Regulatory agencies aim to protect the public by moderating risks associated with innovation, but a good regulatory regime should also promote justified public trust. After introducing the USDA 2020 SECURE Rule for regulation of biotech innovation as a case study, this essay develops a theory of justified public trust in regulation. On the theory advanced here, to be trustworthy, a regulatory regime must (1) fairly and effectively manage risk, must be (2) “science based” in the relevant sense, (...) and must in addition be (3) truthful, (4) transparent, and (5) responsive to public input. Evaluated with these norms, the USDA SECURE Rule is shown to be deeply flawed, since it fails appropriately to manage risk, and similarly fails to satisfy other normative requirements for justified trust. The argument identifies ways in which the SECURE Rule itself might be improved, but more broadly provides a normative framework for the evaluation of trustworthy regulatory policy-making. (shrink)

Most discussions of the relationship between liberty and security focus on the idea that enhancing citizens’ security may require imposing constraints on their civil liberties. This paper explores the question of how measures to enhance security stand vis à vis the idea of political liberty, i.e. the idea of citizens’ collectively directing the power of their state. It distinguishes two models whereby citizens might enact that ideal of self-rule and argues that with respect to issues of national security, the (...) less direct model, which entrusts political agents to make decisions beyond direct democratic input, will often be more appropriate. It argues as well that various practices often seen as fundamentally at odds with the ideal of rule by the people are in fact consistent with a reasonable construal of that ideal. It concludes by outlining various criteria that would have to be met for such practices to be morally permissible in democratic states. (shrink)

I contrast two modes of error-elimination relevant to evaluating evidence in accounts that emphasize frequentist reliability. The contrast corresponds to that between the use of of a reliable inference procedure and the critical scrutiny of a procedure with regard to its reliability, in light of what is and is not known about the setting in which the procedure is used. I propose a notion of security as a category of evidential assessment for the latter. In statistical settings, robustness theory and (...) misspecification testing exemplify two distinct strategies for securing statistical inferences. (shrink)

This study explored the global cyberspace security issues, with the purpose of breaking the stereotype of people’s cognition of cyberspace problems, which reflects the relationship between interdependence and association. Based on the Apriori algorithm in association rules, a total of 181 strong rules were mined from 40 target websites and 56,096 web pages were associated with global cyberspace security. Moreover, this study analyzed support, confidence, promotion, leverage, and reliability to achieve comprehensive coverage of data. A total of 15,661 sites mentioned (...) cyberspace security-related words from the total sample of 22,493 professional websites, accounting for 69.6%, while only 735 sites mentioned cyberspace security-related words from the total sample of 33,603 non-professional sites, accounting for 2%. Due to restrictions of language, the number of samples of target professional websites and non-target websites is limited. Meanwhile, the number of selections of strong rules is not satisfactory. Nowadays, the cores of global cyberspace security issues include internet sovereignty, cyberspace security, cyber attack, cyber crime, data leakage, and data protection. (shrink)

The question whether corporations should be used as a means for administering distributive justice is crucial. There are two fundamental issues associated with this. Firstly, would the introduction of rules have any distributional effect? Secondly, what would be the efficiency cost? In this paper, we explore both questions with reference to a job-security corporate rule. We show that the job-security rule will always produce distributional consequences which are consistent with its objectives. However, whether or not it is a (...) socially desirable policy depends on whether the economy is at an efficient allocation and what motivated the policy. It can be shown that under some conditions, even if the initial allocation is efficient, yet not the socially desirable one, a corporate rule—like the job security one—may produce socially desirable gains. The same can be said in the case where the initial allocation is inefficient even in the presence of competitive markets (dueto incompleteness problems). However, these social gains would come at the expense of competitiveness. In an internationally open environment this may offset the initial social gains from this policy. Whether or not this happens would then depend on whether agents have a social dimension to their preferences or not. If they do, their response to the initiative may offset the initial loss of competitiveness. Alternatively, society may face the dilemma whether to remain open to uphold local conceptions of distributive justice. (shrink)

Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, (...) researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council. (shrink)

The Prudent Investor Rule creates a potential ethical dilemma for investment advisors selling over-the-counter financial products issued by their firms. The "opportunity" to defraud investors using complex, over-the-counter derivative securities designed for client-specific risk management is much higher than for exchange traded securities. This paper emphasizes the ethical responsibility held by trustees and their organizations to eliminate potential conflict of interests through internal control and monitoring. Independent evaluations of the performance of investment advisors and independent appraisals of complex over-the-counter (...) securities are important in reducing the risks of conflicts of interest. Recent lessons learned from the corporate ethics crisis and requirements of the 2002 Sarbanes Oxley Act would suggest that conflict of interest must be eliminated with third party validation of derivative pricing. By performing due diligence and validation, the trustee is able to satisfy the requirements under the Prudent Investor Rule. (shrink)

