Suchergebnisse

It seems that the point of view that French law is more formal than English Common law, and consequently, is less capable of taking the expectations of business into account, misjudges the representation that French lawyers have of their own legal system. The interpretation of the Civil Code in French law is the outcome of a both formal and substantial analysis. In this sense, H. Collins' proposal to enhance European contract law with legislative provisions made of 'open textured rules' that are supposed to be more efficient for business than formal rules, does not constitute an heresy for a continental civil law lawyer. However, the use of such rules does not suffice to make a good contract law. It is only one solution among others. What we do not need is an anarchic judge. What we need is a judge who is able to inscribe his interpretation in a genuine legal system.

Other written product issued by the General Accounting Office with an abstract that begins "Pursuant to a legislative requirement, GAO reviewed Nuclear Regulatory Commission's (NRC) new rule on fee recovery. GAO noted that: (1) the final rule would implement for fiscal year (FY) 2000 section 6101 of the Omnibus Budget Reconciliation Act of 1990; (2) it requires NRC to recover from its applicants and licensees approximately 100 percent of its budget authority, less amounts appropriated from the Nuclear Waste Fund; (3) for FY 2000, NRC must collect approximately $447 million through these fees; (4) two types of fees are assessed: (a) applicants and licensees are charged for specific services, such as inspections and licensing reviews, that are provided by the NRC; and (b) NRC assesses an annual fee to its licensees to recover generic costs that cannot be attributed to specific licensees; and (5) NRC complied with applicable requirements in promulgating the rule."

The article discusses the role of state institutions in creation of social state of rule of law and obstacles, which faces Ukraine nowadays. The author says, that only those countries, that are strong economically, can pretend to realize rule of law. The market itself is not able to ensure minimal security of human rights and security of all members of society. Because of necessity to compensate this insufficiency of market, state is stimulated to provide social policies and develop itself towards social self-dependence of rule of law. ; Straipsnyje aptariamas valstybės institucijų vaidmuo kuriant socialine teisinę valstybę ir tos kliūtys, su kuriomis susiduria šiuolaikinė Ukraina. Teigiama, kad į teisinę valstybę gali pretenduoti tik ekonomiškai išsivystę kraštai, kad- pati rinka nepajėgi užtikrinti visų visuomenės narių bent minimalią žmogaus teisių saugą. Būtinybė kompensuoti šį rinkos nepakankamumą skatina valstybę vykdyti socialine politiką, o pačią valstybe plėtotis socialinio teisinio valstybingumo linkme.

Informed by John Locke's Third Letter concerning Toleration, an alternative to using rule-utilitarianism to explain why certain propositions should be rejected is presented. An overview of the problems with rule-utilitarian explanations of certain principles (eg, the need to censor false beliefs) is provided; specifically, it is asserted that rule-utilitarianism fails to provide sufficient reasons for adopting a legislative point of view when dealing with "non-neutral principles" that legitimate the use of force against others. Locke's contention that not all acceptable moral principles could be used to justify the use of civil power is reviewed. A secularized version of Locke's argument that defends his four criteria for justifying the use of force -- moral equality, reasonableness, publicity, & generality -- is subsequently offered. The need for individuals to recognize that using force without considering the fallible nature of others as well as themselves is expressed. J. W. Parker

How do leftist parties in government abandon their traditional economic development programs, adopt neoliberal policies, and still win reelection? This article examines the case of the leftist National Liberation Party (PLN) in Costa Rica to explain this unexpected outcome. The author argues that the explanation lies on two separate but related levels, those of institutional rules and policy implementation strategies. Institutional rules constrain the behavior of political actors in multiple ways and structure political interaction. However, governments also employ specific policy implementation strategies (e.g., obfuscation, compensation, division, and incrementalism) to adopt unpopular policies while reducing electoral costs. As a result, opposition to the reforms is more difficult to organize and potential negative consequences are difficult to identify for voters. The institutional rules and the strategies that governments employ can account for the seeming paradox of a leftist party repeatedly abandoning its electoral promises, adopting neoliberal policies, and still winning reelection.

ABSTRACTScheduling of traditional job shops in make‐to‐order systems has seen extensive research over the past three decades. In such systems, performance is often related to various job completion metrics such as average flow time, average lateness, etc. This paper examines a scheduling problem in a make‐to‐stock environment where individual job completion measures are irrelevant. In this case, customer orders are satisfied through on‐hand inventory where customer service is more closely related to the manufacturer's ability to quickly satisfy demand. We consider the role of scheduling in reducing inventories and improving customer service in the context of a manufacturer who assembles several different products on a single assembly line. We develop scheduling rules for such a system and experimentally compare their performance to those typically used in such environments. Our results indicate that rules which consider the inventory position and demand forecast outperform traditional fixed cycle rules.

The use of trade measures for environmental purposes has given rise to a series of economic and legal issues. These are explored in the paper through an examination of the United States embargo on imports of shrimp from several countries for environmental reasons, currently being considered by a WTO dispute settlement panel. The paper examines the effect on competitiveness of compliance with the higher standard imposed by the US, the appropriateness of universalizing those standards, and whether the US action is consistent with WTO rules. The major findings are that, in the case of Trinidad, (a) the competitiveness of the affected fishermen was reduced, (b) the US regulation was inappropriate to the conditions which prevailed in the shrimp industry there, and (c) the US action was WTO inconsistent given current interpretation of WTO rules. The paper anticipates that the current case could lead to a review of WTO rules, in favour of the environment.

