scholarly journals Incremental Learned Hand Standard, Degrees of Negligence and Allocation of Damages: a Comparative Tort Law and Economics Approach

2020 ◽  
Vol 11 (1) ◽  
pp. 48
Author(s):  
Eugenio Battesini
Keyword(s):  
Law And Economics ◽  
Legal Practice ◽  
Objective Criterion ◽  
Economics Literature ◽  
Tort System ◽  
Full Compensation ◽  
Legal Technology ◽  
Comparative Negligence ◽  
Theoretical Foundations

The incremental Learned Hand standard is recognized as the main contribution of the law and economics literature to legal practice, as an objective criterion of negligence assessment. Traditionally, negligence gradation has been a factor considered by legal technology to allocate the damages. However, one of the main problems in legal practice lies in the establishment of objective criteria for quantitative assessment of the reduction or increase in the indemnity-damage ratio, considering the degree of negligence of the injurer and of the victim. Withal, is it possible to use the incremental Learned Hand standard as criterion of negligence graduation in order to allocate the damages? Using the theoretical foundations of law and economics literature in conjunction with the traditional legal classification of negligence into severe, ordinary and slight, and considering the Brazilian tort system as analytical basis, the paper shows that the answer is positive. The basic idea is that the incremental Learned Hand standard is an algorithm which can be employed in legal practice to systematize the allocation of damages, performing, according to the degree of negligence of the injurer and of the victim, the full compensation or the decouple of the indemnity from the damages, streamlining the application of legal institutes such as comparative negligence, punitive damages, and equitable reduction of compensation (fairness).

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Business process management: from theory to practice

2021 ◽  
Author(s):  
Tat'yana Maslevich
Keyword(s):  
Business Process ◽  
Business Process Management ◽  
Process Management ◽  
Self Control ◽  
Federal State ◽  
Mba Programs ◽  
Modern Enterprise ◽  
State Educational ◽  
Theoretical Foundations

The textbook examines the theoretical foundations of business process management of a modern enterprise, presents a practical approach to the identification, classification of processes and implementation of process management, which can be applied in practice in the activities of organizations in the context of innovation and digital transformation of business. At the end of the chapters, there are questions, test and practical tasks for the purpose of self-control on the development of the material. Meets the requirements of the federal state educational standards of higher education of the latest generation. It is recommended for use by teachers, undergraduate and graduate students and students of MBA programs studying in economic disciplines, management and management activities, as well as specialists of economic, consulting, innovation, and planning departments of enterprises.

scholarly journals Consumer Inertia, the New Economy and EU Competition Law

2018 ◽  
Vol 2 (1) ◽  
pp. 47-53
Author(s):  
Vladimir Bastidas Venegas
Keyword(s):  
Law And Economics ◽  
New Economy ◽  
Behavioural Economics ◽  
Information Costs ◽  
Long Term Effects ◽  
Default Option ◽  
Customer Base ◽  
Economics Literature ◽  
The Status ◽  
Social Media Platforms

Services and goods in the new economy, such as social media platforms and applications, are often offered to end-consumers for “free”. This may cause problems for the application of traditional antitrust doctrines, such as tying or other forms of leveraging, which normally have been applied to products and services offered at a price. As illustrated by the Microsoft I decision (Windows Media Player), it is not self-evident that the bundling of an application with an operating system results in coercion, the pressure to consume the “tied” product, if consumers have a de facto possibility to download competing products for free. Moreover, the availability of competing products for free may also affect the long-term effects in the market, as both the existing customer base and new customers may easily shift their consumption, which decreases potential “lock-in” effects. This propensity and capability of customers to choose products or services other than the predefined “default” option, e.g. by being included in a bundle, was also relevant in the recent Google decision (Shopping), which concerned the company’s preferential placement of its own advertising messages in internet searches. In both Microsoft I and the Google decision, it was found that consumers were unable to choose products and services other than the default option, so-called consumer inertia. Consumer inertia has been explained both by the traditional law and economics literature and behavioural economics with switching costs, information costs and the status quo bias. Accordingly, this article explores the concept of consumer inertia in the light of the law and economics literature, in particular behavioural economics, to determine the factors which are relevant for establishing the presence of consumer inertia in individual antitrust cases concerning the new economy. Moreover, the article evaluates to what extent the use of consumer inertia in cases from the Union courts and the Commission is consistent with economic theory.

