Digital Commons Network^™

Optimization Of Data Processing Based On Accounting For Factors Of External Expenses, Regulation And Correction Of Variables ., I.I Jumanov, S.M Xolmonov

Chemical Technology, Control and Management

Methods and simplified computational schemes for optimizing data processing for systems operating in conditions of limited a priori information, changes in the characteristics of external influences, uncertainty of parameters have been developed. To describe a non-stationary object, non-linear identification models are considered, constraints, input conditions for obtaining possible values of output variables are defined. An approach aimed at using identification technologies based on generalization of capabilities of dynamic models, neural networks (NN), mechanisms for regulating variable computing schemes of structural network components, as well as learning algorithms of the NN is proposed. A generalized algorithm for learning NN based on …

The Promised Land Is On The Horizon: The Fix Crowdfunding Act Will Implement Small Changes That Could Make A Big Impact On Investors And Businesses Alike, Michaela Smith

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Implementing A Portable Reciprocity Passport To Crowdfund Real Estate Across Borders, Raymond Tran

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

The Observer Effect And U.S. Accounting Rules, Thomas A. King

Engaged Management ReView

This inductive study evaluates how accounting rules promulgated by U.S. standard setters evolved over a century. Archival data viewed through the lens of the observer effect -- where the act of observation influences the subject -- reveals long-term patterns of behavior. Interaction of rule makers and followers suggests three generalizations: rule sets grow, codification accelerates rule set growth, and interaction between regulators and those who are regulated confounds predictions about possible consequences of new rules. In other words, this system has never reached equilibrium despite one hundred years of effort to constrain behavior. As unchecked rule growth risks costly compliance …

Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris

All Faculty Publications

Owning land within condominium, or strata property as it is known in British Columbia, includes holding an individual strata lot, a share of the common property, and the right to participate in governing the uses of the private and common property. Owners participate in governing through membership and voting rights in a strata corporation which has the responsibility to maintain the common property and the authority to establish bylaws that restrict the use of the common and private property. The corollary of membership and a voice in the affairs of the strata corporation is a duty to accept its governing …

The New Wal-Mart Effect: The Role Of Private Contracting In Global Governance, Michael P. Vandenbergh

Michael Vandenbergh

No abstract provided.

From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh

Michael Vandenbergh

A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the premise that regulatory measures should be directed almost exclusively at large industrial polluters. This Article asserts that for many pollutants the premise is no longer supportable, and that much of the focus of regulation in the future should turn to individuals and households. Examining a wide range of empirical data, the Article presents the first profile of individual behavior as a source of pollution. The profile demonstrates that …

Interest Groups And Supreme Court Commerce Clause Regulation, 1920-1937, Barrett L. Anderson

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Did interest groups influence the Supreme Court’s interpretation of federal economic regulatory authority under the Commerce Clause leading up to the Supreme Court’s 1937 reversal? Recent scholarship has begun a renewed study of this tumultuous era seeking alternative explanations for the Court’s behavior beyond the conventional explanations concerning Roosevelt’s court packing plan. I build on this literature by extending the discussion to the influence that interest groups may have had on the Court. I propose that interest groups served as a supporting and influential audience for the Supreme Court as the justices’ institutional legitimacy became threatened by both the political …

Comment On 'Error And Regulatory Risk In Financial Institution Regulation', Keith N. Hylton

Faculty Scholarship

I agree with just about everything Jonathan Macey (2017) says in his symposium contribution. His claim that bureaucratic tendencies toward regularity—specifically, treating like cases alike—generate errors in categorization seems appropriate to me. His explanations of the pathologies in financial regulation should fall in the category of essential or required reading for anyone who chooses to write on the topic. Where I differ from Macey is in the choice of framework, or perspective from which to view the pathologies. Whereas Macey adopts an “error cost” framework, which is clearly appropriate for this symposium, I would build explicitly on a “public choice” …

Design Life: Safety Risks And Ethical Challenges In Synthetic Biology, Li Zhenzhen, Dong Yongliang, Gao Yiwei

Bulletin of Chinese Academy of Sciences (Chinese Version)

The rapid development of synthetic biology has aroused widespread concern in the academic community. The engineering properties of synthetic biology individualize it the practical meaning of "design" and "reconstruction". The artificially designed life can be introduced to the traditional DNA-based life evolution process, which may lead to a series of safety risks and ethical arguments. The article explores the controversy caused by the landmark events in the development of synthetic biology, draws in-depth analysis on the safety risks of synthetic biology, as well as the ethical dilemmas and inducements of them. Based on the regulatory mechanism of European countries and …

