Results for 'efficient breach'

995 found
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  1.  22
    The Strategic Foul and Contract Law: Efficient Breach in Sports?Miroslav Imbrisevic - 2018 - Fair Play 12:69-99.
    The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to break the rules deliberately, in order to gain an advantage, is morally wrong, spoils the game, or is a form of cheating. Rather than entering the moral (...)
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  2.  8
    Opportunistic Breach of Contract.Francesco Parisi, Ariel Porat & Brian H. Bix - 2024 - Canadian Journal of Law and Jurisprudence 37 (1):199-230.
    Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, (...)
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  3. Breaching confidentiality: medical mandatory reporting laws in Iran.Alireza Milanifar, Bagher Larijani, Parvaneh Paykarzadeh, Golanna Ashtari & Mohammad Mehdi Akhondi - 2015 - Journal of Medical Ethics and History of Medicine 7 (1).
    Medical ethics is a realm where four important subjects of philosophy, medicine, theology and law are covered. Physicians and philosophers cooperation in this area will have great efficiency in the respective ethical rules formation. In addition to respect the autonomy of the patient, physician's obligation is to ensure that the medical intervention has benefit for the patient and the harm is minimal. There is an obvious conflict between duty of confidentiality and duty of mandatory reporting. Professional confidentiality is one of (...)
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  4.  11
    Restitutionary Damages for Breach of Contract: An Exercise in Private Law Theory.Hanoch Dagan - 2000 - Theoretical Inquiries in Law 1 (1).
    This article focuses on cases of restitution within contract, investigating the normative desirability of enabling a promise to pursue the profits derived by the promisor through a breach of contract as an alternative pecuniary remedy of wide applicability. Situated at the frontier of both contractual and restitutionary liability, the question of whether restitutionary damages for breach of contract should be available has received a considerable amount of attention. This article makes a critical examination of the normative groundings that (...)
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  5.  1
    Los invito a mi entierro.Hugo Almada Breach - 1994 - [Mexico: [S.N.].
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  6.  3
    The british society of aesthetics.London Breach - 1978 - Indian Philosophical Quarterly 5 (4).
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  7. Agrifood systems for competent, ordinary people.Jane Adams & Efficiency Individualism - 1998 - Agriculture and Human Values 15:391-403.
     
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  8. Costs Law Expertise.Dgt Costs Lawyers Approachable Efficient Progressive - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
     
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  9.  38
    Impact of academic integrity on workplace ethical behaviour.Yolanda Heredia-Escorza, Luis Portales & Jean Gabriel Guerrero-Dib - 2020 - International Journal for Educational Integrity 16 (1).
    Corruption is a serious problem in Mexico and the available information regarding the levels of academic dishonesty in Mexico is not very encouraging. Academic integrity is essential in any teaching-learning process focussed on achieving the highest standards of excellence and learning. Promoting and experiencing academic integrity within the university context has a twofold purpose: to achieve the necessary learnings and skills to appropriately perform a specific profession and to develop an ethical perspective which leads to correct decision making. The objective (...)
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  10.  18
    On the application of compression-based metrics to identifying anomalous behaviour in web traffic.Gonzalo de la Torre-Abaitua, Luis F. Lago-Fernández & David Arroyo - 2020 - Logic Journal of the IGPL 28 (4):546-557.
    In cybersecurity, there is a call for adaptive, accurate and efficient procedures to identifying performance shortcomings and security breaches. The increasing complexity of both Internet services and traffic determines a scenario that in many cases impedes the proper deployment of intrusion detection and prevention systems. Although it is a common practice to monitor network and applications activity, there is not a general methodology to codify and interpret the recorded events. Moreover, this lack of methodology somehow erodes the possibility of (...)
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  11. Trustworthiness and Motivations.Natalie Gold - 2014 - In N. Morris D. Vines (ed.), Capital Failure: Rebuilding trust in financial services. Oxford University Press.
