101 results on '"nobody"'
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2. Left Turn Ahead: Surveying Attitudes of Young People Towards Capitalism and Socialism
- Author
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Kristian Peter Niemietz
- Subjects
Socialism ,Political science ,media_common.quotation_subject ,Political economy ,Socialist economics ,Conviction ,Capitalism ,Racism ,nobody ,Communism ,Solidarity ,media_common - Abstract
Millennials have long been portrayed as a politically disengaged and apathetic generation. In recent years, however, that portrayal has changed drastically. The rise of mass movements such as Black Lives Matter, Extinction Rebellion, the ‘Greta Thunberg movement’ and Momentum, together with the ‘campus culture wars’, have turned perceptions upside down. Today, Millennials are much more commonly described as a hyper-politicised generation, which embraces ‘woke’, progressive and anti-capitalist ideas. This is increasingly extended to the first cohorts of the subsequent generation, ‘Generation Z’. Surveys show that there is a lot of truth in the cliche of the ‘woke socialist Millennial’. Younger people really do quite consistently express hostility to capitalism, and positive views of socialist alternatives of some sort. For example, around 40 per cent of Millennials claim to have a favourable opinion of socialism and a similar proportion agree with the statement that ‘communism could have worked if it had been better executed’. For supporters of the market economy, this should be a cause for concern, but so far they have mostly chosen to ignore this phenomenon, or dismiss it with phrases such as ‘Young people have always gone through a juvenile socialist phase’ or ‘They will grow out of it’. But this is simply not borne out by the data. There are no detectable differences between the economic attitudes of people in their late teens and people in their early 40s. It is no longer true that people ‘grow out’ of socialist ideas as they get older. To fill in some of the remaining gaps in the literature, the IEA has commissioned an extensive survey into the economic attitudes of Millennials and ‘Zoomers’ (i.e. Generation Z), which broadly confirms and deepens the impression we get from previous surveys. For example, 67 per cent of younger people say they would like to live in a socialist economic system. Young people associate ‘socialism’ predominantly with positive terms, such as ‘workers’, ‘public’, ‘equal’ and ‘fair’. Very few associate it with ‘failure’ and virtually nobody associates it with Venezuela, the erstwhile showcase of ‘21st Century Socialism’. Capitalism, meanwhile, is predominantly associated with terms such as ‘exploitative’, ‘unfair’, ‘the rich’ and ‘corporations’. 75 per cent of young people agree with the assertion that climate change is a specifically capitalist problem (as opposed to a side-effect of industrial production that would occur in any economic system). 71 per cent agree with the assertion that capitalism fuels racism. 73 per cent agree that it fuels selfishness, greed, and materialism, while a socialist system would promote solidarity, compassion and cooperation. 78 per cent of young people blame capitalism (not NIMBYism and supply-side restrictions) for Britain’s housing crisis. Consequently, 78 per cent also believe that solving it requires large-scale government intervention, through measures such as rent controls and public housing. 72 per cent of young people support the (re-)nationalisation of various industries such as energy, water and the railways. 72 per cent also believe that private sector involvement would put the NHS at risk. 75 per cent of young people agree with the statement that ‘socialism is a good idea, but it has failed in the past because it has been badly done (for example in Venezuela)’. The cliche that ‘real socialism has never been tried’ is not just a cliche: it is also the mainstream opinion among Millennials and Zoomers. None of this means that Britain is full of young Marxist-Leninists. Socialist ideas are widespread, but they are also thinly spread. When presented with an anti-capitalist statement, the vast majority of young people agree with it (in our survey, this was true of every single anticapitalist statement, without exception). However, when presented with a diametrically opposed pro-capitalist statement, we often find net approval for that statement too. This suggests that when young people embrace a socialist argument, this is often not a deeply-held conviction. It may simply be the argument they are most familiar with. None of our results mean that supporters of capitalism should throw in the towel, concede defeat in the battle of ideas and just accept that the future belongs to socialism. But it does suggest that they should take ‘Millennial Socialism’ far more seriously than they currently do. They should treat it as a challenge and engage with it, rather than dismiss it or deny it exists.
- Published
- 2021
3. Vehicular Understanding in Europe
- Author
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Maria Escu
- Subjects
Identification (information) ,State (polity) ,Parliament ,Political economy ,Capital (economics) ,Political science ,media_common.quotation_subject ,Identity (social science) ,media_common.cataloged_instance ,European union ,nobody ,Representation (politics) ,media_common - Abstract
After more than 50 years of the European Building process, common institutions, and more representation of the people of Europe via the European Parliament, has result in a process were the European identity is growing but is still far to unseat the national identities as the main source of identification for the European people. Nobody in the European Union wants to destroy the national identities; the European Union is just adding another level. The first level of identification could be the family, the second location, where we can include friends and work, after that regional identification and finally the national one, with its capital as the common space of all the citizens of the state.
- Published
- 2020
4. Evolution of Individual Preferences and Persistence of Family Rules
- Author
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Annalisa Luporini, Alessandro Cigno, and Alessandro Gioffré
- Subjects
Persistence (psychology) ,Economics and Econometrics ,Matching (statistics) ,05 social sciences ,Care of the elderly ,nobody ,0502 economics and business ,Trait ,Probability distribution ,Elderly parents ,050207 economics ,Psychology ,Preference (economics) ,Mathematical economics ,Social Sciences (miscellaneous) ,050205 econometrics - Abstract
How does the distribution of individual preferences evolve as a result of marriage between individuals with different preferences? Could a family rule be self-enforcing given individual preferences, and remain such for several generations despite preference evolution? We show that it is in a couple’s common interest to obey a rule requiring them to give specified amounts of attention to their elderly parents if the couple’s preferences satisfy a certain condition, and the same condition is rationally expected to hold also where their children and respective spouses are concerned. Given uncertainty about who their children will marry, a couple’s expectations will reflect the probability distribution of preferences in the next generation. We show that, in any given generation, some couples may obey the rule in question and some may not. It is also possible that a couple will obey the rule, but their descendants will not for a number of generations, and then obey it again. In the long run, if matching is entirely random, either everybody obeys the same rule, or nobody obeys any. If matching is restricted to particular subpopulations identifiable by some visible trait, such as religion or color of the skin, different subpopulations may obey different rules. The policy implications are briefly discussed.
- Published
- 2020
5. Copyright Holders Are Landlords and it's Not OK
- Author
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Michael MacTaggert
- Subjects
Real property ,ComputingMilieux_THECOMPUTINGPROFESSION ,media_common.quotation_subject ,Assertion ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Intellectual property ,nobody ,GeneralLiterature_MISCELLANEOUS ,ComputingMilieux_GENERAL ,Nothing ,Political science ,Rhetoric ,Landlord ,Law and economics ,Class conflict ,media_common - Abstract
In April, Brian L. Frye released “OK Landlord: Copyright Profits are Just Rent”, an article I absolutely adore that expresses an idea I absolutely agree with. Brian insists that if copyright holders wish to treat their copyrighted works as real property and insist on their right to be paid for it as a use of their real property, then we should take them seriously. We should regard them as we do landlords. Nobody loves a landlord in a crisis, while everyone seems to love a copyright holder as long as we call them “artists” or “Authors.” However, Brian closes the article with a paragraph that qualifies his assertion by saying he has nothing against landlords or copyright holders. His point is that they are the same, not that they are bad. My point is that they are the same and bad. The corollary of Brian’s piece is clear: if you love copyright holders and hate landlords, then you contradict yourself. Copyright holders are landlords and we must despise them for it. The class conflict between copyright holders and "consumers" perverts our way of life, paralleling the class conflict between landlords and tenants in a startling number of ways. I call for a revolution against the rhetoric of landlordism that has pervaded copyright law discussion for far too long.
- Published
- 2020
6. Why do People Avoid Visiting Specialist Doctor? Answers from a Developing Country: Turkey Case
- Author
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Yagmur Tokatlioglu and Seher Nur Sulku
- Subjects
medicine.medical_specialty ,Descriptive statistics ,business.industry ,media_common.quotation_subject ,Psychological intervention ,Developing country ,Payment ,nobody ,Family medicine ,Health care ,medicine ,Institution ,Rural area ,business ,Psychology ,media_common - Abstract
Avoid seeking medical care deemed necessary has severe negative effects on health. Indeed, delayed presentation of patient puts significant burden on healthcare costs. There is limited literature examining the avoidance behavior of people. Our study explores the reasons of avoiding considering the Turkey case. TurkStat’s health research survey 2012 data is employed to examine why people avoid visiting the specialist doctor when needed to consult a specialist for healthcare service. Descriptive statistics analysis is conducted. It is seen that among 15+ aged nationally representative sample of 28,056 respondents 12.6% were avoider. Compared to non-avoiders, avoiders were more likely to be female, to live in rural area, to make out of pocket health payments, to be illiterate and to have lower income. Indeed, the avoiders were more likely to have worse perceived health, negative emotions, mental disorders, serious health problems and chronic diseases. It is found that for approximately one third of avoiders’ the main reason of avoiding was high costs and 22% of the avoiders reported that they do not have enough time. The other avoiding reasons were organizational factors, fear of medical treatment/surgery, distance/transportation, late appointment dates, having nobody to accompany and non-supportive family/relatives. Moreover, we observe that having nobody to accompany and distance to health institution are crucial problems mainly for female and fear of surgery threats male. In Turkey, interventions combating healthcare avoidance behaviors for the disadvantaged populations should be developed.