scholarly journals Vulnerability and Primary Health Care: An Integrative Literature Review

2021 ◽  
Vol 12 ◽  
pp. 215013272110497
Author(s):  
Janise Braga Barros Ferreira ◽  
Luciane Loures dos Santos ◽  
Luciana Cisoto Ribeiro ◽  
Belkiss Rolim Rodrigues Fracon ◽  
Sabrina Wong
Keyword(s):  
Health Care ◽  
Primary Health Care ◽  
Literature Review ◽  
Scientific Literature ◽  
Inclusion Criteria ◽  
Primary Health ◽  
Theoretical Perspectives ◽  
Final Sample ◽  
Theoretical Foundations

The objective was to analyze the evidence available in the scientific literature on the concept of vulnerability, in theoretical perspectives and its use, in Primary Health Care. An integrative literature review was carried out with the inclusion criteria: articles in English, full text, peerreviewed, related to vulnerability and primary health care, with the explicit concept of vulnerability, and published until July 31, 2020. The electronic databases accessed were by crossing the descriptors “vulnerability,” “vulnerabilities,” “primary health care,” “primary healthcare,” and “primary care.” The final sample consisted of 19 articles. The thematic analysis produced 2 themes: “Theoretical foundations of the concept of vulnerability” and “The use of the concept of vulnerability in PHC.” In the second theme, 2 sub-themes emerged: Evaluation of health policies, programs, and services and Classification of individuals, groups, and families. There was a plurality of theoretical foundations for the concept of vulnerability and a smaller scope of its use in Primary Health Care. It is expected that the study will subsidize public policymakers and health teams in the design of services and actions aimed at vulnerable populations and in situations of vulnerability.

Behavioral Law and Economics of Property Law

2014 ◽  
pp. 376-404 ◽  
Author(s):  
Daphna Lewinsohn-Zamir
Keyword(s):  
Current Literature ◽  
Law And Economics ◽  
Behavioral Analysis ◽  
Future Research ◽  
Property Law ◽  
Liability Rules ◽  
Commercial Property ◽  
Economics Literature ◽  
Behavioral Law And Economics

This chapter critically surveys the behavioral law-and-economics literature on property law. First, it sketches the main features of existing studies and their tendency to excessively focus on certain topics, such as the home. The chapter then discusses various issues with respect to which behavioral analysis has made an impact, such as the characterization of property as a “thing” or as a “bundle of sticks,” compensation for takings of property, the choice between property rules and liability rules, and redistribution through rules of property law. The chapter proceeds to highlight several gaps in the current literature, such as the disregard of commercial property, fungible property, and movables. Finally, the chapter addresses the desirability and possibility of debiasing, and offers recommendations for future research.

Medication Overuse Headache and Applicability of the ICHD-II Diagnostic Criteria: 1-Year Follow-Up Study (CARE I Protocol)

Cephalalgia ◽  
2009 ◽  
Vol 29 (2) ◽  
pp. 233-243 ◽  
Author(s):  
N Ghiotto ◽  
G Sances ◽  
F Galli ◽  
C Tassorelli ◽  
E Guaschino ◽  
...  
Keyword(s):  
Diagnostic Criteria ◽  
Drug Withdrawal ◽  
Medication Overuse ◽  
Medication Overuse Headache ◽  
Clinical Situation ◽  
Objective Criterion ◽  
Drug Overuse ◽  
Diagnostic Criterion

Medication overuse headache (MOH) is a growing problem worldwide and a challenge for clinicians and investigators. This study aims to contribute to the ongoing debate surrounding the classification of MOH. Applying the revised diagnostic criteria for MOH contained in the updated International Classification of Headache Disorders (ICHD-II), we enrolled 140 probable MOH (p-MOH) patients. They were submitted to an in-patient detoxification protocol and re-examined 2, 6 and 12 months later to confirm, or otherwise, the diagnosis of MOH and to observe the evolution of their headache. MOH diagnosis was confirmed 2 months after detoxification in 71% of patients, who reverted to an episodic headache pattern and stopped their drug overuse The overall clinical situation at 2 months closely reflected the 1-year trend. The 2-month period after drug withdrawal should be retained as a diagnostic criterion in the ICHD-II because it is useful not only as a diagnostic parameter, but also as predictor of a good outcome of 1-year drug withdrawal. In addition, the present findings point to the need for a more objective criterion to quantify headache frequency after drug withdrawal.