In cloud security, intrusion detection system (IDS) is one of the challenging research areas. In a cloud environment, security incidents such as denial of service, scanning, malware code injection, virus, worm, and password cracking are getting usual. These attacks surely affect the company and may develop a financial loss if not distinguished in time. Therefore, securing the cloud from these types of attack is very much needed. To discover the problem, this paper suggests a novel IDS established on a combination (...) of a leader-based k-means clustering (LKM), optimal fuzzy logic system. Here, at first, the input dataset is grouped into clusters with the use of LKM. Then, cluster data are afforded to the fuzzy logic system (FLS). Here, normal and abnormal data are inquired by the FLS, while FLS training is done by the grey wolf optimization algorithm through maximizing the rules. The clouds simulator and NSL-Knowledge Discovery and DataBase (KDD) Cup 99 dataset are applied to inquire about the suggested method. Precision, recall, and F-measure are conceived as evaluation criteria. The obtained results have denoted the superiority of the suggested method in comparison with other methods. (shrink)

This article explores how the segments of the state police and security organs were transformed into a large private security industry in Russia after 1992. As market reforms were launched, the numbers of private property owners grew dramatically, but the state institutions for the protection of property and dispute settlement were either absent or defunct. This gap was consequently filled with various private institutions, private protection companies and private security services being the major ones. The article studies the context of (...) their emergence, their functions and practices as well as their relations with the state and the criminal sector. (shrink)

The problem of preferential rules embodies several essential issues of searching for the optimal proportion between the security provided by the police and the liberties of citizens. Preferential rules are related to various particular conflicts brought about by carrying out the security functions of the police. The rules consist of values, that ought to be profoundly judged in every particular situation, as well as of proofable standards of various emergencies, i. e. the threats to the values secured by the police. (...) Further reasonings are then to be carried out in two ways: by artuculation of the rules in their pragmatic functions and by making more clear the meaning of the rules for the new philosophy of the police and for the ground free order in a law state. (shrink)

For a long time many philosophers felt the incoherence objection was a decisive objection to rule-consequentialism, but that position has recently become less secure, because Brad Hooker has offered a clever new way for rule-consequentialists to avoid the incoherence objection. Hooker’s response defeats traditional forms of the incoherence objection, but this paper argues that another version of the problem remains. Several possible solutions fail. One other does not, but it introduces other problems into the theory. I conclude (...) that the new incoherence objection still poses a major challenge to rule-consequentialism, though not for the reasons usually assumed. It does not constitute a fatal objection to rule-consequentialism but instead highlights a theoretical drawback in the theory which must be taken into account during a more holistic evaluation of rule-consequentialism and its rivals. (shrink)

After a recent spate of terrorist attacks in European and American cities, liberal democracies are reintroducing emergency securitarian measures that curtail rights and/or expand police powers. Political theorists who study ESMs are familiar with how such measures become instruments of discrimination and abuse, but the fundamental conflict ESMs pose for not just civil liberty but also democratic equality still remains insufficiently explored. Such phenomena are usually explained as a function of public panic or fear-mongering in times of crisis, but I (...) show that the tension between security and equality is in fact much deeper and more general. It follows a different logic than the more familiar tension between security and liberty, and it concerns not just the rule of law in protecting liberty but also the role of law in integrating new or previously subjected groups into a democratic community. As liberal-democratic societies become increasingly diverse and multicultural in the present era of mass immigration and global interconnectedness, this tension between security and equality is likely to become more pronounced. (shrink)

The past three decades have seen a decline in traditional industries in the United Kingdom and there has been a relative decline in the value of physical assets to the UK economy. At the same time, the value of intangible assets seen in intellectual property rights have increased considerably. As such, IP rights represent important assets for companies and often comprise the foundation for market dominance and continued profitability. There is a structural uncertainty in the law relating to the use (...) of IP as collateral for the purpose of raising debt finance and this may impact upon the survival of firms with high ratios of intangible to tangible assets. This article considers the proper goals for an effective credit and security regime in IP. It examines the significance of the availability of collateral to the lending decision and also considers whether the reluctance to maximise the use of IP as security reflects inherent difficulties which arise out of the nature of IP as economic assets. This has implications for the reform of English personal property security law and the development of bright line priority rules associated with Article 9 of the US Uniform Commercial Code which is often cited as a model for reform of English law. (shrink)