- Published
- 2020
7. A Study on Changes in Consumer Behavior in Muzaffarpur City Due to COVID-19
- Author
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Ruma Kumari and Dharani Krishna Godla
- Subjects
Coronavirus disease 2019 (COVID-19) ,Point (typography) ,Scale (social sciences) ,Market size ,Business sector ,Foundation (evidence) ,Business ,Marketing ,nobody ,Consumer behaviour - Abstract
Consumer Behaviour is a complicated procedure. It relies upon a lot of elements that may incorporate the socio-political situation, monetary condition, and psychological profile of the purchaser. It, to a great extent, relies upon the buying intensity of the clients also. Presently from the earliest starting point of 2020, COVID-19 has affected all the business sectors all around on a scale which nobody could have anticipated, and in this way, the state of the economy has changed to such an extent that even financial experts do not have the option to accurately foresee the effect of this pandemic in the market situation. In this circumstance, the primary target of this study paper is to propose a few different ways the retail advertisers can take up after because of the impact of this frightening circumstance. To effectively anticipate and outline the connection between the customer conduct in Retail advertise, this paper has taken a generally littler market size and focused on just retail parts of Bihar state. The document has an accurate overview result, and it's an investigation that has been directed among different age gathering and individuals with the diverse socio-prudent foundation. In light of the study, the paper has spoken to an alert module that shows how the shopper conduct may move in post-COVID-19 and how it will affect the Retail advertise. As a feature of the paper, a proposed arrangement has been given, which shows a few measures to the retailers to follow to support the significant move and critical difference in customer conduct.
- Published
- 2020
8. Economic Impact of COVID-19 in Nepal: A Question of Bad or Worst
- Author
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Jyoti Koirala and Suman Acharya
- Subjects
Government ,Resource mobilization ,business.industry ,Economic policy ,Primary sector of the economy ,Remittance ,Business ,Economic impact analysis ,Landlocked country ,Tertiary sector of the economy ,nobody - Abstract
Considering the fact and avoid its huge impact on economy, Nepal must take dramatic action to make sure economy is moving through this disaster. There will be the impact of 8 to 10 percent of GDP in this FY 2020 if this lockdown continue for 2 to 3 months. Government must make extra fund available for banks to lend to companies it is because business is already taking hit and nobody knows how bad it will hit but this is confirm that it depends on long this spread lasts. It is due to cost of isolation which will be higher and more dependable for each country. Protecting measures of governmental and non-governmental are severely affecting the economic activities. There is high impact on GDP but this impact is directly related to number of days the lockdown will be there. Extending the days for lockdown means extending the adverse impact on economy. Although global economy is projected contract by -3 percent in 2020, in reality, just projection and indices will not solve the issue, GDP forecast for bad or worst itself is dubious prediction of international financial institutions, businessmen, economist, media. What is confirm is that the impact will be much higher in Asian country and more in Nepal due to landlocked, open boarder and remittance based economy. In the recovery process, primary sector is necessary to mobilize well so that secondary and tertiary sector of the economy can get the opportunity of expansion and resource mobilization.
- Published
- 2020
9. Cryptocurrency Is Garbage. So Is Blockchain
- Author
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David Golumbia
- Subjects
Cryptocurrency ,Blockchain ,Notice ,Computer science ,Space (commercial competition) ,Computer security ,computer.software_genre ,nobody ,Garbage ,computer ,False accusation ,Rule of thumb - Abstract
The entire space cryptocurrency/blockchain space is dominated by false claims, conspiracy theories, muddled thinking, and outright fraud of many kinds. It is remarkable how much academic, journalistic and popular writing on blockchain accepts at face value dogma that any dispassionate investigation shows to be false, This paper consists mainly of two lists: falsehoods that nobody who is interested in the world as it really is should ever repeat, at least not without heavy qualification; the second a list of truths and rules of thumb about cryptocurrency and blockchain that have been demonstrated repeatedly (often for many years) but escape notice far too often. Each item in the list is accompanied with some, but only a small subset, of the evidence available to support it.
- Published
- 2020
10. Like 'Nobody Has Ever Seen Before': Precedent and Privilege in the Trump Era
- Author
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Heidi Kitrosser
- Subjects
Power (social and political) ,Politics ,Presidency ,Impeachment ,Presidential system ,Political science ,nobody ,Executive privilege ,Privilege (social inequality) ,Law and economics - Abstract
In this Essay, I examine President Trump’s uses of executive privilege, both explicit and implicit, to stymie the congressional investigations that led to his impeachment in late 2019. Like so much else in his presidency, Trump’s sweeping claims of exemption from oversight are both symptomatic of a long trend toward presidential imperialism, and especially brazen and dangerous manifestations of the same. In the Essay, I take both a wide and a long view of Trump’s impeachment intransigence. That is, I consider how his behavior reflects and thus far, has exacerbated judicial and political branch trends favoring presidential power. Looking to the future, I acknowledge that executive aggrandizement episodes tend to build on themselves, contributing to a ratchet effect that enhances presidential power. I argue, however, that this one-way trajectory is not inevitable. Indeed, some presidential abuses become anti-canonical and spark a backlash against future such actions. President Trump’s obstruction deserves to meet this fate.
- Published
- 2020
11. Beware of Toothless Tigers: Institutionalizing Whistleblowing May Crowd Out Compliance
- Author
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Matthias Uhl and Sebastian Kruegel
- Subjects
Misconduct ,Punishment ,Institutionalisation ,business.industry ,Wrongdoing ,media_common.quotation_subject ,Internet privacy ,business ,nobody ,Crowding out ,media_common ,Compliance (psychology) ,Scientific evidence - Abstract
Internal whistle-blowing systems are supposed to fight misconduct within organizations. Because it is difficult to study their efficacy in the field, scientific evidence on their performance is rare. This is problematic, because these systems bind substantial resources and might generate the erroneous impression of compliance in a company in which misconduct is prevalent. We therefore suggest a versatilely extendable experimental workhorse that allows the systematic study of internal whistle-blowing systems in the lab. As a first step, we tested the efficacy of whistle-blowing systems if internal punishment for misconduct is mild and hesitant which is usually the case in practice, as several fraud surveys confirm. Our results show that under these conditions almost nobody blew the whistle, and misconduct occurred even more frequently with than without a whistle-blowing system. The institutionalization of whistle-blowing seemed to crowd out the intrinsic motivation to act compliantly. Moreover, when a whistle-blowing system was either unavailable or not used, misconduct was highly contagious and spread quickly. Yet, when we implemented severe and ensured punishment for misconduct, whistle-blowing systems could deter wrongdoing. In such a setting, people were willing to blow the whistle and the prevalence of misconduct dropped substantially. Altogether, our results highlight the interaction between institutions and preferences and can support the design of compliance measures within organizations. For compliance managers a key takeaway is that if companies preach a zero-tolerance policy, they should practice it as well. Otherwise, they might even worsen the situation.
