scholarly journals Tort Liability, Combatant Activities, and the Question of Over-Deterrence

2021 ◽  
pp. 1-35
Author(s):  
Haim Abraham
Keyword(s):  
Legal History ◽  
Tort Law ◽  
Test Case ◽  
Exploratory Research ◽  
Tort Liability ◽  
History Analysis ◽  
Regulatory Measures ◽  
State Actors ◽  
The Impact ◽  
Common Perception

Immunity from tort liability for losses that are inflicted during warfare is often justified by a supposedly intuitive concern: without immunity, states and combatants will be over-deterred from engaging in combat. In this article, I test this common perception using three frameworks. First, I theoretically analyze the impact of tort liability on relevant state actors’ incentives to engage in warfare. This analysis suggests that tort law is likely to under-deter state actors in relation to their decisions on whether and how to conduct hostilities. Second, I test this conclusion through an original mixed-methods exploratory research, using Israel as a test case. My findings reveal that while tort liability under-deters state actors from engaging in warfare, it can prompt them to implement regulatory measures to minimize the state’s liability. Third, I offer a legal history analysis, exploring why Israel established an immunity from tort liability for losses it inflicts during combat in 1951, and why and how this immunity has expanded since. I show that as the Israel-Palestine conflict prolonged and intensified, state actors began viewing Palestinians’ tort claims as a civilian means of warfare and immunity from liability as the weapon needed for defending Israel’s interests.

Uni-Economic & Innovative Property Price Prediction in the HKSAR

2014 ◽  
Vol 2 (1) ◽  
pp. 54-75
Author(s):  
Samuel K. M. Ho ◽  
Marco C. K. Lau
Keyword(s):  
Time Series ◽  
Research Output ◽  
Medical Profession ◽  
Sunspot Cycle ◽  
Test Case ◽  
Exploratory Research ◽  
Property Market ◽  
Oil Crisis ◽  
Financial Indices ◽  
The Impact

Abstract Historically, the study of the world's economy was classified into Micro-economics and Macroeconomics. Perhaps, contemporary economists should learn from the 'astronomists' about the universe which we are part of. We shall name this 'Uni-economics'. Many scientists have found that sunspots affect human behaviour. Some research findings even relate the 11 year periodic cycle to war and peace of mankind. It is also widely-known in the medical profession that sunspot radiation actually affects the physiology of our human body. With all these evidence in mind, the aim of this exploratory research paper is to investigate how sunspot activities can affect the investors' sentiment in the financial world since 1970 when the first post-war financial crisis was built up resulting from the oil crisis in the early '1970s. Time series techniques were deployed to track down the changes of Sunspot Counts over the last 44 years and their impact on the world's 4 main financial indices, i.e., S&P, FTSE, Nikkei & HSI. It was pretty astonishing to find out that, whilst there are insignificant correlations amongst the 4 financial indices over the period under investigation, the impact of the Sunspot Counts on them are highly significant, even on a day-to-day time series analysis. As a corrolary of the finding, the HK Property Market is used as a test case for the research output. It was interesting to find out that, apart from the Solar Minima, the Change-of-Slope from positive to negative also has a significant impact on the HK property prices. Hence, it was evident that there are 2 property clashes during the 11 year sunspot cycle, and their timing can be predicted pretty accurately (2014 & 2019) within +/- one year.

scholarly journals US State Tort Liability Reform and Entrepreneurship

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
John A. Dove ◽  
Laura R. Dove
Keyword(s):  
Civil Liability ◽  
Tort Law ◽  
Entrepreneurial Activity ◽  
Tort Liability ◽  
Us States ◽  
Academic Literature ◽  
Joint And Several Liability ◽  
Contingency Fees ◽  
The Impact ◽  
Noneconomic Damages

AbstractTort and civil liability reform has been a hotly debated issue across US states. This has spawned a large theoretical and empirical academic literature that evaluates the implications of such reform and the impact that it can have on various aspects of an economy. This study adds to that literature by considering how various tort reforms affect entrepreneurial activity across states. The study employs the Database of State Tort Law Reforms (6th Edition) and utilizes the Kauffman Index – an index of entrepreneurial startup activity – between 1996 and 2016, finding that liability reform is generally positively associated with increased entrepreneurial activity. These results are largely driven by joint and several liability, caps on noneconomic damages, limits on contingency fees, and collateral source rules though this latter result is somewhat less robust, while the effects of joint and several liability do not persist through time.

