Search

The Meyer–Neldel compensation law, observed in a wide variety of chemical reactions and other thermally activated processes, provides a proportionality between the entropic and the enthalpic components of an energy barrier. By analyzing 31 different polymer systems, we show that such an intriguing behavior is encountered also in the slow Arrhenius process, a recently discovered microscopic relaxation mode, responsible for several equilibration mechanisms both in the liquid and the glassy state. We interpret this behavior in terms of the multiexcitation entropy model, indicating that overcoming large energy barriers can require a high number of low-energy local excitations, providing a multiphonon relaxation process. [ABSTRACT FROM AUTHOR]

Control of nonlinear systems in the presence of model mismatch and system constraints is quite challenging. To address the issue, this work proposes an adaptive Gaussian process-based real-time optimisation (AGP-RTO) control framework. Specifically, the control law consists of two components, a feedforward tracking control law and an uncertainty compensation control law. Because GP has high flexibility to capture complex unknown functions by using very few parameters and it inherently handles measurement noise, this work utilises the GP as an alternative to estimate the mismatch between the real plant and the approximated model. During every RTO execution, the GPs adaptively update the predictions of the model mismatch, then the predictions are embedded into a nonlinear optimisation problem for the correction of the model cost and constraint functions, which yields the uncertainty compensation control law. The proposed AGP-RTO framework ensures that the Karush-Kuhn-Tucker (KKT) conditions determined by the model match those of the plant upon convergence. Compared to many direct adaptive control methods, AGP-RTO does not rely on a high gain for fast adaptation and hence it improves the robustness of the closed-loop system. Compared to the modifier adaptation (MA) method, AGP-RTO avoids the plant-gradient estimation by using the finite difference scheme, besides it trains the GP models offline, which speeds up online evaluation and improves the applicability and efficacy of real-time control. Comparisons are carried out to illustrate the superiority of the AGP-RTO. [ABSTRACT FROM AUTHOR]

The opacity, autonomy and complexity of AI systems can stand in the way of a fair and efficient allocation of risk and loss. The European Commission (EC) has recognized this and has addressed these matters in two proposals for two directives: the AI Liability Directive and a new Product Liability Directive. Both Directives address information asymmetries between parties in a liability claim by providing new rules on the burden of proof. In addition, the proposed Product Liability Directive has been brought 'up-to-date' by explicitly incorporating new technical developments and by ending the debate on software as a product. Nevertheless, the injured party might still not receive compensation for the damage caused by a defective AI-system. This gives rise to the question of whether the legal framework for compensation should be revised more boldly to ensure compensation for the damage suffered by the injured party. This contribution will explore such a bold approach by delving into compensation funds. More specifically, this contribution will examine how a compensation fund for damage caused by AI-systems can be designed as well as what its boundaries could or should be and what its benefits could be. [ABSTRACT FROM AUTHOR]

In the milestone Francovich case, the European Court of Justice (ECJ) granted individuals, under certain conditions, a right to reparation for Member States' breaches of EU law. While EU environmental law is rife with well-documented infringements, the Francovich principle, however, has seen little use in practice. This article examines why that is. Through an analysis of the ECJ's Francovich -related case law, and especially the ECJ's recent decision in C-61/21 Ministre de la Transition écologique , this study assesses the Court's interpretation of the Francovich condition that the relevant provision must be 'intended to confer rights' on individuals. Against this backdrop, it is shown that the absence of EU environmental law conferring ' Francovich rights' is due to the principle's incompatibility with the collective rights found in EU environmental law. Following from this, this study highlights the incorporation of compensation provisions in three key EU environmental directives as an alternative to Francovich liability and, in so doing, examines the evolving nature of private enforcement of EU environmental law. [ABSTRACT FROM AUTHOR]