- Published
- 2020
12. So What Happens Now? 2020 Halfway Outlook (Presentation Slides)
- Author
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Paul Gambles, James A. Fraser, and Jureemas Ung
- Subjects
Shock (economics) ,Presentation ,Ex-ante ,media_common.quotation_subject ,Scale (social sciences) ,Economics ,Asset allocation ,Neoclassical economics ,Crowd psychology ,nobody ,Capital market ,media_common - Abstract
2020 is being painted, with some justification, as the most extraordinary year ever in capital markets. The scale of disruption makes attempts to calibrate data and reliably generate forecasts impossibly challenging and attempts to find precedents for H2 2020 confusing and contradictory. Can history provide any guide to the direction of various asset classes in the second half of 2020 & beyond, after such an extraordinary period? As Santoli notes “specific circumstances are always different, but the markets tend to metabolize information in familiar ways based on crowd psychology and the feedback loops inherent in capitalism.” If the rally runs out of the impetus that it has been given by monetary and especially fiscal stimuli and the gravitational pull of economic contraction reinforced by negative feedback loops leads to another downturn, then the direction of capital markets will be even more dependent upon policy responses. In which case there are really 2 extreme outcomes – policymakers will either act in a way that is both sufficiently timely and aggressively to put a floor under markets or they won’t. The range in between these is almost infinite but recognizing our inability to process potentially infinite outcomes, we’ve focused on the extremes and used the most relevant indicators of how these might turn out. The rally looks to be in danger of running out of fuel. Investors need to be watchful although of course confirmation is, by nature, ex-post. If you’re not preparing ex-ante, you’ll likely be too late. If it does run out of steam, nobody can know the effectiveness of policy response. We’d expect it to be of a ‘shock and awe’ scope and scale.
- Published
- 2020
13. Why do Earthquakes Happen? Ask Plumbers!
- Author
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Serguei Bychkov
- Subjects
History ,business.industry ,Forensic engineering ,Water supply ,business ,nobody ,Magma (computer algebra system) ,computer ,computer.programming_language - Abstract
Scientists of all countries are sparing no effort and money fighting over the problem of earthquakes, but all is in vain. Nobody knows anything. Neither the Chinese, nor the Russians, nor the Americans, nor the Japanese, nor anyone else on Earth! Time passes, and understanding of the process of earthquakes, and, consequently, the adoption of some measures to counter earthquake does not occur. The situation would have seemed disastrous for people, if not for plumbers. According to the calculations made, an earthquake is not some mysterious phenomenon, but an ordinary water hammer that happens in water supply systems and is well known to any plumber.
- Published
- 2020
14. Viewing Kore-Eda's Nobody Knows and Shoplifters Through Legal-Social Lenses
- Author
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Calvin Pang and Makoto Kurokawa
- Subjects
Movie theater ,business.industry ,media_common.quotation_subject ,String (computer science) ,Film festival ,Art history ,Art ,business ,nobody ,media_common - Abstract
With a string of well-reviewed movies since his directorial debut in 1995, Hirokazu Kore-eda ranks among Japan’s most celebrated cinema directors today. His 2018 film, Shoplifters, won the 2018 Palme d’Or prize as the top film at the 71st Cannes Film Festival.
- Published
- 2020
15. Violations During the Pandemic of Law School Faculties’ Authority to Decide Methods of Instruction
- Author
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Richard K. Neumann
- Subjects
Government ,Higher education ,business.industry ,Political science ,Corporate governance ,Law ,Academic freedom ,Legal education ,business ,nobody ,Curriculum ,Accreditation - Abstract
During the pandemic, some universities have required as much “in person” teaching as possible everywhere on campus — including a university’s law school. Universities and their administrators who did this were wrong for three reasons. First, their fears that students would not enroll unless taught “in person” turned out to be unfounded. National postgraduate and professional school enrollment, including law school enrollment, actually increased even though almost half the country’s colleges and universities began the fall semester or quickly went primarily or entirely online. Second, these weren’t decisions about public health alone. They were also decisions about the quality of education. “In person” usually turned out to be an untested and primitive form of hybrid instruction that has no track record and has never been used on any scale before. During the pandemic the choice has never been between genuine “in person” teaching and online teaching. Public health concerns continually put some students online because of contagion risks. The real choice has been between fully online teaching (nobody in a classroom) and simultaneous hybrid teaching (some students in a classroom while others participate online). In many but not all situations, simultaneous hybrid teaching is demonstrably worse than fully online teaching. Third, university administrators who made unilateral decisions about methods of instruction violated basic rules on shared governance under the nationally authoritative 1966 AAUP Statement on Government of Colleges and Universities. The AAUP has already begun investigating some colleges and universities on this basis. And to the extent a university’s unilateral decisions included a law school, the university’s actions also violated the American Bar Association’s accreditation standards and the Association of American Law Schools’ Bylaws. A law school needs ABA accreditation for its graduates to take the bar exam, and nearly all law schools are AALS members. The ABA accreditation standards and AALS Bylaws combine to require that decisions about modality — modes of teaching — be made by a law school’s faculty, not by administrators elsewhere and imposed on the law school.
- Published
- 2020
16. Optimal Federal Redistribution During Uncoordinated Response to a Pandemic
- Author
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Jacek Rothert
- Subjects
Stimulus (economics) ,Transfer payment ,Debt ,media_common.quotation_subject ,Pandemic ,Economics ,Subsidy ,Monetary economics ,Redistribution (cultural anthropology) ,nobody ,Externality ,media_common - Abstract
Optimal policy during an epidemic calls for depressed economic activity to slow down the outbreak. Sometimes, these decisions are left to local authorities (e.g. states). This creates an externality, as the outbreak doesn't respect states' boundaries. A strategic Pigouvian subsidy that rewards states which depress their economies more than the average corrects that externality by creating a race-to-the-bottom type of response. In equilibrium nobody receives a subsidy, but the allocation is efficient. If local authorities are concerned about unequal burden of the lockdown costs but cannot easily issue new debt to finance transfer payments, then lockdowns will be insufficient in some areas and excessive in others. When that's the case, federal stimulus checks can flatten the infection curve.
- Published
- 2020
17. Modifications to Aristotle's Poetics
- Author
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E. Garrett Ennis
- Subjects
Entertainment ,Hollywood ,Subconscious ,Aesthetics ,Poetics ,media_common.quotation_subject ,Contradiction ,Screenwriting ,Sociology ,nobody ,Storytelling ,media_common - Abstract
Aristotle's Poetics has been the basis for theories of entertainment for over 2,000 years. But the general approach it uses has led to a number of gaps, contradictions, and difficulties in predicting the success of books, plays, movies, and entertainment as a whole, so much so that sayings like "there are no rules, but you break them at your peril," and "in Hollywood, nobody knows anything" have become widespread and accepted. However, it turns out that a model of entertainment that defines literary conventions by the pleasurable feelings they release in the brain, and then equates them with outside experiences that people subconsciously attach to the literary work, in the same way that we can be conditioned to feel love when we view our wedding rings, can actually resolve almost every seeming contradiction in Aristotle's ideas and traditional theories of storytelling when compared to real-world results. Furthermore, this approach can be extended to the other major forms of art, including painting, music and even video games, leading to a "Non-Aristotelian" theory that modifies the fundamental aspects of each of these fields, but in a natural and necessary way, which strengthens both our understanding and our ability to predict the success or failure of art in the future. My work as a vlogger and writer, mostly done via my Youtube channel "StoryBrain," has been viewed over 6 million times, and written about in MovieMaker magazine, Creative Screenwriting magazine, on the front page of major sites like Reddit, Roger Ebert online, and in international newspapers like the Sydney Morning-Herald in Australia and Fotogramas in Spain. My work is also the subject of a chapter of the currently-in-release book "Neuro-Design," by Kogan Page publishing, called "The Neuro Movie Analyst." This paper is a detailed introduction to the theory of Emotional Indiscretion which I have talked about in my work.
- Published
- 2019
18. Trade Wars: Nobody Expects the Spanish Inquisition
- Author
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Douglas Nelson, Eddy Bekkers, Hugo Rojas-Romagosa, and Joseph Francois
- Subjects
Politics ,Action (philosophy) ,Political science ,Political economy ,Control (management) ,International political economy ,World history ,nobody ,Period (music) - Abstract
This paper assesses the utility of economic theory of rational trade wars to predict such events or to prescribe courses of action to control their consequences. Trade wars are fundamentally political events whose causes are almost completely political and whose consequences are to a significant degree also political. Contemporary economic theory has developed during a uniquely peaceful and liberal period in world history, affecting how economists have thought about trade conflicts, leaving the profession unprepared to provide serious analysis or advice.
- Published
- 2019
19. The Beauty of Ethics: Towards Re-Establishing Trust in the Financial Sector
- Author
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Sir William Blair and Clara Barbiani
- Subjects
Financial inclusion ,business.industry ,media_common.quotation_subject ,Organizational culture ,nobody ,Political science ,Beauty ,Business ethics ,business ,Nexus (standard) ,Financial services ,Law and economics ,media_common ,Ethical code - Abstract
There is beauty in ethics, which in one of its declinations can be translated into this concept: there is beauty in undertaking the right action, even when nobody is watching. Within this, we can see an antidote to past failures, and an element necessary to attract the change that laws and regulations can only ever be partially successful in achieving. What would a client look for in the financial system in order to hold it trustworthy? The underlying question to be addressed is to what extent laws and regulation are adequate in furthering ethical conduct and decision-making within the financial industry upon which trust rests. The focus is on the importance of ethical decision-making to uphold a client’s rights. The paper considers the role of ethics within financial institutions, and how codes of conduct encourage ethical behavior, explaining the nexus that often exists between a firm’s culture and a country’s tradition and ideologies. The last section discusses the role of ethics at the individual level, focusing on the conduct of the professionals working in the industry.
