Autores mērķis šajā darbā ir izpētīt pamatkapitāla jēdzienu, pamatkapitāla noteikumu nepieciešamību un nozīmi sabiedrības kreditoru aizsardzībā, pastāvošo tiesisko regulējumu Latvijā un ārvalstīs, kā arī pamatkapitāla tiesiskā regulējuma attīstības perspektīvas nākotnē. Pamatkapitāla noteikumi radās Eiropā deviņpadsmitā gadsimta otrajā pusē un tiek galvenokārt atspoguļoti kā reakcija uz "atbildības nodalīšanu". Mūsdienās lielākajā daļā Eiropas Savienības dalībvalstu, pastāv pamatkapitāla noteikumi. Pamatkapitāla tiesiskais regulējums kontinentālās Eiropas un anglo-sakšu tiesību valstīs atšķiras. Kontinentālās tiesību sistēmas valstīs ir raksturīga spēcīga likumdevēja iejaukšanās pamatkapitāla noteikumu detalizētā regulēšanā. Pamatkapitāla noteikumi attiecībā uz publiskajām sabiedrībām ar ierobežotu atbildību ir harmonizēti Eiropas Padomes 1976. gada 13. decembra Padomes otrajā direktīvā (77/91/EEK). Līdz ar to publisko sabiedrību ar ierobežotu atbildību pamatkapitāla noteikumi visās dalībvalstīs ir regulēti līdzīgi. Attiecībā uz privātajām sabiedrībām ar ierobežotu atbildību pamatkapitāla noteikumu jomā nepastāv Eiropas Savienības regulējums. Šo sabiedrību pamatkapitāla noteikumus katrā valstī regulē nacionālie normatīvie akti. Pēdējā laika Eiropas sabiedrību tiesību debatēs noteikumiem, kas skar kapitālsabiedrību pamatkapitālu, ir veltīta liela uzmanība. Eiropas Savienībā pastāvošā pamatkapitāla doktrīna tiek apšaubīta arī pateicoties vairākiem salīdzinoši jauniem Eiropas Kopienu tiesas lēmumiem lietās, par tiesībām veikt komercdarbību Eiropas Kopienā. Kaut arī Eiropas Kopienu tiesa šajos lēmumos tieši nepauda savu viedokli attiecībā uz pamatkapitāla noteikumiem un pamatkapitāla nozīmi sabiedrības kreditoru aizsardzībā, tomēr šo spriedumu rezultātā uzsākās diskusijas jautājumā par to, vai Eiropas Savienības dalībvalstīs spēkā esošie noteikumi attiecībā uz pamatkapitālu ir pamatoti. Diskusijas attiecībā uz kapitālsabiedrību pamatkapitāla noteikumiem un to nozīmi ir izvērsušās arī Latvijas Republikā, galvenokārt pateicoties veiktajiem grozījumiem attiecībā uz minimālā pamatkapitāla noteikumiem sabiedrībām ar ierobežotu atbildību. Jautājums par to, vai un kādā apmērā vispārsaistošiem pamatkapitāla noteikumiem būtu jānodrošina kapitālsabiedrības kreditoru aizsardzība, ir viens no strīdīgākajiem jautājumiem starptautisko sabiedrības tiesību zinātnieku starpā. Analizējot pamatkapitāla noteikumu nozīmi kreditoru aizsardzībā, ir jāaplūko trīs aspekti: vai normatīvajos aktos vajadzētu paredzēt minimālā pamatkapitāla noteikumus, ar pamatkapitāla noteikumiem saistīto noteikumu nozīme un pamatkapitāla nozīme izmaksu kapitālsabiedrības dalībniekiem veikšanas ierobežošanai. ; In this work author examines the concept of legal capital, necessity and significance of these provision in protecting companies creditors, existing legal capital rules in the Republic of Latvia and foreign countries, and possible future perspectives of legal capital rules. Rules on legal capital of companies emerged in Europe in the 2nd half of the 19th century and are, as been stated, generally viewed as a reaction to the separation of liability. Today all of the European Union member states, more or less, adhere to the legal capital doctrine. Legal capital rules of public limited liability companies in European Union member states have been harmonized under Second Company Law Directive (77/91/EEG) adopted on the 13th December 1976. As a result, all publicly held companies are regulated by similar national regulations since they all are subject under the same minimum regulations. Contrarily, with respect to privately held companies, there are no European Union rules, or any other guidelines for that matter, that member states must oblige to. Rules relating to legal capital have received much attention in recent European company law debates. The existing legal capital rules have been also questioned by relatively new decisions of European Court of Justice on freedom of establishment. Although in its decisions the European Court of Justice did not give its direct opinion on legal capital rules and their importance in creditor protection, this decision pushed into the spotlight the question whether legal capital rules applied in European Union member states are useful or desirable. A debate on legal capital rules has started also in the Republic of Latvia, mostly because of the changes made in the Commercial Law on legal capital rules of private limited liability companies. The question on whether and to what extent legal capital rules should protect companies creditors is one of the most argued questions among company law experts. In analyzing the efficiency of legal capital rules, three aspects are examined: the question of whether the law should impose a minimum legal capital requirement, the relevance of provisions connected to the legal capital of the company and the role of legal capital rules in limiting distributions to companies shareholders.
Louis O. Quam, highly respected geologist/geographer, academician, and government science administrator, died on 25 July 2001 at age 95. He was best known in the United States and Canada, but widely recognized in several other countries for his many contributions to the advancement of the field of geography, for his influence on expenditure of significant government resources to fund geographic and other research, and for his broad administrative support of research in both the Arctic and the Antarctic. . He attended public schools in Boulder, Colorado, graduating from high school in 1925, and later attended the University of Colorado there, earning Bachelor of Arts (1931) and Master of Science (1932) degrees in geology. Numerous recognitions acclaimed his achievements in earth sciences and science administration . he decided to complete his formal education at Clark University in Worcester, Massachusetts. There, holding the Libby Fellowship, he completed requirements for his doctorate in Physical Geography (1938). Next, he returned to the University of Colorado as Assistant Professor of Geography (1938-42). At this point, his promising career was interrupted by a period of service in the United States Navy (1943-46). Honorably discharged from the Navy with the rank of Lieutenant Commander, Quam quickly returned to university life as Associate Professor of Geography at the University of Virginia at Charlottesville (1947-50). . Several events in the immediate post-war years would dominate Louis' career. These included the founding of the Office of Naval Research (ONR) (1946) and the establishment of its Arctic Research Laboratory (later renamed Naval Arctic Research Laboratory (NARL) at Barrow, Alaska (1947) and then, the most dominating of all, the founding of the U.S. National Science Foundation (NSF) (1950). . Quam accepted appointment to the ONR as Head, Geography Branch, Earth Sciences Division in 1950 . In the ONR, Quam was drawn into membership of many committees and panels of other organizations that were related in diverse ways to his fields of responsibility. . Shortly after his arrival at ONR, the Environmental Sciences Branch, Biological Sciences Division, elected to give up support of its Arctic research program, including NARL in Alaska. ONR management had to determine quickly whether to let the program lapse or to find another administrative entity within the organization willing to take it over. . The Chief of Naval Research agreed to transfer the program, along with the pertinent budget, and Louis took over (1951). For four years, he was the sole manager of the Arctic Program . These functions were, of course, additional to his other duties as Head of the Branch. . Dr. Quam would have been pleased to know that some specific instances of his distinguished accomplishments are recorded here, not to be forgotten. . In the opinion of the author, Quam's greatest single policy decision on behalf of Arctic research was his action to operate NARL as a Navy-funded laboratory, and also to recognize it as a national asset that should be made available for the use of others besides the ONR contractors or subcontractors (e.g., AINA [Arctic Institute of North America] under the terms of the ONR contract) for whom it existed. . By 1967, Quam had enjoyed major successes in the field of Arctic research. At age 61, he was capable of further challenges, and a notable challenge was at hand: the NSF offered him the prestigious position of Chief Scientist of its Office of Antarctic Programs. . Louis accepted the offer and served two years in the Chief Scientist position (1967-69). At this point, the office was renamed in recognition of its total responsibilities, becoming the Office of Polar Programs. Louis was designated Acting Head of the office, a position he held for two years (1969-71); he then served as Chief Scientist for two more years, until his retirement in 1972. . He was a good and decent man, whether at home or in the office, and he will be affectionately remembered and missed by all who knew him.
Foreign aid has become a traditional part of the foreign policy of the United States, but in the eleven years since the enactment of the Marshall Plan there has been a steady increase of opposition to foreign aid programs. The votes in the Senate in favor of the Marshall Plan were 4.06 times the negative votes. Ten years later, in 1958, the "yea" votes in the Senate on the Mutual Security Administration bill were 3.00 times as many as the "nay" votes. The votes in the House for these same two years show an even greater manifestation of a growing opposition to foreign aid. In 1948 the affirmative votes were 4.48 greater than the negative, while in 1958 the figure drops to 1.93. While only two out of the eight Kansans in Congress voted against the Marshall Plan in 1948, three voted against the Mutual Security Act in 1958, and Senator Schoeppel, who did not vote, was known to be against the bill. This indicates that the Kansas Senator s and Representatives in Washington have roughly followed the national trend of a mounting opposition to foreign aid bills (3.00 more "yea" votes as "nay" votes in 1948 as compared to 2.00 more "yea" votes than "nay" votes in 1958). Throughout this study the writer has attempted to show why this opposition has increased as far as the Kansans were concerned. Speeches, both in and out of Congress as well as the public statements of the Kansas Senators and Representatives for the period 1948 to 1959 were checked in an attempt to as certain why these men voted as they did. A study was also made of the Congressional Record, the Topeka Daily Capital, the Hutchinson News-Herald, the Garden City Daily Telegram, the Emporia Gazette, and the Kansas City Star. Letters of inquiry were also submitted t o these men. It is the considered opinion of the author that the main reason for the Kansans voting in favor of foreign aid was basically due to the agricultural interest of their State. If any of the Senators and Representatives from Kansas have attempted to solve the problem of surpluses in agricultural commodities by foreign aid legislation. The majority of these men who voted in favor of foreign aid hoped that these plans would permit the flow of agricultural commodities to the rest of the world. This would, as they believed, solve the problem of hunger in the world while solving the problem of surpluses in the United States. That feeding hungry people is a humanitarian purpose cannot be disputed, but to feed the hungry of the world and collect a return for the food is a degree beyond a humanitarian purpose. The Kansans wanted the United States t o be the chief source of food for the world, yet they wanted the United States to be justly compensated for their food in the form of foreign currencies, strategic materials or military defense in Europe. Not all the Kansans believed foreign aid would solve the agricultural surplus problem in the United States. Those men who voted "nay" on foreign aid measures argued that a better and a cheaper plan could be legislated to solve the surplus problem. They believed that foreign aid measures were not t he best defensive maneuver t he United States could utilize for security in the world. They believed the money collected from taxpayers of t he United States could be used to gain the real advantages of security for the nation. The key to this security for the United States was a financially sound nation, one that built its military defenses upon its own shores, not the far-off shores of foreign countries. Although t he form of foreign aid has changed considerably, such as in the form of the Point Four Program (assistance to underdeveloped countries), Mutual Security Administration, or the International loan Fund; the debate in Congress concerning foreign aid has not actually changed. Those arguments that were used in 1948 were used in 1959.