In December 2020, the European Union adopted breakthrough legislation setting out new rules for collective redress-better known as "representative actions"-in Europe. EU Directive 2020/1828 gives representative entities the possibility to seek injunctive and/or compensatory measures on behalf of groups of consumers affected by mass harm situations. The EU Member States had until December 25,2022 to transpose the European rules into their national legal systems. The transposition phase was expected to be key as the Directive gives significant leeway to the Member States to decide on several important procedural aspects likely to influence the overall functioning and effectiveness of representative actions. However, the transposition process in the Member States has been complex and led to very di#erent outcomes across Europe. Meanwhile, stakeholders have been preparing to use the new instrument actively. [ABSTRACT FROM AUTHOR]

The article examines the viability of employer claims against at-will employees amid changing labor and employment law. Topics discussed include history of at-will employment, limits to the doctrine of at-will employment such as termination, breach of employment contract claims, claims against at-will employees, breach of contract action against an employee and employee compensation under the Fair Labor Standards Act (FLSA), and unequal balance of power in employment relations.

The article cites reasons for the failure of tort reform in Florida. It discusses the proposed goals of the tort reform system and the legislature's methods to accomplish those goals. Tort reform methods for limiting medical malpractice insurance premium lawsuits include statutory presuit process, the Florida Birth-Related Neurological Injury Compensation Plan, limitation of recovery against state-run hospitals, limitation of how much an injured party may recover and cap on noneconomic damages.

The article reviews the legal mechanism of securing a claim in civil procedural law, which is considered one of the main tools for effective enforcement of court decisions. The focus is on how the mechanism of securing the claim deals with the protection of the rights and interests of the parties, and the right to damages serves the legal rights of the defendants. To protect the interests, so as not to cause unreasonable damage. The article discusses the importance of the principles of competition and inquisitivity, which ensure the fairness and impartiality of the legal process. The principle of competition aims at the equality of the parties, while the inquisitorial principle provides for the intervention of the court when the defense party is weak or there are other circumstances that It prevent an objective decision from being made. [ABSTRACT FROM AUTHOR]

According to the Damages Directive victims of infringements of competition law are entitled to full compensation. To achieve this goal overcharges, passing-on, and volume effects should play a role in the calculation of damages (for any purchaser who is not yet the final consumer). Whereas the Damages Directive promotes the passing-on defence for the defendants, it does not regulate volume effects in depth. The computation of these effects requires information on counterfactual prices and quantities. Since this information cannot be observed, the size of the volume effect tends to be uncertain. This paper discusses policy-options that aspire to bring compensation closer to full compensation, given uncertainty about the size of the volume effect. Based on the maximin-principle, a principle for decision-making under uncertainty, not allowing a passing-on defence appears to be an attractive option since this may lead to the minimization of the maximum gap between actual and full compensation. [ABSTRACT FROM AUTHOR]

Law Number 32 of 2009 concerning Environmental Protection and Management regulates the government has the right to file claims for compensation and certain actions. Minister of the Environment Regulation Number 7 of 2014 concerning Compensation for Environmental Pollution and/ or Damage regulates that environmental compensation costs that have been paid are entered into the Treasury Fund as Non-Tax State Revenue (PNBP). This research identifies the mechanism for using environmental compensation costs, the implementation of Court Decitions containing environmental compensation before Supreme Court Regulation Number 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases, and how this can be a solution to the problem of environmental compensation costs in Indonesia. This research applies a normative juridical approach method using several approaches. The research results show that the environmental compensation costs that have been paid are included in the PNBP, making it difficult to disburse these funds because the long process and the absence of a recovery plan means that the compensation costs charged to the defendant do not have a detailed calculation basis. Supreme Court Regulation Number 1 of 2023 regulates environmental compensation costs are managed in the court clerk's account and lawsuits are required to include a recovery plan. [ABSTRACT FROM AUTHOR]