- Published
- 2019
20. Wittgenstein’s Language-Games and Gödel’s Incompleteness Theorems As the Foundation of Law
- Author
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Charles Edward Andrew Lincoln
- Subjects
Pragmatism ,Law ,media_common.quotation_subject ,Judgement ,Foundation (evidence) ,Axiomatic system ,Gödel ,Gödel's incompleteness theorems ,Morality ,computer ,nobody ,media_common ,computer.programming_language - Abstract
Incompleteness specifically refers to the fact that given any system of symbols, there will always be questions that can be formulated in that system that cannot be answered using just the symbols of that system. An example would be that if a person had a box of objects that person was holding, and an interrogator asked to show the objects in the box which cannot be shown. That would be a paradoxical question with no possible answer. Those sorts of questions can always be formulated, and this shows that there are some propositions that will be unresolvable no matter what the premises are of a system. So, if one wanted to judge an axiomatic system — as David Hilbert did at the turn of the last century — by whether it could have an answer for any question one could ask of it, then one will not be able to make that judgement of some system being more thoroughly 'complete' (able to answer questions asked of it) relative to another. Can, this, then can be applied to law and moral judgements? If one perceives law or morality as a propositional system then, yes, it would be applicable to moral judgements. Many pragmatists do not perceive law as such a propositional system, though. Some of the quotes I have collected refer to such pragmatists with that different approach. Morality cannot be approved and everything is subjective intent including law. So, in the same way that in the early 1900s Bertrand Russell’s attempts with mathematics were approved futile in Principia Mathematica. Are the philosophical foundations of law proved futile? How is Godel's incompleteness theorem as being a problem for morals? Nobody has "true" premises to go from? Therefore — it can be said — all our conclusions are subjective. Is this accurate?
- Published
- 2019
21. Nobody Knew How Complicated: Constraining the President’s Power to (Re)shape Health Reform
- Author
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Sallie Thieme Sanford
- Subjects
Politics ,Presidential system ,business.industry ,Statutory law ,Political science ,Health care reform ,Repeal ,Public opinion ,business ,Administration (government) ,nobody ,Law and economics - Abstract
Beginning on inauguration day, President Trump has attempted an executive repeal of the Affordable Care Act. In doing so, he has tested the limits of presidential power. He has challenged the force of institutional and non-institutional constraints. And, ironically, he has helped boost public support for the ACA’s central features. The first two sections of this article consider the uses of the President’s tools to advance and to subvert health reform. The final two sections consider the forces constraining the administration’s attempted executive repeal. I argue that the most important institutional constraint, thus far, is found in multifaceted actions by states – and not only blue states. I also highlight the force of public voices. Personal stories, public opinion, and 2018 election results – bolstered by presidential messaging – reflect growing support for government-grounded options and statutory coverage protections. Indeed, in a polarized time, “refine and revise” seems poised to supplant “repeal and replace” as the conservative focus countering liberal pressure for a common option grounded in Medicare.
- Published
- 2019
22. The Mandatory Bid Rule: Unnecessary, Unjustifiable and Inefficient
- Author
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Jesper Lau Hansen
- Subjects
Political science ,Takeover Directive ,Directive ,nobody ,The Imaginary ,Law and economics - Abstract
This paper represents a lecture delivered at the conference, The Takeovers Directive – Ten Years On, held on 22 April 2016 by Trinity College Dublin. The case against the mandatory bid rule in EU law is well-known by now and all the arguments have been heard before. It is an exercise usually done in vain, because the rule is safely embedded in the Takeover Directive, which is a Pandora’s box nobody wants to open and renegotiate. Most spectators are disinterested and, when pressed for an opinion, tend to offer a favourable view of it for differing reasons of self-interest. Arguing against the rule is the modern legal equivalent of tilting at windmills, except that the rule is not an imaginary evil but represents some very real problems that are characteristic of what is wrong with EU law today.
- Published
- 2018
23. The SAFE, the KISS, and the Note: A Survey of Startup Seed Financing Contracts
- Author
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Joseph M. Green and John F. Coyle
- Subjects
KISS principle ,Finance ,business.industry ,Blogosphere ,Brand awareness ,Equity (finance) ,Survey data collection ,Business ,Venture capital ,Convertible bond ,nobody - Abstract
the past decade, there has been an explosion in seed financing for early-stage technology startups. Increasingly, this seed financing is channeled to these companies via an entirely new form of investment contract — the deferred equity agreement. One version of this agreement — the Simple Agreement for Future Equity (SAFE) — made its debut in 2013. Another version — the Keep It Simple Security (KISS) — first appeared in 2014. While these instruments have attracted extensive attention in the startup blogosphere, there exists remarkably little information about the role they play in the real world. Nobody seems to know, for example, precisely who is using these new contracts. It is likewise unclear where exactly these agreements are being used. In a very real sense, the discussion about these new contractual forms is occurring in an empirical black hole. This Essay aspires to bring light to the darkness. Drawing upon original lawyer survey data collected in the spring and summer of 2018, it offers a snapshot of the current landscape for startup seed financing contracts. This snapshot will be of interest to legal scholars and practitioners for several reasons. First, it constitutes the first systematic attempt to document the spread of an important contractual innovation — the deferred equity agreement — throughout the United States and Canada. Second, it shows that the traditional dichotomy between “West Coast” and “East Coast” venture financing deal terms is rapidly being replaced by a new dichotomy between startup lawyering “aficionados,” who devote the majority of their practice to representing startup companies and their investors, and “dabblers,” who spend only a small portion of their time working in the startup space. In addition, this snapshot offers important insights into the existing legal literature that views contracts as products. We argue that the SAFE and the KISS — whatever their legal merits — bear more than a passing resemblance to the branded swag that is commonly given away by companies to build brand awareness. This is a significant finding with implications that go well beyond this particular area of the law. Finally, the snapshot of seed financing contracts is relevant to practicing lawyers, particularly as these attorneys seek to advise clients on the extent to which these newer deferred equity contracts are actually being used by similarly situated companies and investors.
- Published
- 2018
24. Brave.Net.World: The Internet as a Disinformation Superhighway?
- Author
-
Luciano Floridi
- Subjects
business.industry ,media_common.quotation_subject ,Internet privacy ,Censorship ,Media studies ,Information quality ,Library and Information Sciences ,nobody ,Computer Science Applications ,Information and Communications Technology ,Law ,Political science ,Informatics ,Disinformation ,The Internet ,Sociology ,Fake news ,Misinformation ,Speculation ,business ,Interactive media ,Mass media ,media_common - Abstract
1. Overture: the problem Nobody could seriously doubt that the unidirectional mass media can be very powerful instruments of disinformation. History has already witnessed too many horrible events for us to allow ourselves the luxury of such futile speculation any longer. What we might do instead is to turn our attention to the brave new world of the Internet, and ask whether the problem of disinformation might soon afflict the new interactive media as well. Suppose that in years to come there will still be a significant dissimilarity between passive (one way, or ‘W’) and interactive (two way, or ‘WW’) media. The management of information online is going to affect many aspects of our life with increasing regularity, and the following three questions will become crucial
- Published
- 2018
25. From Paris to Katowice: The EU Needs to Step Up its Game on Climate Change and Set its Own Just Transition Framework
- Author
-
Béla Galgóczi
- Subjects
Economic policy ,Order (exchange) ,Greenhouse gas ,Scale (social sciences) ,Context (language use) ,Business ,Livelihood ,nobody ,Allotment ,Task (project management) - Abstract
This Policy Brief examines implications of the EU’s targets for reductions in greenhouse gas (GHG) emissions for labour markets. The brief argues that, given the enormous challenges, an equitable transition to a zero-carbon economy should be given higher priority and a clear allotment of EU financial resources. In order to fulfil the COP21 targets the EU needs to aim for 100% emission cuts by 2050 and present a credible roadmap of how to reach this. The clock is ticking: from 2020 to 2050, three times more cuts in GHG emissions are needed than was achieved in the 30 years to 2020. With a significantly greater climate policy ambition to fulfil the Paris targets, the social and employment effects of decarbonisation will be more intense in the future, affecting jobs, livelihoods, working conditions, skills and job prospects on a large scale. These labour market challenges need to be addressed by a targeted yet comprehensive policy framework, but the colossal task of decarbonising the entire economy within the next 32 years is only achievable if it happens in a balanced and fair way, leaving nobody behind. The briefing emphasises that any just transition should be an integral part of any low-carbon strategy and suggests that the EU should set out its own just transition framework and roadmap, based on the ILO guidelines but adapted to the specific challenges that exist in the European context.
