1,720,966 research outputs found
Thumbs, Fingers, and Pushing on String: Legal Accountability in the Use of Federal Financial Incentives
Full text linkThe federal government makes extensive use of its spending powers to establish programs intended to influence private behaviour in furtherance of public policy objectives. Incentives are frequently used where more conventional policy instruments would not be appropriate or available. However, in many situations, such programs lack adequate legal structure. The author concludes that the minimal legal structure allows for tremendous administrative flexibility, but detracts from effective accountability, and can negatively affect operational fairness. Taking a functional approach to analysis, the author argues that since incentives are public policy instruments intended to alter behaviour, they are akin (though not identical) to conventional regulatory approaches, and so should be subject to many of the same legal principles and structures as apply to conventional policy instruments. The effect would be more open and accountable frameworks for the creation and operation of incentives, which should result in better designed and more fair and efficiently functioning incentive regimes
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
Acid Rain and Ozone Layer Depletion: International Law and Regulation
Full text linkAlthough international customary and conventional law have addressed aspects of transfrontier pollution problems for decades,\u27 the regional and global environmental degradations which have come to the forefront in the 1980s and 1990s - acid rain, ozone depletion, and global warming, to name but three - represent new challenges to existing international law institutions and concepts. In a sense, the world has over the past two centuries gone through a period of what could be called technological adolescence , as individuals and corporations, largely from industrialized nations, exploited the earth\u27s resources with little if any concern for the immediate and long-term implications of their actions. In the face of evermounting and ominous evidence of the seriously ill health of the planet, there has been growing recognition that there are limits to what the earth can provide as well as responsibilities associated with the use of its resources. The as yet unanswered question is whether the structures and concepts of international law developed to this point are or will be adequate to contend with the serious threats to the world\u27s environment which lie ahead
Regulatory offences: The quest for a non-criminal approach to penal liability.
No full textThe thesis of this paper is that there has developed a distinctive, fair and appropriate approach to imposing penal liability in regulatory contexts, and that this approach does not involve proof of the subjective intent of the accused. Described here as the strict liability offence, with due diligence defence established on a balance of probabilities; this non-intentional approach to penal liability should not be viewed as simply an offshoot of the criminal offence, since its historical origins, evolution, function, justifications and implications are unique to regulatory contexts. Its widespread use in regulatory legislation of many common law countries is testament to its practicality and fairness, while its comparative scarcity in the United States is perhaps partial explanation for the chaotic and unsatisfactory nature of regulatory penal law in that jurisdiction. To explore the veracity of these claims, the paper adopts a varied approach. First, in Part One, historical analysis of the origins and early forms of regulatory offences is undertaken. This historical analysis reveals the ancient lineage of the modern regulatory offence, with use of non-intentional, objective negligence as the basis for penal liability extending back to pre-Biblical societies. A distinctive stream of nonintentional "petty offences" for commercial misconduct is identified as emerging in medieval England. The industrial Revolution, and the associated harms appropriateness of the intent requirement when addressing commercial misconduct. This is followed in Part Two by an examination of the conception and development of the strict liability offence in the modern era in Canada, with comparisons to the use of regulatory offences in Australia, New Zealand, the United Kingdom, United States, Netherlands and Germany. The recognition of the strict liability offence by the Supreme Court of Canada has put the Canadian judiciary in the vanguard in terms of developing an approach to penal liability which is particularly suited to the exigencies of modern regulatory activity, and so it is a focus of attention. Of particular interest is the fact that the strict liability offence was recognized by the Supreme Court prior to the introduction of the Canadian Charter of Rights and Freedoms, with its explicit protections of the rights of accused persons, and yet the offence has since survived Charter challenges. Examination of judicial and legislative recognition and usage of non-intentional regulatory offences in the United States, the United Kingdom, Australia, New Zealand, Germany, and the Netherlands reveals universal recognition of the need to use some form of non-intentional offence to address regulatory misconduct, but wide variations in terms of what is considered acceptable. The similarities and divergences are discussed in attempt to find common elements. In Part Three, a jurisprudential perspective to use of regulatory offences is provided, focussing on the underlying legal principles at play. A focus of analysis is the possible justifications for the strict liability offence as a choice-based system of penal liability which maximizes individual liberty. Comparisons are made with both the "true crimes" model and the absolute liability offence type. Part Three also includes an examination of the possible catalyst effect of the strict liability offence with reasonable care defence as a motivator for industrial sectors to develop preventative "self-regulatory" systems to ensure due diligence. Finally, overall conclusions to the thesis are provided
ISO 26000: Bridging the Public/Private Divide in Transnational Business Governance Interactions
Full text linkThis paper explores the proposition that the ISO 26000 social responsibility guidance standard represents an innovative form of global social responsibility (SR) rule instrument that performs five key distinctive bridging functions in addressing public and private transnational business governance interactions: (1) top down transpositions of key concepts from inter-governmental instruments directed at first instance at states into a non-state global SR rule instrument applying directly to transnational corporations (TNCs) and other organizations, (2) bottom up transpositions of key concepts from non-state SR instruments of narrow focus to apply more broadly to all SR activities, (3) innovations in the standards development process, to bridge and bring together a diverse range of key public sector, private sector and civil society actors (including SR instrument competitors), thus forming a key basis for its characterization as an influential statement of the global community concerning the appropriate behaviour of TNCs and other organizations, (4) design of the instrument as a framework normative document intended for use by public sector, private sector and civil society actors, compatible and aligned with other key global SR instruments, and (5) characterization of ISO 26000 as emerging global SR custom, to be applied by domestic governments, courts, and others, to address behaviour of TNCs and other organizations
Regulatory offences: The quest for a non-criminal approach to penal liability.
