Hasil untuk "Public law"

J. Habermas, William Rehg

Translatora s Introduction. Preface. 1. Law as a Category of Social Mediation between Facts and Norms. 2. The Sociology of Law versus the Philosophy of Justice. 3. A Reconstructive Approach to Law I: The System of Rights. 4. A Reconstructive Approach to Law II: The Principles of the Constitutional State. 5. The Indeterminacy of Law and the Rationality of Adjudication. 6. Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication. 7. Deliberative Politics: A Procedural Concept of Democracy. 8. Civil Society and the Political Public Sphere. 9. Paradigms of Law. Postscript (1994). Appendices. Notes. Bibliography. Index.

P. Maurer

J. Habermas, T. Burger

Susan K. Sell

Laura State, Alejandra Bringas Colmenarejo, Andrea Beretta et al.

Explainable AI (XAI) provides methods to understand non-interpretable machine learning models. However, we have little knowledge about what legal experts expect from these explanations, including their legal compliance with, and value against European Union legislation. To close this gap, we present the Explanation Dialogues, an expert focus study to uncover the expectations, reasoning, and understanding of legal experts and practitioners towards XAI, with a specific focus on the European General Data Protection Regulation. The study consists of an online questionnaire and follow-up interviews, and is centered around a use-case in the credit domain. We extract both a set of hierarchical and interconnected codes using grounded theory, and present the standpoints of the participating experts towards XAI. We find that the presented explanations are hard to understand and lack information, and discuss issues that can arise from the different interests of the data controller and subject. Finally, we present a set of recommendations for developers of XAI methods, and indications of legal areas of discussion. Among others, recommendations address the presentation, choice, and content of an explanation, technical risks as well as the end-user, while we provide legal pointers to the contestability of explanations, transparency thresholds, intellectual property rights as well as the relationship between involved parties.

Andrew Blair, Peggy Gregory, Mary Ellen Foster

Though a goal of HRI is the natural integration of social robots into everyday public spaces, real-world studies still occur mostly within controlled environments with predetermined participants. True public spaces present an environment which is largely unconstrained and unpredictable, frequented by a diverse range of people whose goals can often conflict with those of the robot. When combined with the general unfamiliarity most people have with social robots, this leads to unexpected human-robot interactions in these public spaces that are rarely discussed or detected in other contexts. In this paper, we describe atypical users we observed interacting with our robot, and those who did not, during a three-day pilot deployment within a large working church and visitor attraction. We then discuss theoretical future advances in the field that could address these challenges, as well as immediate practical mitigations and strategies to help improve public space human-robot interactions in the present. This work contributes empirical insights into the dynamics of human-robot interaction in public environments and offers actionable guidance for more effective future deployments for social robot designers.

Runhua Wang, Jyh-An Lee, Jingwen Liu

Amid the surge of intellectual property (IP) disputes surrounding non-fungible tokens (NFTs), some scholars have advocated for the application of personal property or sales law to regulate NFT minting and transactions, contending that IP laws unduly hinder the development of the NFT market. This Article counters these proposals and argues that the existing IP system stands as the most suitable regulatory framework for governing the evolving NFT market. Compared to personal property or sales law, IP laws can more effectively address challenges such as tragedies of the commons and anticommons in the NFT market. NFT communities have also developed their own norms and licensing agreements upon existing IP laws to regulate shared resources. Moreover, the IP regimes, with both static and dynamic institutional designs, can effectively balance various policy concerns, such as innovation, fair competition, and consumer protection, which alternative proposals struggle to provide.