- Published
- 2018
26. The Importance of Observational Methods and the Way Issues of Reliability and Validity of Data Should Be Resolved in Conducting Classroom Observation
- Author
-
Kgalemelo Rodnie Mafa
- Subjects
Applied psychology ,Observational methods in psychology ,Psychology ,nobody ,Reliability (statistics) - Abstract
Observation is a method for social occasion information by watching conduct, occasions, or taking note of physical qualities in their regular setting. Observations can be plain (everybody knows they are being watched) or secretive (nobody knows they are being watched and the eyewitness is disguised) (Taylor and Steele, 1996). Observation is utilized as an exploration strategy in two particular ways – organized and unstructured (Pretzlik, 1994).
- Published
- 2018
27. The Influence of Topography and Fracking on Cellular Network Availability in Underserved Areas of Pennsylvania
- Author
-
Benjamin W. Cramer
- Subjects
education.field_of_study ,Land use ,Population ,Field research ,Compressor station ,Cellular network ,Business ,education ,Environmental planning ,nobody ,Natural gas industry ,Clearance - Abstract
This study was originally inspired by several acquaintances of the author who are residents of North-Central Pennsylvania. These correspondents informed the author that their region has many large gaps in consumer cellular telephone coverage, with even fairly sizable towns being neglected; this is a long-known fact based on the region’s sparse population. But the local people are also aware that cellular connectivity can be found in remote backwoods areas at high elevations, often less than one mile outside of an unserved town. Meanwhile, there is a certain amount of discontent in the region as the rapidly-growing natural gas development industry (known colloquially as “fracking”) enjoys cellular network connectivity at its well sites and compressor stations, which also can be tantalizingly close to a town that has no coverage at all. Field research by the author revealed that the poorly-distributed cellular network coverage of North-Central Pennsylvania, in which communities have long been neglected while a relatively new industry is able to connect to its own benefit, is caused by the topography of the region and is also a manifestation of longstanding challenges arising from a thinly-distributed population and shortage of traditional transportation infrastructure. Specifically, inhabited towns are often in steep river valleys in which the rugged landscape blocks line-of-sight propagation of cellular signals, while that same landscape has thwarted transportation to areas that could be utilized for strategically-placed antennas. On the other hand, nearby uninhabited areas at higher elevations have coverage that until recently has benefited nobody, thanks to line-of-sight coverage from network towers at similar elevations a considerable distance away. The region also faces a less-specific challenge shared by other sparsely-populated places: the consumer cellular industry’s longstanding lack of interest in building more infrastructure in areas deemed to be unprofitable. This study finds that the natural gas industry has built infrastructure in previously inaccessible areas that had been beyond the reach or interest of telecommunications firms, and there is now much less reason for those firms to conclude that such areas are inaccessible. The paper starts with an analysis of the challenging geography of North-Central Pennsylvania and how this has shaped cellular network coverage in the region. This is followed by an analysis of land usage in the region by the natural gas industry, and that industry’s use of extant high-elevation connectivity for its own communications, often tantalizingly close to unserved communities at lower elevations. The paper concludes with recommendations for more efficient land usage by both the telecommunications and natural gas industries in ways that can enable the expansion of consumer cellular networks into presently unserved areas, with suggestions for interpreting existing Pennsylvania land use regulations to justify shared use of cleared lands and access roads that have already been approved for fracking, and which could also be a benefit for telecommunications.
- Published
- 2018
28. Lost in Transition?
- Author
-
Tobias Lock
- Subjects
Politics ,Negotiation ,Extension (metaphysics) ,Brexit ,Status quo ,Political science ,media_common.quotation_subject ,Dimension (data warehouse) ,nobody ,Period (music) ,Law and economics ,media_common - Abstract
With less than a year to go until the two year negotiating period comes to an end, hardly anyone still doubts that Brexit is a complex process. A transition period – agreed in principle by the EU and the UK in the draft withdrawal agreement - is considered necessary to ensure an orderly Brexit. The rationale behind it is twofold: nobody expects an agreement on the future relationship between the UK and the EU to be negotiated and ratified by 29 March 2019; and even if it were, there would not be enough time for governments, traders, and individuals to prepare for its entry into force. Given there is no political appetite for an extension of the period for negotiating the withdrawal agreement, a transition based on the status quo of the UK’s EU membership is the only way to avoid the EU-UK relationship finding itself in a disruptive limbo with trade on the basis WTO rules and other forms of cooperation either not happening or based on largely out-dated international treaties. As this contribution aims to show, a status quo transition sounds simple but, like all things Brexit, putting it in place will be legally challenging. This paper distinguishes four dimensions to transition: the UK-EU dimension; the EU-internal dimension; the UK-internal dimension; and the external dimension. It will discuss key challenges pertaining to each of these dimensions.
- Published
- 2018
29. Anti Profiteering Under GST - An RTI Experience
- Author
-
Manish Sachdeva
- Subjects
Political science ,Law ,Private sector ,nobody ,Profiteering ,Wonder - Abstract
Recently while one FMCG giant HUL declared to pass on the funds to the tune of some crores, another competing player P&G increased the price of their bestselling shampoo by INR 1 per piece in the garb of increased quantity of 20% (instead of pro-rata 33%), making me wonder what role APC player in such increase? While I had no audacity to find the relevant figures of these private sector giants, Right to Information Act, 2005 (‘RTI’) provided some leeway in getting at least some relevant figures to do a study at my own, because surely nobody supplied a full-fledged copy of APC study. A sum of 40 RTIs were filed before multiple Central Public Authorities from various sectors, many of them replied very gently and very promptly, some had to be shown the doors of Appellate Authority (a special thanks to Lexisnexis© for their brilliant commentary on RTI Act). Through succeeding paragraphs, an attempt has been made to find out the perception of APC amongst various organization, some shocking, some really admirable and some literally lamenting the harshness of GST system as whole.
- Published
- 2018
30. Extra-Judicial Killing and the Role of International Criminal Court
- Author
-
Abhilasha Shrawat
- Subjects
Power (social and political) ,Law ,Political science ,World War II ,Criminal court ,Commission ,nobody ,First world war - Abstract
The Extra Judicial killing’s root was emancipated from the very own king of atrocities i.e. Adolf Hitler who has institutionalized killing in the name of pure breed and extracting revenge from the mayhem created by the negating effect of the first World War and yet the International Authority failed to take imperative measures against the extra-judicial executions thereby leading to the commencement of the World War II. There have been so many instances lately which clearly entail the saga of the world powerful enigmas by using their domination to suppress the weaker section and thereby drunk in the power and being devoid of any fear authority unmistakably perpetuate the commission of the most heinous crime one can think of and there is nobody, no authority who can keep check on their effervescent ways.
- Published
- 2017
31. The Drive to Appear Trustworthy Shapes Punishment and Moral Outrage in One-Shot Anonymous Interactions
- Author
-
David G. Rand and Jillian J. Jordan
- Subjects
Punishment ,business.industry ,media_common.quotation_subject ,Empathy ,Public relations ,nobody ,Mediation ,Selfishness ,Heuristics ,Psychology ,business ,Outrage ,Social psychology ,media_common ,Reputation - Abstract
Moralistic punishment can confer reputation benefits by signaling trustworthiness to observers. But why do people punish even when nobody is watching? We argue that people often rely on the heuristic that reputation is typically at stake, such that reputation concerns can shape moralistic outrage and punishment even in one-shot anonymous interactions. We then support this account using data from Amazon Mechanical Turk. In anonymous experiments, subjects (total n = 8440) report more outrage in response to others’ selfishness when they cannot signal their trustworthiness through direct prosociality (sharing with a third party)—such that if the interaction was not anonymous, punishment would have greater signaling value. Furthermore, mediation analyses suggest that sharing opportunities reduce outrage via reputation concerns. Additionally, anonymous experiments measuring costly punishment (total n = 6076) show the same pattern: subjects punish more when sharing is not possible. And importantly, moderation analyses provide some evidence that sharing opportunities do not merely influence outrage and punishment by inducing empathy towards selfishness or hypocrisy aversion among non-sharers. Finally, we support the specific role of heuristics by investigating individual differences in deliberateness. Less deliberative individuals (who typically rely more on heuristics) are more sensitive to sharing opportunities in our anonymous punishment experiments, but, critically, not in punishment experiments where reputation is at stake (total n = 3422); and not in our anonymous outrage experiments (where condemning is costless). Together, our results suggest that when nobody is watching, reputation cues nonetheless can shape outrage and—among individuals who rely on heuristics—costly punishment.