ACCESSIBLE HOUSING AND HEALTH-RELATED QUALITY OF LIFE: MEASUREMENTS OF WELLBEING OUTCOMES FOLLOWING HOME MODIFICATIONS

2016 ◽  
Vol 10 (2) ◽  
pp. 38 ◽  
Author(s):  
Phillippa Carnemolla ◽  
Catherine Bridge
Keyword(s):  
Quality Of Life ◽  
Mixed Method ◽  
Exploratory Research ◽  
Health Related Quality ◽  
Care Giving ◽  
Home Modifications ◽  
Related Quality ◽  
Health Related ◽  
The Impact

The multi-dimensional relationship between housing and population health is now well recognised internationally, across both developing and developed nations. This paper examines a dimension within the housing and health relationship – accessibility – that to date has been considered difficult to measure. This paper reports on the mixed method results of larger mixed-method, exploratory study designed to measure the impact of home modifications on Health-Related Quality of Life, supported by qualitative data of recipients’ experiences of home modifications. Data was gathered from 157 Australian HACC clients, who had received home modifications. Measurements were taken for both before and after home modifications and reveal that home modifications were associated with an average 40% increase in Health-Related Quality of Life levels. The qualitative results revealed that participants positively associated home modifications across six effect themes: increased safety and confidence, improved mobility at home, increased independence, supported care-giving role, increased social participation, and ability to return home from hospital. This exploratory research gives an insight into the potential for accessible architecture to impact improvements in community health and wellbeing.

scholarly journals Photovoltaic Power Forecasting: Assessment of the Impact of Multiple Sources of Spatio-Temporal Data on Forecast Accuracy

Energies ◽  
2021 ◽  
Vol 14 (5) ◽  
pp. 1432
Author(s):  
Xwégnon Ghislain Agoua ◽  
Robin Girard ◽  
Georges Kariniotakis
Keyword(s):  
Satellite Images ◽  
Forecast Accuracy ◽  
Absolute Error ◽  
Data Sources ◽  
Test Case ◽  
Temporal Data ◽  
Multiple Sources ◽  
Forecasting Error ◽  
Spatio Temporal ◽  
The Impact

The efficient integration of photovoltaic (PV) production in energy systems is conditioned by the capacity to anticipate its variability, that is, the capacity to provide accurate forecasts. From the classical forecasting methods in the state of the art dealing with a single power plant, the focus has moved in recent years to spatio-temporal approaches, where geographically dispersed data are used as input to improve forecasts of a site for the horizons up to 6 h ahead. These spatio-temporal approaches provide different performances according to the data sources available but the question of the impact of each source on the actual forecasting performance is still not evaluated. In this paper, we propose a flexible spatio-temporal model to generate PV production forecasts for horizons up to 6 h ahead and we use this model to evaluate the effect of different spatial and temporal data sources on the accuracy of the forecasts. The sources considered are measurements from neighboring PV plants, local meteorological stations, Numerical Weather Predictions, and satellite images. The evaluation of the performance is carried out using a real-world test case featuring a high number of 136 PV plants. The forecasting error has been evaluated for each data source using the Mean Absolute Error and Root Mean Square Error. The results show that neighboring PV plants help to achieve around 10% reduction in forecasting error for the first three hours, followed by satellite images which help to gain an additional 3% all over the horizons up to 6 h ahead. The NWP data show no improvement for horizons up to 6 h but is essential for greater horizons.

scholarly journals Treating Wrongs as Wrongs: An Expressive Argument for Tort Law

2018 ◽  
Vol 10 (2) ◽  
pp. 405-447 ◽  
Author(s):  
Scott Hershovitz
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Tort Reform ◽  
Corrective Justice ◽  
Social Standing ◽  
Tort Liability ◽  
Criminal Punishment ◽  
Expressive Function ◽  
The Social ◽  
The Way

AbstractThe idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment that the defendant wronged the plaintiff. And I explain why it is important to have an institution that expresses that judgment. I argue that we need ways of treating wrongs as wrongs, so that we can vindicate the social standing of victims. Along the way, I consider the continuity between tort and revenge, and I suggest a new way of thinking about corrective justice and the role that tort plays in dispensing it. I conclude by sketching an agenda for tort reform that would improve tort’s ability to serve its expressive function.

