scholarly journals Privacy Harms

2019 ◽  
Author(s):  
Ignacio Cofone ◽  
Adriana Robertson
Keyword(s):  
Strict Liability ◽  
Standard Of Care ◽  
Third Party ◽  
Privacy Preferences ◽  
Privacy Law ◽  
The Common ◽  
Definition Of ◽  
Gray Areas ◽  
First Time ◽  
Do So

Privacy loss is central to privacy law scholarship, but a clear definition of the concept remains elusive. We present a model that both captures the essence of privacy loss and can be easily applied to policy evaluations and doctrinal debates. To do so, we use standard Bayesian statistics to formalize a key intuition: that information privacy is fundamentally linked to how much other people know about you. A key advantage of our model is that, for the first time, it takes privacy preferences seriously while maintaining tractability. Another key advantage is that, by viewing privacy as a continuum, it is more realistic and is better suited for evaluating “gray areas” than prior models.We apply this framework to two central areas of privacy law: the common law privacy tort and the Fourth Amendment’s third-party doctrine. In the tort context, we first show how our proposal helps to clarify current law, and then use it to distinguish between the two interests protected by the privacy tort: privacy interests and reputational interests. We then propose a simple framework for judges to use in providing remedies for both classes of claims. We then move on to the third party doctrine. We show that many of the shortcomings associated with the doctrine stem from the misguided assumption that privacy is dichotomous rather than a spectrum, as in our model. We then liken this to the standard of care familiar from tort law, and show how the current doctrine results in the equivalent of a strict liability standard, rather than a more appropriate negligence-based standard.

scholarly journals Stratified randomization for platform trials with differing experimental arm eligibility

2021 ◽  
pp. 174077452110288
Author(s):  
Subodh Selukar ◽  
Susanne May ◽  
Dave Law ◽  
Megan Othus
Keyword(s):  
Cancer Therapeutics ◽  
Standard Of Care ◽  
Worked Examples ◽  
Single Trial ◽  
Eligibility Criteria ◽  
Safety Issues ◽  
Use Of Resources ◽  
The Common ◽  
Conventional Methods ◽  
Do So

Background: Platform trials facilitate efficient use of resources by comparing multiple experimental agents to a common standard of care arm. They can accommodate a changing scientific paradigm within a single trial protocol by adding or dropping experimental arms—critical features for trials in rapidly developing disease areas such as COVID-19 or cancer therapeutics. However, in these trials, efficacy and safety issues may render certain participant subgroups ineligible to some experimental arms, and methods for stratified randomization do not readily apply to this setting. Methods: We propose extensions for conventional methods of stratified randomization for platform trials whose experimental arms may differ in eligibility criteria. These methods balance on a prespecified set of stratification variables observable prior to arm assignment that remains the same across experimental arms. To do so, we suggest modifying block randomization by including experimental arm eligibility as a stratifying variable, and we suggest modifying the imbalance score calculation in dynamic balancing by performing pairwise comparisons between each eligible experimental arm and standard of care arm participants eligible to that experimental arm. Results: We provide worked examples to illustrate the proposed extensions. In addition, we also provide a formula to quantify the relative efficiency loss of platform trials with varying eligibility compared with trials with non-varying eligibility as measured by the size of the common standard of care arm. Conclusions: This article presents important extensions to conventional methods for stratified randomization in order to facilitate the implementation of platform trials with differing experimental arm eligibility.

scholarly journals BARKING UP THE WRONG TREE ‒ THE ACTIO DE PAUPERIE REVISITED Van Meyeren v Cloete (636/2019) [2020] ZASCA 100 (11 September 2020)

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
André Mukheibir
Keyword(s):  
South African ◽  
Common Law ◽  
Strict Liability ◽  
Third Party ◽  
Roman Law ◽  
The South ◽  
The Supreme Court ◽  
Pain And Suffering ◽  
The Common ◽  
Law Of Delict