There is an increase in the use of in-door wireless networking solutions via Wi-Fi and this increase infiltrated and utilized Wi-Fi enable devices, as well as smart mobiles, games consoles, security systems, tablet PCs and smart TVs. Thus the demand on Wi-Fi connections increased rapidly. Rule Based System is an essential method in helping using the human expertise in many challenging fields. In this paper, a Rule Based System was designed and developed for diagnosing the wireless connection problems (...) and attain a precise decision about the cause of the problem. SL5 Object expert system language was used in developing the rule based system. An Evaluation of the rule based system was carried out to test its accuracy and the results were promising. (shrink)

An intelligent climate and watering agriculture system is presented that is controlled with Android application for smart water consumption considering small and medium ruler agricultural fields. Data privacy and security as a big challenge in current Internet of Things (IoT) applications, as with the increase in number of connecting devices, these devices are now more vulnerable to security threats. An intelligent fuzzy logic and blockchain technology is implemented for timely analysis and securing the network. The proposed design consists of various (...) sensors that collect real-time data from environment and field such as temperature, soil moisture, light intensity, and humidity. The sensed field information is stored in IoT cloud platform, and after the analysis of entries, watering is scheduled by implementing the intelligent fuzzy logic and blockchain. The intelligent fuzzy logic based on different set of rules for making smart decisions to meet the watering requirements of plant and blockchain technology provides necessary security to the IoT-enabled system. The implementation of blockchain technology allows access only to the trusted devices and manages the network. From the experimentation, it is observed that the proposed system is highly scalable and secure. Multiple users at the same time can monitor and interact with the system remotely by using the proposed intelligent agricultural system. The decisions are taken by applying intelligent fuzzy logic based on input variables, and an alert is transmitted about watering requirements of a field to the user. The proposed system is capable of notifying users for turning water motor on and off. The experimental outcomes of the proposed system also reveal that it is an efficient and highly secure application, which is capable of handling the process of watering the plants. (shrink)

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance (...) the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern. For other co-operation-partners and for more information see www.sellier.de. (shrink)

The privacy and security rules of the Health Insurance Portability and Accountability Act of 1996 emphasize taking steps for protecting protected health information from unauthorized access and modification. Nonetheless, even organizations highly skilled in data security that comply with regulations and all good practices will suffer and must respond to breaches. This paper reports on a case study in responding to an important breach of the confidentiality and integrity of identifiable patient information of the Kaiser Internet Patient Portal known as. (...) From the perspective of theories about highly reliable organizations, effective health information security programs must respond resiliently to as well as prospectively anticipate security breaches. (shrink)

Abstract:The kind of commitment to moral rules that characterizes effective interaction between persons in among others places, manufacturing and commercial settings is characteristically treated by economists and game theorists as a public good, the securing of which requires the expenditure of scarce resources on surveillance and enforcement mechanisms. Alternatively put, the view is that, characteristically, rational persons cannot voluntarily guide their choices by rules, but can only be goaded into acting in accordance with such rules by the fear of social (...) and formal sanctions. On this way of thinking, rational individuals are condemned to having to settle for the “second-best” results that are thereby implied. This conclusion rests not only on an appeal to a consequentialist perspective, but also a separability principle. Against this, it is argued that consequentialism itself offers a basis for the rejection of the separability principle, and a defense of the thesis that, for a wide range of realistic cases, being disposed to voluntarily guide one’s choice by rules (on the condition that others can be expected to do so as well) is a necessary condition of engaging in rational interaction.Most people do not trust most other people, unmonitored, to honor obligations completely. Because of this they use substantial amounts of resources to specify the details of agreements, and to police them. Use of these resources … could be greatly reduced, if transacting parties would agree to honor the spirit of their agreement and simply shake hands. The resource saving to the two parties combined, from substituting this mode of “enforcing” agreements to those currently used, is clear. Why, then, does not this more efficient mode of transacting drive out the more costly methods through the normal competitive process? … The underlying rationale for this … is that it is privately profitable to engage in some degree of “cheating” on agreements, and to use resources to disguise this fact. — M. W. Reder, “The Place of Ethics in the Theory of Production”. (shrink)