The mode of transportation--whether on land, at sea, or in the air--plays a crucial role in passenger mobility across various countries. Between passengers and carriers, binding contracts establish their legal relationship. However, a persistent issue remains: to what extent should carriers be held liable in cases of loss, injury, or death of passengers, and what are their obligations regarding compensation? The key question revolves around the scope of the carrier's responsibility to compensate passengers. As such, regulations governing carrier liability and compensation have become a critical focus in international legal studies, including in Indonesia, with comparisons drawn to several Southeast Asian countries. This research employs normative legal methodology with a conceptual framework. It is analyzed descriptively using a qualitative approach and concludes through deductive reasoning. The findings suggest that passenger compensation in several Southeast Asian countries does not fully satisfy the sense of justice. While there are regulations addressing compensation, they are often insufficiently stringent. In cases where accidents lead to legal action, the compensation amount is typically determined by the presiding judges on a caseby-case basis. [ABSTRACT FROM AUTHOR]

In denationalization procedures, that is, the right to compensation and/or return of confiscated property according to the Law on Compensation for Property Confiscated During the Yugoslav Communist Rule, the question of nationality is (was) extremely important. Namely, from 1996 to 2002, foreign nationals did not have the right to be entitled to compensation. Since 2002, the holder of the right to compensation is any previous owner, regardless of nationality, whose right to compensation for confiscated property is not regulated by an intergovernmental agreement. Therefore, the question of nationality is still important for the possibility of instigating denationalization procedures. In the mentioned procedures, until 2002, the question could arise as to whether a person was a Croatian national or not, that is, after 2002, the question could arise as to whether a person was a national of a state with which there is an intergovernmental agreement on compensation for confiscated property. In determining the nationality of a potential recipient of compensation, two principles of nationality law are extremely important - the principle of continuity and the principle of the primacy of nationality. The paper will analyze these two principles and their application in the denationalization process will be shown in the case of count Drašković. [ABSTRACT FROM AUTHOR]

Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms provides that every natural and legal person is entitled to the peaceful enjoyment of their possessions. No one shall be deprived of their possessions except in the public interest and subject to the conditions provided by law and the general principles of international law. The primary purpose of these provisions is to protect property. By recognising that everyone has the right to the peaceful enjoyment of their possessions, Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms effectively guarantees the right to property, with deprivation of property permissible only under certain conditions. These guarantees are not sufficiently implemented in national case law. Although municipalities are required to provide compensation (Article 18(3a) of the Act on the Protection of Tenants' Rights, Housing Resources of Municipalities and on Amendments to the Civil Code), the courts are too stringent in assessing the evidentiary requirements imposed on applicants. In the case of Wyszyński v. Poland, where the applicant was not awarded damages from the municipality for failing to provide social housing, the Court rightly noted that the domestic courts assumed that the applicant had failed to prove that the damage sustained was a normal consequence of the municipality's unlawful inactivity, even though two expert opinions were produced during the proceedings. In the case of Broniowski v. Poland, concerning property beyond the Bug River, it was clearly indicated that the taking of property without compensation in reasonable proportion to its value is generally considered disproportionate interference, and a total absence of compensation can only be justified in exceptional circumstances. It also appears essential, when assessing the existence of an adequate causal link, to rely on the knowledge and life experience of the adjudicating panel, applied appropriately to the circumstances of the case. The requirements as to the proof of damage should not be interpreted too strictly. There is a need to liberalise evidentiary proceedings and make broader use of factual presumptions (Article 231 of the Code of Civil Procedure), as well as to limit the evidence required for substantiation, to ensure that the owner can effectively seek compensation from the municipality for failure to provide social housing. Clear legislative intervention is necessary to address the defective court practices. It would be advisable to make an explicit procedural reference to the application of Article 322 of the Code of Civil Procedure in this category of cases, not only regarding the amount of damage but also concerning the fact that it occurred. [ABSTRACT FROM AUTHOR]

This article aims to discuss and analyze the nature of justice-based compensation payments to victims of fraud, the problem approaches used are a conceptual approach, a statutory approach, a comparative approach, a case approach and finally a philosophical approach. This research uses normative research by studying and understanding law as norms or positive legal rules. Sources of legal materials are obtained from legislation, literature books, theory and legal journals. Where later it will be used to find out what the essence of compensation payments should be that provides justice for victims of criminal acts of fraud to obtain their rights, namely through the reconstruction of regulations by adding sanctions in the form of criminal compensation for losses experienced as a result of the criminal act, due to criminal witnesses who were present. This applies only to giving prison sentences without paying attention to the victims. [ABSTRACT FROM AUTHOR]