- Published
- 2017
32. The Monster Unleashed: Iraq's Horrors of Everyday Life in Frankenstein in Baghdad
- Author
-
Hani Elayyan
- Subjects
Power (social and political) ,Blame ,Deed ,Psychoanalysis ,Law ,media_common.quotation_subject ,Terrorism ,Selfishness ,Sociology ,Everyday life ,nobody ,Monster ,media_common - Abstract
This paper analyzes Frankenstein in Baghdad, the winner of the 2014 International Arabic Fiction Prize by Iraqi novelist Ahmed Saadawi. I argue that by borrowing the story of Mary Shelley’s monster in Frankenstein, Saadawi manages to pinpoint the roots of the terrorism that has plagued Iraq since the American occupation. Terrorism emanates from fear. Fear is the monster that has been unleashed by the collapse of central authority which resulted in what Judith Butler has called ‘a precarious life’ in which sudden and violent death is always looming. In addition, the struggle for power among the new players in the Iraqi scene leads to selfishness, demagogy, and exploitation. The novel stresses the need to acknowledge that no one is free of blame. By acknowledging that that nobody is purely a victim or a victimizer, and by taking responsibility for one’s deed, there might be hope for a way out of the horrors of the civil strife and carnage.
- Published
- 2017
33. The Public Information Fallacy
- Author
-
Woodrow Hartzog
- Subjects
Fallacy ,State (polity) ,Order (business) ,media_common.quotation_subject ,Sociology ,Privacy law ,Meaning (existential) ,Permission ,Set (psychology) ,nobody ,media_common ,Law and economics - Abstract
The concept of privacy in “public” information or acts is a perennial topic for debate. It has given privacy law fits. People struggle to reconcile the notion of protecting information that has been made public with traditional accounts of privacy. As a result, successfully labeling information as public often functions as a permission slip for surveillance and personal data practices. It has also given birth to a significant and persistent misconception — that public information is an established and objective concept. In this article, I argue that the “no privacy in public” justification is misguided because nobody knows what “public” even means. It has no set definition in law or policy. This means that appeals to the public nature of information and contexts in order to justify data and surveillance practices is often just guesswork. There are at least three different ways to conceptualize public information: descriptively, negatively, or by designation. For example, is the criteria for determining publicness whether it was hypothetically accessible to anyone? Or is public information anything that’s controlled, designated, or released by state actors? Or maybe what’s public is simply everything that’s “not private?” If the concept of “public” is going to shape people’s social and legal obligations, its meaning should not be assumed. Law and society must recognize that labeling something as public is both consequential and value-laden. To move forward, we should focus the values we want to serve, the relationships and outcomes we want to foster, and the problems we want to avoid.
- Published
- 2017
34. In Nobody's Name: A Checks and Balances Approach to International Judicial Independence
- Author
-
Aida Torres Pérez
- Subjects
Balance (metaphysics) ,Framing (social sciences) ,Political science ,Separation of powers ,Judicial independence ,International law ,nobody ,Legitimacy ,Adjudication ,Law and economics - Abstract
In "In Whose Name?", Armin von Bogdandy and Ingo Venzke have singled out one of the most pressing challenges in current debates regarding international courts: the source of their legitimacy. Given the current structure and limits of international law, instead of expecting international courts to speak in the name of peoples and citizens, this paper contends that international courts should speak in nobody’s name and shifts the focus to judicial independence as a necessary (but not sufficient) condition for the legitimacy of international adjudication. It is argued that judicial independence cannot be understood in terms of the courts’ insularity and appropriate constraining mechanisms ought to be put in place. At first, we reflect upon the differences between domestic and international courts in framing a notion of judicial independence adequate for the international sphere. Thereafter, we flesh out the notion of judicial interdependence and map the actors that might provide appropriate constraints following a checks and balance approach to the institutional design of international courts.
- Published
- 2017
35. Interpelaciones desde la condiciin posmoderna a la disciplina histtrica (Interpellations from Postmodern Condition to History Discipline)
- Author
-
Darío I. Restrepo
- Subjects
Postmodernity ,media_common.quotation_subject ,Art ,Postmodernism ,Cartography ,nobody ,Humanities ,media_common - Abstract
Spanish Abstract: Nadie escapa a su tiempo y el tiempo todo lo transforma, las condiciones de existencia, los valores y las posturas subjetivas, asi como las teoricas a partir de las cuales se vive y se interpreta la realidad. Los cambios de apreciacion son desechados por algunos, por disolutos, confusos y faltos de referentes certeros; mientras que otros acogen la novedad por su apertura a otros mundos, vivencias y posibilidades. El debate sobre la posmodernidad no escapa a tal polemica, asi como no es posible estar por fuera de la condicion posmoderna. A partir de dos pares de conceptos se revisan grandes cambios paradigmaticos en las maneras de vivir, concebir y valorar la historia. De lo estructural a las particularidades y de lo singular a las pluralidades.English Abstract: Nobody escapes to his time and the time change everything, existence conditions, the values and subjective stance, as well as the theoretical from which you live and you interpret reality. The interpretations changes are throw away by some, by dissolute, confused and lacking accurate references; while others welcome the novelty for its openness to other worlds, experiences, and possibilities. The debate on postmodernity does not escape such controversy, just as it is not possible to be outside the postmodern condition. From two pairs of concepts major paradigmatic changes in the ways of living, conceiving and valuing history are reviewed. From the structural to the particularities and from the singular to the pluralities.
- Published
- 2016
36. Protection of Minority Shareholders: Mandatory Bid or Partial Bid Rule
- Author
-
Yerkin Budenov
- Subjects
Finance ,Shareholder ,Control premium ,National best bid and offer ,business.industry ,Corporate governance ,Control (management) ,Corporate law ,Accounting ,Business ,nobody ,European court of justice - Abstract
This contribution shows the idea that the mandatory bid rule is likely to be protective for minority shareholders, as minority shareholders have an opportunity for early exit from company prior to the shift of control and to receive reward from ‘control premium’. Although the mandatory bid rule decreases market uncertainty, and due to its high price results reduces amount of inefficient takeovers; it minimises takeover activity as well, hence reduces chances for minority shareholders to obtain an access to ‘control premium’. Nobody can give firm guarantee that price in mandatory bid will be fair. Moreover, officially represented approach of the European Court of Justice is that it does not recognize minority shareholders’ rights protection as general principle of the EU Community law. Therefore, adoption of partial bid in takeovers under compulsory supervising authority regulation using methods of consultation widely is proposed.
- Published
- 2016
37. Is Nyamumboism Religion Among the Abagusii of South Nyanza, Western Kenya from East or West?
- Author
-
Gilbert Nyakundi Okebiro
- Subjects
History ,Resource (biology) ,media_common.quotation_subject ,computer.software_genre ,nobody ,Test (assessment) ,Faith ,Law ,Omniscience ,Tribe ,Ethnology ,Ideology ,computer ,Interpreter ,media_common - Abstract
Nyamumboism is a religion which started among the Abagusii tribe. It was established by the Europeans through Zablon Magoma of Nyandiba region in Sensi Location. He became a resource person to the Europeans as an interpreter and a translator of English language to Kisii language. “Nyamumbo” is a Kisii word meaning God the creator, omniscience and omnipresent. Whiteman supplied medical and educational materials to interpreter, as to help people in villages and spread ideologies of Nyamumboism religion. In medical supplies, gave penicillin and aspirin which was administered to villagers for each and every illiments and people were healed by faith. In the educational sector, through the interpreter, established a nursery school at Mekonge village and later on started a church at Sigona junction of Marani and Masakwe routes. The intention of the Whiteman who spread the new phenomenon (Nyamumboism) was not known and nobody can stand and explain accurately whether they were either missionary, tourists, explorers, or researchers because conclusively they came with a religion that embraced local traditions as it done in the eastern countries mingled with western Christian ideologies. The objective of the study why Nyamumboism could not be properly rooted and survive the test of the time, like Rachel Maria which was established and exists only in Kenya but still goes strong. The research will be analytical study of the facts available from the resource persons where Nyamumboism was spread Gusiiland. The findings are significant to religious believers, that people can be healed by faith not by the type of drug administered, for instance the two medicines which would heal all types diseases. It is concluded by faith people can be cured through the drugs administered and defector doctors in villages. It is recommended through the research, concrete facts should be recorded for future research work and reference.