We examine the endogenous formation of research coalitions with high spillovers among symmetric firms. Members of a research coalition set their R&D investments in order to maximise the aggregate profits of members of their coalition. The Exclusive membership rule supports a more "concentrated" coalition structure and thus leads to higher industry R&D investments for high spillovers than the Open Membership rule does. However, due to free-riding problems, the grand research coalition, which is the socially efficient outcome, is rarely an equilibrium outcome under either rule. Our results suggest that government subsidies to research consortia for basic research with high spillovers can improve social welfare by encouraging wider participation to a research consortium, that is, by alleviating free-rider problems in coalition formation. From a more theoretical viewpoint, our results on stable coalition structures are applicable to a wide variety of economic coalitions with positive externalities.

Argues that Hong Kong, in its transition to Chinese rule, has actually become less socialist & friendlier to the interests of the business elite. In contrast to perceptions of colonial Hong Kong as the epitome of laissez-faire economics, it used a property system that precluded full property rights (& provided significant government revenues) & had a relatively generous social welfare program that included wide-scale housing subsidies. Since the onset of Chinese rule, social spending has been reduced against the wishes of democratic politicians, & the government has been realigned to favor an executive organ dominated by business leaders. This probusiness orientation developed out of the Chinese government's early courting of support for Chinese rule & has resulted in the suspension of workers' rights legislation, cuts in higher education, deprioritization of the environment, & general erosion of economic & social rights. A postscript assesses the implications of recent turbulence in Hong Kong's stock market. E. Blackwell

The European Court's efforts to locate the outer limits of Article 30's control of national measures have been discussed before in these surveys of current developments in EC law.1 The Court was tempted to use Article 30 to catch a wide range of measures that affected trade even where the rules applied in an even-handed manner to all traders. The most notable example of this expansionist trend was found in the so-called Sunday trading cases, in which Article 30 was exploited to challenge rules restricting commercial activity in England and Wales even though the rules did not put cross-border strategies at any particular disadvantage. The Court pursued an erratic course before finally ruling the laws compatible with Article 30.2 Academic comment, though nuanced in its detailed appreciation of the Court's stance, was largely convinced that Article 30 had been extended beyond both its intent and necessary function in the process of market integration.3

Although many Americans casually refer to the "institution" of marriage, most rarely consider the implications of that terminology. One enters into marriage by participating in fairly well-defined rites, and couples are warned of the solemnity of the undertaking. But seldom do the parties enter into marriage with a thorough understanding of what it means to subject oneself to governance by thelawof marriage.The law is widely recognized as an institution that may profoundly affect the choices and lives of individuals. It is designed to affect individual behavior, encouraging "appropriate" actions by penalizing those that are seen as problematic for society. Its rules allow for the balancing of competing rights, and the courts provide a remedy when the rules are broken. Marriage law provides ground rules to govern the specific relationship characterized by a lifetime sexual and economic partnership between a man and a woman and endorses that relationship by giving it legal force.

Reports development and simulation of real‐time dispatching
procedures, for flexible manufacturing cells (FMCs) in constant
production circumstances, where a fixed set of part types is processed
continuously while maintaining constant ratios between quantities needed
of each part type. Five different procedures were tested: the first
based on a simple rule, called the largest relative advantage (LRA)
rule; two procedures linear programming based (named FMLPP and ALPP); a
pull‐type procedure; and the last based on SPT rule. As expected, one of
the linear programming based procedures achieved the best results.
However, the much simpler LRA based procedure produced similar results,
especially in the presence of machine failures. It was shown that, for
high processing flexibility, good performance may be achieved by a
dispatching procedure using the cell processing flexibility. In contrast
to this, in low processing flexibility situations, there is no
significant difference between the various scheduling procedures.

Job shop scheduling has been the focus of much research. Heuristic
rules to assist in this endeavour abound in the literature. However,
rules leading to the optimum schedule have been elusive. The predominant
scheduling methods now used are specifically tailored to the type of job
shop. Generally, various rules are tried and those giving the best
result are used as a starting point. The human expert sifts the schedule
through his experience filter, negotiates with affected parties, and
finalizes a schedule. Expert systems are beginning to impact in this
area. By assuming some of the filtering and negotiating roles of the
human expert, they can allow schedulers to look at more alternatives
and/or produce more timely schedules. Contains an extensive review of
the literature pertaining to expert systems and job shop scheduling.
Conclusions are drawn in terms of the advantages and disadvantages of
these applications. Finally, recommendations for future directions are
given.

Rules of moral judgment implemented by individuals who had committed unlawful acts and served prison terms were compared with rules implemented by individuals without prison records for the same judgment situations. The rules concerned a situation in which two pieces of information
were provided: information on the severity of the act committed and information on intent of the person who committed the act. The subjects were asked to use this information to judge the degree of deserved punishment. There appear to be no fundamental differences in integration patterns between
subjects with and without prison records. In both cases, Damage and Intent (only if demonstrated) are generally taken into account simultaneously and integrated in an additive fashion. The only important difference is, as predicted, in the lesser degree of importance assigned to the intent
factor in subjects with prison records; as a consequence, these subjects tend to attribute less severe punishment in general.

ABSTRACTThis paper presents a data driven modeling (DDM) approach to certain types of optimization problems. DDM relinquishes control of the completed model to the user department rather than the operations research (OR) staff. The approach emphasizes development of models that are dependent on data maintained and understood by the users. The data base consists of coded user rules which describe when changes will occur in the problem structure and data which captures the generalization of the problem. Both the rules and data can be updated by user department personnel. These data drive a matrix generator controlled by the rules which uses the data base as input to generate the specific model formulation. This DDM system is designed by OR consultants or staff to allow independence of use along with low‐cost and minimal‐effort maintenance. The DDM approach is illustrated with an application to a real‐world medical scheduling problem.