Hasil untuk "Civil law"

Ayush Pandhi, Bryan M. Gaensler, Ziggy Pleunis et al.

We present 2-4 GHz observations of polarized radio galaxies towards eight fast radio bursts (FRBs), producing grids of Faraday rotation measure (RM) sources with sky densities of 9-28 polarized sources per square degree. Using a Bayesian interpolation framework, we constrain Galactic RM fluctuations below ~ 1 degree squared angular scales around the FRB positions. Despite the positions of all eight FRBs far from the Galactic plane, we constrain previously unresolved small-scale Galactic RM structures around six of the eight FRBs. In two of these fields, we find potential changes in the sign of the Galactic RM that are not captured by previous, sparsely sampled RM grid observations. Our Galactic RM estimate towards the FRBs differs between a few rad m^-2 up to ~ 40 rad m^-2 from the all-sky Galactic RM map of Hutschenreuter et al. (2022). Extrapolating our results to the known population of polarized FRB sources, we may be incorrectly interpreting the host galaxy RM for ~ 30% of the FRB source population with current RM grid observations. Measuring small-scale Galactic RM variations is crucial for identifying FRBs in low density and weakly magnetized environments, which in turn could serve as potent probes of cosmic magnetism. This framework of reconstructing continuous Galactic RM structure from RM grid observations can be readily applied to FRBs that fall in the sky coverage of upcoming large-sky radio polarization surveys of radio galaxies, such as the Very Large Array Sky Survey (VLASS) and the Polarization Sky Survey of the Universe's Magnetism (POSSUM).

Mark O. Riedl, Deven R. Desai

As AI becomes more "agentic," it faces technical and socio-legal issues it must address if it is to fulfill its promise of increased economic productivity and efficiency. This paper uses technical and legal perspectives to explain how things change when AI systems start being able to directly execute tasks on behalf of a user. We show how technical conceptions of agents track some, but not all, socio-legal conceptions of agency. That is, both computer science and the law recognize the problems of under-specification for an agent, and both disciplines have robust conceptions of how to address ensuring an agent does what the programmer, or in the law, the principal desires and no more. However, to date, computer science has under-theorized issues related to questions of loyalty and to third parties that interact with an agent, both of which are central parts of the law of agency. First, we examine the correlations between implied authority in agency law and the principle of value-alignment in AI, wherein AI systems must operate under imperfect objective specification. Second, we reveal gaps in the current computer science view of agents pertaining to the legal concepts of disclosure and loyalty, and how failure to account for them can result in unintended effects in AI ecommerce agents. In surfacing these gaps, we show a path forward for responsible AI agent development and deployment.

Md Arafat Hossain, Xingfu Wu, Valerie Taylor et al.

Despite recent advancements of large language models (LLMs), optimally predicting the model size for LLM pretraining or allocating optimal resources still remains a challenge. Several efforts have addressed the challenge by proposing different empirical scaling laws, but almost all of them are architecture-specific (dense or sparse). In this work we revisit existing empirical scaling laws and propose a generalized scaling law to provide a unified framework that is applicable to both dense and sparse large language models. We evaluate and compare our proposed scaling law with existing scaling laws and demonstrate that our proposed scaling law captures the scaling behavior of existing scaling laws. Further, we show an IsoFLOP comparison between our proposed scaling law and the state-of-the-art scaling law to illustrate the effectiveness of our proposed scaling law for Mixture-of-Expert (MoE)-based very large LLMs like DeepSeek-V3. Our proposed scaling law can be used to estimate the best model hyperparameters (Model size, Tokens and Compute) for a given sparsity or to identify the optimal sparsity for the given model hyperparameters.