Each year in Wisconsin, thousands of victims of violent crime apply for state-sponsored compensation under the Crime Victim Compensation ("CVC") statute, as they are constitutionally entitled to do. However, the CVC statute excludes from compensation any victim whose conduct "substantially contributed" to their injury or death. This standard replicates Wisconsin's basic test for causation in negligence cases; a crime victim "substantially contributed" to their injury or death if their conduct was a substantial factor in causing it. As this Comment explains, the contributory conduct limitation's causation analysis is incomplete. In negligence cases, Wisconsin courts look to several public policy factors to limit tortfeasors' liability, even where their negligent conduct was a substantial factor in bringing about the plaintiffs' injuries. The CVC statute's "substantially contributed" standard involves no such public policy inquiry, which leaves the question of legal causation unanswered. Exacerbated by administrative rules that articulate a myriad of forms of contributory conduct for CVC adjudicators to scrutinize--including the victim's consent, provocation, drug and alcohol consumption, recent criminal history, and incarceration status--the CVC statute's contributory conduct limitation supplies punishingly broad grounds for dismissing meritorious CVC claims. This tortious standard wreaks torturous results--it fails vulnerable crime victims and the intent of the Wisconsin State Legislature. This Comment argues that the CVC statute's "substantially contributed" standard must be changed and offers three improved alternatives. The first proposed approach increases the State's burden of proof as to the contributory conduct limitation; it would oblige the State to prove that a victim substantially contributed to their injury or death beyond a reasonable doubt. The second proposed approach resembles Wisconsin's contributory negligence statute. Denying a CVC claim under this approach would require a finding that the victim's contributory conduct was a greater cause of their injury or death than the perpetrator's criminal conduct. The third proposed approach adopts an adapted version of the first three public policy factors used to determine the scope of liability in negligence cases. This Comment ultimately advocates for the third, or "public policy factors," approach. The "public policy factors" approach is optimal because it entails minimal procedural strain, is legally robust, and recaptures the legislative intent of the CVC statute. In essence, this Comment encourages an approach toward contributory conduct that increases victims' access to the funds they need and deserve. [ABSTRACT FROM AUTHOR]

This article sheds new light on English involvement in the sixteenth-century transatlantic slave trade, especially the voyages of John Hawkins in the 1560s. Its focus is on William Fowler, a merchant who in 1569 was brought in front of the English High Court of the Admiralty to provide expert evidence on behalf of Sir William Garrard and Sir John Hawkins. Fowler was an experienced slave trader who worked within the Spanish system, probably trading out of Seville to New Spain. His testimony in 1569 was of great importance to Hawkins, Garrard and the other investors who backed Hawkins's ill-fated slaving voyage of 1567–9, for in his testimony Fowler provided independent and up-to-date information as to the value of slaves and other commodities which Hawkins lost in 1568 at San Juan de Ulúa. Hawkins and his backers would use these valuations to bolster their claim for compensation from the Spanish Crown for the goods they lost in 1568. Using previously unpublished sources, the article will investigate the origins of William Fowler and assess the social and economic connections that existed between Hawkins and his investors, and explain why these socio-economic networks brought Fowler to the Admiralty court in 1569. The article concludes with a transcription of Fowler's testimony. [ABSTRACT FROM AUTHOR]

The article discusses the Fifth amendment ruling in Baker v. City of McKinney, where the court invoked a "necessity exception" to deny compensation under the Takings Clause after police destroyed Vicki Baker's home during an emergency involving a fugitive kidnapper. It found that the court's application failed to properly align with historical precedents. It suggests the future courts to apply the necessity exception more carefully.