Viacheslav Davydenko, Anna Kavunska, Viacheslav Barba

The study focuses on the conceptual, theoretical, empirical and methodological foundations of a legal and economic nature, concerning the legal support for the activities of operational units of the National Police in preventing cybercrime, in the context of economic globalisation and existential challenges. Methodology. The present study employed both general and special methods of cognition. Utilising the dialectical method, the author evaluated the essence of countering cybercrime by operational police units in terms of its prevention and prevention of these offences in the legal and economic planes, according to a diverse range of parameters. The analysis established the foundations for a multidimensional study of all the characteristic features of cybercrime prevention in the context of economic integration, in terms of economic and legal etymology. The synthesis established the conditions necessary for the generalisation of the distinctive features of the activities of police operational units. The formal legal method enabled the correct interpretation of the content of legal acts defining the general and special legal regimes of preventive activities of operational police units within the context of economic globalisation and existential challenges. The purpose of the article is to provide a comprehensive analysis of the potential areas for improvement in the activities of the operational units of the National Police in order to prevent cybercrime in the context of economic globalisation and existential challenges. The results of the study demonstrated that the role of the operational units of the National Police in preventing cybercrime in the context of economic globalisation and existential challenges encompasses a range of complex measures in various areas of activity of the relevant police unit, primarily in ensuring cybersecurity. It has been determined that there are specific areas in which the operational units of the National Police can enhance their efforts to combat cybercrime. These areas have been identified in the context of economic globalisation and existential challenges. Conclusion. The advent of cybercrime can be attributed to the prevailing technological transformations in the economy, particularly with regard to the dissemination of information as the primary resource and catalyst for societal advancement. The author's position is that the implementation of economic policies aimed at curbing cybercrime should encompass the following measures: the establishment of a fair and balanced tax system, the formulation of a strategic economic development policy, the promotion of production-oriented initiatives, and the allocation of resources towards the enhancement of public services. From the standpoint of a company's economic security, measures to prevent cybercrime are crucial, due to both local and global economic factors. The analysis of cybercrime legislation enabled the identification of measures of general and special competence taken by the operational units of the National Police. Concurrently, within the legislative framework on national security, which encompasses cybersecurity, the National Police is delineated as a subject of counteraction to such crime, signifying a specialised competence. Concomitantly, the general competence in combating and preventing cybercrime is reflected in the primary function of the National Police, namely to ensure public safety and order, protect human rights and freedoms, the interests of society and the state, and combat crime, including in cyberspace. The primary focus of the implementation of the special competence of operational police units is the Cyber Police Department, which is an integral component of the National Police. The Cyber Police Department is responsible for conducting comprehensive operational and investigative activities as a component of the broader strategy to prevent cybercrime. The authors support the view that the following measures, carried out by operational police units, stand out as effective means of countering cybercrime under conditions of existential challenges associated with armed aggression. These measures include counterintelligence, operational and investigative work, and procedural work to counter relevant information threats; the introduction of incentive measures aimed at creating their own information product; the development of their own information and telecommunications infrastructure; and the establishment of communication between civil society and law enforcement agencies in this area.

Tracey A. Brickell, Tracey A. Brickell, Tracey A. Brickell et al.

This report details a bench to bedside translation of behavioral and social science research into a clinical program as a result of a collaboration between two United States Defense Health Agency Centers of Excellence for warfighter traumatic brain injury (TBI) and brain health. Identifying a gap in health-related quality of life (HRQOL) measures, our team instigated a 7-year multisite effort to validate and develop generic and caregiver specific HRQOL domains for family members of warfighters and civilians with a TBI using state-of-the-science measurement development standards; the Traumatic Brain Injury Caregiver Quality of Life (TBI-CareQOL) measurement system. The TBI-CareQOL was integrated into the Defense and Veterans Brain Injury Center-Traumatic Brain Injury Center of Excellence 15-Year Longitudinal TBI Study designed to address four elements in a Congressional mandate (NDAA FY2007 Sec721 Public Law 109-364). Based on findings from the 15-Year Longitudinal TBI study and larger body of related literature demonstrating the bidirectional associations between warfighter neurobehavioral outcomes and family distress, relevant TBI-CareQOL measures were integrated into the Family Wellness Program (FWP) for intimate partner (IP) beneficiaries of warfighters with TBI in treatment for chronic neurobehavioral symptoms across the Defense Intrepid Network for Traumatic Brain Injury and Brain Health (DIN). The FWP screens IPs for clinically elevated HRQOL symptoms with clinical follow up offered in alignment with operations at each DIN treatment center and military base. In July 2024, the FWP was launched at the National Intrepid Center of Excellence at Walter Reed National Military Medical Center, and is currently expanding across the DIN.

Holli Sargeant, Ahmed Izzidien, Felix Steffek

This paper addresses a critical gap in legal analytics by developing and applying a novel taxonomy for topic classification of summary judgment cases in the United Kingdom. Using a curated dataset of summary judgment cases, we use the Large Language Model Claude 3 Opus to explore functional topics and trends. We find that Claude 3 Opus correctly classified the topic with an accuracy of 87.13% and an F1 score of 0.87. The analysis reveals distinct patterns in the application of summary judgments across various legal domains. As case law in the United Kingdom is not originally labelled with keywords or a topic filtering option, the findings not only refine our understanding of the thematic underpinnings of summary judgments but also illustrate the potential of combining traditional and AI-driven approaches in legal classification. Therefore, this paper provides a new and general taxonomy for UK law. The implications of this work serve as a foundation for further research and policy discussions in the field of judicial administration and computational legal research methodologies.