No full textThe thesis of this paper is that there has developed a distinctive, fair and appropriate approach to imposing penal liability in regulatory contexts, and that this approach does not involve proof of the subjective intent of the accused. Described here as the strict liability offence, with due diligence defence established on a balance of probabilities; this non-intentional approach to penal liability should not be viewed as simply an offshoot of the criminal offence, since its historical origins, evolution, function, justifications and implications are unique to regulatory contexts. Its widespread use in regulatory legislation of many common law countries is testament to its practicality and fairness, while its comparative scarcity in the United States is perhaps partial explanation for the chaotic and unsatisfactory nature of regulatory penal law in that jurisdiction. To explore the veracity of these claims, the paper adopts a varied approach. First, in Part One, historical analysis of the origins and early forms of regulatory offences is undertaken. This historical analysis reveals the ancient lineage of the modern regulatory offence, with use of non-intentional, objective negligence as the basis for penal liability extending back to pre-Biblical societies. A distinctive stream of nonintentional "petty offences" for commercial misconduct is identified as emerging in medieval England. The industrial Revolution, and the associated harms appropriateness of the intent requirement when addressing commercial misconduct. This is followed in Part Two by an examination of the conception and development of the strict liability offence in the modern era in Canada, with comparisons to the use of regulatory offences in Australia, New Zealand, the United Kingdom, United States, Netherlands and Germany. The recognition of the strict liability offence by the Supreme Court of Canada has put the Canadian judiciary in the vanguard in terms of developing an approach to penal liability which is particularly suited to the exigencies of modern regulatory activity, and so it is a focus of attention. Of particular interest is the fact that the strict liability offence was recognized by the Supreme Court prior to the introduction of the Canadian Charter of Rights and Freedoms, with its explicit protections of the rights of accused persons, and yet the offence has since survived Charter challenges. Examination of judicial and legislative recognition and usage of non-intentional regulatory offences in the United States, the United Kingdom, Australia, New Zealand, Germany, and the Netherlands reveals universal recognition of the need to use some form of non-intentional offence to address regulatory misconduct, but wide variations in terms of what is considered acceptable. The similarities and divergences are discussed in attempt to find common elements. In Part Three, a jurisprudential perspective to use of regulatory offences is provided, focussing on the underlying legal principles at play. A focus of analysis is the possible justifications for the strict liability offence as a choice-based system of penal liability which maximizes individual liberty. Comparisons are made with both the "true crimes" model and the absolute liability offence type. Part Three also includes an examination of the possible catalyst effect of the strict liability offence with reasonable care defence as a motivator for industrial sectors to develop preventative "self-regulatory" systems to ensure due diligence. Finally, overall conclusions to the thesis are provided
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ISO 26000: Bridging the Public/Private Divide in Transnational Business Governance Interactions
No full textThis paper explores the proposition that the ISO 26000 social responsibility guidance standard represents an innovative form of global social responsibility (SR) rule instrument that performs five key distinctive bridging functions in addressing public and private transnational business governance interactions: (1) top down transpositions of key concepts from inter-‐governmental instruments directed at first instance at states into a non-‐state global SR rule instrument applying directly to transnational corporations (TNCs) and other organizations; (2) bottom up transpositions of key concepts from non-‐state SR instruments of narrow focus to apply more broadly to all SR activities; (3) innovations in the standards development process, to bridge and bring together a diverse range of key public sector, private sector and civil society actors (including SR instrument competitors), thus forming a key basis for its characterization as an influential statement of the global community concerning the appropriate behaviour of TNCs and other organizations; (4) design of the instrument as a framework normative document intended for use by public sector, private sector and civil society actors, compatible and aligned with other key global SR instruments; and (5) characterization of ISO 26000 as emerging global SR custom, to be applied by domestic governments, courts, and others, to address behaviour of TNCs and other organizations
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