Memorandum in which the author details the activities to avoid the ongoing world conflagration, his ideas to create a Scandinavian-Finnish cooperation front as well as his plans for exploitation and sending of first materials from Latin America to the United States. He argues that there is nothing questionable in his activities and demands that the U.S. State Department put an end to the injustice of including him in the blacklists. The memo asserts that, according to a stenographer of the Confederation of Mexican Workers, B.A. Vicente Lombardo Toledano continues with his activities as a leader of different worker movements. He asserts Toledano makes private meetings in the Worker University with the representatives of groups associated with the Confederation of Mexican Workers from everywhere in the country and enlists the configuration of a network of the defense groups. The author argues that Toledano will impose his candidates in the PRM (Mexican Revolution Party). He says that apparently, there is no relation between Lombardo Toledano and the Russian Military Commission. The author also claims that political, social, and international accords were sent from Toledano's office that will presented at the Council of the Confederation of Mexican Workers. It appears a critique to the Mexican government for his alliance with the Falangist movement in Spain, and a warning for leader Fidel Velázquez. He argues that Velázquez's actions aim to undermine the political and moral authority of the government of President Manuel Ávila Camacho. Memorandum in which the author states that the new administration wishes to reconcile the different sectors in the country and that it looks to count on the moral support of all those people who played a role in the public life of the country. Particularly those who collaborated with General Plutarco Elías Calles, in order to give the North American and Mexican views the impression of revolutionary and national unity that difficult moments require. / Memorándum en el que una persona detalla las actividades que realizó para evitar la actual conflagración mundial, sus ideas para formar un frente Escandinavo-Finlandés de cooperación así como sus proyectos para la explotación y el envío de materias primas de América Latina a Estados Unidos, argumentando que no hay nada cuestionable en ellas y demandando que el Departamento de Estado de los Estados Unidos ponga fin a la injusticia de incluirlo en las listas negras. Memorándum en el que se afirma, según dicho de un taquígrafo de la C.T.M., que el licenciado Vicente Lombardo Toledano continua con sus actividades como líder espiritual de diversos movimientos obreros, que realiza juntas privadas y en la Universidad Obrera con los representantes de las agrupaciones cetemistas de todo el país y alista la conformación de una red de Juntas de Defensa que impondrá en dichas organizaciones y en el PRM a sus candidatos a diputados federales y senadores, que en apariencia no hay relación de Lombardo Toledano con la Comisión Militar Rusa y que de sus oficinas salieron los acuerdos políticos, sociales e internacionales a los que llegará el Consejo de la C.T.M., entre ellos una crítica al gobierno mexicano por su aparente alianza con los falangistas españoles, y una advertencia al líder Fidel Velázquez para que "camine derecho" (sic); por último se afirma que sus acciones van encaminadas a minar la autoridad política y moral del gobierno del presidente Manuel Ávila Camacho. Memorándum en el que se asienta que la nueva administración desea conciliar a los distintos sectores representativos del país y busca contar con el apoyo moral de todos aquellos personajes que en distintas épocas han tenido significación en la vida pública del país, particularmente con el del general Calles, para dar a la opinión norteamericana y a la de México la impresión de unidad revolucionaria y de unión nacional que los momentos difíciles requieren.
Grierson writes to Markham about an array of topics including various social issues and the financial independence of writers and poets and how it restrains them from criticizing certain men and writing about certain topics. ; 11 Cambridge Parade Twickenham, April 26th 1910 Dear Mr. Markham, As I am not in the mood for writing my next New Age article, I shall now send you a line, having, this morning received your letter of the 19th night. I am glad you sent me that literary portion of the American containing your most interesting review of Mrs. Cox's remarkable book which makes one wish to read it and to know the woman. She is even a rarer mortal than some would suppose. A woman who refuses to be humbugged!!! Never did literature need such writers more than at present especially in America, where cheap optimism almost rules in all the camps. I hope her book will have the public it deserves. Were it not that America contains men and women who know the difference between reality and make-believe serious minds would think long before deciding to tackle a landing in New York, even for a brief visit. And yet, when certain things have to be done, one can only do them sur place and in person. Five minutes talk often does more than all the books and letters ever written. Here in London I have held myself almost as a recluse for the past fifteen years, until Mr. Orage and The New Age have, in a measure forced, me to show myself here and there, once a week to his friends and certain contributors; but I am not in love with the cities and the hurrying crowds and the hustling Reportorial news gatherer and would do anything to avoid the interviewer. Properly speaking we do not have them in London, excepting for actors and politicians, and London is a place where one can remain silent and obscure just as long as one pleases and that is a great mercy. I learn with satisfaction the news that you are founding a Poetry Society. It is a happy inspiration. Of course it will flourish so long as the literary snob does not creep in and take control. The highly respectable American with his immoral Puritanism is infinitely worse than our respectable hypocrit. Fear most three things: Puritanism, bohemianism, and snobbery. I succeeded in writing my Santa Croce essay before I left Florence but the weather was both cold and wet beyond anyones belief and I was very glad to get back after a two months visit. Mr. Herron I see has written an article on Roosevelt for the New Age, but it seems to me such an article leaves Roosevelt in the same place where he was before. I do not see any use in attacks on men who occupy a place of power in that sense for they continue to occupy their place just as long as conditions and circumstances favor their personality. And besides this it is useless to attack millionaires and others in a personal way, such attacks always rebounding. And further, poets and thinkers who have their own work to do cannot do that work and engage in personal squabbles, etc., etc. Mr. Herron possesses plenty of financial means to leave him perfectly independent to write what and how he pleases, but hundreds of brilliant and gifted artists and writers are not independent in that sense and these are wise in thinking twice before attacking what they cannot change. For myself I try my best to avoid the futile. I see Mr. Upton Sinclair has got out a printed slip addressed to writers everywhere asking for opinions on a very grave problem. He has sent me a copy but I cannot write on that subject; it would require too much and many details and it is a question which would be likes to offend the dignity of sensitive minds in more ways than one. I am still in some doubt as to my movements next month. With best greetings, Francis Grierson
Density or Intensity?There is much debate about how to measure density – dwellings per hectare, bedrooms per hectare or people per hectare; including or excluding major highways, parks and open spaces; the permanent population only or the transient one too?While this gives urban planners something to disagree about it risks missing the point: great urban places are not created by density; they are created by intensity.And the difference matters. When people describe the buzz of a marketplace they do not say, "Wow - it was so dense!". They are much more likely to say how intense it was. Density is a word used by planners. Intensity is a word that real people use, and perhaps because it describes the outcomes that people experience rather than the inputs that have gone in to creating them. It is the outcomes that are ultimately more important. But planning professionals like density. Even though density fails to capture the essence of what it feels like to be somewhere, the term appeals to professional instincts. It describes the raw ingredients that planners have to handle and, once you choose which version of the formula you are going to use, density is easy to measure. It involves a simple calculation of straightforward urban quantities such as the number of people, the number of houses or the number of bedrooms, all divided by the geographic area over which those ingredients occur. Easy.In contrast, intensity seems more difficult to pin down, not least because it appears to have a subjectively emotional dimension; it speaks of feelings, of responses, of stimuli, and this raises problems about how it can be effectively measured. But intensity is also a response to context, to place and above all to people - and here we can find clues to its measurement.Observing IntensitySo what are the factors that people are responding to when they instinctively feel the intensity of a great place? For a start, they can not be calculating a planner's measure of urban density because, even if they were so minded, they could not possibly know about populations and geographic areas when they are walking along a street or sitting at a café table on a public space.What people can respond to though is what is happening around them in the public realm: they can see how many other people there are, and they can see what these people are up to. In other words, intensity is obvious, immediate and instinctively calculable to the person in the street: not only the mobile population of walkers, drivers and cyclists but also the immobile population of sitters, leaners and pausers. Intensity has a static as well as a kinetic dimension. Indeed the stationary people are the essential ingredient of intensity. They are the people who have chosen to be there, to add to the place through their semi-permanence and not simply to pass through on the way to somewhere else. Intensity is not therefore about the population density of an area but the population that is participating in the public realm of an area. And this should be obvious. And everyday. But any attempt to emphasise the benefits of static participation runs counter to the mindset of the traffic engineer and counter to the still-persuasive, kinetic legacy of Le Corbusier, who described "grinding gears and burning gasoline" as the pleasurable objectives of the Plan Voisin.Nevertheless, intense places are sticky places and especially so when people are not only co-present in space but when they are also interacting: talking to each other, sharing thoughts, ideas, opinions. This is the essence of intensity; there is an exchange - a transaction – be it economic, social, cultural, intellectual, factual or simply facile. It is the daily public life of every thriving village, town and city. It is so apparently unremarkable as to go unnoticed, unobserved and unmeasured. Until it is not there. And that is when you feel it most clearly.A number of years ago my colleagues at Space Syntax were working on a sample of towns across the UK, some historic and some new. The towns had similar residential populations and similar retail floorspace provisions across similar geographical areas; in other words, similar densities. But what the team had also done was to count the numbers of people using the centres of each town: how many were walking and sitting in public space. They had counted over several days, from morning until evening. What they found was that the historic towns consistently had many more people using their centres than the new ones - and they knew from other evidence that the historic towns had stronger economic performances. Here then were places with similar urban densities but different intensities of human activity.What seemed to explain the differences between historic and new towns were first, the spatial layout and second, the street design of each place. The historic towns were laid out around radial streets that were designed to carry cars as well as vehicles and which met at the centre of the town in a public space. Behind these radial streets were more or less continuously connected grids of residential streets, interrupted by the occasional large open space. Both cars and pedestrians could use the residential streets, while the open spaces were generally for pedestrians only. There was some limited pedestrianisation in the very centre of each town.In contrast, the new towns often had separate street networks for vehicles and pedestrians, no high street or central public space and usually one or two enclosed shopping malls. Their central areas were typically pedestrianised and spatially separated from the surrounding residential areas by a vehicle-only ring road; these residential areas were separated from each other by large swathes of open space.To summarise, the key differences were first in the intensity of the human experience and second in the design of the street network. Intensity, it seems, is facilitated by an alignment of physical and spatial factors: having the movement-sensitive land uses on sufficiently well-connected streets that are, in the main, shared by vehicles and pedestrians.Measuring IntensityImportantly, both the amount of human activity and the degree of street connectivity are measurable commodities – if you know how. This is the professional specialism of my practice, Space Syntax, and it has two key parts: one part that takes place in the studio, using purpose-designed software that measures the amount of connectivity in street grids and the other part that happens on site using