Hasil untuk "Public law"

Karen R. Humes, Nicholas Jones, R. R. Ramirez

G. Duranton, M. Turner

آیدین ابوطالبی, کامبیز پیکارجو, ابراهیم رضایی et al.

رمزارزها، به‌ویژه بیت‌کوین، به‌عنوان دارایی‌های دیجیتال مبتنی بر فناوری بلاکچین، به دلیل ویژگی‌هایی همچون غیرمتمرکز بودن، شفافیت تراکنش‌ها و سرعت انتقال، توجه روزافزون سرمایه‌گذاران و پژوهشگران مالی را به خود جلب کرده‌اند. با این حال، این بازار ذاتاً با نوسانات شدید همراه است و تحت‌تأثیر عوامل اقتصادی، سیاسی و فناوری قرار دارد. این موضوع در شرایط بحران اقتصادی ایران، ناشی از تحریم‌های بین‌المللی، نوسانات نرخ ارز و تورم بالا، اهمیت توسعه مدل‌های پیش‌بینی دقیق‌تر را دوچندان می‌سازد. هدف این پژوهش امکان سنجی و ارزیابی عملکرد الگوریتم‌های فراابتکاری در بهینه‌سازی شبکه‌های عصبی مصنوعی جهت پیش‌بینی روند قیمتی بیت‌کوین است. در این راستا، الگوریتم ترکیبی شاهین آتشین- ساخت اهرام جیزه (FHO–GPC) با الگوریتم بهینه‌ساز گاومیش مشکی (MO) مورد استفاده قرار گرفت و داده ها به دو بخش آموزش (۸۰ ) و آزمون (۲۰ ) تقسیم شدند. پارامترهای شبکه عصبی پرسپترون چندلایه (MLP) توسط این الگوریتم‌ها بهینه‌سازی شدند؛ به‌گونه‌ای که FHO جستجوی سراسری را انجام داده و GPC بهینه‌سازی موضعی را بر عهده داشت. یافته‌ها نشان داد که الگوریتم MO با کاهش معنادار شاخص‌های خطا (RMSE) و (MAE) و افزایش ضریب تعیین (R²)، عملکرد دقیق‌تری نسبت به مدل ترکیبی ارائه کرده است. این برتری به‌ویژه در شرایط پرنوسان و بحرانی اقتصاد ایران برجسته‌تر بود. نتایج این پژوهش بیانگر آن است که الگوریتم MO می‌تواند به‌عنوان رویکردی کارآمد برای بهبود دقت پیش‌بینی و کاهش ریسک سرمایه‌گذاری در بازارهای مالی نوظهور و پرریسک مورد استفاده قرار گیرد.

Alexis Buixan

Réfléchir à l’émergence du concept de « culture de constitution » dans le débat académique pose la question de l’intériorisation par les acteurs politiques et juridiques des formes constitutionnelles dans leurs pratiques politiques. Inscrit dans une démarche comparatiste, ce phénomène permet de mettre en évidence des trajectoires nationales singulières, déterminées par l’histoire, les mœurs, les contextes sociaux et les règles de droit. Ce concept devient ainsi un étalon pour éprouver la légitimité et l’adhésion ressenties à l’égard de la Constitution. Une telle méthode juridico-culturelle nous informe plus largement sur la fonction réflexive du droit constitutionnel comparé : « connaître l’autre pour mieux se connaître soi-même ».