Hambur Wang

Air pollution has emerged as a serious challenge for China, posing a threat to public health and hindering the progress of sustainable economic development. In response to air pollution and other environmental issues, the Chinese government introduced a new Environmental Protection Law in 2015. This paper investigates the impact of the new Environmental Protection Law's implementation and corporate Environmental, Social, and Governance (ESG) investments on air pollution and public subjective well-being. Using panel data at the macro level, we employ a difference-in-differences (DID) model, with Chinese provinces and municipalities as units of analysis, to examine the combined effects of the new Environmental Protection Law and changes in corporate ESG investment intensity. The study evaluates their impacts on air quality and public subjective well-being. Findings indicate that these policies and investment behaviors significantly improve public subjective well-being by reducing air pollution. Notably, an increase in ESG investment significantly reduces air pollution levels and is positively associated with enhanced well-being. These results underscore the critical role of environmental legislation and corporate social responsibility in improving public quality of life and provide empirical support for promoting sustainable development in China and beyond.

Antonio Sergio Altieri de Moraes Pitombo

O artigo trata da questão da decretação de prisão cautelar como instrumento de agentes da Justiça Criminal  para influir na autodeterminação do preso quanto à ampla defesa, constrangendo-o a barganhar direitos, por meio de colaboração processual. Discute-se se a teoria do dilema do prisioneiro não se exibe uma forma de tortura psicológica, sob a perspectiva dos tratados internacionais.

Parisa Foroutan, Salim Lahmiri

Abstract The notion that investors shift to gold during economic market crises remains unverified for many cryptocurrency markets. This paper investigates the connectedness between the 10 most traded cryptocurrencies and gold as well as crude oil markets pre-COVID-19 and during COVID-19. Through the application of various statistical techniques, including cointegration tests, vector autoregressive models, vector error correction models, autoregressive distributed lag models, and Granger causality analyses, we explore the relationship between these markets and assess the safe-haven properties of gold and crude oil for cryptocurrencies. Our findings reveal that during the COVID-19 pandemic, gold is a strong safe-haven for Bitcoin, Litecoin, and Monero while demonstrating a weaker safe-haven potential for Bitcoin Cash, EOS, Chainlink, and Cardano. In contrast, gold only exhibits a strong safe-haven characteristic before the pandemic for Litecoin and Monero. Additionally, Brent crude oil emerges as a strong safe-haven for Bitcoin during COVID-19, while West Texas Intermediate and Brent crude oils demonstrate weaker safe-haven properties for Ether, Bitcoin Cash, EOS, and Monero. Furthermore, the Granger causality analysis indicates that before the COVID-19 pandemic, the causal relationship predominantly flowed from gold and crude oil toward the cryptocurrency markets; however, during the COVID-19 period, the direction of causality shifted, with cryptocurrencies exerting influence on the gold and crude oil markets. These findings provide subtle implications for policymakers, hedge fund managers, and individual or institutional cryptocurrency investors. Our results highlight the need to adapt risk exposure strategies during financial turmoil, such as the crisis precipitated by the COVID-19 pandemic.

Deng Wang

Whether the first law of black hole mechanics is correct is an important question in black holes physics. Subjected to current limited gravitational wave events, we propose its weaker version that permits a relatively large perturbation to a black hole system and implement a simple test with the first event GW150914. Confronting the strain data with the theory, we obtain the constraint on the deviation parameter $α=0.07\pm0.11$, which indicates that this weaker version is valid at the 68\% confidence level. This result implies that the first law of black hole mechanics may be correct.

Karen Yeung, Adam Harkens

This two part paper argues that seemingly "technical" choices made by developers of machine-learning based algorithmic tools used to inform decisions by criminal justice authorities can create serious constitutional dangers, enhancing the likelihood of abuse of decision-making power and the scope and magnitude of injustice. Drawing on three algorithmic tools in use, or recently used, to assess the "risk" posed by individuals to inform how they should be treated by criminal justice authorities, we integrate insights from data science and public law scholarship to show how public law principles and more specific legal duties that are rooted in these principles, are routinely overlooked in algorithmic tool-building and implementation. We argue that technical developers must collaborate closely with public law experts to ensure that if algorithmic decision-support tools are to inform criminal justice decisions, those tools are configured and implemented in a manner that is demonstrably compliant with public law principles and doctrine, including respect for human rights, throughout the tool-building process.