some form of counting device. This device may be a camera strapped to a lamp post or, in recent years, a drone flight. Or it may simply be a set of human eyes, a pencil and a notepad. Onto these 'foundational' datasets are added other information, which might be about air quality, land value, crime rates or health outcomes. Statistical software is employed to explore relations between the datasets: how is health or wealth or educational achievement related to spatial connectivity or isolation? The product of this process is an Integrated Urban Model: a quantitative record of urban form and urban performance. A Geographical Information System is used to hold the datasets in one place and a basic form of artificial intelligence is run to explore the links between the data.However it is possible to create a primitive version of a data platform using only PowerPoint and Excel. After all, Space Syntax began its work before the Macintosh, before colour screens, before the internet, before CAD, before GIS and long before BIM. Its observations of pedestrian movements around Trafalgar Square were done with pen and paper, the results coded manually into a simple drawing programme.What matters today is what mattered then: to bring data to life using maps and colours rather than spreadsheets and charts. To make it accessible to the audiences that will be making judgments about the future of places: investors, planning officers, politicians and local communities. Measures of intensity therefore need to speak to multiple audiences and not least to the design community, into whose creative hands is entrusted the responsibility for shaping the aspirations of stakeholders. An Integrated Urban Model must be nimble, capable of responding again and again to the short and intensive programme of a rapid design process. Beware the Smart City "Control Room" stuffed with technicians; eintegratedmbrace instead a portable platform that can respond to the timescale of a creative whim.Creating a Profession of "Urban Intensity Surveyors"So why do we not measure towns and cities in such a systematic way? Why is there not a profession of urban intensity surveyors? And a culture among architects and urban planners of designing for intense human interactions?The problems start when the responsibility for thinking about cities, streets and public spaces moves from the individual enjoying the buzz of the boulevard to the collective of professional institutes charged with creating place. Density prevails over intensity and we revert to simplifications. Assumptions are made - incorrectly as we have seen - that the quality of street life will be in direct proportion to the density of people in an area. That if we have more people then the streets will be busier and the busier the streets, the better the place. But then the counter view is quite reasonably made that people need quiet streets and so densities should not be too high. And a compromise is eventually reached for neither super high nor super low densities; neither towns that are too big nor too small. And if we need big towns then they should be broken up into manageable parcels. Since we want pedestrians then we should pedestrianise.We end up with an urbanism of averages and a morphology of enclaves through an approach that is much too simplistic to ever create great place. It is not born of science and it does not reflect human experience: people know instinctively that you can turn off the busiest street in the city and immediately find yourself on a lane that is one of the quietest; that the intensity of the urban experience can transform itself in seconds. This is one of the great joys of exploring great cities: they are not pervasively busy; they are intensely quiet as well. They have a foreground grid of busy streets and a background grid of quiet ones. If we can systematically measure urban intensity then we will understand how towns and cities work in ways that will transform practice. And by transforming practice we will transform place.The Future for IntensityThe professions will be unwise to avoid the opportunities presented by technology. Both the technologies of data capture, visualisation and analysis as well as the technologies that are affecting human behaviours: broadband, social media, augmented reality (AR) and artificial intelligence (AI). Human activity is becoming ever more intense and this gives us another reason to systematically measure urban intensity. People are walking more slowly, ensconced in virtual worlds at the same time as participating in physical space; seeing their surroundings augmented with pop-up information. The trend will continue as AR on our smartphones becomes AR on our spectacles. As well as talking to each other we will be talking to objects on display in shops, to screens in buildings and on streets, and to ourselves – our digital twin may appear as an avatar walking alongside us in our peripheral vision or in front of us when trying on clothes for us. This intensity of communication can already be seen in early adopting countries, especially China, and it may seem strange at first. But there was a time, not long ago, when it seemed strangely ostentatious to put down a mobile phone on a table in a public place.The brain has a finite processing capacity and so what goes into handling increased visual information will have to be taken away from the control of bodily function. People may therefore adapt to the amplified intensity of visual stimuli by moving ever more slowly. We will need more space for these intense activities and the obvious place is the street, where we will need more space for people. Road space will have to narrow and footways will have to widen. We will need more places to sit and lean - to be sticky.And this presents a choice for designers: continue to disagree about the best way to measure density or embrace intensity and anticipate the radical transformation of place.
Contemporary Ukrainian state and society pass through complicated and contradictory period of transformation of socio-economic, political, spiritual and moral relations. The youth, as subject and object of policy, social and cultural relations, mirrors the features of Ukrainian political system's evolution and cultural evolution in its vital activity. The youth is an important part of Ukrainian society, the medium of its intellectual potential, a main factor of socio-economic progress. Process of state building largely depends on capability of youth to be an active creative power.Nevertheless, it should be noted, that significant part of youth has no reliable political and socio-cultural reference points, civic consciousness isn't formed, spiritual and moral ideals are lost, increasingly the youth regards with negative to socially useful activities and becomes most separated from society and state than previous generations.Meantime effective socialization of youth is a necessary condition for a constant development of Ukrainian political system, largely depictures the future of the country. Perspective of society's further development primarily depend on the features of formation of the political culture of youth, its political values, socio-political orientation, political choice, attitude to power.In this regard, necessity of studying processes, what spread across youth subculture, political analysis of youth subcultural differentiation, production technologies and mechanisms for prevention deviant behaviour and crises among young people, appears.The socio-economic and spiritual development of Ukraine is impossible without concentration on resolving the problems of the youth as future of our country, a guarantor of social and economic progress, because an immutable truth is that further development mostly depend on providing young generations with decent conditions for life. In despite of declared realization of this truth, a majority of countries in the world starts new millennium with a significant burden of unsolved problems of youth, most of them, for a example, imparity of youth, unemployment, marginalization of young people, propagation of illegal social practices and asocial manifestations among young people, youth health problems and some marital and family problems etc., now shows tendency to intensification.Under conditions of deep economic and demographic crisis, crisis of culture and ideology, of post-Soviet countries, including Ukraine, youth problems in different areas of life become more specific, they entail hard and prolonged consequences, therefore, they need be analyzed deeply and regulated, realistic and balanced youth policy must be developed.The term "youth" is treated diversely in many branches of science - philosophy, sociology, political science, pedagogy, psychology etc. Its generalized version is suggested in encyclopedias and determines the youth as a separate socio-demographic group that differs in a complex of age characteristics, features of social status, that are determined by social system, culture, regularity of socialization, education in terms of a particular society.The youth, within the meaning of current age ranges of youth in Ukraine (according to national legislation an age range of youth is 15 - 34 years), makes up the significant part of the population of Ukraine. Now the youth contingent in Ukraine is demographically heterogeneous, because the youth unites in itself groups of rather a broad age range – from teenagers (15-17 years), post teenagers (18-19 years old) to much more experienced in age and socially persons and adults, that are over 30 years old (30-34 years).It should be considered that the youth is socially heterogeneous. Yong workers, villagers, students, political leaders, representatives of the business community, migrants, young specialists, marginal people with different degree of success adapt to market economy, frequently orient themselves on contradictory political and spiritual values.The position of youth political culture, as well as society generally, is largely fragmented. The separate groups of the youth differ from each other in the interest to policy, level of inclusion in the political life, orientations on different ideological and political currents of modern Ukraine. All this differences haven't characterized as acute antagonism and haven't led to excessive politicization yet.The young people significantly differ from older generations, because they almost got rid of illusions that somebody can solve their own problems. They are individualistic and pragmatic, relate to the modern authority rather neutrally and don't connect any positive changes with it.The young generation perceives the policy and the authority as entity that cause neither admiration, nor especially acute negative emotions. First of all, it proves in removal of a large number of the youth from political life. In some measure apathy of youth, first of all, appears because the reforms that take place in Ukraine impact on the youth most painfully, and because of absence of understanding policy towards youth as an independent socio-demographic group, also because the youth, on the one hand, doesn't see necessity to change something cardinally in environment, but, on the other hand, doesn't consider political activity as something important, it finds most perspective methods and forms of self-fulfillment. As a result – total alienation of the youth from the authority, that can be transformed into active rejection at any time.Today state only declares principles of political culture of participation and public culture. During period of formation of the youth generation it is necessary to examine the situation, to explore the depth and sharpness of social problems, to establish monitoring of youth life.Modern problems such as crisis of relationship of generations, impairment of vital parameters, formation of specific youth subculture and counterculture etc., demonstrate that all structures of socialization together – family, environment and even education, become not enough to solve the problems of society when new generations come on and it is not enough to solve the problems of youth, that takes on its historical subjectivity.Liberal views of youth are often formed under the influence of education, cultural environment, family socialization, but are not the result of a «rational» choice. State youth policy, as an innovative Institute, has it own particularities and the main one of them is that it is specialized and was built on innovative forms of activity. These forms are associated with deep process of knowledge and management. They need political will and great resources to be realized. The payment for that are guaranteed results of activity, without what society can't exist and develop no longer.As a result of new situation, what appeared because political activity in labor and educational groups had been prohibited, the policy moved on from industrial and academic areas to the sphere of free time of youth and led new youth organizations on the competition with traditional structures of free time. The youth structures could gain neither recognition, nor authority on broad stratums of the rising generation.The perspective of further development of society connects, first of all, with features of the formation of political culture of youth, its political values, a socio-political orientation, political choice and attitude towards the authority.The formation of consciousness of the category of population is strategically important for the state, because working politically active forces will be replaced exactly by today's youth. Now it is hard to manipulate the young people, they are very sensitive and note everything that takes place in society. May be, some part of them go to policy in order to make money, but for the most of them is important to realize their own opinions.The current political situation in Ukraine makes the youth think about a lot of questions: how can I, young man, decide something and affect the situation in the country (the region); how much does my vote weigh in elections etc. One of the most important factors that can push these people into active public deeds is confidence of an opportunity that