Dorota Glaza-Jankowska

In the era of the Fourth Industrial Revolution, quantum technology    is entering the scene with the promise of radically changing the technological paradigm. Quantum computing, simulation, quantum communications and the combination of this technology with artificial intelligence are opening up new horizons of innovation that could revolutionize various industries. Along with its enormous potential, this technology brings legal, ethical and social challenges that require detailed analysis and an interdisciplinary approach. The industrial deployment of quantum technology entails dilemmas regarding human rights, cyber security and national security, as well as the risk of exacerbating inequality, technological exclusion and algorithmic discrimination. With regard to artificial intelligence enhanced  by  quantum  computing  technology,  we  can  speak  of a completely new facet of the problem of the opacity of algorithms, which is determined not only by the cognitive limitations of the human mind, but stems from the indefinability of the world described by the laws of quantum mechanics. In light of the above, the thesis can be advanced that the classical approach to the principle of transparency and the postulates of creating algorithms that will clearly present the path to the final result, which are part of the broad current   of creating ethical and explainable artificial intelligence, may prove difficult to realize in relation to Quantum AI. In the era of the Fourth Industrial Revolution, we are therefore faced with the challenge of implementing new instruments for testing, certifying and inspecting algorithms, such as tools for analyzing and visualizing the results of quantum algorithms, which will be suited to the specifics of Quantum AI and ensure the ethical correctness of the systems. This article will identify selected areas of application of quantum technology, and thus the potential benefits and risks of quantum technology, and also analyze the need to develop ethical and legal standards that allow for the sustainable and socially responsible development of these disruptive technologies.

Xi Liu, Zhixia Chen, Mei Sun

Faculty’s voice behavior is crucial in promoting institutional reform and sustainable development in higher education institutions. However, there is still significant room for exploration regarding how to effectively stimulate such behavior among faculty. This study, based on data collected from 630 Chinese university faculty, investigates the conditions under which mission valence can promote voice behavior in higher education settings. The study involved constructing a moderated mediation model, with thriving at work as the mediator and servant leadership as the moderator, to explore the relationship between mission valence and faculty’s voice behavior. The results reveal that mission valence has a significant positive impact on faculty’s voice behavior in higher education and indirectly promotes such behavior through the mediating role of thriving at work. Furthermore, it was found that servant leadership plays a significant moderating role in the relationship between thriving at work and faculty’s voice behavior, enhancing the overall mediation mechanism. This study extends our understanding of the relationship between mission valence and faculty’s voice behavior in the context of Chinese higher education and provides practical insights into strategies for promoting faculty’s voice behavior.

Samusevich A.G.

Introduction: the article is devoted to theoretical aspects of the implementation of personal responsibility of the Chairman of the Government of the Russian Federation to the President of the Russian Federation. The author analyzes Article 113 of the Constitution of the Russian Federation, as well as norms of the Federal Constitutional Law “On the Government of the Russian Federation” regulating personal responsibility of the Chairman of the Government of the Russian Federation in case of improper execution of his powers. It is noted that personal responsibility arises in the process of carrying out certain activities, within the framework of which a respectful and positive attitude of the subject to this activity is formed in order to achieve a positive result. Purpose: to give a theoretical and legal characterization of personal responsibility, as well as consider problematic issues of its implementation. The authors formulate the following research tasks characterizing the logical chain of reflections on personal responsibility and punishment of the Chairman of the Government of the Russian Federation: to consider general issues of personal responsibility of the Government of the Russian Federation; analyze key elements of personal responsibility; characterize the basics for implementing Article 113 of the Constitution of the Russian Federation and identify certain aspects. Methods: the methodology is determined by the specifics of the legal regulation of personal responsibility implementation. The article uses a complex of general scientific (dialectical, analysis and synthesis, system-structural approach) and special cognition methods. The formal legal method helps analyze provisions of legal acts regulating the process of implementing personal responsibility. Results: Personal responsibility can be realized both in positive and negative aspects. At the same time, there are 2 types: constitutional and legal, and disciplinary responsibility. The author models the process of implementing personal responsibility on the example of bringing the Chairman of the Government of the Russian Federation to legal liability. Conclusion: based on the conducted research, it is concluded that there are many unresolved problems of an applied nature in the field under consideration, which do not allow us to talk about effectiveness of personal responsibility. The legislative consolidation of this type of responsibility does not clarify the process of its implementation. It is necessary to actively continue scientific research and legislative initiatives on the analyzed issue, which will improve the quality of public administration.

Timothy Callaghan, Morgan Kassabian, Natasha Johnson et al.