The US Securities and Exchange Commission recently proposed rules relating to shareholder (independent) director nominations to publicly-traded companies. While shareholder groups, such as institutional investors, consumer groups, and shareholder activists, generally support the proxy reform, the business community, including The Business Roundtable and the US Chamber of Commerce, are critical of the proposal, arguing that it will 'open the door' to special interest directors, e.g., labour unions or other groups having a social or political agenda contrary to the economic interests (...) of the shareholder owners of the corporation. An analysis of the proposed rules, however, show that the mechanisms offered to nominate and elect independent directors offer little or no threat of any shareholder group placing special interest directors on the board of a publicly-traded company in the USA. The article concludes with a recommended managerial course of action for executives and boards to follow in the unlikely event that shareholders are seriously threatening to place a special interest director(s) on the proxy ballot. (shrink)

This article is the result of an international research between law and ethics scholars from Universities in France and Switzerland, who have been closely collaborating with technical experts on the design and use of information and communication technologies in the fields of human health and security. The interdisciplinary approach is a unique feature and guarantees important new insights in the social, ethical and legal implications of these technologies for the individual and society as a whole. Its aim is to shed (...) light on the tension between secrecy and transparency in the digital era. A special focus is put from the perspectives of psychology, medical ethics and European law on the contradiction between individuals’ motivations for consented processing of personal data and their fears about unknown disclosure, transferal and sharing of personal data via information and communication technologies (named the “privacy paradox”). Potential benefits and harms for the individual and society resulting from the use of computers, mobile phones, the Internet and social media are being discussed. Furthermore, the authors point out the ethical and legal limitations inherent to the processing of personal data in a democratic society governed by the rule of law. Finally, they seek to demonstrate that the impact of information and communication technology use on the individuals’ well-being, the latter being closely correlated with a high level of fundamental rights protection in Europe, is a promising feature of the socalled “e-democracy” as a new way to collectively attribute meaning to large-scale online actions, motivations and ideas. (shrink)

Connected devices, such as smartphones and tablets, are exposed to a large variety of attacks. Their protection is often challenged by their resource constraints in terms of CPU, memory and energy. Security chains, composed of security functions such as firewalls, intrusion detection systems and data leakage prevention mechanisms, offer new perspectives to protect these devices using software-defined networking and network function virtualization. However, the complexity and dynamics of these chains require new automation techniques to orchestrate them. This chapter describes an (...) automated orchestration methodology for security chains in order to secure connected devices and their applications. This methodology exploits process learning to establish behavioral models and infer security constraints represented as logical predicates. It then generates and merges a set of chains of security functions on the basis of these predicates. These chains are finally compiled into low-level configuration rules and deployed into the network, optimizing for the underlying topology. The benefits and limits of such a methodology combining machine learning and verification techniques are evaluated by a set of experimental results. (shrink)

This forum contribution addresses two major themes in de Goede’s original essay on ‘Financial security’: (1) the relationship between stable markets and the proverbial ‘security dilemma’; and (2) the development of new decision-technologies to address risk in the post-World War II period. Its argument is that the confluence of these two themes through rational choice theory represents a fundamental re-evaluation of the security dilemma and its relationship to the rule of law governing market relations, ushering in an era of (...) perpetual physical and financial insecurity. (shrink)

In this paper I analyse how procreative freedom poses a challenge for rule-consequentialism. First, I reconstruct the rule-consequentialist case for procreative freedom. Second, I argue that population scenarios resulting from very low fertility pose a problem for rule-consequentialism since such scenarios cannot secure population growth or even avoid human extinction in the long run. Third, I argue that population scenarios resulting from excessive procreation also pose a problem for rule-consequentialism since they are incompatible with the (...) promotion of optimific consequences in various ways. Were the rule-consequentialist to avoid these types of scenarios, the challenge would consist in doing so while retaining the liberal approach to individual rights and freedoms that made rule-consequentialism an advantageous competitor against moral theories like act-consequentialism. These population scenarios raise more general questions about how rule-consequentialism ought to conceptualise the application of universal rules in the long-term, intergenerational context. This is an important place for inquiry given that rule-consequentialism is originally conceived as a forward-looking theory. (shrink)

