed based on the cooling curves of five corpses. Errors between actual and calculated post-mortem periods may be due to an initial temperature plateau or lack of knowledge of body temperature at time of death.
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Lee, Sungnam. "The Fintech Revolution and the Future of the Insurance Business: A Study on Artificial Intelligence utilization risks and legal issues." Korean Insurance Law Association 16, no. 3 (October 31, 2022): 91–138. http://dx.doi.org/10.36248/kdps.2022.16.3.091.
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In this study, the future of the insurance industry and legal tasks related to digitalization and artificial intelligence were examined. What is artificial intelligence technology? Among them, we reviewed what the insurance industry can do and what it is doing, and looked at legal issues and what to change in the future. First of all, the development status of digitalization and artificial intelligence was investigated, and the impact on the insurance industry and the opportunities and risks brought by digitalization and artificial intelligence were examined. Second, if digitalization and the development of artificial intelligence replace existing human tasks, it should be considered whether to treat such artificial intelligence robots or tools as simple tools or give legal effects by giving similar status to humans. Third, the emergence of digitalization and artificial intelligence is expected to have an impact on various areas of insurance work, especially focusing on insurance recruitment work, and legal discussions related to it were attempted. The introduction of digitalization and artificial intelligence is expected to have an impact on the overall financial transaction or insurance transaction. The emergence of new technologies implies new opportunities and risks at the same time. It will also lead to changes in the existing socio-economic and cultural institutions. Legal significance in changes in the insurance environment is related to which process digitalization and artificial intelligence play a role in which of the conventional insurance tasks, and that is the problem caused. It is necessary to guarantee the right to access various channels centered on consumers by drastic deregulation to promote digitalization. Accordingly, insurance companies need to develop a model that allows consumers to actively select suitable, convenient means, and methods for themselves at each stage of insurance subscription. With the rise of the platform as a new business model, it will affect product counseling and recommendation, product description, subscription receipt, notification receipt, premium receipt, and insurance policy issuance, so in-depth discussions are needed on whether to accept the platform as a new recruitment channel or as a simple information provider or advisory business. In seeking legal changes through the introduction of digitalization and artificial intelligence, whether or not to grant a legal personality to tools or platforms equipped with artificial intelligence, which is the starting point of the most basic discussion, needs to be carefully introduced in consideration of future technological developments and social needs. As a legal discussion due to the advent of digitalization and artificial intelligence, the legal effects of AI intervention and operation were examined. At each transaction stage, various notifications and explanations that insurance recruiters must perform before signing insurance contracts, automation of subscription receipt and approval, and legal improvement should be promoted. Meanwhile, with the development of artificial intelligence technology, unmanned transportation such as robot dogs, robot disabled assistants, drones, trucks, aircraft, ships, etc., virtual assets, digital currency, metaverse, and NFT (non-fungible token) will be developed and utilized. It is necessary to solve the legal problems that these various artificial intelligence tools can create and guarantee measures through the development of new insurance products. Dr Stephen Hawking said, “The advent of powerful artificial intelligence will be the best or the worst. What could happen to mankind. We don’t know which one.” However, the reality is that artificial intelligence technology has been developed and used for each task. With history evolving in time, society is causing significant changes.
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Johnson, Sophia R. C. "Kingship and Covenant: Reconsidering the Oath of David and Jonathan." Journal of Biblical Literature 141, no. 4 (December 15, 2022): 635–51. http://dx.doi.org/10.15699/jbl.1414.2022.3.
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Abstract Frank Moore Cross’s model of covenant as an early legal means of extending fictive kinship has dominated Anglo-American biblical scholarship for the last thirty years. His central case study is the covenant between David and Jonathan and the associated oath sworn by Jonathan in 1 Sam 20. In trying to distill a simple covenant concept, however, Cross collapses distinctions of genre and context, reducing the significance of secular covenant as a form of political bond to simply merging kinship groups. In this article, I reanalyze the oath in 1 Sam 20:12–17, contextualizing it with other material throughout 1 and 2 Samuel and comparing it to ancient Near Eastern treaty formulations to show its political significance in Israelite history. In contrast to Cross’s notion of imposing kinship obligations, the oath addresses questions of succession and dynasty, anticipating the political turmoil of David’s ascension to the throne. Deuteronomistic language and concern with Davidic succession shared between the oath and the divine promise in 2 Sam 7 point to a common vision of a united kingship. Far from the reiteration of a simple kinship bond, Jonathan’s oath of loyalty to their covenant becomes a keystone in the Deuteronomistic ideal of an eternal Davidic dynasty.
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Kuznetsov, Andrey, Nikolai Zakharov, and Marina Perfiljeva. "Scientific organization of innovative labour." SHS Web of Conferences 116 (2021): 00037. http://dx.doi.org/10.1051/shsconf/202111600037.