Bridging the Accountability Gap in the Protection of Internally Displaced Persons: Non-State Actors Under the Kampala Convention

2021 ◽  
pp. 1-23
Author(s):  
Romola Adeola
Keyword(s):  
The State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Regional Landscape ◽  
State Actors ◽  
Accountability Gap ◽  
The Impact

Abstract Contemporary forms of internal displacement in Africa significantly reflect the emerging footprints of non-state actors on the regional landscape of internal displacement. In recognition of the impact of these actors in the internal displacement context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) specifically obligate states to regulate them in the prevention of arbitrary displacement. This is the central thrust of this article. This article examines the Kampala Convention from the perspective of non-state actors, considering the obligation of the state and the extent to which these actors may be held accountable, in the furtherance of protection and assistance of internally displaced persons (IDP s).

Sondergerichte in den besetzten polnischen Gebieten im Jahr 1939. Eine rechtsgeschichtliche Analyse

2021 ◽  
Vol 138 (1) ◽  
pp. 323-345
Author(s):  
Konrad Graczyk
Keyword(s):  
Legal History ◽  
Third Reich ◽  
The Third ◽  
History Analysis ◽  
Military Administration ◽  
The Third Reich ◽  
The Military

Abstract Special Courts in the Occupied Polish Territories in 1939. A Legal History Analysis. The study is devoted to the first period of activity of German special courts established in Poland in 1939. The basic scope presents the special courts of the Third Reich established on the basis of the regulation of 1933. They were a model for courts established in occupied Poland. Their creation is analyzed on the example of the Special Court in Katowitz (Sondergericht Kattowitz). Then, the activities of special courts in occupied Poland in 1939 are discussed with particular emphasis on case and penalty statistics. Attention is paid to some characteristic phenomena, such as problems with jurisdiction, differences resulting from the establishment of special courts as part of the military administration, and judgment of acts committed before the war and under Polish jurisdiction. The identified cases of violations of law in the activities of special courts in 1939 are also discussed.

Impact of the National Policy on Integrative and Complementary Practices on Brazilian Public Homeopathy Services

Homeopathy ◽  
2021 ◽  
Author(s):  
Renata Lemonica ◽  
Karina Pavao Patricio
Keyword(s):  
Research Study ◽  
National Policy ◽  
Exploratory Research ◽  
The South ◽  
Structured Interviews ◽  
Unified Health System ◽  
East Region ◽  
The Face ◽  
Health Demands ◽  
The Impact

Abstract Background Homeopathy has been experiencing a period of expansion in Brazil due to its practical relevance in the face of new global and national health demands, culminating in the launch in 2006 of the National Policy for Integrative and Complementary Practices (NPICP) by the Ministry of Health of Brazil, which standardized and regularized the position of homeopathy within the Brazilian Unified Health System (SUS). Aims To understand the impact of the guidelines proposed by the NPICP on homeopathy services in the SUS, specifically in the south-east region of Brazil, according to the perceptions of their managers. Methods This is a descriptive, exploratory research study with a qualitative approach, conducted in homeopathy services in the south-east region of Brazil, through semi-structured interviews and with data processed using content analysis. Results The data show the importance of the NPICP in regulating and offering homeopathy in the services studied. However, the NPICP's objective of promoting and fully developing integrative and complementary practices has not been achieved because it has failed to translate strategies into actions. Conclusions Though important to the development of homeopathy services in any given location, policies stated in the NPICP were revealed to have limited impact on the implementation and development of new services. Without further legislation, training programs and appropriate budget allocation, new services will be unable to thrive and their users unable to benefit from a more comprehensive approach to healthcare.

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