This paper compares and contrasts relational quantum mechanics with a pragmatist view of quantum theory. I first explain important points of agreement. Then I point to two problems faced by RQM and sketch DP?s solutions to analogous problems. Since both RQM and DP have taken the Born rule to require relative facts I next say what these might be. My main objection to RQM as originally conceived is that its ontology of relative facts is incompatible with scientific objectivity and (...) undercuts the evidential base of quantum theory. In contrast DP?s relative facts have all the objectivity we need to accept quantum theory as scientific knowledge. But a very recent modification to RQM has successfully addressed my main objection,bringing the two views into even closer alignment. (shrink)

Recently, some scholars have sought to cast Marx and other socialists as participants in the republican tradition, expanding ideas such as non-domination and self-rule beyond what they had been typically conceived of as by many of the instigators of the revival of republican thought in recent decades. The ramifications of such an expansion, however, have not yet been fully grappled with in the area of rights. This article aims to remedy this by building a theory of social republican rights (...) by drawing on both prongs of this framework. I argue that (1) rights ought to function primarily as instruments to overcome domination and that Marxist and socialist analysis identifies novel forms of domination missed by other republicans, (2) certain liberal rights are themselves vectors of domination, (3) rights are realised through active will formation in politics and the public sphere rather than being pre-political claims against these things, (4) rights should be based on a social ontology that is relational rather than individualist and (5) rights are powers that are struggled for and operate as zones of contestation rather than trans-historical principles. (shrink)

In the voting-power literature the rules of decision of the US Congress and the UN Security Council are widely misreported as though abstention amounts to a `no' vote. The hypothesis (proposed elsewhere) that this is due to a specific cause, theory-laden observation, is tested here by examining accounts of these rules in introductory textbooks on American Government and International Relations, where that putative cause does not apply. Our examination does not lead to a conclusive outcome regarding the hypothesis, but reveals (...) that the rules in question are also widely misreported in these textbooks. A second hypothesis---that the widespread misreporting is explicable by the relative rarity and unimportance of abstention in the two bodies concerned---is also tested and found to be untenable. (shrink)

Securitization of infectious diseases may involve suspension of ordinary human rights and liberties. In the event of an epidemic, therefore, it is important to limit the occasions upon which draconian disease control measures are implemented in the name of security. The term ‘security’, moreover, should not be used too loosely if it is to retain force and meaning in political discourse. It may be argued that the bar for disease securitization should be set high so that it is limited to (...) contexts involving rapidly spreading pathogens. Such an approach, however, would rule out securitization of more slowly spreading, endemic diseases such as HIV/AIDS. An advantage of characterizing HIV/AIDS as a security threat in developing countries, where the burden of the disease is concentrated, is that this is likely to mobilize resources needed to improve the situation there. That is, if HIV/AIDS is convincingly framed as a security threat, then governments may recognize self‐interested reasons to ramp up control measures. Following consideration of arguments for narrow (excluding HIV/AIDS) versus broad (including HIV/AIDS) conceptions of security, we conclude that the legitimacy of ‘securitizing’ HIV/AIDS ultimately turns on empirical and semantic issues, and we emphasize the importance of distinguishing (1) the nature of the threat posed by HIV/AIDS and (2) the measures required to address that threat. (shrink)

How can liberty be implemented through state institutions? And what kind of liberty are we thinking about in the contemporary world, since this concept is generally acknowledged as ambiguous? In order to understand the modern state as a rule of liberty, one must investigate the essence of liberty itself. It is widely known that liberty can be viewed in many ways, but what kind of liberty can govern the contemporary political order? Among the philosophers who have examined authority from (...) the point of view of liberty is Benjamin Constant, who has distinguished liberty understood as personal security from liberty recognized as participation in political life, and who has likewise stressed that these two understandings of liberty are complementary. Another widely known vision of freedom is the division of liberty into negative and positive; the latter, in Berlin’s original understanding of the term, remains unclear. Such doubts however do not apply to the negative concept of liberty, as Berlin called it, or its equivalent in Constant’s understanding of liberty understood as personal security. Both authors concur that this understanding of liberty is fundamental, and should above all find its expression in contemporary state institutions. In order to reveal the logic of liberty thus understood, we must turn to its very roots; that is, to Thomas Hobbes’s concept of liberty. For it is Hobbes who first precisely defined that understanding of liberty, and who first consciously engaged in designing a state based from start to finish on the liberty of the individual. (shrink)

This article motions to a real contradiction between online security and civil rights. It traverses semantic and conceptual elaborations of both security and human rights, narrowing their range to national security and human rather than civil rights, and suggests that the concept of security itself, whether online or not, is a rhetorical instrument in the hands of interested parties, mostly states and militaries. This instrument is used to undermine human rights precisely by means of its association and even identification with (...) military and national settings. Asking whether the same ethics applies in the case of online security (vs. human rights), our tentative conclusion is that a similar moral determination rules in the case of online security, which may be exponentially more complex, but no less ethically compelling. (shrink)

The article reviews several books on the rule of law, including "International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation," by Victor A. Peskin, "Civil War and the Rule of Law: Security, Development, Human Rights," edited by Agnes Hurwitz and Reyko Huang, and "Plunder: When the Rule of Law Is Illegal," by Ugo Mattei and Laura Nader.