    Trust can be thought of as a three place relation: A trusts B to do X. Trustworthiness has two components: competence (does the trustee have the relevant skills, knowledge and abilities to do X?) and willingness (is the trustee intending or aiming to do X?). This chapter is about the willingness component, and the different motivations that a trustee may have for fulfilling trust. The standard assumption in economics is that agents are self-regarding, maximizing their own consumption of goods and (...)
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  12.  89
    Understanding non-modular functionality – lessons from genetic algorithms.Jaakko Kuorikoski & Samuli Pöyhönen - 2013 - Philosophy of Science 80 (5):637-649.
    Evolution is often characterized as a tinkerer that creates efficient but messy solutions to problems. We analyze the nature of the problems that arise when we try to explain and understand cognitive phenomena created by this haphazard design process. We present a theory of explanation and understanding and apply it to a case problem – solutions generated by genetic algorithms. By analyzing the nature of solutions that genetic algorithms present to computational problems, we show that the reason for why (...)
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  13.  14
    Cyber Security and Key Management Issues for Internet of Things: Techniques, Requirements, and Challenges.Mohammad Faisal, Ikram Ali, Muhammad Sajjad Khan, Junsu Kim & Su Min Kim - 2020 - Complexity 2020:1-9.
    Internet of Things-based environments pose various challenges due to their anytime/anywhere computing, and the efficient cryptographic based key management is one of the major challenges in Internet of Things. The key management life cycle consists of initialization, key generation, key registration, key backup, key update, key recovery, and key revocation. Our contribution in this paper is to summarize the state-of-the-art key management schemes and techniques in different scenarios, such as mobile ad hoc networks, wireless sensor networks, and the Internet (...)
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  14.  3
    Multi-agent reinforcement learning based algorithm detection of malware-infected nodes in IoT networks.Marcos Severt, Roberto Casado-Vara, Ángel Martín del Rey, Héctor Quintián & Jose Luis Calvo-Rolle - forthcoming - Logic Journal of the IGPL.
    The Internet of Things (IoT) is a fast-growing technology that connects everyday devices to the Internet, enabling wireless, low-consumption and low-cost communication and data exchange. IoT has revolutionized the way devices interact with each other and the internet. The more devices become connected, the greater the risk of security breaches. There is currently a need for new approaches to algorithms that can detect malware regardless of the size of the network and that can adapt to dynamic changes in the network. (...)
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  15.  7
    Etyka w bankowości – dylematy pracownika bankowego.Czesław Lipiński - 2008 - Annales. Ethics in Economic Life 11 (2):87-95.
    Credibility and reliability of counter-partners are the most important features required for the efficient functioning of financial markets. Violating these requirements is an important aspect of the operational risk, posed by the human factor – both internal (managers, employees) and external (customers, shareholders, competitors, supervisors). Therefore, having a limited impact on the behaviour of outside persons, the financial institutions formulate high standards towards their own personnel. It concerns formal qualifications and professional experience, as well as specific personality traits and (...)
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  16.  49
    SmartPrivacy for the Smart Grid: embedding privacy into the design of electricity conservation. [REVIEW]Ann Cavoukian, Jules Polonetsky & Christopher Wolf - 2010 - Identity in the Information Society 3 (2):275-294.
    The 2003 blackout in the northern and eastern U.S. and Canada which caused a $6 billion loss in economic revenue is one of many indicators that the current electrical grid is outdated. Not only must the grid become more reliable, it must also become more efficient, reduce its impact on the environment, incorporate alternative energy sources, allow for more consumer choices, and ensure cyber security. In effect, it must become smart. Significant investments in the billions of dollars are being (...)
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  17. Equality, Efficiency, and Sufficiency: Responding to Multiple Parameters of Distributive Justice During Charitable Distribution.Colin J. Palmer, Bryan Paton, Linda Barclay & Jakob Hohwy - 2013 - Review of Philosophy and Psychology 4 (4):659-674.
