The hidden costs of carbon commodification: emissions trading, political legitimacy and procedural justice
In: Democratization, Band 19, Heft 5, S. 932-950
ISSN: 1743-890X
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In: Democratization, Band 19, Heft 5, S. 932-950
ISSN: 1743-890X
In: Democratization, Band 19, Heft 5, S. 932-951
ISSN: 1351-0347
Introduction: Globally, over one million cardiac operations occur each year, whereas cardiac surgery is expensive and largely inaccessible without insurance or philanthropic support. Substantial cost variation has been reported within cardiac surgery in the United States and among non-cardiac surgical procedures globally, but little is known on the global procedural cost variation for common adult cardiac surgical procedures. Objectives and significance: This review seeks to assess variation in procedural costs of coronary artery bypass grafting (CABG), mitral valve repair, mitral valve replacement, aortic valve repair, aortic valve replacement, and combined CABG-mitral or CABG-aortic valve procedures between and within countries. Results may give insights in the scope and drivers of cost variation around the world, posing cost reduction lessons. Results may further inform the potential of economies of scale in reducing procedural costs, benefiting patients, hospitals, governments, and insurers. Methods and analysis: A systematic review will be performed using the EconLit, Embase, PubMed/MEDLINE, Web of Science, and WHO Global Index Medicus databases to identify articles published between January 1, 2000 and June 1, 2020. Studies describing procedural costs for CABG, mitral valve repair, mitral valve replacement, aortic valve repair, aortic valve replacement, and combined CABG-mitral or CABG-aortic valve procedures will be identified. Articles describing other types of cardiac surgery, concomitant aortic surgery, only describing costs related to non-surgical care, or with incomplete cost data will be excluded from the analysis. No exclusion will be based solely on article type or language. Identified costs will be converted to 2019 USD to account for local currency unit inflation and exchange fluctuations. Ethics and dissemination: This study protocol has been prospectively registered on the International Platform of Registered Systematic Review and Meta-analysis Protocols. This review requires no institutional ...
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In: Science and public policy: journal of the Science Policy Foundation
ISSN: 1471-5430
In: Political behavior, Band 40, Heft 1, S. 3-19
ISSN: 1573-6687
In: Oxford International Arbitration Series
Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. Indeed, there are a number of important points of departure from the procedural rules commonly adopted in the context of international commercial arbitration. [This book]...address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitrations conducted under the ICSID, UNCITRAL, and other arbitral rules...[This] book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to post-hearing applications and costs.
From Google's auto-correction of spelling errors to Netflix's movie suggestions, machine-learning systems are a part of our everyday life. Both private and state actors increasingly employ such systems to make decisions that implicate individuals' substantive rights, such as with credit scoring, government-benefit eligibility decisions, national security screening, and criminal sentencing. In turn, the rising use of machine-learning systems has led to questioning about whether they are sufficiently accurate, fair, and transparent. This Article builds on that work, focusing on how opaque technologies can subtly erode the due process norm of participation. To illuminate this issue, this Article examines the use of predictive coding—a form of technology-assisted review in which supervised machine-learning software is taught to predict the relevance of collected documents for discovery productions. The use of predictive coding in civil discovery highlights the new challenge to the participation norm because the processes generally do not provide any explanations for the outputs, much less non-technological accounts that are tied to the underlying substantive legal issues. Thus, even if predictive coding results in reasonably complete, accurate, and cost-efficient productions, the "black-box" nature of the process may harm the legitimacy that comes from litigants understanding and being able to more fully participate in judicial processes. This harm, however, has not been addressed by the developing jurisprudence, probably because most of the early cases involved high-stakes litigation between sophisticated parties who could afford computer experts. But the participation issue—and related equality concerns—will become increasing problematic as the technology's use expands beyond this privileged posture. In response to these issues, this Article proposes a reinvigorated Mathews framework that explicitly weighs predictive coding's impact on the participation norm to better futureproof the doctrine.