A crisis that occurs in a company has the potential to damage the company's reputation. However, if the crisis can be handled properly, then the crisis will not harm the company. The purpose of this research is to find out the crisis communication steps and efforts made by the Public Relations of Daop 2 Bandung in dealing with the crisis situation caused by the train accident. Researchers use a descriptive analysis approach because it is considered capable of describing something clearly and each part can be studied one by one, so that the facts of a case can be revealed transparently. Data collection techniques in the form of interviews, in this study the data source consists of primary data and secondary data. Primary data was obtained from interviews with Mr. Ayep Hanapi as Public Relations Manager of PT KAI Daop 2 Bandung. The results showed that PT KAI Public Relations has made several efforts to maintain the company's image, namely: First, pre-crisis PT KAI applies the zero accident principle by increasing employee competence and discipline as well as maintaining facilities and infrastructure. Second, PT KAI's crisis team collaborates with stakeholders, provides solutions, is responsive in serving the media by preparing accurate data and fact information. Third, post-crisis to improve the image by providing compensation to employees and accident victims and conducting evaluations to improve train safety and security in the future. [ABSTRACT FROM AUTHOR]

In China, sea passenger injury compensation is a crucial part of the Chinese civil personal injury compensation rule system, which consists of multiple legal sources including the Chinese Maritime Code (CMC). The CMC, which was promulgated in the 1990s, has remained unchanged for nearly three decades. In recent years, CMC rules governing sea passenger injury compensation have faced criticism and challenges. On one hand, in domestic sea passenger carriages between Chinese ports, the carriers have an incredibly low standard of liability, which is frequently criticized to be unfair and even rejected in application by the judges in judicial practice. On the other hand, in passenger injury compensation actions arising from international cruise voyages involving foreign seaports, a series of insufficiencies of CMC rules is revealed. Targeting these problems, this article explores approaches to cure the deficiencies of the current CMC rules and reconstructs a modern rule system aligning with mainstream maritime countries.1 [ABSTRACT FROM AUTHOR]

In this paper, we present an experimental procedure to enhance the dimensional accuracy of fabrication via stereolithography (SLA) of features at the sub-mm scale. Deviations in sub-mm hemispherical cavity diameters were detected and measured on customized samples by confocal microscopy. The characterization and experimental observations of samples allowed the identification of inaccuracy sources, mainly due to the laser beam scanning strategy and the incomplete removal of uncured liquid resin in post-processing (i.e., IPA washing). As a technology baseline, the measured dimensional errors on cavity diameters were up to −46%. A compensation method was defined and implemented, resulting in relevant improvements in dimensional accuracy. However, measurements on sub-mm cavities having different sizes revealed that a constant compensation parameter (i.e., C = 85, 96, 120 μm) is not fully effective at the sub-mm scale, where average errors remain at −24%, −18.8%, and −16% for compensations equal to 85, 96 and 120 μm, respectively. A further experimental campaign allowed the identification of an effective nonlinear compensation law where the compensation parameter depends on the sub-mm feature size C = f(D). Results show a sharp improvement in dimensional accuracy on sub-mm cavity fabrication, with errors consistently below +8.2%. The proposed method can be extended for the fabrication of any sub-mm features without restrictions on the specific technology implementation. [ABSTRACT FROM AUTHOR]

After the implementation of the United Kingdom's "hostile environment" immigration policies, many members of the Windrush Generation were wrongly classified as illegal immigrants by the U.K. Home Office. Those affected lost access to housing, employment, medical care, and more. In 2018, the U.K. Home Office publicly apologized and promised to compensate victims. The Windrush Compensation Scheme launched in 2019. As of January 2023, it has compensated just under thirteen percent of the anticipated claimants. The failures of the Scheme are inextricable from the historically complex relationship between the Home Office and the Windrush Generation. Evidence of this distrust manifests most prominently in allegations of racial bias within the Scheme, insufficient support for claimants from the Home Office, and unreasonable delays in the compensation process. The Home Office has yet to meaningfully address the systemic racial bias that caused the Windrush Scandal in the first place and is thus unfit to administer the scheme. The Windrush Compensation Scheme can only be justly administered by an independent body. Such an independent body should be comprised of professionals who have been supporting the Windrush community while this community's rights were stripped away by hostile environment policies. [ABSTRACT FROM AUTHOR]