something can be changed by their choice and decision.The modern politicians come to understanding that the slogans are ineffective and the youth can't be conquered with appeals on TV. The new generation is more independent than previous one and, the most important of this, that it has a choice. The votes of youth will not be cast without any reason – someone must work with it. The experience of last decades proves that only when countries pay much attention on work with youth they will success in policy and economy. A sustainable progress is demonstrated by societies that have looked over the system of traditional opinions about new generation and it importance for political and socio-economical development (for example, Germany, Sweden).In Ukraine a program of state and public actions in this sphere and mechanisms of solving these problems is determined by modern national policy. The especial attention should be paid to solving problems of youth self-realization and formation of young citizens.There is 367 003 persons (30,67 percent of all population of the region) of young people from 14 to 35 years old in Mykolaiv, including citizens - 251 712 persons and villagers - 115 291 persons. The youth needs permanent protection and help of state. However to give support to the youth doesn't mean to solve all its problems. First of all, it means to give the youth an opportunity to solve problems by itself.The Regional Program "The Youth of Mykolaiv Region" on 2011-2015 years becomes a strategic document. The conception determines directions of relationship's development between the state and the youth at the regional level. The most optimal way and method of solution are:to develop the scientifically argumentative strategy of implementation of public policy towards the youth of region;to popularize efficiency, availability and creation of extensive network of youth social infrastructure, a directing on activity that will satisfy needs and create the necessary conditions for effective socialization of young people;to promote youth occupation by introduction the system of career-guidance, creation the conditions for secondary employment, provision with fist job, stimulation to make business, outspread of youth information field concerning existing professions and demand for them; to promote youth employment and youth entrepreneurship by expansion of employment, professional training of youth, giving an opportunity to realize youth projects;to involve the youth in realization of social programs and projects of state youth policy that are directed on solving problems according to Program;to create a complex system of social protection for representatives in special categories of youth community, to render social assistance and support for the youth that is in crisis;to create conditions for providing social assistance and modeling healthy lifestyle among all groups of youth in Mykolaiv;to encourage the creative self-realization and total evolution of youth, to support the youth initiatives and activities at different spheres of life, to implement incentives in order to improve the cultural level of youth;to implement the mechanism how to inform youth community by mass media and Internet-resource;to implement measures to create conditions for youth loans;to promote the youth integration towards world and European community, the exchange of experience and joint activities of the youth at the regional and the national levels;to promote spiritual and physical development of young people in Mykolaiv region, a high patriotic consciousness, a national pride, a formation and development of motivation that is directed to preparation for doing public and constitutional duty in order to protect the national interests of Ukraine.Now it is possible to use young people in realization of youth police by enlisting them in youth and children public organizations. These organizations are one of the most important social institutes that promote a formation of civil society. The public organizations have exclusive opportunities for political socialization of youth, because they are not only a key-note subject of youth policy that affects its formation and realization, but also are good staff reserve for the public authorities and local government. The social movement is the force that can't be ignored and should not be ignored.So, it is important to create legal and other conditions for cooperation of the authority, youth public organizations and active representatives of this part of population. The principal revolution in youth attitude to policy will take place only when it feels itself a real member of process of transformation and development in Ukrainian society. ; Статья посвящена исследованию особенностей формирования политической куль-туры молодежи, ее политических ценностей, социально-политических ориентиров в период трансформации украинского общества, анализируется роль государства в формировании и реализации современной молодежной политики. ; Статтю присвячено дослідженню особливостей формування політичної культури молоді, її політичних цінностей, соціально-політичних орієнтирів у період трансформації українського суспільства, проаналізовано роль держави у формуванні та реалізації сучасної молодіжної політики.
If you consider for a second the radical technological evolution, you will realize that our everyday life has changed dramatically the recent years. Not only at the electronic level of evolution but also at the personal communication. A new era has already started and requires crucial reforms to our everyday life, and to the political, social, military, economical aspects. This sudden change of scene has affected significantly the way we work, we communicate and socialize, the way we inform ourselves about the news, and even when we do the housework. From this revolution, the existing structures cannot respond to these technological evolutions, our thoughts and actions should be adapted to the radical changes and create, for example, new political and economic norms. If someone cannot follow the way technology evolves, he or she will stay in the dark and lose the arsenal at the cyber war. Of course, the military security of a state could not stay aside from the technological route. From the 90's, electrical grids, data, malware, hardware and software are some vivid examples of the alterations that had been made in the military area. A state cannot concentrate only on the military's physical appearance, but should consider the intelligence and espionage part of a war. The attacker could be a terrorist, a hacker or maybe an activist that tries to spread his/ her ideas and create panic. It is crucial for a state's security to defend first its citizens and its critical infrastructures. The "sophisticated use of communications" (NATO Website) has altered the way an armed conflict flares. Cyber-attacks, cyber espionage, stealing governments' information are few examples of the new form of terrorism which, most importantly, hides a political motive. The weaponized malware introduces a new type of war, Cyber Warfare and Cyber Terrorism. The attackers with their digital weapons, such as worms, viruses and Trojans can affect not only the defense of a state but also the civilians' life, their opinion on a matter. The leak of vital information to the public may cause panic and armed riots. If people think that the government has manipulated them, they will revolt against it. The attacker may not be limited to cyber-attacks or stealing information, but use public cameras or private ones from laptops for surveillance reasons. He could use the information recorded to threaten the victims with the videos going public. This big new game in cyberspace has many aspects, many that we have not discovered yet, and everyone, especially the states and academic community should plan and promote solutions and defense mechanisms. For the attacker, is not necessary to have a physical appearance in the arena of Cyber War but he needs only a computer for his offense, for his whole plan. Without risking his life and spending a large amount of money, he will offend his target and win the battle. His real identity will remain anonymous by using temporary nicknames and guest names, the Darknet and a variety of cryptography mechanisms, making difficult for the intelligence and security agencies to track down his location and his real personal information. Thus, it is important to address the arising problems of the new era as soon as possible, with the technological evolutions and threats. However, the weaponized malware is not the only aspect of Cyber Warfare that should notice. Social media have entered vividly to personal communications. In a matter of seconds, people can be informed from their mobile phone, their tablets or laptops while they work, walk or entertain. The rapid spread of information has revolutionized the cyber era and made people media consumers and victims of worthless information. Their personal identity and their desires are shaping according to the global trends that social media present. Mobile applications introduce people to national and international news, help them communicate and share their thoughts for a variety of subjects. Unfortunately, their identity is exposed to the internet, shaped from the desires that the international community presents and losing their real personal identity, without knowing the threats. It is well obvious that the variety and number of targets are enormous and the future victims are not aware of the cyber dangers and how vulnerable they are against the new cyber threats. As Brian Solis stated, "Social media is about sociology and psychology more than technology" (Brian Solis, "Social Media is About Social Science Not Technology", March 14, 2012). Because of the multiple audiences, the feelings of terror and the brand awareness, an information vacuum has been created to this new era. Social sciences are now in need to face the current and future challenges in cyberspace. The traditional social sciences will help promote innovative solutions and ideas, evolve the current political framework and improve the current governmental structure. They will be used as a theoretical basis for the analysts to promote their ideas and propose multiple solutions to the threat of cyber –attacks. With respect to human rights, the academic community must set an analytical framework, deepen her research and suggest ideas for the regulation problem in cyberspace. All levels of governance, political, economic, military, and social must be evolved according to the latest technological developments and in parallel with the technological modernization. With the alterations at the international and national framework, many states have emerged as the first cyber powers. States are trying to evolve technologically without losing their national identity and stay behind to the electronic weapon arsenal. In an international system where "war of all against all" dominates (Thomas Hobbes, "Leviathan", 1651), the need for political and social recommendations is demanding. The emerging cyber powers and states trying to follow the technological evolution, in cooperation with the private sector, should share information upon the attackers, their methods and their targets. Secrecy concerning security issues will not help a unified cyber strategy against attackers and develop the necessary structure for the new cyber era of connectivity. Victims of cyber-attacks should go in public and share their experience upon the new threat, how it has affected its function and how the defenders could collaborate with other actors to retaliate against the terrorists. Often people say that those cyber threats are exaggerated and there is no risk for the state's and civilian's security. But who will take the risk and ignore the uprising threats? Who will ignore that these cyber-attacks gain access to many critical infrastructures, steal confidential information, take control and cripple of electronic systems? This ability to attack critical infrastructures such as military electronic documents, water supply infrastructures, banks and many more, in a terrorist's hand or a group of terrorists may have significant consequences to regional and national security - sovereignty. It is unavoidable that new vulnerabilities at electronic systems will be discovered constantly, but that does not mean that governments should stop promote their national defense strategy and build step by step cyber defense measures to prevent further consequences of the cyber-attacks. It is common that an actor (terrorist or hacker) will want to intrude military infrastructure, hack a bank or steal personal information of a well-known person for several reasons (political, religious, ideological reasons). A government cannot defend itself against cyber- attacks. But the damage caused could have irreversible results to the state and its bone structure. Thus, states must harden to the newly threats and prevent denial of services from taking national systems getting done to their knees, prevent the manipulation of national critical infrastructures and the spread of panic. No one can dare to ignore that if cyber weapons are in hands of a terrorist will have immeasurable results to the electronic function of a nation and letting the attacker succeed his target. No one knows how destructive an attack of cyber warfare could be.
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Readers will be aware of the philosophy journal poll I have been hosting here. The poll was comprehensive in that it covered over 140 philosophy journals, most of them suggestions by readers. These journals cover the full spectrum of the discipline. There have been more than 36,000 votes cast already and I believe we can draw some initial findings. Journals are each assigned a score: this is the percent (%) chance that voters will select this journal as their favourite if asked to choose between this journal and a second journal chosen at random.
The first finding is that there appears to be a top tier of philosophy journals -- this is not controversial -- that is relatively small -- this latter part may be more controversial.