Yousef Ahmed Jasim -, Prof. Dr. Mohamed Suliman Elnor -

the research aims to define malicious lawsuits in language, Islamic law, and UAE law, and to clarify the ruling on malicious lawsuits in Islamic law and UAE law, and the penalties that result from committing this crime in Islamic law and UAE law, with mention of cases that have been decided in the courts of the state. The topic was divided into three sections: Definition of malicious lawsuits, the second section: The ruling on malicious lawsuits in Islamic law and law, and the third section: The punishment of malicious lawsuits in Islamic law and law. The study concluded that malicious lawsuits in Islamic law are: Demanding something that a person does not have a right to, or for someone else, in the court of law, with the intention of harming him physically or morally. And that malicious lawsuits in law are: A person reporting to the judicial or administrative authorities falsely about an act that is punishable by law to a specific person with the intention of causing him material or moral harm. And to state that the legal and religious texts have indicated its prohibition and the criminalization of its perpetrator, and the penalties that result from it, which can reach imprisonment, fine, or both.

Susana Toboso-Chavero, Filippos K. Zisopoulos, Martin de Jong et al.

The comprehensive sustainability assessment of urban waste management systems (UWMSs) is crucial for understanding the impact of current and future city strategies aimed at improving circularity and inclusion in cities. In this study we propose a framework for conceptualizing the inclusive circular city (ICC), and we review specifically scientific literature on methodological tools and trends in integrated sustainability assessments (ISAs) of UWMSs. Of the 145 publications reviewed, only 10 % concurrently evaluated social, environmental, and economic aspects, and just 2 % incorporated circularity and inclusion metrics. Publications focusing simultaneously either on social and environmental dimensions or economic and environmental dimensions accounted for 3 % and 17 % of studies, respectively, while 70 % adopted a single-dimensional approach. A notable proportion of studies focused exclusively on environmental impact assessment, predominantly employing life cycle assessment or indicators such as carbon footprint. Social assessments were notably less prevalent, comprising only 20 % of studies. Stakeholder engagement and inclusion metrics were considered in 20 % and 5 % of the publications, respectively. In terms of R strategies, 65 % of the studies concentrated on recycling and recovery, targeting mainly municipal solid waste. To advance our knowledge on ISAs of UWMSs and improve our understanding of their embeddedness in ICCs, future research should: (a) focus on multidimensional, transdisciplinary assessments with an emphasis on strong sustainability-oriented methodologies by including circularity and inclusion metrics; (b) prioritize inclusion and active stakeholder participation in collaborative knowledge creation; and (c) shift the focus from conventional waste recycling and recovery to ambitious circular strategies that retain resources in closed-loop systems.

J. E. Hirsch

In Entropy 24, 83 (2022) [1], titled "The Law of Entropy Increase and the Meissner Effect", A. Nikulov claims that the Meissner effect exhibited by type I superconductors violates the second law of thermodynamics. Contrary to this claim, I show that the Meissner effect is consistent with the second law of thermodynamics provided that a mechanism exists for the supercurrent to start and stop without generation of Joule heat. The theory of hole superconductivity provides such a mechanism, the conventional theory of superconductivity does not. It requires the existence of hole carriers in the normal state of the system.

Mariusz J. Golecki, Bartosz Wojciechowski

The paper presents and discusses the principle of causability as expressed in many civil codes. This principle requires that the existence of any obligations of transfers of ownership the legal cause – usually associated with 3 types of dealings having been identified by Roman jurists and elaborated by postglosators and founders of the 17th-century natural law movement, namely: causa solvendi, donandi, aquirendi, or causa cavendi – creates a condition for validity of legal act. Referring to the philosophical background of the analytical philosophy of intention and intersubjectivity, authors advocate a modified theory of causability, according to which it is permissible for the parties to invoke abstract actions if this is not opposed by binding legal provisions.

Ebrahim Shoarian Sattari, Mehrdad Etemad Gharamaleki

One of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issuance is dishonored. In fact, the question is whether the issuance and delivery of such instruments convert a civil law obligation into an obligation arising from the issuance of negotiable instruments or whether it is possible to rely upon the original obligation with all its guarantees and consequences. The statutes are silent on the matter. Scholars and jurisprudence are divided. This article comparatively examines various legal systems and international instruments like UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and by relying on the general principles enshrined in Article 3 of the Code of Civil Procedure, concludes that the better approach is the one that subscribes to the survival of the original obligations. It is hoped that this comparative study can set a model for our future legislative initiatives.