Rural Healthy People is a companion piece to the federal Healthy People initiative released once a decade to identify the most important Healthy People priorities for rural America, as identified by rural stakeholders, for the current decade. This study reports on the findings of Rural Healthy People 2030. The study relied on a survey of rural health stakeholders collected from July 12, 2021, to February 14, 2022, and: 1) identified the 20 Healthy People priorities most frequently selected as priorities for rural America, 2) studied the priorities that were most frequently selected as a “top 3” priority within each Healthy People 2030 category, and 3) investigated Healthy People 2030 priorities in terms of ranked importance for rural Americans. The analysis finds that for the first time across 3 decades of Rural Healthy People, a greater proportion of respondents selected “Mental Health and Mental Disorders” and “Addiction” as Healthy People priorities for rural America, than did “Health Care Access and Quality”. Even still, respondents ranked “Health Care Access and Quality” as the single-most important rural priority. “Economic Stability,” a new priority within the Social Determinant of Health category, debuted within the 10 most frequently selected priorities for rural America for the coming decade. As public health practitioners, researchers, and policymakers work toward closing the urban–rural divide, the most important rural priorities to address in the coming decade are mental health and substance use disorders, access to high quality health care services, and social determinants of health, such as economic stability.

Pippa K. Bailey, Hannah Lyons, Fergus J. Caskey et al.

Abstract Introduction In 2020 England moved to an opt‐out deceased donation law. We aimed to investigate the views of a mixed stakeholder group comprising people with kidney disease, family members and healthcare practitioners towards the change in legislation. We investigated the expected impacts of the new legislation on deceased‐donor and living‐donor transplantation, and views on media campaigns regarding the law change. Methods We undertook in‐depth qualitative interviews with people with kidney disease (n = 13), their family members (n = 4) and healthcare practitioners (n = 15). Purposive sampling was used to ensure diversity for patients and healthcare practitioners. Family members were recruited through snowball sampling and posters. Interviews were audio‐recorded and transcribed verbatim. Transcripts were analysed using thematic analysis. Results Three themes with six subthemes were identified: (i) Expectations of impact (Hopeful patients; Cautious healthcare professionals), (ii) Living‐donor transplantation (Divergent views; Unchanged clinical recommendations), (iii) Media campaigns (Single message; Highlighting recipient benefits). Patients expected the law change would result in more deceased‐donor transplant opportunities. Conclusions Clinicians should ensure patients and families are aware of the current evidence regarding the impact of opt‐out consent: expectations of an increased likelihood of receiving a deceased‐donor transplant are not currently supported by the evidence. This may help to prevent a decline in living‐donor transplantation seen in other countries with similar legislation. Media campaigns should include a focus on the impact of organ receipt. Patient or Public Contribution Two patient representatives from the Kidney Disease Health Integration Team, Primrose Granville and Soumeya Bouacida, contributed to the content and design of the study documents.

Sutasinee Intui, Shinya Inazumi, Suttisak Soralump

The Chao Phraya River basin is located in the central area of Thailand, which experiences many land subsidence issues due to groundwater pumping. The Department of Groundwater Resources (DGR) has been recording data on the changes in the groundwater level due to water pumping since 1960 until the present time. In 1997, the DGR issued a law regulating the use of groundwater due to its effect on the changes in the groundwater level. The changing of the groundwater level was separated into two periods. The first period is the high groundwater pumping ratio that led to a rapid decrease in the groundwater level of about 27 m from the ground surface. After the DGR issued the new law in the second period, the pumping ratio decreased and the groundwater level increased. The groundwater level tends to reach the ground surface. In the past, the groundwater level decrease was affected by the land subsidence. Therefore, this study focused on calculating and learning the behavior of the soil surface displacement during groundwater level recovery to the ground surface in Bangkok, Thailand. We obtained the 3D soil profiles adopted from eight boreholes from the Department of Public Works and Town & Country Planning. The soil profile data were verified by monitoring the data from the Department of Groundwater Resources (DGR) in the same area. The soil layers of the 3D soil profile were analyzed to calculate the soil surface displacement based on the consolidation theory of Terzaghi. We also examined the displacement behavior of the clay layers during the groundwater level recovery to the ground surface by assuming that the soil layers below the groundwater level do not settle or rebound. The surface displacement results showed that the surface ends to move upward or rebound, which is a similar trend to that reported in previous research. All the considered locations showed similar soil surface displacement trends. The soil displacement ratio is 0.21 to 0.53 cm/year during the groundwater recovery.