    Distributive justice decision making tends to require a trade off between different valued outcomes. The present study tracked computer mouse cursor movements in a forced-choice paradigm to examine for tension between different parameters of distributive justice during the decision-making process. Participants chose between set meal distributions, to third parties, that maximised either equality (the evenness of the distribution) or efficiency (the total number of meals distributed). Across different formulations of these dilemmas, responding was consistent with the notion that individuals tend (...)
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  18.  29
    Economic efficiency in law and economics.Richard O. Zerbe - 2001 - Northampton, MA: Edward Elgar.
    . History of the concept of economic efficiency . INTRODUCTION James Buchanan won the Nobel Prize by proving that the process by which elected officials ...
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  19. Efficient communication and indexicality.Toru Suzuki - 2020 - Mathematical Social Sciences 108 (November).
    Since sending explicit messages can be costly, people often utilize “what is not said,” i.e., informative silence, to economize communication. This paper studies the efficient communication rule, which is fully informative while minimizing the use of explicit messages, in cooperative environments. It is shown that when the notion of context is defined as the finest mutually self-evident event that contains the current state, the efficient use of informative silence exhibits the defining property of indexicals in natural languages. While (...)
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  20.  51
    Breaching confidentiality to protect the public: Evolving standards of medical confidentiality for military detainees.Matthew K. Wynia* - 2007 - American Journal of Bioethics 7 (8):1 – 5.
    Confidentiality is a core value in medicine and public health yet, like other core values, it is not absolute. Medical ethics has typically allowed for breaches of confidentiality when there is a credible threat of significant harm to an identifiable third party. Medical ethics has been less explicit in spelling out criteria for allowing breaches of confidentiality to protect populations, instead tending to defer these decisions to the law. But recently, issues in military detention settings have raised the profile of (...)
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  21.  16
    Confidentiality breaches in clinical practice: what happens in hospitals?Cristina M. Beltran-Aroca, Eloy Girela-Lopez, Eliseo Collazo-Chao, Manuel Montero-Pérez-Barquero & Maria C. Muñoz-Villanueva - 2016 - BMC Medical Ethics 17 (1):52.
    BackgroundRespect for confidentiality is important to safeguard the well-being of patients and ensure the confidence of society in the doctor-patient relationship. The aim of our study is to examine real situations in which there has been a breach of confidentiality, by means of direct observation in clinical practice.MethodsBy means of direct observation, our study examines real situations in which there has been a breach of confidentiality in a tertiary hospital. To observe and collect data on these situations, we (...)
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  22.  57
    Breaches of health information: are electronic records different from paper records?Robert M. Sade - 2010 - Journal of Clinical Ethics 21 (1):39-41.
    Breaches of electronic medical records constitute a type of healthcare error, but should be considered separately from other types of errors because the national focus on the security of electronic data justifies special treatment of medical information breaches. Guidelines for protecting electronic medical records should be applied equally to paper medical records.
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  23. From First Efficient Cause to God: Scotus on the Identification Stage of the Cosmological Argument.Timothy O'Connor - 1996 - In Ludger Honnefelder, Rega Wood & Mechthild Dreyer (eds.), John Duns Scotus: metaphysics and ethics. New York: E.J. Brill.
    In this paper, I examine some main threads of the identification stage of Scotus's project in the fourth chapter of De Primo, where he tries to show that a first efficient cause must have the attributes of simplicity, intellect, will, and infinity. Many philosophers are favorably disposed towards one or another argument such as Scotus's (e.g., the cosmological argument from contingency) purporting to show that there is an absolutely first efficient cause. How far can Scotus take us from (...)
     
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  24. Performance Efficiency of University Education from Students Perspective.Samia A. M. Abdalmenem, Rasha O. Owda, Amal A. Al Hila, Samy S. Abu-Naser & Mazen J. Al Shobaki - 2018 - International Journal of Engineering and Information Systems (IJEAIS) 2 (11):10-24.
    The study aims to identify the efficiency of the university education performance from the perspective of postgraduate and undergraduate students in international and Palestinian universities. The analytical descriptive approach was used for this purpose and the questionnaire was used as a main tool for data collection. The study community consists of: post graduate students, (23850) graduate students and (146355) undergraduate students. The sample of the study was 378 graduate students and 383 undergraduate students. The random stratified sample was used. The (...)