Peter Vojčík

The Civil Code in the Czech Republic unified the legal regulation of contract law and removed dualism in this regulation. A work contract is a contract type in which intangible items are also the result of it. The Civil Code of the Czech Republic also enshrines special provisions for an intangible work. It points out the different types of intangible items that can be created or used in connection with a work contract. The author discusses the enacted legislation and points out other provisions that need to be applied to work contracts with intangible result. It analyzes the legal regime of contracts which result in copyrighted works, while also pointing out the copyright regulation of employee works, and separately analyzes work contracts whose subject matter is protected by industrial property law. It also points out the liability of the contractor towards the customer, regarding the delivered work as an intangible result, if the rights of third parties were violated.

M. Tarasov

Relying on legal doctrine and current positive law of Russia as well as several foreign countries, the author explores legal capacity of persons under eighteen years of age in connection with their participation in civil and law relations on the Internet.

Luoqin Liu

How to determine accurately and efficiently the aerodynamic forces of the aircraft in high-speed flow is one of great challenges in modern aerodynamics. In this Letter we propose a new similarity law for steady transonic-supersonic flow over thin bodies. The new similarity law is based on the local Mach number frozen principle. It depends on both the specific heat ratio and the free-stream Mach number. The new similarity law enables one to determine the lift and drag coefficients of the aircraft from that of a reference state which is more reachable. The validity of the new similarity law has been confirmed by the excellent agreement with numerical simulations of both two-dimensional airfoil flows and three-dimensional wing flows.

Wooyoung Chin

We revisit the moment method to obtain a slightly strengthened version of the usual semicircular law. Our version assumes only that the upper triangular entries of Hermitian random matrices are independent, have mean zero and variances close to $1/n$ in a certain sense, and satisfy a Lindeberg-type condition. As an application, we derive another semicircular law for the case when the sum of a row converges in distribution to the standard normal distribution, including the case where all matrix entries may have infinite variance. The appendix, making up the majority of the paper, provides for those new to the subject, a rigorous exposition of most details involved, including also a proof of a semicircular law that uses the Stieltjes transform method.

R. Padmanabhan, Alok Shukla

A binary mean operation m(x,y) is said to be compatible with a semigroup law *, if * satisfies the Gauss' functional equation m(x,y) * m(x,y) = x * y for all x, y. Thus the arithmetic mean is compatible with the group addition in the set of real numbers, while the geometric mean is compatible with the group multiplication in the set of all positive real numbers. Using one of Jacobi's theta functions, Tanimoto has constructed a novel binary operation * corresponding to the arithmetic-geometric mean agm(x,y) of Gauss. Tanimoto shows that it is only a loop operation, but not associative. A natural question is to ask if there exist a group law * compatible with arithmetic-geometric mean. In this paper we prove that there is no semigroup law compatible with agm and hence, in particular, no group law either. Among other things, this explains why Tanimoto's novel operation * using theta functions must be non-associative.

Alonso Rey Bustamante, Sharmilla Ríos Peña

El Tribunal Registral ha establecido que no se necesita verificar la existencia previa del acuerdo de junta general de accionistas para el acto contenido en el inciso 5 del artículo 115 de la Ley General de Sociedades, debido a que se supondría su realización. En el presente artículo, los autores examinan qué fundamentos jurídicos se contraponen a lo establecido por el Tribunal.

Кравцов Николай Александрович

In the article the attention of the reader to some essential lines of crisis of modern understanding of the right is drawn. Are distinguished from such lines: an imbalance between legal philosophy, the theory of the right and legal practice; violation of right balance between jurisprudence and lawmaking; wrong understanding of progressism; ideological congestion of legal concepts; an imbalance between law, history and philosophy.