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The industrial revolutions that have passed so far have been an alternation of “machine revolutions” and “labor organization revolutions”. The third industrial revolution, which created the modern digital communication world, became a prerequisite for the formation of a new organization of work. This new organization is, first of all, the organization of labor of workers involved in the development of a new product, or the organization of innovative labor of workers. The study of the types of innovative labor shows that at least three models need serious improvement, which the authors have assigned the following names: “design” model, “competitive” and “creative”. The scientific organization of innovative labor involves identifying for each model: necessary and sufficient working conditions, including everyday and professional comfort; determination of conditions for the formation of motivational guidelines adequate to their activities among members of collectives engaged in innovative work; developing a clear incentive program based on legal and simple principles of rewarding and punishment.
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O'Keefe, Phil, and Geoff O'Brien. "Why Some Fields Might be Rectangular: An Exploration of Agricultural Landscapes between Pre-Capitalist and Capitalist Modes of Production." Human Geography 6, no. 3 (November 2013): 25–29. http://dx.doi.org/10.1177/194277861300600303.
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This article is a preliminary investigation of possible spatial form which starts by rejecting the idea that spatial theory can be built from assumptions of isomorphism. It examines spatial form in high potential ridge valley areas which are densely populated, and identifies the transition in land configuration for pre-capitalist to capitalist modes of production. In building the argument simple geometric patterns that differentiate from the model are postulated. The basic drivers of the differing spatial systems are essentially the superstructural legal conditions which are postulated as a moving from communal, customary law to individual statutory property rights.
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KECK, ALEXANDER, BRUCE MALASHEVICH, and IAN GRAY. "A ‘probabilistic’ approach to the use of econometric models in sunset reviews." World Trade Review 6, no. 3 (October 31, 2007): 371–96. http://dx.doi.org/10.1017/s1474745607003436.
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AbstractEconomists have increasingly become involved in trade remedy and litigation matters that call for economic interpretation or quantification. The literature on the use of econometric methods in response to legal requirements of trade policy is rather limited. This article contributes to filling this gap by demonstrating the efficacy of using a simple ‘probabilistic’ model in analyzing the ‘likelihood’ of injury to the local industry concerned, following a finding of continuation or recurrence of dumping (or countervailable subsidies). The legal concept of ‘likelihood’ is not only particularly well-suited to illustrate the systemic need for trade lawyers and economists to cooperate. It is also of imminent practical relevance with a groundswell of ‘sunset’ reviews looming on the horizon. We discuss the significance of economic analysis for trade remedy investigations by reviewing the literature, the applicable WTO rules, and, in particular, the pertinent case law. The potential value of probabilistic simulations for ‘likelihood’ determinations is exemplified using a real-world application. Using data from past United States International Trade Commission investigations, we find that a probabilistic model that takes account of the uncertainty surrounding economic parameters reduces the risk of misjudging the effect on the domestic industry of a termination of trade remedies.
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Heldeweg, Michiel A., and Ramses A. Wessel. "The Appropriate Level of Enforcement in Multilevel Regulation Mapping Issues in Avoidance of Regulatory Overstretch." International Law Research 5, no. 1 (February 23, 2016): 16. http://dx.doi.org/10.5539/ilr.v5n1p16.
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In modern day ‘multilevel’ regulation, legal enforcement of transnational standards usually takes place at another level than where the norm was created in the first place. The quest for smart regulation begs the question which level is most appropriate to proper legal enactment and enforcement. Not only as a matter of location (e.g. inter- or supranational, or domestic), but also concerning the level of strength (i.e. intensity of prescription and/or coercion). How can ‘regulatory overstretch’ be avoided – given smart regulatory principles of subsidiarity and responsiveness? A general description is provided of regulatory enforcement, from a regulatory and an enforcement perspective, followed by a discussion of appropriateness of enforcement from the dimensions of location-level and of strength-level. Finally, a simple model is presented for a ‘remediableness analysis’ of appropriate matching of strength and location level scenarios of enforcement – as guidance for enactment and enforcement of transnational standards without regulatory overstretch.
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Halpin, Andrew. "Law, Autonomy, and Reason." Canadian Journal of Law & Jurisprudence 13, no. 1 (January 2000): 75–102. http://dx.doi.org/10.1017/s0841820900002319.
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Joseph Raz’s recent discussion of law’s autonomy and public practical reasons, in response to an essay by Gerald Postema, provides further illumination of Raz’s own view of the nature of law; it forcefully challenges Postema’s purported identification of the defining task of law; and it clarifies the relationships between a number of strands, or theses, that enter the debate over an appropriate theoretical model for law. It is not necessary to locate this discussion within the more general setting of the conflict between Natural Law and Positivism—nor is it in any case clear that that sharp contrast is sustainable. Within the traditionally accentuated divide between Natural Law and Positivism, to talk of the autonomy of law would be taken as a simple positivist proclamation against the subjugation of law to moral standards. What emerges from Raz’s article is a subtle interplay between different characteristics and expressions of the law, which is capable of entertaining moral influence and social objective whilst retaining clear theses that seek to capture the distinctively legal nature of the phenomenon under investigation.In Raz’s recent article, the distinctive nature of law is still linked to an idea of autonomy expounded in terms of the sources thesis and the pre-emption thesis. The former identifies legal materials with legal sources free from the constraints of a further evaluative check, and the latter provides legal reasons to act for those subject to the law free from the consideration of further extra-legal factors. The greater sophistication of this concept of autonomy rests on the allowance Raz gives to the impact of moral factors and issues of social cooperation on legal reasoning, and his acknowledgment that legal reasoning itself is not autonomous.