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  25.  15
    Firms, Breach of Norms, and Reputation Damage.Jean-Philippe Bonardi & Dominik Breitinger - 2019 - Business and Society 58 (6):1143-1176.
    A large body of literature looks at how firms develop and maintain their reputation. Little is known, however, about factors leading to a damaged corporate reputation. In this article, the authors compare two sets of predictors of reputational damage following a reported breach of norms: the characteristics of the breach and the characteristics of the actor reporting the breach. Theoretically, the authors argue that the latter is likely to prevail over the former. The authors test this proposition (...)
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  26. Energy Efficiency Prediction using Artificial Neural Network.Ahmed J. Khalil, Alaa M. Barhoom, Bassem S. Abu-Nasser, Musleh M. Musleh & Samy S. Abu-Naser - 2019 - International Journal of Academic Pedagogical Research (IJAPR) 3 (9):1-7.
    Buildings energy consumption is growing gradually and put away around 40% of total energy use. Predicting heating and cooling loads of a building in the initial phase of the design to find out optimal solutions amongst different designs is very important, as ell as in the operating phase after the building has been finished for efficient energy. In this study, an artificial neural network model was designed and developed for predicting heating and cooling loads of a building based on (...)
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  27.  73
    Breaching the Dialectic with Situated Knowledges: The Case of Postsocialist Naturecultures.Anne Sauka - 2023 - Polish Journal of Aesthetics 68 (1):35-56.
    The article analyzes the significance of situated knowledges for going beyond dominating conceptual dichotomies that a) establish status quo dialectics, b) proliferate homogenization of the Global Northern experienced materialities, and c) conceal and suppress alternate affectual body-environment experiences and materializations. With the example of postsocialist ontogenealogies, the article analyzes the potential blind spots when failing to consider both sides of a status quo dialectic in their interconnectedness. To conclude, the article suggests the potential of situated knowledges as a vehicle for (...)
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  28.  13
    Data Breach Notification Laws—Momentum Across the Asia-Pacific Region.Megan Prictor - 2023 - Journal of Bioethical Inquiry 20 (4):567-570.
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  29.  18
    Breaches in good regulatory practice – the HFEA policy on compensated egg sharing for stem cell research.S. Devaney - 2008 - Clinical Ethics 3 (1):20-24.
    The Human Fertilization and Embryology Authority policy on permitting ova provision for research purposes breaches good regulatory practice in being inconsistent, unaccountable and untargeted. This article will illustrate how these breaches have resulted in a policy which is unfair to ova providers who wish to contribute to stem cell research and undermines the intentions behind the policy's very inception. (This article is based on a paper entitled Appropriate Recompense for Oocytes in Stem Cell Research presented at the Stem Cells: Hope (...)
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  30.  18
    Beyond Breaches and Battles: Clarifying Important Misconceptions about Emotion.Joseph J. Campos, Audun Dahl & Minxuan He - 2010 - Emotion Review 2 (2):100-104.
    While we share many of the views on emotion research put forth in Kagan’s article “Once More into the Breach,” our commentary focuses on two points of disagreement. First, we argue for the importance of a priori principles. In particular, emotions cannot be understood without reference to final and formal cause, and the related principles of equifinality and equipotentiality. Secondly, although we agree the term “basic emotions” is misleading, we maintain that the emotions traditionally called “basic” should still be (...)
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  31.  6
    The “Feminine”. A Breach in the Absolute Levinasian Anti-idealism.Giorgia Vasari - 2021 - In Stefania Achella, Francesca Iannelli, Gabriella Baptist, Serena Feloj, Fiorinda Li Vigni & Claudia Melica (eds.), The Owl's Flight: Hegel's Legacy to Contemporary Philosophy. Boston: De Gruyter. pp. 611-622.
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  32.  11
    Quantum efficiency of light-induced defect creation in hydrogenated amorphous silicon and amorphous As2Se3.K. Shimakawa, Meherun-Nessa, H. Ishida & Ashtosh Ganjoo - 2004 - Philosophical Magazine 84 (1):81-89.