Апостолова Наталья Николаевна

Lia Sautunnida

Artikel ini ingin menjawab pentingnya penetapan aturan hukum yang tegas dan kompre-hensif yang dapat memberikan perlindungan terhadap data pribadi yang berlangsung melalui media elektronik di Indonesia. Permasalahan ini muncul dengan perkembangan teknologi informasi saat ini telah menimbulkan persoalan hukum baru, yaitu mengenai perlindungan keamanan atas data pribadi yang berlangsung melalui media elektronik. Banyaknya pihak yang menggunakan media elektronik tersebut sebagai alat komunikasi dan transaksi mengakibatkan terjadinya penyalahgunaan data pribadi. Sejumlah negara seperti Uni Eropa, Amerika, Inggris, Hongkong, Singapura, dan Malaysia, telah memi-liki aturan yang tegas dan komprehensif berkenaan dengan data pribadi. Akan tetapi sampai sejauh ini Indonesia belum punya undang-undang khusus yang mengatur perlin-dungan data pribadi. Di Indonesia aturan mengenai hal tersebut terdapat dalam Pasal 26 UU No. 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik dan juga tercantum dalam beberapa aturan hukum lainnya yang terpisah. Meskipun demikian, Pasal tersebut dianggap umum. hal ini dipandang perlu segera disahkan dalam bentuk undang-undang tersendiri untuk memberikan jaminan keamanan dan perlindungan data pribadi serta dapat memberikan sanksi baik dalam bentuk pidana ataupun perdata bagi yang menyalahgunakan data pribadi tersebut.     Urgency of Personal Data Protection Law in Indonesia: Comparative Study of English and Malaysia Law     This article aims to answer the importance of enactments assertive and comprehensive legal rules in Indonesia that can provide personal data protection on electronic media. This problem emerges with the recent development of information technology which has led to new legal issues. The issues are about security and protection towards personal data that occured through electronic media. There are people who use electronic media as a tool of communication and transaction which may lead to the abuse of personal data. Some countries such as the European Union, the United States, the United Kingdom, Hongkong, Singapore and Malaysia already have assertive and comprehensive law regarding the protection of personal data; however, so far there is no specific law in Indonesia that regulates personal data protection. In Indonesia, the regulation about personal data protection is stated in Article 26 of Law Number 11 Year 2008 on Information and Electronic Transactions and also this personal data protection regulation listed in several separate legal rules. Nevertheless, it’s Article is considered general. Therefore, it is deemed necessary to be immediately ratified in the form of law to provide security and protection and may impose sanctions in both criminal and civil forms for those who misuse the personal data.

Vyushkina Elena

Mediation in a legal sense is a means of alternative dispute resolution (ADR). Having evolved in the USA in the last half of 20th century the procedure is growing in popularity and proliferation all over the world. Many countries enacted particular legislation, and others included relevant articles into Civil and/or Criminal Procedure Codes. Howbeit, lawyers are to be aware of mediation and roles they may play within the process. Law school curriculum drafters face the challenge of including a new up-to-date course in mediation into busy and very full academic programmes. Analysis of existing instructing practice showed that in Anglo-American law schools mediation teaching is a part of clinical legal education. As for European countries, there is a broad range of scenarios and no established experience. Recognition of communicative skills as key skills for mediators prompts the use of a CLIL approach in structuring such a course. Listening, reframing, summarising, questioning are skills to be mastered by law-students both in a foreign language and their mother tongue. Language teachers are in charge of this part of the course while law teachers can work out text contents built on the branches of law mediators deal with more often (family law, employment law, contracts, etc.). Moreover, some texts may cover mediation law in a home country and abroad. Another important factor to take into account is a career path chosen by a law-student – if s/he is going to become a mediator or a lawyer securing clients in mediation. Role plays and scenarios are an integral part of the course. Moreover, the course developed can serve as an introduction to internship in a law clinic.