Taming the power of Wall Street was a principal campaign theme for Franklin Delano Roosevelt in the 1932 election. Roosevelt's election bore fruit in the Securities Act of 1933, which regulated the public offering of securities, the Securities Exchange Act of 1934, which regulated stock markets and the securities traded in those markets, and the Public Utility Holding Company Act of 1935 (PUHCA), which legislated a wholesale reorganization of the utility industry. The reform effort was spearheaded by the newly created (...) Securities and Exchange Commission, part of the new wave of experts brought to Washington to rein in business. PUHCA also marked the federal government's first significant incursion into corporate governance, with a corresponding reduction in the traditional role of investment bankers. The SEC's ascendance over the investment bankers was reinforced during FDR's second term by the Chandler Act of 1938, which provided the agency with a broad role in the bankruptcy reorganization of troubled companies.Enacting those statutes was only the beginning, as the scope and effectiveness of the SEC's regulatory efforts depended critically on navigating these new statutes past an initially hostile Supreme Court. After substantial delay in the lower courts, the securities statutes eventually got a friendly hearing in the Supreme Court, where a number of Justices came to the Court after serving as the "Founding Fathers" of the federal securities laws. Roosevelt's Supreme Court nominees were involved in drafting the new legislation, securing its passage in Congress and implementing a litigation strategy that successfully stalled final determination of the constitutionality of the securities laws until New Deal appointed justices were in place. Felix Frankfurter played an important role in shaping the Securities Act and PUHCA, and was a key advisor on litigation strategy to the Roosevelt administration. Hugo Black led the legislative battle to enact PUHCA against the utility companies. Stanley Reed and Robert Jackson were key courtroom advocates arguing PUHCA's constitutionality. William O. Douglas headed the study of Protective Committees that led to the Chandler Act and was Chairman of the SEC. In this article, we explore the role of the New Deal justices in enacting the securities laws, litigating the challenges brought against them and then interpreting these laws in securities cases before the Supreme Court. We show the important role that these New Deal justices played in ensuring a broad scope for the federal securities laws through generous interpretation. Once constitutional questions had faded, securities cases proved to be a critical testing ground for newly emerging theories of administrative law. We demonstrate the split over the importance of judicial review versus deference to the rule of experts that emerged among these Roosevelt appointees. Finally, we explore the relative lack of influence of Douglas and Frankfurter in these cases, despite their familiarity and experience with the securities laws. (shrink)

This paper builds on a previous discussion of Stephen Mumford’s rejection of what he takes to be David Best’s argument for a distinction between purposive and aesthetic sports. That discussion concluded that Mumford’s argument misses its target, but closed by introducing a possible alternative argument, not made by Mumford, that might be thought to have the potential to secure Mumford’s conclusion. This paper considers that alternative argument, namely, the thought that the ascription of psychological predicates conceived of in terms (...) of defeasible criteria that constitute logically good evidence could preserve Best’s claim to be making a logical point while allowing a place for intention in relation to aims and purposes in sport. It is argued that the relationship between rules and intention is such that this alternative argument cannot secure Mumford’s conclusion. (shrink)

The best way to conceive semiotical spaces that are not identical to single buildings, such as a cityscape, is to define the place in terms of the activities occurring there. This conception originated in the proxemics of E. T. Hall and was later generalized in the spatial semiotics of Manar Hammad. It can be given a more secure grounding in terms of time geography, which is involved with trajectories in space and time. We add to this a qualitative dimension (...) which is properly semiotic, and which derives from the notion of border, itself a result of the primary semiotic operation of segmentation. Borders, in this sense, are more or less permeable to different kinds of activities, such as gaze, touch, and movement, where the latter are often not physically defined, but characterized in terms of norms. Norms must be understood along the lines of the Prague school, which delineates as scale going from laws in the legal sense to simple rules of thumb. Such considerations have permitted us to define a number of semio-spatial objects as, most notably, the boulevard, considered as an intermediate level of public space, located between the village square and the coffee house presiding over what Habermas called the public sphere. Urbanity originates as a scene on which the gaze, well before the word, mediates between the sexes, the classes, the cultures, and other avatars of otherness. However, this scenario is seriously upset but the emergence of the cell phone and other technical devices, as well as by the movement of populations. (shrink)