    The quantum efficiency (QE) of light-induced metastable defect creation in hydrogenated amorphous silicon (a-Si : H) and amorphous As2Se3 (a-As2Se3) by bandgap and subgap illumination has been deduced from photocurrent measurements. The QE decreases with increasing number of absorbed photons. A higher QE for a-As2Se3 than for a-Si : H has been observed and this is interpreted in terms of the higher structural flexibility of a-As2Se3. We have also found that, for both materials, subgap illumination yields a higher QE than (...)
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  33. Could Breach of Contract be Immoral?Seana Valentine Shiffrin - 2009 - Michigan Law Review 107 (8):1551-1568.
     
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  34.  33
    Inducing Breach of Contract, Conversion and Contract as Property.Pey-Woan Lee - 2009 - Oxford Journal of Legal Studies 29 (3):511-533.
    This article seeks to understand contractual rights through an examination of the possible ‘property’ content in contracts in the context of the inducement tort and conversion. It argues that, contrary to popular perception, contracts and property are different shades of a similar phenomenon. Not being a reified ‘thing’ with stable features and structure, property is a relative rather than an absolute concept. To determine whether the holder of an intangible resource ought to be conferred with ‘property’ or exclusive control of (...)
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  35. Ethics, Efficiency, and the Market.Allen E. Buchanan - 1985 - Totowa, N.J.: Rowman & Littlefield Publishers.
    This is a systematic evaluation of the main arguments for and against the market as an instrument of social organization, balancing efficiency and justice. It links the distinctive approaches of philosophy and economics to this evaluation.
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  36. Efficiency Versus Enjoyment: Looking After the Human Condition in the Transition to the Bio-Based Economy.Vincent Blok & Roeland Christiaan Veraart - 2021 - Journal of Agricultural and Environmental Ethics 34 (6):1-19.
    In this paper, we criticize the current focus of the bio-based economy (BBE) on efficiency and control and demonstrate the contradictions that this causes. We elucidate these tensions by comparing the BBE to alternative conceptions of economy that emphasise the relevance of both the human condition and unfathomable nature in the macro ecological transition project. From Emmanuel Levinas’s philosophy, we take and extrapolate two major concepts—il y a and enjoyment—that help to re-evaluate the status of both nature and the human (...)
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  37.  11
    Scorched Earth: Employers’ Breached Trust in Refugees’ Labor Market Integration.Katja Wehrle, Mari Kira, Ute-Christine Klehe & Guido Hertel - 2024 - Business and Society 63 (1):60-107.
    Employment is critical for refugees’ positive integration into a receiving country. Enabling employment requires cross-sector collaborations, that is, employers collaborating with different stakeholders such as refugees, local employees, other employers, unofficial/official supporters, and authorities. A vital element of cross-sector collaborations is trust, yet the complexity of cross-sector collaborations may challenge the formation and maintenance of trust. Following a theory elaboration approach, this qualitative study with 37 employers and 27 support workers in Germany explores how employers’ experiences in cross-sector collaborations on (...)
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  38.  5
    Breaches of integrity in teacher administration in Ghana.Joseph Tufuor Kwarteng - 2022 - International Journal for Educational Integrity 18 (1).
    The study examines one type of breaches of integrity, namely using one’s authority in public office for personal gain, in the administration of teachers in Ghana. It was executed using an embedded mixed methods design with a population of 667 teachers employed by the Ghana Education Service. A sample of 270 respondents was chosen by simple random sampling for the study. The questionnaire containing open-ended and closed-ended items was administered to the respondents. Data generated by the close-ended items were analysed (...)
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  39.  21
    Minimal breaches of confidentiality in health care research: a Canadian perspective.H. E. Emson - 1994 - Journal of Medical Ethics 20 (3):165-168.