scholarly journals SPECIFIC FEATURES AND CLASSIFICATION OF DOCUMENTS AND INFORMATION RESOURCES

2021 ◽  
Author(s):  
Lesia Kovalska
Keyword(s):  
Information Resources ◽  
Information Resource ◽  
Historical Study ◽  
Archival Science ◽  
Records Management ◽  
Historical Records ◽  
Historical Document ◽  
Source Studies ◽  
Theoretical Foundations

The purpose of the article is to clarify the specific features of documentary information resources determine the theoretical foundations of the process of their classification, development of classification models based on documentary and source methodology. Research methodology. Methods of historical document science, source studies, archival science were applied, which allowed establishing the attribute of the documentary information resource and its classification within the limits of document science theory. The scientific novelty of the work is to establish the specific features of documentary information resources, identify information characteristics, disclose internal and external features of documents, their further classification as a documentary source of information stored in archives, museums, and libraries. Conclusions. The study made it possible to generalize the theoretical knowledge of historical records management and source study about the specific features of the documentary-information resource and the process of their subsequent classification. Systematization and classification of documentary and information resources expand the possibilities of studying the theoretical foundations of a document, allows you to create a holistic comprehensive vision of the external and internal features of a document as an information resource and a means of communication from the point of view of theoretical and thematic-applied problems. Historical records management, archival studies, and source studies provide for the use of interdisciplinary methodological foundations of scientific research of documentary and information resources. The process of classifying documentary and informational resources of a specific problem-historical study includes the fact that they are an organic component of the informational past of Ukraine.Key words: classification, documentary information resource, document, historical document science, source science, archival science, social communication.

scholarly journals Intelligent system for monitoring the air pollution of the city in real time

2019 ◽  
Vol 2 (1) ◽  
pp. 579-588 ◽  
Author(s):  
Mykhailo Lobur ◽  
Krzysztof Pytel ◽  
Uliana Marikutsa ◽  
Dmitrij Korpyljov
Keyword(s):  
Air Pollution ◽  
Real Time ◽  
Intelligent System ◽  
Software Product ◽  
Visualization Systems ◽  
A Site ◽  
User Friendly ◽  
The City ◽  
Theoretical Foundations

Abstract The article reveals the theoretical foundations, types of pollutants, classification of monitoring and visualization systems of air pollution. A description of the design of the structure of the system is described, its components are described in detail, and the justification of the selected technologies is given. In general, the system consists of two parts: a device for collecting air pollution data and a site that displays these data in user-friendly form. Graphic images that display the appearance of a software product are also added.

scholarly journals The Impact of Economics on Competition Law in New Zealand Some Reflections on the First Decade

1996 ◽  
Vol 26 (1) ◽  
pp. 17
Author(s):  
Mark N Berry
Keyword(s):  
Decision Making ◽  
New Zealand ◽  
Law And Economics ◽  
Competition Law ◽  
Institutional Framework ◽  
Decision Making Process ◽  
Future Trends ◽  
Brief Assessment ◽  
The Impact ◽  
Theoretical Foundations

The economic focus of the Commerce Act 1986 is unique in New Zealand, both in terms of its theoretical foundations and its institutional framework. The author reflects on these features of the Act and the impact that economics has had on the decision-making process. This article reviews the New Zealand landscape in terms of the goals of the Commerce Act, its institutional framework, and the manner in which the strict rules of evidence may be relaxed. It then considers, by using Justice Breyer's framework (in S J Breyer "Economics and Judging: An Afterword on Cooter and Wald" (1987) 50 Law and Contemp Probs 245), how economics has impacted upon the content of rules of law and the proof of specific economic facts. The author concludes with a brief assessment of likely and desirable future trends in New Zealand law, arguing that it was likely that economics would continue to have a major impact on the Commerce Act; aside from in the interpretation of dominance principles, the author argues that the foundations are strongly in place for the continued growth of law and economics in this field.

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