Jennifer P Cohen

In 1987, Harry Reasoner of 60 Minutes questioned Dr. Selma Dritz about her search in the early 1980s for the origins of the deadly outbreak of AIDS in the United States. “It was the whodunit of the century, and I was born nosy,” she tells him. The title of the 60 Minutes piece was “Patient Zero” who Mr. Reasoner explains “was a man – a central victim and victimizer” in the spread of AIDS.  Dr. Dritz, who had been the head of infectious diseases in the San Francisco branch of the Centers for Disease Control and Prevention (CDC), recalled warning Patient Zero of the danger he posed to others. In her retelling, Mr. Dugas callously rebuffed her concerns, showed little remorse for infecting others, and concluded their interaction with “screw you.” Also interviewed was Randy Shilts whose book, And the Band Played On, identified Patient Zero as Gaëtan Dugas, a Canadian flight attendant. Mr. Shilts explained that Mr. Dugas constituted what epidemiologists today call a superspreader – someone with unlimited ability to infect others and “speed this disease into every corner of America.”  The narrative of a villainous foreigner maliciously spreading a deadly epidemic culminated in an infamous New York Post headline condemning Mr. Dugas as “THE MAN WHO GAVE US AIDS.” The story unraveled upon closer inspection.  In 1984, the CDC had indeed identified a “Patient O” who had sexual connections with other AIDS patients, but the “O” stood for “Outside” California. Nowhere in the study is “Patient O” identified as “Patient Zero” -- i.e., the person who introduced the virus in America. In 2007, an article in the Proceedings of the National Academy of Sciences concluded that HIV traveled from Africa to Haiti and then on to the US sometime in 1969, many years before Mr. Dugas became infected. On October 26th of this year, the story was conclusively debunked in a study published in Nature. The authors “recovered the HIV-1 genome from the individual known as ‘Patient O’ and found neither biological nor historical evidence that he was the primary case in the US….”  The mainstream media rediscovered the story with the New York Times writing that “the alleged ‘Patient Zero’ of the American AIDS epidemic – a French Canadian flight attendant named Gaëtan Dugas, who died of AIDS in 1984 – was exonerated last week.” Dr. Dritz’s description of the epidemic’s origins as a “whodunit,” as well as Mr. Reasoner’s characterization of Mr. Dugas as a “victimizer,” embody culpable language, reflecting the difficulties of balancing the need to identify “index cases” as they are known in epidemiology with the ethical considerations of patient privacy and justice. As discussed by Ronald Bayer and Amy Fairchild in The Genesis of Public Health Ethics, the AIDS epidemic triggered a rethinking of ethics in public health. Hard fought battles for privacy and civil liberties had been won by the gay community, and the traditional epidemiological methods of mandatory case reporting by name, contact investigation and quarantine were perceived as threats to those gains. Consequently, public health measures emphasized education to change cultural behavior, the protection of individual privacy, and a rejection of  coercive measures in favor of voluntary testing and counselling of those infected and at risk. Richard McKay, a co-author of the Nature study, has questioned whether the notion of a “patient zero” is itself a fallacy that overshadows structural factors that contribute to the spread of disease such as cultural inequalities and barriers to health care and education.  Containing an epidemic is far more complex than hunting down the person who may have spread the disease initially. David Heymann, an infectious disease epidemiologist at the London School of Hygiene and Tropical Medicine, confirms that locating a patient zero is only useful if they are still alive and infecting others: “And more often than not, especially in large disease outbreaks, they’re not.” The modern healthcare response to epidemics aims to respectfully and ethically limit exposure and, when necessary, alter societal behaviors that may spread disease, but the Gaëtan Dugas case demonstrates that the media and the public may focus unduly on blaming the behavior of individuals. The overwhelming media attention on Dr. Craig Spencer and nurse Kaci Hickox during the Ebola crisis are more recent examples. Many also believe that policymakers have over-reacted to the public’s fears of the individual, malicious AIDS infector: 32 states have criminalized the spread of HIV. The search and public identification of a “patient zero” risks stigmatizing and traumatizing individuals, and alienating those who may be infected from coming forward. The exoneration of Patient O is a reminder that the management of an epidemic must be met with a determination to protect the privacy, liberty and just treatment of individual patients.   References 1) Dritz, Selma. “Patient Zero.” Interview with Harry Reasoner. 60 Minutes. CBS. November 15, 1987. 2) Rothman, Kenneth J., et al. Modern Epidemiology, 3rd Edition. (Philadelphia: Lippincott, Williams & Wilkins) 2008, 561. 3) Shilts, Randy.  “Patient Zero.” Interview with Harry Reasoner. 60 Minutes. CBS. November 15, 1987. 4) McKay, Ricard A., “Patient Zero”:The Absence of a Patient’s View of the Early North American AIDS Epidemic,” Bull Hist Med. 2014 Spring : 161-194. doi:  10.1353/bhm.2014.0005 5) Auerbach, David M., et al., “Cluster of Cases of the Acquired Immune Deficiency Syndrome: Patients Linked by Sexual Contact.” The American Journal of Medicine 76, (March 1984) 487-92. 6) Thomas, M. et al. “Evolution The emergence of HIV/AIDS in the Americas and beyond“ Proc Natl Acad Sci 2007 Nov 20; 104(47): 18566–18570. Published online 2007 Oct 31. 7) Worobey, Michael, et al. “1970s and ‘Patient O’ HIV-1 Genomes Illuminate Early HIV/AIDS History in North America.” Nature 539, 98-101. 26 October 2016. 8) McNeil, Donald G., “H.I.V. Arrived in the U.S. Long Before ‘Patient Zero’”. New York Times, October 26, 2016. Mr. McNeil wrote a second article addressing the ethical issues. “The Ethics of Hunting Down ‘Patient Zero’” New York Times, October 29, 2016. 9) Bayer R1, Fairchild AL. “The Genesis of Public Health Ethics.” Bioethics. 2004 Nov;18(6):473-92.xi Ibid, 478 10) Bayer R1, Fairchild AL. “The Genesis of Public Health Ethics.” Bioethics. 2004 Nov;18(6):473-92.xi Ibid, 478 11) CDC MMWR Ebola Transmission Linked to a Single Traditional Funeral Ceremony April 17, 2015/64 (14); 386-388) 12)Mohammadi, Dara. “Finding Patient Zero.” The Pharmaceutical Journal. 17 Jan 2015, Vol 294, No 7845, online DOI: 10/1211/PJ.2015.200067543. 13)"Prosecutions for HIV Exposure in the United States, 2008–2013". The Center for HIV Law & Policy, Positive Justice Project. Retrieved.