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Wilson, Patricia A. "Recreating the Law School to Increase Minority Participation: The Conceptual Law School." Texas Wesleyan Law Review 16, no. 4 (July 2010): 577–95. http://dx.doi.org/10.37419/twlr.v16.i4.4.
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That is the situation. Nonetheless, the purpose of this Article is not to criticize the current law school model. It is a model that has, in many respects, served society well, having produced thousands of competent lawyers over the years since it became the dominant model. It is the model that has produced all of the minority lawyers that are currently members of the profession. Moreover, to their credit, faculty and administration at many law schools are very motivated to improve the situation but are constrained in their efforts by the law and other factors. This Article is not meant to be unduly critical of the current law school model. In addition, this is not meant to be yet another article arguing that law schools need to increase skills training. Rather, the simple question put forth is whether a different model for legal education might serve as an alternative to the traditional law school model and, in conjunction with the efforts of the traditional law schools, aid in increasing the numbers of minorities licensed to practice law.
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Zeyen, Gaëtan. "Taxation of Outer Space Income Resulting from Air Transport or Employment Activities: Is the OECD Model Convention an Appropriate Tool?" Intertax 49, Issue 4 (April 1, 2021): 333–42. http://dx.doi.org/10.54648/taxi2021031.
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Space related activities (resulting for example from space tourism or exploration and exploitation of outer space resources) will likely generate in near future increasing revenue. Currently, the issues of the ‘taxability’ or taxation of such revenue in an international context have not been questioned or examined. It is rather assumed that the current version of the OECD Model Convention constitutes a proper legal tool to apprehend and resolve space related tax issues. The OECD Model Convention, however, relies on some fundamental principles, such as the concepts of residence (requiring a physical presence) or state’ sovereignty, which seem prima facie not very well adapted to resolve space related tax issues. The purpose of the present contribution is therefore to check and verify this simple assumption, at the light of two specific issues: international transport issues and international employment issues. International taxation, OECD Model Convention, taxation of outer space income, (income from) air transport activities, Art.8 OECD Model Convention, (income from) employment activities.
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FAVIER, PHILOMÈNE, NICOLAS ECKERT, THIERRY FAUG, DAVID BERTRAND, and MOHAMED NAAIM. "Avalanche risk evaluation and protective dam optimal design using extreme value statistics." Journal of Glaciology 62, no. 234 (May 19, 2016): 725–49. http://dx.doi.org/10.1017/jog.2016.64.
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ABSTRACTIn snow avalanche long-term forecasting, existing risk-based methods remain difficult to use in a real engineering context. In this work, we expand a quasi analytical decisional model to obtain simple formulae to quantify risk and to perform the optimal design of an avalanche dam in a quick and efficient way. Specifically, the exponential runout model is replaced by the Generalized Pareto distribution (GPD), which has theoretical justifications that promote its use for modelling the different possible runout tail behaviours. Regarding the defence structure/flow interaction, a simple law based on kinetic energy dissipation is compared with a law based on the volume stored upstream of the dam, whose flexibility allows us to cope with various types of snow. We show how a detailed sensitivity study can be conducted, leading to intervals and bounds for risk estimates and optimal design values. Application to a typical case study from the French Alps, highlights potential operational difficulties and how they can be tackled. For instance, the highest sensitivity to the runout tail type and interaction law is found at abscissas of legal importance for hazard zoning (return periods of 10–1000 a), a crucial result for practical purposes.
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Agarwal, Akhilesh C., and Moe S. Cheung. "Development of loading-truck model and live-load factor for the Canadian Standards Association CSA-S6 code." Canadian Journal of Civil Engineering 14, no. 1 (February 1, 1987): 58–67. http://dx.doi.org/10.1139/l87-008.
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Studies have shown that the MS-200 loading model in the Canadian Standards Association standard CAN3-S6-M78 for design of highway bridges no longer represents modern-day heavy trucks in Canada. For the new edition of the CSA-S6 code, based on the limit states philosophy, a new loading-truck model was developed based on the Council of Ministers' loading, which is the legal load limit for interprovincial transportation in Canada. The loading model, designated as the "CS-W loading truck," provides the flexibility to adopt a multiple-level loading system appropriate to various jurisdictions.The live-load factor was determined from a statistical approach using data from a truck survey conducted across Canada in seven provinces. Responses in simple-span bridges were determined by running one or more trucks from the survey across the bridge. Based on this study, a live-load factor of 1.60 was determined and CS-600, with a gross weight of 600 kN, was selected as the standard load level. As well, the validity of the truck model and the live-load factors were checked for continuous-span bridges. Key words: highway bridges, design loads, codes and standards, live-load models, load factors, load surveys, vehicle weight regulations.