From the poll, the top tier of philosophy journals appears to consist of the following publications:
1. Journal of Philosophy 87
2. Philosophical Review 84 3. Philosophy & Phenomenological Research 83 3. Nous 83 5. Mind 82 6. Ethics 80
I say that these appear to be the top tier as each were no. 1 or 2 at some point during the voting (unlike other journals). Each would be selected at least 80% of the time if paired with a second journal chosen at random.
A further finding is that the second tier of journals -- which we might classify as chosen at least 60-79% of the time when paired with a second journal chosen at random -- is perhaps surprsingly large. This second tier might consist of the following journals:
7. Philosophical Studies 79 8. Synthese 77 8. Philosophy & Public Affairs 77 10. Analysis 76 10. Philosophical Quarterly 76 10. American Philosophical Quarterly 76 10. Philosophers' Imprint 76 10. Monist 76 10. Canadian Journal of Philosophy 76 16. Journal of the History of Philosophy 75 16. Pacific Philosophical Quarterly 75 16. Midwest Studies in Philosophy 75 16. Proceedings of the Aristotelian Society 75 20. Australasian Journal of Philosophy 74 21. British Journal for the Philosophy of Science 73 21. European Journal of Philosophy 73 23. Erkenntnis 72 24. Philosophy of Science 71 25. Philosophy 70 25. History of Philosophy Quarterly 70 25. Ratio 70 28. Journal of Moral Philosophy 69 29. Oxford Studies in Ancient Philosophy 68 30. Notre Dame Philosophical Reviews 67 31. Philosophical Papers 67 32. Journal of Philosophical Logic 67 33. Journal of Philosophical Research 66 33. British Journal for the History of Philosophy 66 33. Utilitas 66 33. Mind and Language 66 33. Journal of Ethics 66 38. Southern Journal of Philosophy 65 39. Review of Metaphysics 64 39. Philosophical Investigations 64 39. Kant-Studien 64 42. Metaphilosophy 62 42. Philosophy Compass 62 42. Journal of Political Philosophy 62 42. Philosophical Topics 62 42. Philosophia 62 47. Hume Studies 61 47. Linguistics and Philosophy 61 49. Journal of Ethics & Social Philosophy 60
The next third tier of journals are those chosen about 50% of the time (from 40-60%) where paired with a second journal chosen at random:
50. Phronesis 59 51. Journal of the History of Ideas 58
51. Journal of Aesthetics and Art Criticism 58 53. Ethical Theory & Moral Practice 57 53. Philosophical Forum 57 53. Inquiry 57 56. Oxford Journal of Legal Studies 56 57. Political Theory 55 57. Social Theory & Practice 55 57. Philosophical Explorations 55 57. Journal of Social Philosophy 55 57. Economics & Philosophy 55 62. Law & Philosophy 54 62. dialectica 54 62. Public Affairs Quarterly 54 62. Acta Analytica 54 66. Social Philosophy & Policy 53 66. Theoria 53 66. Journal of Applied Philosophy 53 69. Faith and Philosophy 52 70. Political Studies 51 71. Journal of Value Inquiry 51 72. Harvard Law Review 50 73. Studies in History and Philosophy of Science 49 73. Philosophy & Public Policy Quarterly 49 73. Philosophical Psychology 49 76. Bioethics 48 76. International Journal of Philosophical Studies 48 78. Politics, Philosophy, Economics 47 78. Kantian Studies 47 79. History of Political Thought 44 80. Legal Theory 43 81. Hypatia 42 82. Philosophical Writings 41 82. southwest philosophy review 41 84. Apeiron 40 84. European Journal of Political Theory 40 84. American Journal of Bioethics 40
The remaining results for other journals are as follows:
87. Environmental Ethics 39 87. Logique et Analyse 39 87. Philosophy Today 39 90. Ratio Juris 38 90. Studies in History and Philosophy of Modern Physics 38 90. Business Ethics Quarterly 38 93. Journal of the British Society for Phenomenology 37 93. Ethical Perspectives 37 93. Public Reason 37 96. Hegel-Studien 36 97. Philosophy & Social Criticism 35 97. Res Publica 35 97. Philosophy in Review 35 97. Philo 35
101. Neuroethics 34 101. Ethics and Justice 34 103. Philosophy and Theology 33 104. International Journal of Applied Philosophy 32 105. Phenomenology and the Cognitive Sciences 32 106. Review of Politics 31 106. Jurisprudence 31 106. Research in Phenomenology 31 109. Journal of Philosophy of Education 30 109. Review Journal of Political Philosophy 30 109. Philosophy East and West 30 112. South African Journal of Philosophy 29 112. Kennedy Institute of Ethics Journal 29 114. Teaching Philosophy 28 114. Review Journal of Philosophy & Social Science 28 114. Critical Review of International Social and Political Philosophy 28 117. Journal of Global Ethics 27 117. APA Newsletters 27 119. Transactions of the C. S. Peirce Society 26 120. Bulletin of the Hegel Society of Great Britain 25 121. Adam Smith Review 23 121. Archiv fur Rechts- und Sozialphilosophie 23 121. Imprints: Egalitarian Theory and Practice 23 124, Theory and Research in Education 22 125. Polish Journal of Philosophy 21 125. Epoche 21 125. Fichte Studien 21 125. Symposium: Canadian Journal of Continental Philosophy 21 125. Asian Philosophy 21 130. Think 20 131. Archives de Philosophie du Droit 18 131. Collingwood & British Idealism Studies 18 131. Owl of Minerva 18 131. New Criminal Law Review 18 135. Journal of Indian Philosophy 17 136. Continental Philosophy Review 17 136. The European Legacy 17 138. Education, Citizenship, and Social Justice 15 139. Reason Papers 14 139. Associations 14 139. Journal of Indian Philosophy and Religion 14 142. Studia Philosophica Estonica 13 143. Derrida Today 5
Some further reflections. While there are several exceptions, it would be interesting to analyze any correlation between the age of a journal and its position in the rankings. There are several surprises on the list, this list does not correspond to my own opinions (I would have ranked many journals differently), and I do not believe that there is much difference between journals ranked closely together.
I also purposively put some selections in to see how they might play out. For example, I added Harvard Law Review out of curiosity and I was surprised to see of all journals exclusively publishing law and legal philosophy journals it appears to come second to the Oxford Journal of Legal Studies and above other choices. (I was surprised legal philosophy journals did not score much better.) I added several journals edited by political scientists, such as Political Studies, and was surprised to see they did not score as highly as I had thought. Roughly speaking, journals with a wider remit performed much better than journals with a more specific audience. I also added at least one journal, Ethics and Justice, that I believe is no longer in print. (Can readers correct me on this? I hope I am in error.) It scored 34% and came in at 101st.
What I will do shortly is create a new poll that will only have the top 50 philosophy journals from this poll roughly speaking. Expect to see this new link widely advertised shortly.
In the meantime, what do readers think we can take away from the results thus far? Have I missed anything?
EXECUTIVE SUMMARY - Iowa was a tobacco control leader in the 19th Century. In 1897 the General Assembly completely prohibited the use, sale, and possession of tobacco products in the state. When the law was repealed in 1921, the General Assembly enacted strong measures to prevent tobacco use by minors. In 1921 Iowa passed the first state cigarette excise tax (2 cents). - Tobacco control reemerged in the 1970s, however a coalition of health groups were consistently outmaneuvered by tobacco industry lobbyists. - In 1990 health groups attempted to strengthen Iowa's Clean Indoor Air Act (passed in 1987), however the tobacco industry, represented primarily by Charles Wasker, co-opted the bill, stripping meaningful tobacco control provisions and using it to include ambiguous language to preempt localities from passing clean indoor air laws, which chilled local clean indoor air action for a decade. - In 1993 the voluntary health organizations founded Tobacco Free Iowa (TFI), a dedicated statewide tobacco control coalition to advocate for tobacco control policy change. In 1995 TFI hired Serge Garrison, a former R.J. Reynolds (RJR) lobbyist, to lobby to repeal clean indoor air preemption. Garrison, who helped draft the preemption clause when working for RJR, questioned whether Iowa's ambiguously worded clause actually preempted local clean indoor air action. - Iowa, represented by Attorney General Tom Miller (D), was a party in the 1998 Master Settlement Agreement. Miller and the Iowa Attorney General's Office, have been strong allies to tobacco control in Iowa. - After the MSA, in 2000, Iowa created the Division of Tobacco Use Prevention and Control within the Iowa Department of Public Health to implement a state tobacco control program funded with MSA revenue. - In 2001 the General Assembly passed legislation to securitize the MSA revenue stream to receive an upfront lump sum in lieu of most future MSA payments. Politicians framed MSA securitization as a way to create stable funding for health programs, including tobacco, but the vast majority of the money went to infrastructure projects. - The Health Iowans Tobacco Trust created through securitization to fund tobacco and other health programs was continually raided by the General Assembly from 2001 to 2008, and zeroed out in 2009. - The Iowa Tobacco Division has never been funded at or near the CDC recommended best practices for tobacco control and tobacco control advocates have not mobilized enough political pressure to demand and protect funding for the Tobacco Division. - From 1998 to 2008, $44,577 in campaign contributions were given to Iowa legislative candidates and party committees by five tobacco companies: Altria/Philip Morris, Farner-Bocken (an Iowa-based distributor), Myers-Cox Company (an Iowa-based distributor),R.J. Reynolds, and US Smokeless Tobacco. - Tobacco industry contributions spiked in 2000 when the Iowa General Assembly was considering legislation to create the Iowa Tobacco Division and deciding the use of their MSA payments. Contributions dropped in 2004 after the General Assembly mandated that the Tobacco Division have a youth focus (a pro-industry position) and securitized most of their MSA revenue. In 2004, industry contributions jumped back up (and steadily increased though 2008) concurrent with an increase in the introduction of tobacco control initiatives (which were repeatedly killed until 2007). - The tobacco industry focused contributions on legislative leaders. Rep. Christopher Rants(R-Woodbury) former Iowa House Majority Leader (1999-2003) and Speaker of the House (2003-2006) received the most industry money from 1998-2008 ($7,397). Rants was a key player in killing tobacco tax and local control bills throughout the 2000s. Representative Jamie Van Fossen (R- Scott) who served as the Chair of the House Ways and Means Committee received the second greatest amount ($6,050), followed by Sen. Stewart Iverson, Jr. (R-Wright), Senate Majority Leader from 1997-2006 ($2,220). - From 1998 to 2008, tobacco industry contributions to Republican candidates and the Republican party ($27,947) far outweighed contributions to their Democratic counterparts($15,130). From 1998 to 2007, Republicans controlled both houses (except in 2006 when the Senate was tied). - Republican legislators were significantly more pro-tobacco than Democrats. - Legislators who accepted campaign contributions from the tobacco industry were significantly more pro-tobacco than those who did not, controlling for party. - The tobacco industry maintains a significant lobbying presence, between 2003 and 2008 the tobacco industry reported $667,875 in lobbying expenditures in Iowa. - After an inquiry prompted by Serge Garrison in the late 1990s, Attorney General Tom Miller (D) issued an opinion in November 2000 stating that state law did not preempt local clean indoor air ordinances. - From 1999 to 2003 there was a tide of local clean indoor air action. In March 2002, Ames passed Iowa's first clean indoor air ordinance. Ames' ordinance included a tobacco industry inspired "hours" provision that allowed smoking after 8:30pm, advocated for by hospitality interests, making the ordinance weak. Its passage created momentum for other localities to pass clean indoor air measures. - In January 2002, Iowa City passed Iowa's first 100% smokefree restaurant ordinance. Other localities, aided by the Iowa Attorney General's Office and TFI, began considering ordinances and enactment of voluntary clean indoor air policies. - Local clean indoor air progress was blocked in 2003, after a group of Ames business owners, funded by Philip Morris, challenged the Ames ordinance in court. In May 2003, the Iowa Supreme Court ruled that the 1990 Clean Indoor Air Act was preemptive. - In 2003, TFI collapsed, leaving Iowa without a functioning tobacco control coalition until 2006. In 2003 some advocates reorganized to create CAFE Iowa and CAFE Iowa CAN, primarily to repeal preemption. - Beginning in 2005, under the direction of Iowa Tobacco Division Director Bonnie Mapes, Iowa advocates reorganized and created a strategic plan. In 2006 the Iowa Tobacco Prevention Alliance was created to assume the role of Iowa's statewide tobacco control coalition. - The combination Democrats taking control of the legislature in 2007 and the reorganization of tobacco control advocates in 2006 led to substantial tobacco control policy changes. - In 2007 the Iowa General Assembly passed a $1 increase in the cigarette tax, the first increase in 16 years. - In 2008 the General Assembly passed the strong Iowa Smokefree Air Act that extended smokefree environments to 99 percent of Iowa employees and repealed preemption. - Following the 2007 tax increase, adult smoking rates in Iowa fell from 18 to 14% in two years (2006 to 2008). - Youth smoking rates increased from 2004 to 2006 following a substantial cut in allocations to the Tobacco Division in 2002, leading to a substantial decrease in expenditures for Just Eliminate Lies, Iowa's youth counter-marketing campaign. - Tobacco control advocates must make securing and maintain adequate funding for Iowa's Tobacco Division a top priority. The CDC recommends that tobacco control programs in Iowa be funded at $36.7 million per year. In FY 2009, the Tobacco Division received only $11.0 million, less than a third of the CDC recommended level. An increase in funding is particularly important because of the increase in youth smoking rates since JEL's 2002 funding cut. - Given the Tobacco Division's limited budget and the increasing levels of youth and young adult smoking, the Tobacco Division should focus less on funding individual level cessation services (other than the Quitline, which is a public health intervention) and instead increase its emphasis on media and community-based programs that are more cost effective public health interventions to reduce tobacco use. - Advocates should work to require health insurance to provide cessation services through the medical services budget, not public health. - Advocates need to expand their base beyond major cities to rural areas of Iowa to broaden the base of support for smokefree environments and expand the political base to maintain and expand funding for tobacco control efforts.
