1,720,956 research outputs found
Does the Loss of Chance Doctrine Have a Chance in International Sport Arbitration?
Full text linkThe Article analyzes whether and, if so, how, the loss of chance doctrine providing the basis for claims against person who deprived victims of a chance of occurrence of a certain result or decreased this chance could be used in international sport arbitration at the Court of Arbitration for Sport (CAS). It provides a comparative analysis of applicability of this doctrine under English law, French law, and the law of the State of New York to sport competitions and outlines potential problems of utilizing this doctrine in the CAS arbitration through domestic law based on choice-of-law rules. The Article argues that the result of application of these rules would be either unpredictable or predominantly unfavorable to athletes, because the CAS panels would likely end up with the application of Swiss law currently not recognizing this doctrine. Such an outcome may encourage the athletes to turn their eyes to state courts, undermining many years of attempts to uniformize resolution of international sport disputes, which started with the creation of the CAS in 1984. Following an explanation of the CAS role in the uniformization of legal regulation of international sport, the Article argues in favor of incorporation of the loss of chance doctrine into the so-called Lex Sportiva as an independent supra-national concept by the CAS, outlines its content, identifies potential objections against this concept and addresses them
The Concept of “Investment” at the Dawn of the Digital Era
Full text linkNew methods of doing international business, which have appeared in the process of digital transformation of economic and social life, have not gone unnoticed by a number of States that use tax and administrative methods to regulate them. One possible way to protect the interests of operators of digital business models from such regulation could be bringing claims against these States on the basis of bilateral and multilateral treaties for the promotion and protection of investments. Among the mandatory conditions for the presentation of such claims is the presence in the territory of a host State of protected “investments” within the meaning of an applicable treaty. This Article analyzes the meaning of the term “investment” in the pre-digital age as well as the exact content of the territorial link requirement with the host State. It describes four typical business models of the digital economy: (i) digital reseller; (ii) digital marketplace operator; (iii) search engine operator; and (iv) social network operator. It then analyzes the possibility of recognizing each business model’s intangible assets as “investments” for the purposes of investment treaties. It also identifies the shortcomings of the existing concept of “investment,” which was formed before the advent of the digital economy for the effective protection of digital assets and forecasts possible directions of development of existing arbitration practice to eliminate these shortcomings. The Article also identifies the emerging regulatory role of this concept in the digital era
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The Concept of “Investment” at the Dawn of the Digital Era
No full textNew methods of doing international business, which have appeared in the process of digital transformation of economic and social life, have not gone unnoticed by a number of States that use tax and administrative methods to regulate them. One possible way to protect the interests of operators of digital business models from such regulation could be bringing claims against these States on the basis of bilateral and multilateral treaties for the promotion and protection of investments. Among the mandatory conditions for the presentation of such claims is the presence in the territory of a host State of protected “investments” within the meaning of an applicable treaty. This Article analyzes the meaning of the term “investment” in the pre-digital age as well as the exact content of the territorial link requirement with the host State. It describes four typical business models of the digital economy: (i) digital reseller; (ii) digital marketplace operator; (iii) search engine operator; and (iv) social network operator. It then analyzes the possibility of recognizing each business model’s intangible assets as “investments” for the purposes of investment treaties. It also identifies the shortcomings of the existing concept of “investment,” which was formed before the advent of the digital economy for the effective protection of digital assets and forecasts possible directions of development of existing arbitration practice to eliminate these shortcomings. The Article also identifies the emerging regulatory role of this concept in the digital era
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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