It is trite that the South African law of delict follows a generalising approach. This entails that liability will only ensue when all the elements of delict are present. South African law does not recognise individual “delicts”. The generalising approach followed in South African law is qualified in that there are three main delictual actions, namely the actio legis Aquiliae for patrimonial loss; the actio inuriarum for loss arising from intentional infringements of personality rights; and the Germanic action for pain and suffering, in terms of which a plaintiff can claim compensation for negligent infringements of the physical-mental integrity. This approach is further qualified in that numerous actions dating back to Roman law still exist in our law today. Included in this mix are the actions for harm caused by animals, such as the actio de pauperie, the actio de pastu, and the actio de feris, each with its own requirements. There have been questions as to whether these actions, in particular the actio de pauperie, still form part of South African law. In Loriza Brahman v Dippenaar (2002 (2) SA 477 (SCA) 487) the defendant claimed that the actio was no longer part of the South African law. The Supreme Court of Appeal (SCA) per Olivier JA held that the actio de pauperie had been part of South African law for more than 24 centuries and not fallen into disuse. Olivier JA held that the fact that the action is based on strict liability (one of the arguments raised against it) is no reason to ban it from South African law as strict liability was increasing and in suitable instances fulfils a useful function.The SCA, again, recently confirmed the continued existence of the action in South African law in the case of Van Meyeren v Cloete ((636/2019) [2020] ZASCA 100 (11 September 2020) 40). In this case, the SCA had to decide whether to extend the defences against liability in terms of the actio de pauperie to the negligence of a third party that was not in control of the animal. The defendant held that the court should develop the common law in this regard. Considering both case law and the requirements for the development of the common law, the SCA held that such an extension could not be justified.

The Revolution in Freedoms of Press and Speech

2020 ◽  
Author(s):  
Wendell Bird
Keyword(s):  
First Amendment ◽  
Common Law ◽  
Quarter Century ◽  
Conventional View ◽  
The Press ◽  
History Of ◽  
Narrow Definition ◽  
The Common ◽  
Definition Of ◽  
First Time

This book discusses the revolutionary broadening of concepts of freedoms of press and speech in Great Britain and in America during the quarter century before the First Amendment and Fox’s Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly. In that view, Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized that common law in giving very narrow definitions of those freedoms as mere liberty from prior restraint and not as liberty from punishment after printing or speaking (the political crimes of seditious libel and seditious speech). Today, that view continues to be held by neo-Blackstonians, and remains dominant or at least very influential among historians. Neo-Blackstonians claim that the Framers used freedom of press “in a Blackstonian sense to mean a guarantee against previous restraints” with no protection against “subsequent restraints” (punishment) of seditious expression. Neo-Blackstonians further claim that “[n]o other definition of freedom of the press by anyone anywhere in America before 1798” existed. This book, by contrast, concludes that a broad definition and understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox’s Libel Act. Its basis is hundreds of examples of a broad understanding of freedoms of press and speech, in both Britain and America, in the late eighteenth century. For example, a book published in London in 1760 by a Scottish lawyer, George Wallace, stated that it is tyranny “to restrain the freedom of speculative disquisitions,” and because “men have a right to think for themselves, and to publish their thoughts,” it is “monstrous … under the pretext of the authority of laws, which ought never to have been enacted … attempting to restrain the liberty of the press” (seditious libel law). This book also challenges the conventional view of Blackstone and the neo-Blackstonians. Blackstone and Mansfield did not find any definition in the common law, but instead selected the narrowest definition in popular essays from the prior seventy years. Blackstone misdescribed it as an accepted common law definition, which in fact did not exist, and a year later Mansfield inserted a similar definition into the common law for the first time. Both misdescribed that narrow definition and the unique rules for prosecuting sedition as ancient. They were leading a counter-revolution, cloaked as a summary of a narrow and ancient common law doctrine that was neither.

Blackstone’s and Mansfield’s Narrow Liberties of Press and Speech, and Broad Crimes of Seditious Libel and Seditious Words

2020 ◽  
pp. 19-76
Author(s):  
Wendell Bird
Keyword(s):  
Common Law ◽  
Chief Justice ◽  
Ancient Law ◽  
The Common ◽  
Definition Of ◽  
First Time ◽  
Prior Restraint

The narrow understanding of freedoms of press and speech, adopted by Sir William Blackstone and Lord Chief Justice Mansfield, defined those freedoms as no more than liberty from a government-issued license or other prior restraint, with no liberty from punishment of sentiments once printed or spoken. In doing that, the last volume of Blackstone’s Commentaries in 1769 summarized a narrow common law definition of freedoms of press and speech that did not exist in common law. Mansfield’s decisions introduced a similar definition into the common law for the first time the year after that. Besides describing a new definition as ancient, both Blackstone and Mansfield described the related framework for prosecuting sedition as being ancient and universally accepted, when in fact it was a collection of unique rules adopted and manufactured seventy years before and recently revised. Blackstone and Mansfield were not declaring ancient law but were creating new law.

scholarly journals Nectar bacteria, but not yeast, weaken a plant–pollinator mutualism

2013 ◽  
Vol 280 (1752) ◽  
pp. 20122601 ◽  
Author(s):  
Rachel L. Vannette ◽  
Marie-Pierre L. Gauthier ◽  
Tadashi Fukami
Keyword(s):  
Seed Set ◽  
Total Sugar ◽  
Third Party ◽  
Pollination Success ◽  
Mutualistic Interactions ◽  
Total Sugar Concentration ◽  
The Common ◽  
Nectar Chemistry ◽  
Plant Pollinator ◽  
Do So