- Published
- 2016
38. Great People, Small Moments: How the Talmud Teaches Us that Nobody is Perfect
- Author
-
Hershey H. Friedman
- Subjects
Politics ,History ,media_common.quotation_subject ,Law ,Morality ,Talmud ,nobody ,media_common - Abstract
Talmudic stories are a method used by the ancient sages to teach us about ethics and morality. This paper examines stories that teach people an important lesson in life: No person is perfect. Great people have weak moments and make mistakes. The Talmudic sages sometimes made insensitive remarks, experienced strong sexual desires, lost their temper, procrastinated, neglected their wives, and made poor political choices. Despite all this, they were great people.
- Published
- 2016
39. Forensic Science Accuracy: Why We Know Little and How to Learn More
- Author
-
Jonathan J. Koehler
- Subjects
Questioned document examination ,media_common.quotation_subject ,Applied psychology ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Ignorance ,nobody ,Odds ,Test (assessment) ,Scientific evidence ,Forensic science ,Psychology ,Social psychology ,media_common ,Criminal justice - Abstract
Forensic science – which includes such techniques as DNA analysis, fingerprint examination, and firearms comparison – plays a crucial role in our criminal justice system by helping to convict the guilty and acquit the innocent. However, our confidence in forensic science conclusions must be tempered by the odds that those conclusions are wrong. What are those odds? Nobody knows the answer because no disinterested researchers have conducted the appropriate studies in any of the forensic science disciplines. This is a serious problem because, without this information, legal decision makers cannot properly assess the validity or probative value of forensic evidence. In this paper, I examine the institutional forces and misunderstandings that are responsible for our ignorance about the accuracy of forensic science conclusions. I then recommend a new type of proficiency testing regimen (Type II proficiency testing) that is designed to measure error rates under appropriate test conditions in the various forensic subfields. Unless and until such studies are undertaken, legal decision makers will continue to fly blind when it comes to assessing the reliability of a reported forensic match.
- Published
- 2016
40. Sex Discrimination in Sport: A Challenge Also for States with High Standards of Human Rights Protection?
- Author
-
Jacopo Buongiorno
- Subjects
Sex discrimination ,Human rights ,Political science ,media_common.quotation_subject ,Law ,human activities ,nobody ,humanities ,media_common - Abstract
Assuming that nowadays a law provision which prohibits women to participate in sport no longer exists, (and taken for granted that nobody doubts anymore about health’s problem for women who practice sport), what are the factors that still make difficult for women to enjoy the right to sport on the same bases as men even in one of the leader countries in women’s rights, such as Canada?
- Published
- 2016
41. The Constitution Viewed from Without
- Author
-
Michael S. Kochin
- Subjects
Government ,Federalist ,Constitution ,Foreign policy ,Law ,media_common.quotation_subject ,Political science ,Security policy ,Ratification ,nobody ,media_common - Abstract
The drive for constitutional reform in the 1780’s was largely motivated by the perception that until the Federal government was strengthened the United States would not be able to meet its foreign and security policy challenges. Once I put the foreign and security policy difficulties of the 1780’s on the table, I will address two questions: First, why does The Federalist argue for the foreign and security policy need for the Union, when nobody who opposes the 1787 Constitution argues against the “perpetual Union” created by the Articles? Second, what is the pressing “crisis” in foreign and security matters that, in Publius’s view, should persuade the remaining states to ratify the constitution hastily?
- Published
- 2015
42. Law, Coercion, and Expression: A Review Essay on Frederick Schauer's The Force of Law and Richard McAdams's The Expressive Powers of Law
- Author
-
Eric Bennett Rasmusen
- Subjects
medicine.medical_specialty ,Public law ,Jurisprudence ,Law ,Private law ,medicine ,Economics ,Comparative law ,Philosophy of law ,Imprisonment ,nobody ,Civil law (common law) - Abstract
What is law and why do people obey it? This question from jurisprudence has recently been tackled using the tools of economics. The field of law-and-economics has for many years studied how fines and imprisonment affect behavior. Nobody believes, however, that all compliance is motivated by penalties and it is questionable whether that is even the typical motivation. Two books published in 2015, Frederick Schauer's The Force of Law and Richard McAdams's The Expressive Powers of Law, consider alternative motivations, Schauer skeptically and McAdams more sympathetically. While coercion, either directly or in its support of internalized norms, seems to dominate law qua law (and not as a mere expression of morality), a considerable portion of law serves other uses such as coordination, information provision, expression, and reduction of transaction costs.
- Published
- 2015
43. Mathematical Suggestions to the D/L Rain Method
- Author
-
Prasant Nair
- Subjects
Feeling ,Congruence (geometry) ,business.industry ,media_common.quotation_subject ,Natural (music) ,Artificial intelligence ,Modular design ,business ,Mathematical economics ,nobody ,media_common ,Mathematics - Abstract
This paper presents mathematical suggestions to the most used rain rule, the Duckworth Lewis method in cricket, used for resetting the match score. IPL Sunrisers team's coach Tom Moody, and innumerable cricketers, statisticians are feeling the need for a correction in the method. Nobody has yet come out with a single solution, common to T20 and ODI, feeling that a "single" solution is not possible. But this paper easily traces a natural mechanism common to T20 and ODI, namely an "integer partition" in the form of "90n 30". Further, it reviews and analyzes the various sections of the D/L method employed in cricket, in the light of modular mathematics, congruence and presents great many surprising things and practical solutions for the ICC to consider.
- Published
- 2015
44. The Sexual 'Cloud' in the Executive Suite
- Author
-
F R Manfred and Kets de Vries
- Subjects
Sexual desire ,Unconscious mind ,Child rearing ,Psychological intervention ,Spite ,Timeline ,Obligation ,Psychology ,Social psychology ,nobody - Abstract
Nobody talks about sex in the boardroom. However, the sexual dynamics between men and women are age eternal and hover above like a cloud, motivating individuals at an unconscious level. In this article I argue that people today are very much governed by the same sexual desires that drove our primitive ancestors. Given where we are on the timeline of our evolutionary history, we still have very much a Stone Age Mind in a Stone Age Body. Not only are we driven by what has been labeled as the “selfish gene” (Dawkins, 1976) – or competition to propagate and survive – most of the time we are not even aware of the extent to which our sexual desires influence our behavior and actions. It is hypothesized that the primal anxieties about the consequences of sexual desire is a contributing factor to the reluctance of men to allow women entry into the upper echelons. This “selfish gene effect” can be seen as an extra hurdle for women to overcome to reach senior executive ranks. The article also points out that sexual discrimination is part of a more basic, social and developmental issue. To enable a more lasting change in attitudes, we need to go as far back as child rearing practices to re-examine how gender roles are established and reinforced. Slotting children into stereotypical male-female gender roles is not the answer. Only by making explicit unconscious gender biases and practices, can we begin to tackle the problem at its core and move towards a more androgynous orientation – which melds both feminine and masculine attributes within the same individual. Such an orientation will benefit both men and women alike. It is also pointed out that gender equality is not merely a woman’s issue. It is an issue that affects us all. Gender inequality lowers the quality of life for both men and women. While women bear the largest and most direct costs of these inequalities, these costs cut broadly across society, ultimately hindering social and economic development. It is put forth that senior executives who are truly serious about fair process in organizations have the obligation to “manage” the sexual “cloud” more effectively. They need to realize that in spite of the selfish gene effect, sexism is also a social – and hence curable – disease. They need to engage in more systematic measures to counteract deeply embedded assumptions about gender and role expectations and to create more women-friendly organizations. Various interventions are suggested to bring more equality into the workplace.
