1,720,954 research outputs found
Confronting the Defi Revolution: A Comparative Analysis of the Application of New Zealand's Personal Property Securities Act 1999 to Crytoassets
No full textThe financial sector is being upended. The major disruptor is decentralised finance (DeFi), which eliminates the need for centralised intermediaries by empowering individuals with peer-to-peer digital exchanges. DeFi has experienced rapid growth over the past few years and its proliferation is likely to continue. DeFi, which uses emerging blockchain technology, is underpinned by cryptoassets such as bitcoin, ether, and Non-Fungible Tokens (NFTs). As DeFi offerings have become increasingly sophisticated, important legal issues have arisen. One such issue is whether the law is appropriately positioned to recognise and give effect to cryptoasset-collateralised lending arrangements. Presently, legal uncertainty poses a substantial risk to market participants, who are for the most part transacting blindly. This paper, therefore, addresses the applicability and comparative suitability of New Zealand’s Personal Property Securities Act 1999 (the PPSA) to cryptoasset collateral arrangements. It argues, using the recent Singaporean case of Chefpierre as a test case, that the PPSA is generally preferable — as regards upholding DeFi parties’ intentions by providing due legal recognition to their arrangements — to the English (and thus Singaporean) approach to secured credit law. Although determining that the PPSA is better positioned than English law to respond to novel cryptoasset collateral arrangements, the author illustrates how the challenges posed by cryptoassets still necessitate a degree of legislative change — in particular, to the PPSA’s perfection requirements and priority rules. Consequently, the author undertakes a thorough review of potential routes to legislative change, including a comparative analysis of legal principles and developments in the United Kingdom and the United States of America. The author subsequently recommends that a number of bespoke rules and concepts designed to respond to cryptoassets be introduced into the PPSA, concluding that such reform is a crucial step in New Zealand’s journey to confront the DeFi revolution
Credit Where Credit is Due: Buy Now, Pay Later and Evolving Paradigms of Credit Regulation
No full textThis paper analyses New Zealand’s legal response to the proliferation of Buy Now, Pay Later (BNPL) products, focusing on the legal theoretical framework underpinning the Credit Contracts and Consumer Finance Act 2003 (the CCCFA). It argues that the introduction of the lender responsibility principles into the CCCFA marked a shift, first, toward treating credit more as a consumer good rather than merely a contract, and second, toward a consumer safety paradigm of credit regulation by requiring credit providers to ensure that credit is fit for purpose and safe for consumers. New Zealand’s approach to regulating BNPL, which exempts providers from the obligations to assess suitability and affordability, challenges this paradigm. This paper critiques New Zealand’s regulatory approach, arguing that it fails to adequately protect consumers from the financial harm resulting from the improper extension of BNPL credit. The deviation from the norms of consumer credit regulation lacks justification, both theoretically and practically. Australia’s recently proposed framework is preferable, as it ensures robust consumer protection while remaining responsive to the risk that overregulation could diminish the consumer benefits arising from innovative products like BNPL. Another significant shortcoming of New Zealand’s regulatory framework is its exclusive focus on regulating BNPL as a conventional form of credit. This inclination fails to recognize the true innovation of BNPL, as well as the unique risks it poses – namely, that its design promotes overspending through “frictionless” digital interfaces and gamified elements that exploit consumers' behavioural biases and emotions. This paper contends that merely classifying BNPL within existing models of credit regulation is insufficient. Instead, it recommends innovative regulatory frameworks, potentially incorporating concepts like the United Kingdom’s Consumer Duty, to better address the novel challenges posed by BNPL. Additionally, a regulatory approach targeting both BNPL providers and merchants would ensure more comprehensive consumer protection and hold to account both the parties responsible for driving over-indebtedness. Such solutions highlight the need for New Zealand’s consumer credit law to evolve
Confronting the DeFi Revolution: A Comparative Analysis of the Application of New Zealand's Personal Property Securities Act 1999 to Cryptoassets
Full text linkThe financial sector in the 21st century is experiencing a revolution. The major disruptor is decentralised finance (DeFi) which leverages emerging blockchain technology to eliminate the need for centralised financial institutions and empowers individuals with peer-to-peer digital exchanges. DeFi is underpinned by cryptoassets such as bitcoin, ether, and non-fungible tokens (NFTs). As DeFi offerings have become increasingly sophisticated, important legal issues have arisen. One such issue is whether the law is appropriately positioned to recognise and give effect to the use of cryptoassets as collateral in lending arrangements. The lack of legal certainty at present poses a substantial risk to market participants who are, for the most part, transacting blindly. This article, therefore, addresses the applicability and comparative suitability of New Zealand's Personal Property Securities Act 1999 (PPSA) to cryptoasset collateral, using the recent Singaporean case of Chefpierre as a test case. It argues that the PPSA is generally better positioned than English (Singaporean) secured credit law to respond to the emerging use of cryptoassets as collateral. Nevertheless, the challenges posed by cryptoasset collateral necessitate legislative change; in particular, change to the PPSA's perfection requirements and priority rules. After reviewing and analysing recent legal developments in the United Kingdom and the United States, this article proposes that a number of bespoke rules and concepts designed to respond to cryptoassets be introduced into the PPSA
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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
Full text link“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
Full text linkWe 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
Full text linkWe 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
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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