    In a large proportion of health care research based on the retrospective review of records, minimal breach of patient confidentiality appears to be inevitable. This occurs at initial identification of and access to the chart, selected on the basis of the condition under investigation, and while individual identifiability can be blocked at subsequent stages, at this point it does occur. Prospective individual consent is impractical because often neither the desirability nor the specific subject of the research is known at (...)
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  40. Efficient Markets and Alienation.Barry Maguire - 2022 - Philosophers' Imprint 14.
    Efficient markets are alienating if they inhibit us from recognizably caring about one another in our productive activities. I argue that efficient market behaviour is both exclusionary and fetishistic. As exclusionary, the efficient marketeer cannot manifest care alongside their market behaviour. As fetishistic, the efficient marketeer cannot manifest care in their market behaviour. The conjunction entails that efficient market behavior inhibits care. It doesn’t follow that efficient market behavior is vicious: individuals might justifiably commit (...)
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  41. Into the Breach: Between the Movement-Image and the Time-Image.Angelo Restivo - 2000 - In Gregory Flaxman (ed.), The brain is the screen: Deleuze and the philosophy of cinema. Minneapolis: University of Minnesota Press. pp. 171--93.
     
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  42.  5
    Breach Notification and the Law.Sharona Hoffman - 2010 - Journal of Clinical Ethics 21 (1):42-43.
    The American Medical Association Council on Ethical and Judicial Affairs (CEJA) has written a position paper on physicians’ ethical responsibilities in the event that the security of patients’ electronic health information has been breached. The report offers compelling ethical and practical justifications for notification requirements and articulates guidelines for clinicians. This commentary addresses a gap in the report. It outlines the new legal duty to disclose security breaches, established by the 2009 HITECH Act, which is only briefly mentioned in the (...)
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  43.  27
    Paternalistic breaches of confidentiality in prison: mental health professionals’ attitudes and justifications.Bernice Simone Elger, Violet Handtke & Tenzin Wangmo - 2015 - Journal of Medical Ethics 41 (6):496-500.
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  44.  59
    When efficient market hypothesis meets Hayek on information: beyond a methodological reading.Nathanaël Colin-Jaeger & Thomas Delcey - 2019 - Journal of Economic Methodology 27 (2):97-116.
    Hayek and the Efficient Market Hypothesis are often seen as proposing a similar theory of prices. Hayek is seen as proposing to understand prices as information conveyer, incorporating inform...
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  45.  7
    Breaching the Boundaries of Being: Metamorphoses in the Mesopotamian Literary Texts.Karen Sonik - 2012 - Journal of the American Oriental Society 132 (3):385.
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  46. The Breach, Again.M. E. Williams - 1969 - Ratio (Misc.) 11 (1):79.
     
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  47.  4
    Parameter Breach: Ch'telet and the Ground of the Diagram.Ben Woodard - unknown
    The following investigates the work of the still too neglected thinker Gilles Châtelet with a particular emphasis on how his understanding of intuition functions across philosophy, science, and mathematics. The question is whether intuition (as Châtelet understands in a generally Schellingian formulation) trivializes the processes of scientific and mathematical thought subjecting them to an experimental errancy of chance. While it is common to dismiss Schelling’s notion of intellectual intuition as god-like knowledge following Kant, even a cursory examination of how Schelling (...)
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  48.  13
    The Breach.Stephen Mendelsohn - 2015 - Research in Phenomenology 45 (2):310-318.
  49. Efficiency, Equity, and Price Gouging: A Response to Zwolinski.Jeremy Snyder - 2009 - Business Ethics Quarterly 19 (2):303-306.
    ABSTRACT:In this response, I reiterate my argument that price gouging undercuts the goal of equity in access to essential goods whereas Zwolinski emphasizes the importance of the efficient provision of essential goods above all other goals. I agree that the efficient provision of essential goods is important as I argue for the goal of equitable access to sufficient of the goods essential to living a minimally flourishing human life. However, efficiency is a means to this goal rather than (...)
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  50. Breach of contract and damages for mental distress.Enonchong Nelson - 1996 - Oxford Journal of Legal Studies 16 (4).
     
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