Mutualistic interactions are often subject to exploitation by species that are not directly involved in the mutualism. Understanding which organisms act as such ‘third-party’ species and how they do so is a major challenge in the current study of mutualistic interactions. Here, we show that even species that appear ecologically similar can have contrasting effects as third-party species. We experimentally compared the effects of nectar-inhabiting bacteria and yeasts on the strength of a mutualism between a hummingbird-pollinated shrub, Mimulus aurantiacus , and its pollinators. We found that the common bacterium Gluconobacter sp., but not the common yeast Metschnikowia reukaufii , reduced pollination success, seed set and nectar consumption by pollinators, thereby weakening the plant–pollinator mutualism. We also found that the bacteria reduced nectar pH and total sugar concentration more greatly than the yeasts did and that the bacteria decreased glucose concentration and increased fructose concentration whereas the yeasts affected neither. These distinct changes to nectar chemistry may underlie the microbes' contrasting effects on the mutualism. Our results suggest that it is necessary to understand the determinants of microbial species composition in nectar and their differential modification of floral rewards to explain the mutual benefits that plants and pollinators gain from each other.

scholarly journals EXPRESSION OF THE CONCEPT “THICK” IN BURYAT AND CHINESE: PERCEPTIVE ASPECT

2021 ◽  
pp. 152-159
Author(s):  
BABASAN D. TSYRENOV ◽  
◽  
MARINA B.-O. KHAIDAPOVA ◽  
Keyword(s):  
Topological Type ◽  
Continuous Sampling ◽  
Time Translation ◽  
Topological Parameter ◽  
General Scientific ◽  
The Common ◽  
The Difference ◽  
Definition Of ◽  
The Comparative Study ◽  
First Time

The article discusses the patterns of expressing the concept "thick" in two typologically and genetically unrelated languages - Buryat and Chinese. The research of different concepts manifestation in unrelated languages has recently become widespread, and the comparative study of Buryat and Chinese in this regard is conducted for the first time. Translation dictionaries and electronic corpora of the languages were taken as sources for the material from which the necessary tokens were selected using continuous sampling method. To interpret the obtained examples in various contexts, we applied a general scientific method and comparative analysis techniques. As a result, it was discovered that despite the difference in the genesis and typology of Buryat and Chinese, common patterns in the concept expression were found. The common pattern is the differentiation by "topological type", which dictates the use of synonymous words to denote the thickness of objects with different geometric parameters. According to the topological parameter, the objects can be classified as relatively flat (zuzaan, Chinese 厚 hou) or relatively cylindrical (buduun and粗 si), and this can also be applied to the parameters of the human body. Another common feature is the expression of human fatness (fat) in correlation with domestic animals’ fatness degree: targan and 肥 fei. In this context, the definition of fatness has negative connotation.

scholarly journals Yet Another Statistical Analysis of Bob Ross Paintings

2016 ◽  
Author(s):  
Christopher Steven Marcum
Keyword(s):  
Statistical Analysis ◽  
Future Research ◽  
Common Variation ◽  
The Common ◽  
Shared Variance ◽  
First Time ◽  
Do So

In this paper, we analyze a sample of clippings from paintings by the lateartist Bob Ross.Previous work focused on the qualitative themes of his paintings (Hickey,2014); here, we expand on that line of research by considering thecolorspace and luminosity values as our data. Our results demonstrate thesubtle aesthetics of the average Ross painting, the common variation sharedby his paintings, and the structure of the relationships between eachpainting in our sample. We reveal, for the first time, renderings of theaverage paintings and introduce “eigenross” components to identify andevaluate shared variance. Additionally, all data and code are embedded inthis document to encourage future research, and, in the spirit of Bob Ross,to teach others how to do so.

I. Attainder and Forfeiture, 1453 To 1509

1961 ◽  
Vol 4 (2) ◽  
pp. 119-151 ◽  
Author(s):  
J. R. Lander
Keyword(s):  
Married Woman ◽  
Maternal Inheritance ◽  
Common Law ◽  
Richard Ii ◽  
The Family ◽  
The Common ◽  
The Law ◽  
Late Fifteenth ◽  
Definition Of ◽  
First Time