Scott Vander Wiel, Sarah Burke-Spolaor, Earl Lawrence et al.

Statistical interpretation of sparsely sampled event rates has become vital for new transient surveys, particularly those aimed at detecting fast radio bursts (FRBs). We provide an accessible reference for a number of simple, but critical, statistical questions relevant for current transient and FRB research and utilizing the negative binomial model for counts in which the count rate parameter is uncertain or randomly biased from one study to the next. We apply these methods to re-assess and update results from previous FRB surveys, finding as follows. 1) Thirteen FRBs detected across five high-Galactic-latitude (> 30$^\circ$) surveys are highly significant $(p = 5\times 10^{-5})$ evidence of a higher rate relative to the single FRB detected across four low-latitude (< 5$^\circ$) surveys, even after accounting for effects that dampen Galactic plane sensitivity. High- vs. mid-latitude (5 to 15$^\circ$) is marginally significant $(p = 0.03)$. 2) A meta analysis of twelve heterogeneous surveys gives an FRB rate of 2866 sky$^{-1}$ day$^{-1}$ above 1 Jy at high Galactic latitude (95% confidence 1121 to 7328) and 285 sky$^{-1}$ day$^{-1}$ at low/mid latitudes (95% from 48 to 1701). 3) Using the Parkes HTRU high-latitude setup requires 193 observing hours to achieve 50% probability of detecting an FRB and 937 hours to achieve 95% probability, based on the ten detections of (Champion et al. 2016) and appropriately accounting for uncertainty in the unknown Poisson rate. 4) Two quick detections at Parkes from a small number of high-latitude fields (Ravi et al. 2015; Petroff et al. 2015) tentatively favor a look long survey style relative to the scan wide HTRU survey, but only at $p = 0.07$ significance.