The problem under study. The problem of efficiency of alternative to imprisonment (non-custodial) sanctions is investigated in the present study. The fundamental advantage of this kind of punishment is the possibility to control offenders' behavior in the community. This idea is based on the personal ability to change, which depends on an offender's will and efforts to change himself and to start solving the problems, which have caused the offending behavior (motivation to change). Therefore, imposed alternative sanctions should affect the changes in offenders' behavior. The individual conditions (obligation and/or restrictions) of the sanction, imposed by a court, should direct an offender's efforts to change. The problem of efficiency of alternative sanctions is discovered, while studying, how the conditions of imposition and execution of these sanctions could affect the criminogenic factors and, therefore, could reduce recidives of crime. Analyzing these aspects we can observe the problem of individualization of punishment, or finding the appropriate sanction, and the problem of coherent application of the sanction. A court, imposing non-custodial sanction, should not only state a term of its application, but also should decide, if the imposed obligations (their amount and character) are sufficient to supervise the offender in the community. The imposition of non-custodial sanctions to a great extend determs the process of execution of it. Particularly, if the conditions of imposed sanction do not determine the offender to change and to solve the problems, related with offending behavior, then the control of their execution cannot affect the recidive of offending. The practical efficiency of these sanctions is determed by selection of the appropriate sanction; by sufficiency and practical useness of requirements, applied to offender in the process of execution; and by evaluation of the execution. The relevance of the study. The Commettee of Ministers of The Council of Europe, solving the problem of overcrowdedness of prisons, recommended to the member-states to deliver the plan to solve this problem, which would be based on the priorities of punishment, the public opinion, and the analysis of present practice of punishment. The program of the Government of the Republic of Lithuania of years 2000 – 2004 contains the intention to modify partially the system of punishment; to state the adequate punishment to the violations of law, to reduce the repressive effect of sanctions, to seek the social integration of the persons, having served the sentence. In this program there was presumed "the principle of economy of punishment" – the least sanction, which would be enough to affect the offender and stimulate him to change; confirmed the intention to apply community service, material sanctions and other non-custodial sanctions rather than penal measures. The legislative directions, contained in these documents, allowed to extend the application of alternative sanctions in the Penal Code, which came into effect on 1 May 2003. These measures were supposed to reduce the number of imprisoned and to become an efficient alternative to custodial sanctions. One of the conditions of efficiency of alternative sanctions is a systematic analysis and evaluation, if its application helps to reach the planned results. After more than five years since new Penal Code came into effect, we have some expirience of application of alternative sanctions, which would need a revision. Observing the functioning of the system of these sanction we can note, that the sanctions are being imposed and executed chaotically. This primary overview determs the relevance of theoretical and practical study of alternative sanctions. The law acts of the Republic of Lithuania forms the need to create an efficient model of probation. The program of the Government of the Respublic of Lithuania of the years 2004 – 2008 foresees to develop the model of probation (suspended sentence, early discharge from punishment), which would be conform to international legal acts and would stimulate offenders not to offend in the future. The activity program of the Government of the year 2009 foresees to extend the efficient probation (including suspended sentence) system, which is oriented towards management of the risk of repeated offending behavior, which would create the conditions for social security, for reducing the recidives of crime, and particularly for reducing the number of imprisoned people. The mentioned program contains the intention to direct the work of correctional inspections toward social aid to convicts, not only toward the control of their behavior. Development of the model for probation is also approved in the Conception of probation system in Lithuania. In order to achieve these aims, it is necessary to explore the problems of the existing system of alternative sanctions and to state practice-based criteria, which the efficiency of the sanctions depends on. The object of the study. In this dissertation study there is investigated theorical and practical aspects of conditions of imposition and execution of community service, limitation of freedom and suspended sentence, in the terms of rational usage of resources and reducing of recidives. The aim of the study. The aim of this dissertation study is to state the shortcomings of application of alternative sanctions and to formulate the criteria of efficiency, on the base of theoretical knowledge and collected practical data. The tasks of the study: 1) To present theorical analysis of the system of alternative sanctions (probation); 2) To analize the criteria, which efficiency of the system of alternative sanctions depends on; 3) To analize, if the existing reglamentation of sanction imposition allows to a court to select the appropriate alternative sanction; 4) To investigate the concept of offender's personality and his dangerness, formed in the Lithuanian penal law; 5) To state, if the structure of evaluation of personality and dangerness ensures elimination of the criminogenic factors; 6) To state the main practical problems of imposition of alternative sanctions; 7) To investigate the process of execution of alternative sanctions, to explore its main shortcomings and to state the criteria of its efficiency. The scientific recency of the study. The legal and social criteria of efficiency of non-custodial sanction have not been yet researched in Lithuania. This dissertation study presents the complex research of the presumptions of efficiency of these sanctions.The study contains analysis of the national system of alternative sanctions, in the context of reglamentation of this system by international legal acts and reglamentation of national systems in such countries, as the United Kingdom, Sweden and others. The area of present research also comprises the examination of scientific substantiation of the national system in the context of concepts of efficiency, approved in these countries. The author of the study argues the significant role of scientific approach, based on practical research, in the formation of the efficient system of alternative sanctions. The study contains the description of the scientific and practical researches, which allowed to comprehend the link between the structured evaluation of offender's personality and the selection of a proper sanction. In the study there are also argued the significant role of proper evaluation of the social factors in realization of alternative sanctions. The analysis comprises not only theoretical conception of efficiency, but also the evaluation of expirience of application of the sanctions in Lithuania. This study presents the new approach to the problems of the discretion of sanction imposition and the evaluation of offender's personality. The significance of the work. One of the significant aspect of the present research is the analysis of some years of the practice in application of alternative sanction in Lithuania. On the basis of complex research we have tried to state the criteria of efficiency of alternative sanctions. These criteria could be used improving the legal acts on the imposition and execution of alternative sanctions. The hypothesis of the study. The existing mechanism of imposition and execution of alternative sanctions is not efficient, since its affection to recidive of crime is not based on the measures, oriented towards elimination or correction of criminogenic factors. The maintained statements of the dissertation study: 1. The possibility to control (supervise) a convict in the community depends on his motivation, which is expressed by his consent (agreement) to fulfil the requirements of imposed obligation. 2. The rules of imposition of alternative sanctions should be oriented to the certain groups of offenders (for example, substances addicted persons). 3. Since a court has extensive discretion in selection of the type of alternative sanction, the main reason for the selection is evaluation of information about an offender. 4. Subjectivity in evaluation of personality of offender and his dangerness determs eclecticism in the practice of imposition of alternative sanctions. 5. Imposition and execution of alternative sanctions should be oriented to change offender's social behavior and to eliminate criminogenic factors (substance addictment, alcohol drinking, etc.), which have been resulted in offence. 6. If substance addictment was a significant factor in making an offence, imposed to the offender alternative sanction should also contain the obligation to undergo treatment course. 7. The present reglamentation of application of alternative sanctions doesn't contribute to offenders' social progress and to their rehabilitation. 8. The present reglamentation determs only nominal approach to execution of obligation by convicts and to assessment of that execution. 9. The obligation to undergo the treatment course should