Although much has been written on the dead-donor rule in the last twenty-five years, scant attention has been paid to how it should be formulated, what its rationale is, and why it was accepted. The DDR can be formulated in terms of either a Don’t Kill rule or a Death Requirement, the former being historically rooted in absolutist ethics and the latter in a prudential policy aimed at securing trust in the transplant enterprise. I contend that the moral (...) core of the rule is the Don’t Kill rule, not the Death Requirement. This, I show, is how the DDR was understood by the transplanters of the 1960s, who sought to conform their practices to their ethics—unlike today’s critics of the DDR, who rethink their ethics in a question-begging fashion to accommodate their practices. A better discussion of the ethics of killing is needed to move the debate forward. (shrink)

Nir Eisikovits argues in A Theory of Truces that most contemporary conflicts wind down in a much more piecemeal fashion than our theorizing about the morality of ending wars suggests. Pauses in violence are achieved by securing agreement on narrow questions. Moreover, rather than hoping to do away with violence, theorizing would do best, he writes, to take as its starting point the fact of warfare as part of the human condition. Eisikovits aims to articulate the features of truce thinking, (...) a framework that is more descriptively accurate and normatively useful in navigating contemporary conflicts and promoting reconciliation. After summarizing his view, I argue that Eisikovits’ explanation of the contribution of truces to political reconciliation is too narrow; contrary to what he claims, truces can make an important contribution to the rule of law. I also challenge Eisikovits’ characterization of the first feature of truce thinking. I argue that while there is an important present focus on immediate benefits from temporary measures, the future looms much larger than Eisikovits recognizes. Truces matter not only for what they make possible now, but also for their ramifications for prospects for future peace. These ramifications go beyond creating conditions for hope or optimism. (shrink)

There are some problems in the implementation of rulings of the Constitutional Court. The legislator should make more efforts for implementing the concept of the provisions of the Constitution provided in the reasoning parts of rulings of the Constitutional Court. The Statute of the Seimas should be supplemented with provisions obligating structural sub-units of the Seimas to carry out permanent and systemic analysis of reasoning parts of rulings of the Constitutional Court. It would allow timely to prepare proposals how to (...) amend still unchallenged legal regulation which, however, from the constitutional standpoint is doubtful. One should consider whether the norm of Item 4 of Paragraph 1 of Article 64 of the Law on the Constitutional Court, which allows one to challenge the compliance of a legal act with the Constitution on the grounds of the procedure for adoption regardless of any terms expired after the adoption of a law or other legal act, should be amended. It is to be presumed that the principles of legal certainty and legal security entrenched in the Constitution, as well as other constitutional provisions, imply a certain reasonable period of time within which the subjects provided for in the Constitution may apply to the Constitutional Court with a petition requesting to investigate whether a law or other legal act is not in conflict with the Constitution according to the procedure of their adoption. This period of time should not be a long one, for example, half a year or a year since the official publishing of the law; this term should be a prescriptive one–after it has finished, it would not be allowed to challenge the compliance of a law or other legal act with the Constitution according to the procedure of their adoption. In order to speed up the consideration of cases at the Constitutional Court, one would have to change the procedure of consideration of cases in this Court in essence. (shrink)

As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by experts on German, English, Dutch, French, Belgian, (...) Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the way in which national courts deal with security interests created elsewhere. A comprehensive introductory chapter analyzes significant secured transactions issues, summarises the comparative data and compares them with Art. 9 of the Uniform Commercial Code and suggests guiding principles for a European harmonization measure or national reform efforts. The book will assist market participants and their counsel to better understand secured transactions law and relevant private international law rules of their own and other countries and assist those involved in national, EU and global law reform efforts. (shrink)

Receivables transactions play an important role in modern national economies. Cross-Border Security over Receivables, which studies the law of seven European nations, provides an in-depth examination of the key substantive law issues, as well as a detailed examination of the private international law issues, particularly, the third party effects of assignments. National reports use practical cases to explore the issues and to highlight differences and similarities. The book will assist market participants and their counsel to better understand the rules of (...) their own countries and those of other countries. It will be of great value to academics in the private, comparative, and private international law fields and will assist those involved in national, EU and global reform efforts. (shrink)