Carroll Seron

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David H. Rosenbloom, D. Goldman

Taner Ercan

The concept of person, which is the main subject of all branches of law, has an important place in the world of law. Because the person is the owner and subject of the rights and obligations regulated by the rules of law. A human being is accepted as a person by birth and depending on this aspect, he has the capacity to have rights. In the ordinary course of life, the rights that depend on the person may be terminated in various situations. Person and personality related rights, their beginning and end are expressed in the context of the Turkish Civil Code. In this respect, the person who is determined as the inheritor with the termination of the personality in the form and/or situations specified in the laws cannot establish new legal transactions in the legal order. However, following the termination of the personality, some legal actions may need to be completed. One aspect of the legal proceedings within this scope is the effects of death (termination of personality) on the Turkish Tax System. In other words, in case of death, the tax transactions of the deceased will have to be carried out for the heirs whose refusal has not been inherited, for the new liability that will occur after death. The article was examined in a purposive, complementary and descriptive framework, and the death of the taxpayer and the features that emerged in the Turkish Tax System were emphasized, and the effects of the termination of the personality on the current legislation were revealed. In this context, the effects of the termination of personality within the framework of natural persons will be evaluated in the eyes of the laws within the scope of the Turkish Tax System.

R. Duff

We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained​. The theory is based on an account of criminal law as a distinctive legal practice that functions to define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such a practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized—not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity’s business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.

S. Strauss

Eryk Kosiński, Anna Trela

Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 14 kwietnia 2015 r., sygn. I FSK 1493/14

Daniel Buffone de Oliveira, Rafael Augusto Mantovani Silva, Ellen Alves de Paula et al.

Objetivos: o registro sanitário garante minimamente a segurança nas indicações de bula. Com o julgamento do Recurso Extraordinário (RE) nº 657.718/2019, essa questão não está pacificada. O objetivo desse estudo é comparar as indicações aprovadas nas agências sanitárias americana, europeia e brasileira e analisar dados referentes à indicação de medicamentos imunoterápicos para o tratamento de câncer, em demandas judiciais contra a Secretaria de Estado da Saúde de São Paulo (SES/SP). Métodos: foi realizada uma pesquisa documental nas bulas de seis medicamentos imunoterápicos, disponíveis em julho de 2019 nos websites das agências sanitárias elegidas para o estudo, e comparada a indicação desses medicamentos em demandas judiciais no Estado de São Paulo, utilizando os dados de relatórios ou documentos escaneados disponíveis no sistema S-Codes. Resultados: todos os medicamentos têm registro sanitário para, ao menos, uma indicação em bula nas três agências sanitárias, porém, com diferenças nas indicações aprovadas, muitas delas sendo aprovações aceleradas (fast track). O tempo médio entre a aprovação na Food and Drug Administration (FDA) e na Agência de Vigilância Sanitária (Anvisa) foi de 464,5 ± 170,8 dias; e 278 (98%) das demandas judiciais ocorreram pós-registro na Anvisa. Há pouca informação disponível nos documentos escaneados, mas foi possível identificar situações envolvendo indicações de medicamentos, além de resultados de testes genéticos. Discussão e conclusão: a análise mostra que a FDA tende a ser menos rigorosa na aprovação de novas indicações, e que a maioria das demandas não se enquadraria nos critérios do RE nº 657.718/2019. Apesar do avanço, faz-se necessária a discussão do uso off-label desses medicamentos e sua especificidade.

Pavel Aleksandrovich Merkulov, Yulia Mikhailovna Smirnova

In the article the essence of law-making activity of local governments is considered, its basic principles are opened. Implementation of law-making activity of local governments on the basis of the considered principles promotes ensuring legitimacy of their decisions.

Bryan D. Jones, F. Baumgartner, Christian Breunig et al.

K. Eichensehr