The problem under study. The problem of efficiency of alternative to imprisonment (non-custodial) sanctions is investigated in the present study. The fundamental advantage of this kind of punishment is the possibility to control offenders' behavior in the community. This idea is based on the personal ability to change, which depends on an offender's will and efforts to change himself and to start solving the problems, which have caused the offending behavior (motivation to change). Therefore, imposed alternative sanctions should affect the changes in offenders' behavior. The individual conditions (obligation and/or restrictions) of the sanction, imposed by a court, should direct an offender's efforts to change. The problem of efficiency of alternative sanctions is discovered, while studying, how the conditions of imposition and execution of these sanctions could affect the criminogenic factors and, therefore, could reduce recidives of crime. Analyzing these aspects we can observe the problem of individualization of punishment, or finding the appropriate sanction, and the problem of coherent application of the sanction. A court, imposing non-custodial sanction, should not only state a term of its application, but also should decide, if the imposed obligations (their amount and character) are sufficient to supervise the offender in the community. The imposition of non-custodial sanctions to a great extend determs the process of execution of it. Particularly, if the conditions of imposed sanction do not determine the offender to change and to solve the problems, related with offending behavior, then the control of their execution cannot affect the recidive of offending. The practical efficiency of these sanctions is determed by selection of the appropriate sanction; by sufficiency and practical useness of requirements, applied to offender in the process of execution; and by evaluation of the execution. The relevance of the study. The Commettee of Ministers of The Council of Europe, solving the problem of overcrowdedness of prisons, recommended to the member-states to deliver the plan to solve this problem, which would be based on the priorities of punishment, the public opinion, and the analysis of present practice of punishment. The program of the Government of the Republic of Lithuania of years 2000 – 2004 contains the intention to modify partially the system of punishment; to state the adequate punishment to the violations of law, to reduce the repressive effect of sanctions, to seek the social integration of the persons, having served the sentence. In this program there was presumed "the principle of economy of punishment" – the least sanction, which would be enough to affect the offender and stimulate him to change; confirmed the intention to apply community service, material sanctions and other non-custodial sanctions rather than penal measures. The legislative directions, contained in these documents, allowed to extend the application of alternative sanctions in the Penal Code, which came into effect on 1 May 2003. These measures were supposed to reduce the number of imprisoned and to become an efficient alternative to custodial sanctions. One of the conditions of efficiency of alternative sanctions is a systematic analysis and evaluation, if its application helps to reach the planned results. After more than five years since new Penal Code came into effect, we have some expirience of application of alternative sanctions, which would need a revision. Observing the functioning of the system of these sanction we can note, that the sanctions are being imposed and executed chaotically. This primary overview determs the relevance of theoretical and practical study of alternative sanctions. The law acts of the Republic of Lithuania forms the need to create an efficient model of probation. The program of the Government of the Respublic of Lithuania of the years 2004 – 2008 foresees to develop the model of probation (suspended sentence, early discharge from punishment), which would be conform to international legal acts and would stimulate offenders not to offend in the future. The activity program of the Government of the year 2009 foresees to extend the efficient probation (including suspended sentence) system, which is oriented towards management of the risk of repeated offending behavior, which would create the conditions for social security, for reducing the recidives of crime, and particularly for reducing the number of imprisoned people. The mentioned program contains the intention to direct the work of correctional inspections toward social aid to convicts, not only toward the control of their behavior. Development of the model for probation is also approved in the Conception of probation system in Lithuania. In order to achieve these aims, it is necessary to explore the problems of the existing system of alternative sanctions and to state practice-based criteria, which the efficiency of the sanctions depends on. The object of the study. In this dissertation study there is investigated theorical and practical aspects of conditions of imposition and execution of community service, limitation of freedom and suspended sentence, in the terms of rational usage of resources and reducing of recidives. The aim of the study. The aim of this dissertation study is to state the shortcomings of application of alternative sanctions and to formulate the criteria of efficiency, on the base of theoretical knowledge and collected practical data. The tasks of the study: 1) To present theorical analysis of the system of alternative sanctions (probation); 2) To analize the criteria, which efficiency of the system of alternative sanctions depends on; 3) To analize, if the existing reglamentation of sanction imposition allows to a court to select the appropriate alternative sanction; 4) To investigate the concept of offender's personality and his dangerness, formed in the Lithuanian penal law; 5) To state, if the structure of evaluation of personality and dangerness ensures elimination of the criminogenic factors; 6) To state the main practical problems of imposition of alternative sanctions; 7) To investigate the process of execution of alternative sanctions, to explore its main shortcomings and to state the criteria of its efficiency. The scientific recency of the study. The legal and social criteria of efficiency of non-custodial sanction have not been yet researched in Lithuania. This dissertation study presents the complex research of the presumptions of efficiency of these sanctions.The study contains analysis of the national system of alternative sanctions, in the context of reglamentation of this system by international legal acts and reglamentation of national systems in such countries, as the United Kingdom, Sweden and others. The area of present research also comprises the examination of scientific substantiation of the national system in the context of concepts of efficiency, approved in these countries. The author of the study argues the significant role of scientific approach, based on practical research, in the formation of the efficient system of alternative sanctions. The study contains the description of the scientific and practical researches, which allowed to comprehend the link between the structured evaluation of offender's personality and the selection of a proper sanction. In the study there are also argued the significant role of proper evaluation of the social factors in realization of alternative sanctions. The analysis comprises not only theoretical conception of efficiency, but also the evaluation of expirience of application of the sanctions in Lithuania. This study presents the new approach to the problems of the discretion of sanction imposition and the evaluation of offender's personality. The significance of the work. One of the significant aspect of the present research is the analysis of some years of the practice in application of alternative sanction in Lithuania. On the basis of complex research we have tried to state the criteria of efficiency of alternative sanctions. These criteria could be used improving the legal acts on the imposition and execution of alternative sanctions. The hypothesis of the study. The existing mechanism of imposition and execution of alternative sanctions is not efficient, since its affection to recidive of crime is not based on the measures, oriented towards elimination or correction of criminogenic factors. The maintained statements of the dissertation study: 1. The possibility to control (supervise) a convict in the community depends on his motivation, which is expressed by his consent (agreement) to fulfil the requirements of imposed obligation. 2. The rules of imposition of alternative sanctions should be oriented to the certain groups of offenders (for example, substances addicted persons). 3. Since a court has extensive discretion in selection of the type of alternative sanction, the main reason for the selection is evaluation of information about an offender. 4. Subjectivity in evaluation of personality of offender and his dangerness determs eclecticism in the practice of imposition of alternative sanctions. 5. Imposition and execution of alternative sanctions should be oriented to change offender's social behavior and to eliminate criminogenic factors (substance addictment, alcohol drinking, etc.), which have been resulted in offence. 6. If substance addictment was a significant factor in making an offence, imposed to the offender alternative sanction should also contain the obligation to undergo treatment course. 7. The present reglamentation of application of alternative sanctions doesn't contribute to offenders' social progress and to their rehabilitation. 8. The present reglamentation determs only nominal approach to execution of obligation by convicts and to assessment of that execution. 9. The obligation to undergo the treatment course should
El estudio analiza la articulación técnica de la reapertura de la mina de Aznalcóllar a través de un concurso internacional. Se examina la situación de los permisos de investigación afectados por el proyecto de reapertura. La extinción de los permisos solicitados suscita dos cuestiones: de una parte, la naturaleza de la caducidad de los títulos mineros que regula la vigente Ley de Minas de 1973 y, de otra parte, la cuestión de la indemnizabilidad de la extinción de los permisos mineros. El sistema que prevé la Ley preconstitucional de Minas de 1973 con relación a la concesión que es el título habilitante para la explotación de los recursos de la Sección C, es la adjudicación directa basada en la preferencia de los titulares previos de permisos de investigación. Pese a ello, consideramos que, para la mejor garantía de los intereses generales implicados, el procedimiento de adjudicación debía de ser el concurso público. Dado que la Ley de Minas no prevé tal posibilidad, se examinan los instrumentos jurídicos que pudieran permitir articular jurídicamente el concurso pú- blico en el marco de la propia Ley de Minas: la reserva minera (art. 7 LMi) y la declaración de no registrabilidad (art. 39.3 LMi). Entre las dos opciones estudiadas, la Junta de Andalucía optó por ejercer la potestad de reserva definiendo y delimitando la "zona Aznalcóllar" y permitiendo la adjudicación de la Mina conforme a un procedimiento de concurrencia competitiva a través de del Decreto-ley 9/2013, de 17 de diciembre, por el que se articulan los procedimientos necesarios para la reapertura de la mina de Aznalcóllar. Este Decreto-ley, dio lugar al planteamiento de recurso de inconstitucionalidad interpuesto por el Gobierno. No obstante, y como resultado de las negociaciones políticas, el desbloqueo de la situación se articuló jurídicamente de una parte, a través del Decreto-ley estatal 6/2014, de 11 de abril, por el que se regula el otorgamiento de la explotación de los recursos mineros de la zona denominada «Aznalcóllar», y de otra parte, del Decreto-ley 4/2014, de 11 de abril, por el que se adoptan las medidas urgentes necesarias en relación con el procedimiento de reapertura de la mina de Aznalcóllar. El estudio concluye que no puede mantenerse una normativa preconstitucional para regular un sector tan complejo y de tanta trascendencia para la economía y el empleo de nuestro país. No lo permite nuestra Constitución ni el nuevo modelo de nuestro Estado de las Autonomías. ; The study stems from the opinion requested by the General Administration of Mines of the Ministry of Economy of the Regional Government of Andalusia and aims to analyze the technical articulation of the reopening of the Aznalcollar mine through an international competition. First it is analyzed the situation of research permits affected by the reopening project. The extinction of the requested permits raises two issues: on the one hand, the nature of the expiration of the mining titles that regulates the current Mining Law and, on the other hand, the compensation for damages of the expiration of mining permits. The system provided by the pre-constitutional Mining Law of 1973 in relation to the concession which is the supporting title for the exploitation of the resources of Section C, is the direct award based on the preference of holders of previous research. Nevertheless, we believe that, to the best guarantee of the general interest, the award procedure should be competitive examination. Since the Mining Law does not provide such possibility, the legal instruments that would allow to legally articulate the competition under the Mining Law are examined: mining reserve (art. 7 LMi) and the statement of non-registrability (art. 39 LMi). Between the two options studied, the Regional Government of Andalusia chose to exercise the reserve, defining and delimiting the "Aznacollar area" and allowing the award of the Mine in a competitive process by the Decree-Law 9/2013, December 17th, which articulates the procedures for the reopening of the Aznacollar mine. This Decree-Law led to the approach of a constitutional complaint filed by the Government. However, as a result of political negotiations that took place to resolve this crisis, the situation of the Aznalcollar mine was unlocked through two DecreeLaws: the Decree-Law 6/2014, November 11th, which regulates the granting of exploitation of mining resources, and the Decree-Law 4/2014, April 11th, for which the necessary urgent measures are adopted in relation to the process of reopening the Aznalcollar mine. The study concludes that it cannot be maintained a pre-constitutional legislation to regulate such a complex and of such importance to the economy and employment in our country. It is not permitted by our Constitution and the new model of the Autonomous State.