- Published
- 2015
45. The CISG Applies When it Says it Does, Even If Nobody Argues It: Why the CISG Should Be Applied Ex Officio in the United States and a Proposed Framework for Judges
- Author
-
John Michael Grant
- Subjects
Incentive ,State (polity) ,Order (business) ,Political science ,media_common.quotation_subject ,Law ,Procedural law ,Discount points ,Waiver ,nobody ,Federal law ,media_common - Abstract
Ho Myung Moolsan, Co. Ltd. v. Manitou Mineral Water, Inc. is an example of a common scenario. Moreover, this common scenario is likely underreported. In the United States, knowledge of the CISG is rare among both Judges and lawyers. Thus, in cases such as the above, it is quite possible for both lawyers to miss the fact that the circumstances are such that local law is displaced by the CISG. Whether one side argues the issue quite late in the process, or whether the Judge determines the law applicable on her own, Judges have little guidance as to how best to proceed in this scenario. It is this author’s contention that the CISG, as a self-executing international treaty in the United States with the preemptive force of Federal law, applies to cases where by its own terms it is applicable. This is so regardless of any local New York State rules that determine a certain length of delay in invoking the CISG amounts to a “tacit waiver.” Thus, when it has rules on point, the CISG displaces local law, even procedural law. In other words, the CISG applies ex officio. Moreover, because the CISG applies, only an effective exclusion of the CISG, as defined by the CISG, gets the parties back out of the CISG. Because the CISG covers agreements to exclude and a post-contractual agreement to exclude is governed by Article 6 on exclusion, Articles 11, 14-24 on formation, and Article 29 on modification, in order to determine that a lawyer’s conduct amounts to a “tacit waiver,” or an agreement to exclude the CISG, the Judge should analyze the conduct under the standards set forth in those articles. It is submitted that under these standards it will be exceptionally rare to fairly conclude that the litigants had either the incentive, or the requisite awareness of the CISG’s existence, to come to an agreement to exclude it in favor of local sales law.Thus, regardless of the stage in the process it is realized or argued, the CISG should prevail over local sales law when by its terms it is applicable. In a circumstance such as Ho Myung Moolsan, I argue that the Judge should either request additional briefs or decide the case under the CISG sua sponte.
- Published
- 2015
46. The Failure to Innovate to Solve the Unaffordable Legal Services Problem
- Author
-
Ken Chasse
- Subjects
Service (business) ,education.field_of_study ,Actuarial science ,media_common.quotation_subject ,As is ,Population ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,nobody ,Legal research ,Political science ,Specialization (functional) ,education ,Duty ,Legal profession ,media_common ,Law and economics - Abstract
Canada’s law societies have allowed the problem of unaffordable legal services to develop over decades without doing anything because: (1) they do not accept the principle that the duty to solve the problem arises from their duty in law to regulate the legal profession; and, (2) they have never felt themselves to be under sufficient pressure to try to solve it. To the contrary, no democracy need accept the proposition that it is nobody’s duty to solve the problem, and that therefore the population must accept as a perpetual reality, that they must deal with their legal problems without the help of lawyers. The cause of the problem is the obsolete method by which legal services are delivered — the handcraftsman’s method. Instead, a support-services method should be used, as is used in the medical profession, and in all of large-scale competitive manufacturing. It combines a high degree of specialization with large scaled-up volumes of production, so as to create the great cost-efficiency that enables costs to be minimized, and products and services to improve without their prices having to be increased. No doctor’s office provides all medical services needed by all patients. It is but one part of a large, sophisticated medical infrastructure of mutually dependent support-services. In contrast, each law office provides all legal services required by each client. Therefore the unaffordable legal services problem is inevitable. All the while, the problem causes more damage in one day than have all of the incompetent and unethically practising lawyers in the whole history of Canada. But its law societies refuse to be proactive, nor active in regard to unaffordable legal services, as they are about incompetent and unethically practising lawyers. The cause of the problem is not understood, as is shown by the analyses of those making recommendations for its solution. They are merely lawyers, but this is not a legal problem. The cause of the problem is not the absence of the right improvement to the method of the delivering legal services, but rather the method itself. Therefore, the example of a sophisticated centralized legal research service is used to show how a much needed support-service can again make legal services affordable.
- Published
- 2014
47. The Role of the iPIPS Assessment in Providing High Quality Value Added Information on School and System Effectiveness within and between Countries
- Author
-
Merrell Christine, Elena Kardanova, Hawker David, Peter Tymms, and Alina Ivanova
- Subjects
Value (ethics) ,Medical education ,Rasch model ,media_common.quotation_subject ,nobody ,iPIPS, International comparative study, Rasch model, test adaptation ,jel:I2 ,Work (electrical) ,Assessment data ,Political science ,Quality (business) ,Performance indicator ,Baseline (configuration management) ,media_common - Abstract
Despite the growing influence of international surveys of student achievements such as PISA, TIMSS, and PIRLS on policy, there is currently no international baseline study of children’s development on starting school. As a result, nobody knows for sure the extent to which the differences in performance between countries which are observed in these later assessments are already present when children start school, and the impact of educational policy and school effectiveness. This working paper describes the development of such an international study (iPIPS) which aims to help answer some key questions relating to early years and schooling. iPIPS takes as its basis, the Performance Indicators in Primary Schools (PIPS) On-entry baseline and follow-up assessments which were developed by the Centre for Evaluation and Monitoring (CEM) at Durham University (UK). PIPS has been used for twenty years in schools in a range of countries, providing a wealth of data for research purposes. iPIPS aims to collect assessment data from representative samples of children internationally. The paper will also report on the work undertaken in 2013-2014 to adapt and pilot the iPIPS instruments for use in Russia.
- Published
- 2014
48. The Uniform Act on Prevention of and Remedies for Human Trafficking
- Author
-
Andrew Thomas Hall
- Subjects
Sex trafficking ,media_common.quotation_subject ,education ,Legislation ,social sciences ,Commission ,nobody ,humanities ,Spanish Civil War ,State (polity) ,Blueprint ,Political science ,Law ,Human trafficking ,health care economics and organizations ,media_common - Abstract
Almost 15 years after Congress passed the first contemporary anti-slavery legislation, the Trafficking Victims Protection Act, state anti-trafficking law and policy still lag far behind their federal counterparts in terms of prosecuting traffickers, protecting victims, and preventing trafficking. Regrettably, Arizona provides an ample case study in these inadequacies, from its prosecution of sex trafficking victims for prostitution to its inadequate victim assistance mechanisms. This Note maintains that the war on human trafficking will be won or lost at the state level. After a detailed analysis of federal and state law and policy, this Note argues that the Uniform Law Commission’s new Uniform Act on Prevention of and Remedies for Human Trafficking provides states with a solid blueprint for comprehensive anti-trafficking reform. States should adopt the Uniform Act in its entirety, without delay, because nobody should be enslaved in the Land of the Free.
- Published
- 2014
49. Women in Leadership: Can Women Have it All?
- Author
-
Syeda Nuzhat E Ibrat
- Subjects
Sense of agency ,business.industry ,Argument ,Political science ,Agency (sociology) ,Face (sociological concept) ,Public service ,Public relations ,business ,Industrial relations ,nobody ,Preference - Abstract
After the two evolutionary achievements in equal opportunity and work/life balance agendas when feminists have been debating whether women can have it all; Sandberg, the COO of Face book provides a ground breaking argument in her famous book Lean In that having it all is nothing but a myth. She instead questions whether women can do it all. She also believes nobody actually can. In this paper, I investigated this ongoing debate whether women can have it all or more precisely women can do it all. I utilized unrefined primary data gleaned from interviews with eight female senior executives in the South Australian Public Service. Experiences of these female senior executives suggest that although doing it all has different meanings in different women’s lives; all women indeed have to make strategic adjustments when to combine career and family. In this process three essential aiders are: personal agency, lifestyle priority and preference and formal and informal work supports. While the employee relations policies today assist women in building confidence that if they want they can do it all, these policies likely to be less effective in bringing career/family balance for many women in the senior leadership levels. Therefore, having it all often solely depends on individual agency of these women.
- Published
- 2014
50. Critical Analysis of Development of Rape Laws in India: From the Social Transformation Perspective
- Author
-
Annapurna Chakraborty
- Subjects
media_common.quotation_subject ,Social transformation ,Law ,Political science ,Happening ,Perspective (graphical) ,Criminal law ,Girl ,Gang rape ,Criminology ,nobody ,media_common ,Reputation - Abstract
Rape, the most heinous crime is still occurring in our society. Even after the Delhi gang Rape case so many protests took place; a new law has been passed but still the situation has not changed a bit. Recently a Mumbai based photo journalist was raped. When some journalists from a well-known paper house went to take interview in her locality; they got to know that nobody from the survivor apartment aware that the girl is from their locality. So the question arises why still now the survivor of the rape feels ashamed and prefers to be silent. This is one of the main reasons that most of the rape victim does not file an FIR. They think if society got to know about this her reputation will be ruined and rest of her life will be hell. That is the reasons why the crime like rape is still happening in our so-called modern society. In this project I will try to analysis development of rape laws from the social transformation perspective. For this purpose I have divided this paper into six chapters. Chapter 1 consisted of introduction, statement of problems and research questions and literature review. Chapter 2 deals with the definition and the types of rape. In chapter 3 I made an analytical study on rape law in India. In chapter 4 I made an analysis on development of rape laws in India and social transformation. I have also analyzed the criminal law (amendment) act, 2013 in chapter 5. I made conclusion in the last chapter.
- Published
- 2014
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