scholarly journals Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?

2013 ◽  
Vol 16 (1) ◽  
pp. 143-201 ◽  
Author(s):  
Lucinda Vandervort
Keyword(s):  
Legal Reasoning ◽  
Decision Makers ◽  
Sexual Consent ◽  
Legal Analysis ◽  
Voluntary Agreement ◽  
The Rule Of Law ◽  
Trial Judges ◽  
Stranger Danger ◽  
The Impact ◽  
Affirmative Consent

This article proposes a rigorous method to map the law on to the facts in the legal analysis of sexual consent using a series of mandatory questions of law designed to eliminate the legal errors often made by decision makers who routinely rely on personal beliefs about and attitudes toward “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well—acquaintances, supervisors or coworkers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges to truncate legal analysis of the facts and leap to erroneous conclusions about consent. Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of prejudgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and to produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used.

Legal aspects of accounting: theoretical foundations and practical implementation

2019 ◽  
Author(s):  
Марина Акатьева ◽  
Marina Akateva
Keyword(s):  
Legal Aspects ◽  
Essential Elements ◽  
Economic Life ◽  
Practical Implementation ◽  
Legal Analysis ◽  
The Rule Of Law ◽  
Legal Nature ◽  
Economic Profile ◽  
The Impact ◽  
Theoretical Foundations

This monographic study is devoted to one of the most pressing problems of the rule of law - to determine the nature and forms of interaction of accounting and legal aspects in the accounting of economic entities. The essential elements of accounting and its methodology, the features of legal analysis of the facts of economic life, the specifics of the practical implementation of professional competences of accounting and legal nature are considered. Considerable attention is paid to determining the impact of risks on the implementation of accounting, its organization and improvement. For researchers, specialists of accounting and economic profile, other specialists, as well as graduate students and students.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

What is the Business with AI? Preparing Future Decision Makers and Leaders

2020 ◽  
Author(s):  
Helena S. Wisniewski
Keyword(s):  
Data Science ◽  
Decision Makers ◽  
Management Skills ◽  
Business Courses ◽  
College Of Business ◽  
College Of Engineering ◽  
Investment Firm ◽  
Business Curricula ◽  
The University ◽  
The Impact

With companies now recognizing how artificial intelligence (AI), digitalization, the internet of things (IoT), and data science affect value creation and the maintenance of a competitive advantage, their demand for talented individuals with both management skills and a strong understanding of technology will grow dramatically. There is a need to prepare and train our current and future decision makers and leaders to have an understanding of AI and data science, the significant impact these technologies are having on business, how to develop AI strategies, and the impact all of this will have on their employees’ roles. This paper discusses how business schools can fulfill this need by incorporating AI into their business curricula, not only as stand-alone courses but also integrated into traditional business sequences, and establishing interdisciplinary efforts and collaborative industry partnerships. This article describes how the College of Business and Public Policy (CBPP) at the University of Alaska Anchorage is implementing multiple approaches to meet these needs and prepare future leaders and decision makers. These approaches include a detailed description of CBPP’s first AI course and related student successes, the integration of AI into additional business courses such as entrepreneurship and GSCM, and the creation of an AI and Data Science Lab in partnership with the College of Engineering and an investment firm.

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

Applying Synthetic Control Method to Estimate the Impact of the Lava Jato Operation on the Worldwide Governance Indicators in Brazil

2021 ◽  
pp. 2631309X2110178
Author(s):  
Eduardo Carvalho Nepomuceno Alencar ◽  
Bryant Jackson-Green
Keyword(s):  
Rule Of Law ◽  
Control Method ◽  
Synthetic Control ◽  
Synthetic Control Method ◽  
The Rule Of Law ◽  
Governance Indicators ◽  
Regulatory Quality ◽  
Legal Judgments ◽  
The Impact ◽  
Control Of Corruption

In 2014, the most prominent anti-corruption investigation in Latin America called Lava Jato, exposed a Brazilian corruption scheme with reverberations in 61 countries, resulting in legal judgments for nearly 5 billion USD in reimbursements thus far. This article applies the synthetic control method on data from 135 countries (2002–2018) to test the hypothesis that Lava Jato impacts the Worldwide Governance Indicators in Brazil. The findings reveal that Lava Jato negatively affects control of corruption, the rule of law, and regulatory quality. There are signs of possible improvement in at least the corruption and the rule of law measures. This paper brings value to the criminological body of literature, notably lacking in the Global South.

scholarly journals An evaluation of the Victorian Salt Reduction Partnership’s advocacy strategy for policy change