In recent years, network security has become a major concern. Using the Internet to store and analyze data has become an integral aspect of the production and operation of many new and traditional enterprises. However, many enterprises lack the necessary resources to secure information security, and selecting the best network security service provider has become a real issue for many enterprises. This research introduces a novel decision-making method utilizing the 2-tuple linguistic complex q-rung orthopair fuzzy numbers to tackle this (...) issue. We propose the 2TLCq-ROF concept by combining the complex q-rung orthopair fuzzy set with 2-tuple linguistic terms, including the fundamental definition, operational rules, scoring, and accuracy functions. Aggregation operators are the fundamental mathematical approach used to combine various inputs into a single output. Taking into account the interaction between the attributes, we develop the 2TLCq-ROF Hamacher operators by using the innovative operational rules. These operators include the 2TLCq-ROFH weighted average, 2TLCq-ROFH ordered weighted average, 2TLCq-ROFH hybrid average, 2TLCq-ROFH weighted geometric, 2TLCq-ROFH ordered weighted geometric, and 2TLCq-ROFH hybrid geometric operators. In addition, we talk about the properties of 2TLCq-ROFH operators such as idempotency, commutativity, monotonicity, and boundedness and also examine their spatial cases. To tackle the problems of the 2TLCq-ROF multiattribute group decision-making environment, we develop a novel approach according to the COPRAS model. Finally, to validate the feasibility of the given strategy, we employ a quantitative example related to select the best network security service provider. In comparison with existing approaches, the developed decision-making algorithm is most extensively used and reduces the loss of information. (shrink)

Security has become one of the important factors for any network communication and transmission of data packets. An organization with an optimal security system can lead to a successful business and can earn huge profit on the business they are doing. Different network devices are linked to route, compute, monitor, and communicate various real-time developments. The hackers are trying to attack the network and want to draw the organization’s significant information for its own profits. During the communication, if an intrusion (...) or eavesdropping occurs, it will lead to a severe disfigurement of the whole communication network, and the data will be controlled by wrong malicious users. Identification of attack is a way to identify the security violations and analyze the measures in a computer network. An identification system, which is effective and accurate, can add security to the existing system for secure and smooth communication among end to end nodes and can work efficiently in the identification of attack on data packets. The role of information security is to design and protect the entire data of networks and maintain its confidentiality, integrity, and availability for their right users. Therefore, there is a need for end to end security management, which will ensure the security and privacy of the network and will save the data inside networks from malicious users. As the network devices are growing, so the level of threats is also increasing for these devices. The proposed research is an endeavor toward the detection of data packets attack by using the rough set theory for a secure end to end communication. The experimental work was performed by the RSES tool. The accuracy of the K-NN was 88% for the total objects of 8459. For cross validation purposes, the decision rules and decomposition tree algorithms were used. The DR algorithm showed accuracy of 59.1%, while the DT showed accuracy of 61.5%. The experimental results of the proposed study show that the research is capable of detecting data packets attack. (shrink)

The Covid‐19 pandemic highlighted the need to examine public trust in the U.S. Food and Drug Administration (FDA) vaccine approval process and the role of political influence in the FDA's decisions. Ensuring that the FDA is itself trustworthy is important for justifying public trust in its actions, like vaccine approvals, thereby promoting public health. We propose five conditions of trustworthiness that the FDA should meet when it reviews vaccines, even during emergencies: consistency with rules, proper expert or political decision‐makers, proper (...) decision‐making and noninterference, connection to public preference, and transparency of both reasons and procedures. The five conditions provide a road map of procedural and substantive requirements, which the FDA has variably implemented, focused on ensuring appropriate influence of political interests. While being a trustworthy agency cannot guarantee the public's trust, implementing these conditions builds a groundwork for public trust. (shrink)

On January 25, 2013, the Federal Register published the Department of Health and Human Services omnibus amendments to the Health Insurance Portability and Accountability Act Privacy, Security, Enforcement, and Breach Notification Rules. These modifications also include the final versions of the HIPAA regulation amendments mandated by the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act. Although the amended rules were effective on March 26, 2013, covered entities and their business associates have a compliance (...) date of September 23, 2013.It has been 10 years since the April 14, 2003 compliance date for the original HIPAA Privacy Rule. Despite HHS’ clarification of some issues by posting answers to frequently asked questions, there have been no significant amendments to the Privacy Rule since 2003. (shrink)