Deng Wang

The Hubble law (HL) governs the low-redshift (low-z) evolution of the distance of an object. However, there is a lack of an investigation of its validity and effective radius for a long time, since the low-z background data with a high precision is scarce. The latest Type Ia supernovae sample Pantheon+ having a significant increase of low-z data provides an excellent opportunity to test the HL. We propose a generalized HL and implement the first modern test of the HL with Pantheon+. We obtain the constraint on the deviation parameter $α=1.00118\pm0.00044$, confirm the validity of linear HL with a $0.04\%$ precision and give the transition redshift $z_t=0.03$ and luminosity distance $D_{L,t}=123.13\pm1.75$ Mpc, which means that HL holds when $z<0.03$ and breaks down at a distance of $D_L>123.13$ Mpc. Comparing the ability of Type Ia supernovae and HII galaxies in testing the HL, we stress the uniqueness and strong power of Type Ia supernovae in probing the low-z physics.

K. P. Mooley, B. Margalit, C. J. Law et al.

We present new radio and optical data, including very long baseline interferometry, as well as archival data analysis, for the luminous decades-long radio transient FIRST J141918.9+394036. The radio data reveal a synchrotron self-absorption peak around 0.3 GHz and a radius of around 1.3 mas (0.5 pc) 26 years post-discovery, indicating a blastwave energy $\sim5 \times 10^{50}$ erg. The optical spectrum shows a broad [OIII]$λ$4959,5007 emission-line that may indicate collisional-excitation in the host galaxy, but its association with the transient cannot be ruled out. The properties of the host galaxy are suggestive of a massive stellar progenitor that formed at low metallicity. Based on the radio light curve, blastwave velocity, energetics, nature of the host galaxy and transient rates we find that the properties of FIRST J1419+39 are most consistent with long gamma-ray burst (LGRB) afterglows. Other classes of (optically-discovered) stellar explosions as well as neutron star mergers are disfavored, and invoking any exotic scenario may not be necessary. It is therefore likely that FIRST J1419+39 is an off-axis LGRB afterglow (as suggested by Law et al. and Marcote et al.), and under this premise the inverse beaming fraction is found to be $f_b^{-1}\simeq280^{+700}_{-200}$, corresponding to an average jet half-opening angle $<θ_j>\simeq5^{+4}_{-2}$ degrees (68% confidence), consistent with previous estimates. From the volumetric rate we predict that surveys with the VLA, ASKAP and MeerKAT will find a handful of FIRST J1419+39-like events over the coming years.

András Bencsik

Consumer protection, as a substantive law at the border between public and private law, seeks to enforce consumer rights through two sets of instruments: the maintenance and operation of consumer protection institutions as part of the executive branch, and the provision of judicial and extra-judicial enforcement. In this paper, we will examine the development and transformation of consumer protection 'administration', with a particular focus on the cardinal changes in the organisational system that have fundamentally reshaped the organisational, operational and procedural issues of domestic consumer protection as we approach the present day.

Grzegorz Adam Kawalec

Niniejszy artykuł przedstawia zagadnienie zarządu „kadłubowego” w spółce z ograniczoną odpowiedzialnością. Omawiana instytucja prawa handlowego nie została unormowana przez Kodeks spółek handlowych, lecz została wypracowana przez doktrynę. Autor w niniejszym artykule przedstawia typowe aspekty funkcjonowania zarządu – reprezentacja spółki oraz prowadzenie spraw spółki przez zarząd „kadłubowy”. Analizując różne stanowiska wypracowane zarówno przez doktrynę, jak i orzecznictwo sądowe, Autor stara się pokazać, że ważniejszą kwestią od istnienia samego organu dla prawidłowego funkcjonowania spółki niezbędna jest odpowiednia liczebność organu w celu dokonania ważnych czynności prawnych w sferze zewnętrznej i wewnętrznej stosunków w spółce z o.o. Autor wskazuje również propozycje de lege ferenda, dzięki którym zarząd „kadłubowy” nie stanowiłby problemu dla prawidłowego funkcjonowania spółki w sytuacjach nadzwyczajnych. W końcowej części pracy Autor analizuje rolę kuratora w spółce pod względem jego uprawnień związanych z prowadzeniem spraw spółki oraz jej reprezentacją.