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Проанализированы существующие подходы ученых к определению понятия судебные (процессуальные) расходы в уголовном процессе Украины. Сформулировано понятие судебных (процессуальных) расходов, а также определена их структура. Рассмотрен порядок и определены особенности компенсации (возмещение) расходов и выплаты вознаграждения лицам, которые принимают участие в осуществлении уголовного и судебного производства. ; The article analyses the existing approaches to the definition of court (procedural) costs in the criminal process in Ukraine. The author defines the notion of court (procedural), their structure, the order of compensation and characteristics of compensation (indemnification) of costs and remuneration to persons who participate in the implementation of criminal and judicial proceedings. The author also introduces the institution of procedural costs which result from criminal proceedings, because the latter is accompanied by significant material costs, most of which are paid by the state, while the other part is paid by certain participants of the proceedings. Therefore, the problem of compensation of procedural costs is relevant in terms of various factors: the financial status of the parties to the criminal proceedings; financial support of the law enforcement activities, and so on. Topical are the problems of the definition and the structure of procedural costs, because the new Code of Criminal Procedure of Ukraine does not give answers to them, which has become the cause for much debate among scholars, practitioners and specialists of criminal procedural law. The legislator has expanded the range of court costs compared to those stated in the Criminal Procedure Code of Ukraine in 1960, because in accordance with Art. 91 of the Code the court costs consist of: 1) the sums that were paid or were supposed to be paid to witnesses, victims, experts, specialists, translators and attesting witnesses; 2) the sums spent on storage, shipment and examination of material evidence; 3) other expenses made by the bodies of inquiry, pre-trial investigation and court in the exercise of the case. In addition, court expenses also include the costs associated with the provision of the international legal assistance in the territory of Ukraine (Art. 93-2 of the Code). This decision of the legislator has not only expanded the content of the court (procedural) costs in the criminal proceedings in Ukraine, but also created additional guarantees for the compensation of material expenses that are incurred by the participants in the criminal proceedings.
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Abstract Even though there exists an extensive Law and Economics literature on the topics of procedural law and harmonization of law, very little has been written on harmonization of procedural law as such. In this paper I first provide a brief overview of the economic approach to legal intervention, private enforcement and procedural law. Subsequently, I discuss the economics of harmonization of (substantive) private law. The traditional legal arguments in favor of harmonization (differences in legal rules between countries result in legal uncertainty and increased costs and therefore hinder cross-border trade, and harmonization would create a level playing field) turn out to be unconvincing. The economic analysis of law provides several arguments against harmonization (regulatory competition enables satisfying a larger number of preferences, it enables learning effects, (centralized) legislators suffer from limited information and the possible influence of interest groups should be taken into account) and in favor of it (the need to internalize interstate externalities, the desire to avoid a race to the bottom, decreasing transaction costs and profiting from economies of scale). These arguments have to be weighed in order to reach a conclusion on the desirability of harmonization Such a weighing shows that there is, at best, a limited scope for harmonization of procedural law (and then only as an additional option). Harmonization would remove the possible learning effects and does not allow satisfying a larger number of preferences. The possible arguments in favor of harmonization of procedural law seem week, especially now procedural law is closely connected to the underlying substantive law. The only potentially strong argument is the reduction of transaction costs. It is ultimately an empirical matter if this argument outweighs the arguments against harmonization. The 2008 Oxford Civil Justice Survey in my view suggests that this is not the case.
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In: Public administration review: PAR, Band 67, Heft 4, S. 688-701
ISSN: 1540-6210
Few, if any, regulations over the past decade have received as much publicity or engendered such controversy as the ergonomics regulation of the Occupational Health and Safety Administration (OSHA). Some may see the ergonomics rule as the paradigmatic instance of procedural hurdles holding up and eventually destroying a regulation. This article examines the role that procedure played in the ergonomics rulemaking. Lessons are drawn from an analysis of the four publicly available versions of the regulation and interviews with seven high‐ranking officials at OSHA and the Small Business Administration. Of the procedural hurdles faced by OSHA, the notice‐and‐comment requirement had the largest impact on the final rule. OMB review and requirements to conduct a cost‐benefit analysis served largely as a fire alarm to political overseers, and the required small business panel had largely symbolic effects. The more traditional control of congressional budgetary oversight had the greatest effect by delaying the rule for three years, and thus eventually doomed OSHA's attempts to regulate.