2021 ◽  
Vol 19 (1) ◽  
Author(s):  
Emalie Rosewarne ◽  
Michael Moore ◽  
Wai-Kwan Chislett ◽  
Alexandra Jones ◽  
Kathy Trieu ◽  
...  
Keyword(s):  
Public Health ◽  
Policy Change ◽  
Action Plan ◽  
Evaluation Framework ◽  
Decision Makers ◽  
Health Advocacy ◽  
Salt Reduction ◽  
Public Health Advocacy ◽  
The Creation ◽  
The Impact

Abstract Background Public health advocacy strategies facilitate policy change by bringing key health issues to the forefront of public and political discourse, influencing decision-makers and public opinion, and increasing policy demand. The Victorian Salt Reduction Partnership (VSRP) was established in 2014 in response to inadequate government action to improve population diets in Australia. This study aimed to evaluate the success of the VSRP’s advocacy strategy in achieving policy change. Methods Documentation of VSRP activities and outputs were collected, and semi-structured interviews conducted as part of a comprehensive process evaluation. For this study, the Kotter Plus 10-step public health advocacy evaluation framework was used to guide data extraction, analysis, and synthesis. Results A sense of urgency for salt reduction was generated by producing evidence and outlining the potential impact of a state-based salt reduction programme. This enabled the creation of a coalition with diverse skills and expertise, which facilitated the development of an innovative and collaborative advocacy action plan. A clear change vision was established, but communication of the vision to decision-makers was lacking, which reduced the impact of the programme as decision-makers were not provided with a clear incentive for policy change. As a result, while programme outputs were achieved, these did not translate to achieving broader strategic goals during a limited-term intervention in a political climate unconcerned with salt. Conclusions The Kotter Plus 10-step framework was a useful tool for evaluating the success of the VSRP advocacy strategy. The framework enabled the identification of key strengths, including the creation of the guiding coalition, and areas where efforts could be improved in future similar strategies, such as effective communication within partnerships and to decision-makers, to better influence policy and improve public health impact.

scholarly journals A Fractional Approach to a Computational Eco-Epidemiological Model with Holling Type-II Functional Response

Symmetry ◽  
2021 ◽  
Vol 13 (7) ◽  
pp. 1159
Author(s):  
B. Günay ◽  
Praveen Agarwal ◽  
Juan L. G. Guirao ◽  
Shaher Momani
Keyword(s):  
Numerical Method ◽  
Decision Makers ◽  
Derivative Operator ◽  
Research Fields ◽  
Fractional System ◽  
Chaotic Nature ◽  
And Control ◽  
The Impact ◽  
Distinguishing Features ◽  
Type Ii Functional Response

Eco-epidemiological can be considered as a significant combination of two research fields of computational biology and epidemiology. These problems mainly take ecological systems into account of the impact of epidemiological factors. In this paper, we examine the chaotic nature of a computational system related to the spread of disease into a specific environment involving a novel differential operator called the Atangana–Baleanu fractional derivative. To approximate the solutions of this fractional system, an efficient numerical method is adopted. The numerical method is an implicit approximate method that can provide very suitable numerical approximations for fractional problems due to symmetry. Symmetry is one of the distinguishing features of this technique compared to other methods in the literature. Through considering different choices of parameters in the model, several meaningful numerical simulations are presented. It is clear that hiring a new derivative operator greatly increases the flexibility of the model in describing the different scenarios in the model. The results of this paper can be very useful help for decision-makers to describe the situation related to the problem, in a more efficient way, and control the epidemic.

scholarly journals A Study on the Impact of R&D Intensity on Business Performance: Evidence from South Korea

2021 ◽  
Vol 7 (2) ◽  
pp. 135
Author(s):  
Hun Park ◽  
Jun-Hwan Park ◽  
Sujin Lee ◽  
Hyuk Hahn
Keyword(s):  
South Korea ◽  
Research And Development ◽  
Business Performance ◽  
Decision Makers ◽  
The Other ◽  
Research Groups ◽  
Innovative Firms ◽  
The Impact ◽  
Knowledge Services

The role of R&D (research and development) intensity on the effect of knowledge services on the business performance of firms has been discussed by using PLS-SEM and PLS-MGA methods. Research groups were divided into two groups, innovative and non-innovative. Respondents were classified into innovative firms if their R&D intensity was over 3% and vice versa. PLS-SEM and PLS-MGA results were compared for two groups and valuable insights were extracted. For innovative firms, knowledge services seemed to be verified and processed by the decision makers and utilized to achieve their business performance. On the other hand, a large number of non-innovative firms seemed to have a stronger tendency to utilize knowledge services directly for their business without sufficient verification by the decision makers.

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