Abstract: This research devoted to analyze relationship between social media political marketing through trust, knowledge & voting intention of youth voters, regarding with Indonesia Presidential Election 2019. In total hundreds of respondents, with 51 women and 49 men, thus majority are Tanjungpura University students. With age 17-35 as young adults, actively on social media, indeed aware with presidential candidates 2019 of political marketing, for at least six months. By using online questionnaire and spread through social media, the data processed with SmartPLS 3.2.8. software. The methods is a causal research, based on Likert seven-point scale. Results, however revealed no significant relationship between social media political marketing with youth voting intention (H3). 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In: Janssen , I I 2011 , ' Adaptive decision making in multi-stakeholder retail planning ' , Doctor of Philosophy , Built Environment , Eindhoven . https://doi.org/10.6100/IR712686
The decision where to locate new retail facilities is increasingly more a multi-stakeholder decision instead of a single-actor decision. In the past, the Dutch Government had a strong hand in determining the program and location for new shopping centres. Since the introduction of the newest national policy document on spatial planning, the so called "Nota Ruimte", the Dutch government decided to relax restrictions for all retail categories to be located at peripheral locations. Furthermore, with this new policy the responsibility for planning decisions was delegated to local governments. This change in retail planning policy gave room to real estate developers (often cooperating with retail firms) to initiate peripheral retail development. Thus at the present time, planners, retailers and developers, as main actors involved in retail planning, meet each other at the local policy level, to decide on the location of new retail developments. Previous studies assumed that stakeholders involved in location decisions make independent, sequential decisions. However, since location decisions are made in a larger context of stakeholder interactions, stakeholders have become jointly responsible for the full development process. Nevertheless, the decision behaviour of these stakeholders is neglected within location decision literature. The aim of this study is: (i) to reveal preferences for retail location options of different stakeholder groups, and (ii) to measure the degree in which these preferences are influenced by the preferences of other stakeholders. For this second purpose, the concept of adaptive behaviour is defined as the phenomenon that a decision maker adjusts his/her preferences in accordance with the preferences of other decision makers in order to reach consensus. It is supposed that adaptive behaviour plays a role since stakeholders interact during negotiations and influence each other's viewpoints in order to reach agreement. To meet both purposes an experimental research approach was used. Three stakeholder groups (local governments, developers and retailers) were invited to participate in a Web-based conjoint choice experiment. Before discussing the experiment, the main part of this study, the first chapters of this thesis give a theoretical foundation of the retail planning problem, the retail planning process and multi-actor decision making in general. Chapter 2 of this thesis starts with an explanation of the retail location decision problem. It discusses how retail planning policy in the Netherlands has shifted from a restrictive to a relaxed policy that allows new retail developments to be located at peripheral locations. It also shows that decentralization of planning responsibilities is coherent with more general shifts in planning views. Furthermore, it argues that retail planning decisions have to be made in a very dynamic, constantly changing, decision environment. Consumer behaviour is changing fast, leisure has become more important (often combined with shopping), and the importance of internet as retail channel has increased. On the supply side, increases of scale and internationalization of retail firms have changed the demand for retail property. Finally, market dynamics had a big influence on investor behaviour. Although the interest from institutional investors in shopping centres as an investment asset grew, the financial crisis led to a slowdown of investment and development activities. Chapter 3 takes a closer look at the processes regarding retail planning decisions from both the planner's and developer's perspective. To understand the course of decision making, insight in formal planning procedures and legal instruments is needed. The most important aspect in this perspective is that, since retail planning policies have been decentralized and relaxed, local and regional governments are now in the middle of revising their structure plans with retail being part of it. In the meantime, several new peripheral retail developments have been initiated which anticipate deregulation. Three of these initiatives were discussed in this chapter. These case studies showed the importance of agreement about the best retail structure for a particular area to get new peripheral retail plans that fit this approved retail structure. Missing consensus will certainly lead to frustration during the development process. Moreover, the case studies showed that even if private and public stakeholders jointly agreed on a plan proposal, the political decision making process that follows may frustrate plan development. Subsequently, in Chapter 4 the concept of multi-actor decision making is discussed in more detail. It explains that negotiations on retail plan proposals ought to be joint (cooperative) decisions although decision entities may also show non-cooperative behaviour. During the negotiation process the preferences of each decision maker may be influenced by interactions with other decision makers. When showing cooperative behaviour stakeholders adjust their preferences to reach consensus. This adaptive behaviour is the focus of this study. Preferences can also be influenced by interactions that are not preceded by real actions between the negotiators, such as interactions by media, other stakeholders that are not the negotiators (like pressure groups), or experiences with former interactions. To explain why decision makers may adapt their preferences, different reasons are discussed based on a literature review. These reasons include differences in power positions, interests and perceptions. Choice modelling is proposed to be a suitable approach to measure retail location preferences and adaptive behaviour of stakeholders. It can deal with multiple discrete attributes and can be applied to multi-stakeholder settings. In the next part of the thesis, the research approach to measure preferences and adaptive behaviour, the data-collection and data-analysis are discussed. In Chapter 5 it is first argued that traditional conjoint experiments and choice modelling techniques have to be extended in order to collect data on adaptive behaviour. It is explained how adaptation and context variables can be derived from the data collected with choice experiments. Each respondent had to choose the most preferred alternative (retail plan) from sets of alternative retail plans. The experiment consists of two parts. In contrast to the first part of the experiment, in the second part the preferences of the other stakeholders were added to the decision context. The context variables could be derived by measuring the differences in preferences between the first and the second part of the experiment. The adaptation variables were obtained by assuming positive additional attribute effects for the alternatives chosen by the other stakeholders and negative attribute effects for the other choice alternatives. These adaptation variables measure the degree that preferences of decision makers are affected by the preferences of other the stakeholders. Based on these principles, a Web-based conjoint choice experiment is developed as described in Chapter 6. Three stakeholder groups (local governments, developers and retailers) were invited to participate in a Web-based conjoint adaptation experiment. Stakeholders were asked which retail plan alternative they prefer for expanding the existing retail structure of the imaginary city "Shop City". Expansion of retail supply was possible in three retail categories (Toys and Sporting Goods, Home Electronics & Media, Fashion) and a Restaurant. These four categories represented the attributes of the experimental design. The levels for each category represented possible locations for expansion of these retail categories; 1) adjacent to a sport stadium, 2) an expansion of a furniture strip and 3) the inner city. The choice options reflect typical current retail developments, in nature and size, in the Netherlands. The data-collection procedure and the response have been discussed in Chapter 7. Every respondent had to make two times fifteen choices. Tests with students showed that this number of choices was good to handle without becoming indifferent. A total number of 170 respondents (67 developers, 67 local governments and 36 retailers) made 5100 choices, which was a good base for model estimations. Although the number of retailers that took part in the experiment was relatively small, it reaches the number that was aimed for, resulting in satisfying modelling results. Based on the characteristics of the respondents we can conclude that they were a good representation of the stakeholder groups in practice. The analysis of the results that are discussed in Chapter 8 provides interesting insights that help to explain retail planning decisions. Results show that adaptive behaviour plays an important role in these decisions. Tests showed that for all three stakeholder groups the models including adaptation variables performed significantly better than the models without adaptation variables. Except for some developer's models, including context variables did not lead to significantly better model estimations In general, the results reflect the background of the stakeholders. The group of developers appeared to be the most adaptive. Developers facilitate with their development plans market demand and are willing to adapt their viewpoint to the opinion of the other stakeholders. Retailers turned out to be the most persistent in their viewpoints. They represent market demand and as such do not allow their preferences to be influenced by choices of developers nor local governments. Finally, local governments behave somewhere in between. Almost all adaptive behaviour that was estimated was cooperative, implicating that in general stakeholders are willing to positively adapt their viewpoint to the preferences of others. In general, negative part-worth utilities did not turn positive, but became less extreme, potentially increasing the level of consensus. Regarding the preferences of the different stakeholders concerning the different retail plan options it can be concluded that these are typical for the current Dutch retail market. All stakeholder groups believed that Fashion should not be located at a peripheral retail location. This suits with the general opinion that buying clothes is considered to be a recreational shopping activity and for that reason, Fashion should be located in the inner city shopping areas. Peripheral locations are regarded to be the location for goal-oriented shopping motives. With respect to the location of the retail categories Toys & Sporting Goods and a Restaurant, stakeholders appeared to be rather indifferent. For the developers, however, the most preferable option for locating the Restaurant was the furniture strip. All stakeholders reject the option of locating the retail category Home Electronics & Media near a sports stadium. The group of developers prefer to locate this retail category at the furniture strip while the retailers and local governments are indifferent in locating this retail category at the furniture strip or the inner city. In general, it seems that although retail planning legislations in the Netherlands has been relaxed, public as well as private stakeholders still show conservative opinions in locating non-food branches other than furniture out of the city centre. Including adaptation variables significantly improved the model estimations. The models' performances could even be improved more by taking heterogeneity in consideration. It was found that Mixed Logit models, taking into account taste differences, performed significantly better than standard MNL models, Furthermore, models including variables indentifying subsamples performed significantly better than models without. To conclude, this study showed that extending traditional choice experiment enables researchers to capture behavioural aspects like adaptive behaviour within multi-stakeholder decision models. The results of the experiment do not explain why stakeholders adjusted their preferences, although a literature review gave some suggestions. Future research could explore these motives underlying adaptive behaviour by applying in-depth interviews, for example. Finally, future research could focus on the way information about preferences and adaptive behaviour in retail planning can be used as input for new location decision models that cover several negotiation steps.