In February 2022, the International Court of Justice handed down its decision in Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda) which determined claims against Uganda for its unlawful military activities in the territory of the Democratic Republic of the Congo. The decision is significant for the law of reparations, with the Court adopting a controversial 'global sum' methodology in fixing compensation which was guided by equitable considerations. Also at issue (which the Court did not decide) was whether claims for high‐level 'macroeconomic' loss are recoverable in principle under international law. This note argues that the Court's global sum methodology is a permissible (and welcome) use of equity to determine compensation where there are evidential difficulties. It also takes the view that macroeconomic loss should be recoverable in principle: a position which is consistent with the teleological design of compensation, and with the more flexible approach to economic loss which some international tribunals have taken. [ABSTRACT FROM AUTHOR]

The focus of the current study is on civil liability. It is devoted to a comprehensive examination of the problems associated with the use of a proven method of civil rights protection – compensation for harm, namely, the determination of its scope and other characteristics together with their influence on the compensation decision within the judicial process. This research aims to analyse the types of harm, the methodology for its determination, the functioning of the principle of full compensation when the amount of harm and its constituent elements change and the peculiarities of the compensation assessment by the judge. The study addresses the feasibility of best practices in the legislation of Egypt and the UAE, allowing a judge to choose a method of compensation that they consider appropriate for reimbursing the harmed party in the trial within the framework of their competence established by the law. The obtained analytical materials and normative arguments will help many foreign entities to better navigate the realities of civil law in Middle Eastern countries when planning their activities in these countries. [ABSTRACT FROM AUTHOR]

This document is a list of various academic articles and studies conducted by different authors on a range of topics. The topics covered include AI-induced anxiety in mobile payment services, big data analytics and AI in green supply chain integration, the impact of paid advertising campaigns on business profitability, justice of compensation for road opening in Jordanian law, the impact of financial ratios on bank profitability, competitive intelligence dimensions in the travel agency industry, the impact of computer-assisted auditing techniques, the effect of macroprudential regulation on bank profitability, the impact of green process innovation and productivity on sustainability, mobile marketing strategies for enhanced consumer engagement, the relationship between mobile marketing and customer perceptions in Jordanian banks, technology improvement in sustainable development goals, the effect of organizational structure on employee creativity, the impact of activity ratios on earnings, the role of environmental regulation and green human capital in sustainable development, corporate environmental management responsibility and firm performance, strategic management challenges through topic modeling, the impact of the Blue Ocean Strategy on competitive advantage, the role of corporate environmental management responsibility on firm performance, and the adoption of contemporary management accounting practices in the public industry. [Extracted from the article]

During a poignant saga of American history, Henrietta Lacks stands as an emblem of both scientific triumph and ethical controversy. In 1951, Mrs. Lacks, a tobacco farmer and mother of five, visited Johns Hopkins Hospital for treatment of what was later discovered to be advanced stage cervical cancer. Her doctors treated her with radium, which was standard practice at the time. However, Mrs. Lacks's cancer rapidly metastasized and she ultimately passed away just months later on October 4, 1951, at the age of 31. During the course of her treatment, Mrs. Lacks's cells were non-consensually removed for purposes of scientific research. The cell line, coined "HeLa cells," have in many ways immortalized Mrs. Lacks, playing an instrumental role in numerous medical breakthroughs, including the development of Covid vaccines. Despite the immense contributions her cell line made to scientific research, Mrs. Lacks and her family never received acknowledgement or compensation for the non-consensual taking and continued usage of HeLa cells. Decades later, her family filed a lawsuit against Thermo Fisher Scientific, seeking damages in profits gained from the commercialization of her cell line. This article explores the legal precedent governing the ownership of human biological materials and compares them to cases involving entrusted goods and stolen art. It scrutinizes the hurdles encountered by the Lacks family in their quest for accountability and compensation. Ultimately, the Lacks family settled with the biotech giant, sparking discussions about the ethical implications of using human biological materials in research and the need for greater protections of patient rights. [ABSTRACT FROM AUTHOR]