1,720,956 research outputs found
Algorithms and Omertà: A Discussion of Compatibility Between Seemingly Disparate Legal Spheres
No full textThis Note assesses the viability of federal prosecutors’ use of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) to prosecute spoofing, a market manipulating trading practice characterized by the cancellation of large orders meant to artificially alter market prices. Traditional spoofing convictions have been difficult to secure because of spoofing’s complicated and esoteric nature and difficult-to-prove elements. Now, for the first time, prosecutors in United States v. Smith have indicted alleged spoofers under RICO, which Congress designed with the intent to overcome evidentiary difficulties in organized crime prosecutions, particularly prosecutions of the American Mafia. However, the disparity between spoofing and the Mafia’s traditional street rackets raises the questions of whether federal prosecutors may viably use RICO to prosecute spoofing and whether doing so will produce significant implications.
This Note compares the legal contexts of spoofing and RICO to form the foundation of the discussion of whether prosecutors may viably use RICO to prosecute spoofing. This Note supports the use of RICO in spoofing cases, acknowledging RICO’s easier-to-prove elements and spoofing’s possible qualification as a number of RICO’s prohibited racketeering activities, and recommends that RICO’s use be complemented by effective use of cooperating witnesses. However, this Note also warns of potential negative side effects from using RICO to prosecute spoofing, such as the government incidentally overlooking solo spoofers due to excess concentration on groups of spoofers
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Algorithms and Omertà: A Discussion of Compatibility Between Seemingly Disparate Legal Spheres
No full textThis Note assesses the viability of federal prosecutors’ use of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) to prosecute spoofing, a market manipulating trading practice characterized by the cancellation of large orders meant to artificially alter market prices. Traditional spoofing convictions have been difficult to secure because of spoofing’s complicated and esoteric nature and difficult-to-prove elements. Now, for the first time, prosecutors in United States v. Smith have indicted alleged spoofers under RICO, which Congress designed with the intent to overcome evidentiary difficulties in organized crime prosecutions, particularly prosecutions of the American Mafia. However, the disparity between spoofing and the Mafia’s traditional street rackets raises the questions of whether federal prosecutors may viably use RICO to prosecute spoofing and whether doing so will produce significant implications.
This Note compares the legal contexts of spoofing and RICO to form the foundation of the discussion of whether prosecutors may viably use RICO to prosecute spoofing. This Note supports the use of RICO in spoofing cases, acknowledging RICO’s easier-to-prove elements and spoofing’s possible qualification as a number of RICO’s prohibited racketeering activities, and recommends that RICO’s use be complemented by effective use of cooperating witnesses. However, this Note also warns of potential negative side effects from using RICO to prosecute spoofing, such as the government incidentally overlooking solo spoofers due to excess concentration on groups of spoofers
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Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts
No full textFlorida Statutes section 381.00316 prohibits businesses in Florida from requiring consumers to provide documentary proof of COVID-19 vaccination to access businesses’ goods and services. Norwegian Cruise Line Holdings (“NCLH”) has recently challenged section 381.00316’s applicability to its cruise operations because NCLH believes that requiring its passengers to provide documentary proof of COVID-19 vaccination is the one constant that allows NCLH’s cruise ships to smoothly access foreign ports, which have differing COVID-19 protocols and rules. In Norwegian Cruise Line Holdings, Ltd. v. Rivkees, the United States District Court for the Southern District of Florida ruled in favor of NCLH on this challenge, stating that section 381.00316 violated NCLH’s First Amendment rights and the dormant Commerce Clause of the U.S. Constitution. This decision is now on appeal in the United States Court of Appeals for the Eleventh Circuit.This Comment argues that NCLH could have brought another claim to deflect section 381.00316’s applicability to NCLH’s cruise operations: a claim of admiralty jurisdiction. A claim of admiralty jurisdiction would have likely led the court to determine that NCLH’s passenger ticket contract, which contains provisions that require passengers to provide documentary proof of COVID-19 vaccination before boarding NCLH’s ships, is a maritime contract that is subject only to federal maritime law and not Florida state law. Thus, section 381.00316 cannot prohibit NCLH’s requirement of passengers’ documentary proof of COVID-19 vaccination. This Comment discusses the value of bringing an admiralty jurisdiction claim in this context, and highlights how businesses that create and enter maritime contracts, particularly other cruise lines conducting cruises out of Florida, can take advantage of an admiralty jurisdiction claim to avoid compliance with state laws that burden their operation
Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts
Get PDFFlorida Statutes section 381.00316 prohibits businesses in Florida from requiring consumers to provide documentary proof of COVID-19 vaccination to access businesses’ goods and services. Norwegian Cruise Line Holdings (“NCLH”) has recently challenged section 381.00316’s applicability to its cruise operations because NCLH believes that requiring its passengers to provide documentary proof of COVID-19 vaccination is the one constant that allows NCLH’s cruise ships to smoothly access foreign ports, which have differing COVID-19 protocols and rules. In Norwegian Cruise Line Holdings, Ltd. v. Rivkees, the United States District Court for the Southern District of Florida ruled in favor of NCLH on this challenge, stating that section 381.00316 violated NCLH’s First Amendment rights and the dormant Commerce Clause of the U.S. Constitution. This decision is now on appeal in the United States Court of Appeals for the Eleventh Circuit.This Comment argues that NCLH could have brought another claim to deflect section 381.00316’s applicability to NCLH’s cruise operations: a claim of admiralty jurisdiction. A claim of admiralty jurisdiction would have likely led the court to determine that NCLH’s passenger ticket contract, which contains provisions that require passengers to provide documentary proof of COVID-19 vaccination before boarding NCLH’s ships, is a maritime contract that is subject only to federal maritime law and not Florida state law. Thus, section 381.00316 cannot prohibit NCLH’s requirement of passengers’ documentary proof of COVID-19 vaccination. This Comment discusses the value of bringing an admiralty jurisdiction claim in this context, and highlights how businesses that create and enter maritime contracts, particularly other cruise lines conducting cruises out of Florida, can take advantage of an admiralty jurisdiction claim to avoid compliance with state laws that burden their operation
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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