In: Zbornik radova Pravnog Fakulteta u Nišu: Collection of papers, Faculty of Law, Niš, Band 60, Heft 91, S. 75-96
ISSN: 2560-3116
The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine the legislator's goal in regulating this insitute, to identify in which situations such a decision has to be made, and to establish how effective that type of decision is. At the beginning of the paper, the author focuses on the concept of effectiveness, including different, mutually opposed, approaches to defining that notion. The author points out the conceptual misunderstanding between efficiency and effectiveness, and their unjustified equalization. The main goal of introducing the institute of procedural administrative decision is the aspiration for greater protection of parties' procedural rights. The analysis of the text of the General Administrative Procedure Act has yielded seventeen basic types of procedural administrative decisions: a decision on rejecting the party's request, a decision not to allow alteration of the party's request, a decision on suspending the procedure, a decision on termination of the procedure, a decision on imposing a fine, decision on request, a decision on execution, a decision on securing the execution, a decision on appointing a temporary representative, a decision on denying representation to a quack lawyer for unlicenced practice of law, a decision on proposal for restitution, a decision on bearing preliminary procedure costs, a decision on exemption from procedure costs, a decision on payment of costs resulting from the absence or unjustified denial of testimony, a decision on compensation for damage to the holder, a decision on the proposal for providing evidence, and a decision on ordering an interim measure. The author concludes that the institute of procedural administrative decision can negatively affect the effectiveness of administrative proceedings due to the possibility of its unnecessary extension.
Part 4: Building Information Modeling (BIM) ; International audience ; Large-scale 3D city building models have been widely used in urban planning, intelligent transportation, military simulation and other fields. The traditional ways of modeling generally have common problems such as low efficiency, waste of manpower and time consumption. How to find a rapid approach to automatically complete large-scale 3D modeling is a very hot research topic. In this paper we propose a novel approach of procedural modeling of buildings with CityEngine, which is combined with ArcGIS technology for the geographic information. This approach produces extensive architectural 3D models with high visual quality and geometric details at low cost. It includes following two contents concretely. At first, directly writing computer generated architecture (CGA) shape grammar to complete procedural modeling of building and other objects. Secondly, using facade modeling based on two-dimensional images to generate architectural model as well as creating high geometry details. It is validated that this novel approach of procedural modeling is a significant step forward that reduces a lot of modeling times by CGA shape grammars.
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Part 4: Building Information Modeling (BIM) ; International audience ; Large-scale 3D city building models have been widely used in urban planning, intelligent transportation, military simulation and other fields. The traditional ways of modeling generally have common problems such as low efficiency, waste of manpower and time consumption. How to find a rapid approach to automatically complete large-scale 3D modeling is a very hot research topic. In this paper we propose a novel approach of procedural modeling of buildings with CityEngine, which is combined with ArcGIS technology for the geographic information. This approach produces extensive architectural 3D models with high visual quality and geometric details at low cost. It includes following two contents concretely. At first, directly writing computer generated architecture (CGA) shape grammar to complete procedural modeling of building and other objects. Secondly, using facade modeling based on two-dimensional images to generate architectural model as well as creating high geometry details. It is validated that this novel approach of procedural modeling is a significant step forward that reduces a lot of modeling times by CGA shape grammars.
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Part 4: Building Information Modeling (BIM) ; International audience ; Large-scale 3D city building models have been widely used in urban planning, intelligent transportation, military simulation and other fields. The traditional ways of modeling generally have common problems such as low efficiency, waste of manpower and time consumption. How to find a rapid approach to automatically complete large-scale 3D modeling is a very hot research topic. In this paper we propose a novel approach of procedural modeling of buildings with CityEngine, which is combined with ArcGIS technology for the geographic information. This approach produces extensive architectural 3D models with high visual quality and geometric details at low cost. It includes following two contents concretely. At first, directly writing computer generated architecture (CGA) shape grammar to complete procedural modeling of building and other objects. Secondly, using facade modeling based on two-dimensional images to generate architectural model as well as creating high geometry details. It is validated that this novel approach of procedural modeling is a significant step forward that reduces a lot of modeling times by CGA shape grammars.
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