Attainder was the most solemn penalty known to the common law. Attainder for treason was followed not only by the most savage and brutal corporal penalties and the forfeiture of all possessions, but in addition the corruption of blood passing to all direct descendants, in other words, by the legal death of the family. Before proceeding to an examination of the effects of parliamentary acts of attainder in the late fifteenth and early sixteenth centuries it is necessary first of all to define the scope of forfeiture for treason as it affected landed property. Bracton's classic definition of forfeiture had involved for the traitor ‘the loss of all his goods and the perpetual disinheritance of his heirs, so that they may be admitted neither to the paternal nor to the maternal inheritance’. Feudal opinion had always been very much opposed to the stringency of this conception and the Edwardian statute De Donis Conditionalibus, confirmed implicitly by the treason statute of 1352, had protected entailed estates from the scope of forfeiture, thus leaving only the fee simple and the widow's dower within the scope of the law. The wife's own inheritance or any jointure which had been made for her, because they ante-dated her husband's treason, as distinct from her right to dower which did not, were not liable to ultimate forfeiture—though a married woman could claim them only when ‘her time came according to the common law’, that is after the death of her husband when she ceased to be ‘femme couvert’. This equitable principle was confirmed by a statute of the Merciless Parliament of 1388 which, however, included for the first time the rule that lands held to the use of a traitor were also included in the scope of forfeiture. Thus, by 1388, of the lands held by a traitor (as distinct from the wife's inheritance and jointure), only those held in fee tail fell outside the scope of the treason laws. This loophole was closed by Richard II in 1398 when Parliament declared forfeit entailed estates as well as lands held in fee simple and to the use of a traitor, thus reverting with one exception to Bracton's view of forfeiture.

Anger and Fear as Justifiable Preludes for Loss of Self-Control

2010 ◽  
Vol 74 (3) ◽  
pp. 223-241 ◽  
Author(s):  
Susan S. M. Edwards
Keyword(s):  
Battered Women ◽  
Common Law ◽  
Self Control ◽  
Loss Of Self ◽  
The Common ◽  
The Government ◽  
Definition Of ◽  
First Time ◽  
New Criteria ◽  
Law Commission

Following the Coroners and Justice Act 2009, s. 56, the common law defence of provocation, which depended on a sudden and temporary loss of self-control (following R v Duffy1), is now abolished, as is s. 3 of the Homicide Act 1957. In its place is substituted a statutory defence of loss of self-control, which relies on some of the principles that constituted the grounds for provocation, its predecessor. For the first time fear qualifies as a new ground for loss of self-control (2009 Act, s. 55(3)). This article examines the new partial defence of ‘loss of self-control’ and considers what distinguishes the new defence from its predecessor and the features which are retained. It also evaluates whether the overarching objectives of restricting the ambit of the earlier defence and providing a new defence for battered women, shared by both the Law Commission and the government, are well considered and likely to be achievable. The new partial defence will be considerably restricted both by the new criteria and by returning the power to the judge, as ‘gatekeeper’, to prohibit an un***meritorious defence from going to the jury (2009 Act, s. 54(6)). The inclusion of fear as a new ground for loss of self-control will continue to present difficulties as long as the definition of ‘extremely grave’, a requisite of the qualifying trigger to this loss of self-control, is a jury question, and also insofar as ‘justifiable sense of being seriously wronged’ is to be judged on objective grounds. Further difficulties are presented by the requirement that the capacity for self-control, now expressed as the ‘tolerance’ and ‘restraint’, required of the defendant, is to be decided on objective grounds.

scholarly journals The proteome, not the transcriptome, predicts that oocyte superovulation affects embryonic phenotypes in mice

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Leila Taher ◽  
Steffen Israel ◽  
Hannes C. A. Drexler ◽  
Wojciech Makalowski ◽  
Yutaka Suzuki ◽  
...  
Keyword(s):  
Oocyte Quality ◽  
Phenotypic Traits ◽  
Oocyte Diameter ◽  
Common View ◽  
Molecular Embryology ◽  
The Common ◽  
Definition Of ◽  
Proteome Changes ◽  
Open Question ◽  
First Time

AbstractSuperovulation is the epitome for generating oocytes for molecular embryology in mice, and it is used to model medically assisted reproduction in humans. However, whether a superovulated oocyte is normal, is an open question. This study establishes for the first time that superovulation is associated with proteome changes that affect phenotypic traits in mice, whereas the transcriptome is far less predictive. The proteins that were differentially expressed in superovulated mouse oocytes and embryos compared to their naturally ovulated counterparts were enriched in ontology terms describing abnormal mammalian phenotypes: a thinner zona pellucida, a smaller oocyte diameter, increased frequency of cleavage arrest, and defective blastocyst formation, which could all be verified functionally. Moreover, our findings indicate that embryos with such abnormalities are negatively selected during preimplantation, and ascribe these abnormalities to incomplete ovarian maturation during the time of the conventional superovulation, since they could be corrected upon postponement of the ovulatory stimulus by 24 h. Our data place constraints on the common view that superovulated oocytes are suitable for drawing general conclusions about developmental processes, and underscore the importance of including the proteins in a modern molecular definition of oocyte quality.

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