Ensuring Compliance From 35,000 Feet: Accountability And Trade-Offs In Aviation Safety Regulatory Networks, Russell W. Mills, Christopher J. Koliba, Dorit Rubinstein Reiss

College of Agriculture and Life Sciences Faculty Publications

A puzzle that faces public administrators within regulatory networks is how to balance the need for public or democratic accountability with increasing demands from interest groups and elected officials to utilize the expertise of the private sector in developing process-oriented programs that ensure compliance. This article builds upon the network governance accountability framework developed by Koliba, Mills, and Zia to explore the dominant accountability frames and the accountability trade-offs that shape the process-oriented regulatory regime used by the Federal Aviation Administration (FAA) to oversee and regulate air carriers in the United States.

Military Application Of Unmanned Underwater Vehicles: In Quest Of A New Legal Regime?, Jeremia Humolong Prasetya Nainggolan

Indonesian Journal of International Law

The Unmanned Underwater Vehicles (UUV) is commonly used for current military operations. There are three legal issues arising out of it, namely (i) legal status; (ii) immunity; and (iii) configuration and rule of the road. The international community has also witnessed the impact of the unregulated UUVs military operation. The article will examined these legal issues in the perspective of international and national law and States practice. To enrich the discussion, legal scholars and practitioners views on UUV will be included. The capability of UUV will also be discussed to increase the comprehension of its role in military operations. Based …

Practice-Based Research Networks Ceding To A Single Institutional Review Board, Jeanette M. Daly, Tabria Weiner Harrod, Kate Judge, Leann C. Michaels, Barcey T. Levy, David L. Hahn, Lyle J. Fagnan, Donald E. Nease Jr.

Journal of Patient-Centered Research and Reviews

Historically, a single research project involving numerous practice-based research networks (PBRNs) required multiple institutional review boards (IRBs) to be involved in approval of the project. However, to avoid redundancies, federal IRB regulations now allow cooperative research projects that involve more than one institution to use reasonable methods of cooperative IRB review and to cede authority for review and oversight of the project to a single lead IRB. Through ceding, a lead IRB has the authority for review and oversight of the project delegated by all participating sites’ IRBs and becomes the IRB of record for the ceded sites. In the …

Optimization Of Forecast Of Non-Stationary Objects Based On Fuzzy Model Adapters At External Information Influence., O.I Djumanov, S.M Kholmonov

Chemical Technology, Control and Management

The tasks of taking into account the sensitivity of fuzzy modeling based on the mechanisms for determining the range of elements of randomly chosen time series and the correction of the parameters of the functions of the accessories of linguistic variables, the use of the data property and the specific features of objects, the database and the knowledge base are solved. Computational schemes of dynamic identification based on polynomial models, nonlinear filters with fuzzy variable adapters are constructed. The effectiveness of generalized algorithms of fuzzy identification of randomly time series (RTS) is proved by comparison with the values of the …

The Continuing Battle Over Net Neutrality, Mike Crawford

SLU Law Journal Online

In this article, Mike Crawford discusses how net neutrality continues to be a heated debate about who has the right and ability to create laws that will impact the way information on the Internet is viewed.

You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen

University of Michigan Journal of Law Reform

The growing prevalence of privately-owned social media platforms is changing the way Americans and their governments communicate. This shift offers new opportunities, but also requires a reinterpretation of the First Amendment’s proscription of government limitations of speech. The public forum doctrine and its proscription of viewpoint discrimination seem particularly stretched by the digital revolution and the development of social media. In ongoing cases, litigants and courts have invoked the doctrine to limit the government’s ability to ‘block’ those who comment critically on government pages—much to the chagrin of those who note the private status of the companies hosting the pages …

Assessing The Evolution Of Cryptocurrency: Demand Factors, Latent Value, And Regulatory Developments, Ryan Clements

Michigan Business & Entrepreneurial Law Review

The purpose of this Comment is to analyze the roots of this fervor— including that which drove Bitcoin’s initial demand surge—and investigate whether cryptocurrency can survive a market bubble that experienced a significant correction in 2018.

Space, The Final Frontier Of Enterprise: Incentivizing Asteroid Mining Under A Revised International Framework, Jack Heise

Michigan Journal of International Law

This Note argues that the Outer Space Treaty (the “OST”) should be modified to provide explicit permission for private entities to engage in asteroid mining while maintaining the principles of international peace and cooperation that the treaty espouses as the core of the framework governing outer space. Part I explores the current state of asteroid mining with reference to the current objectives of companies conducting missions in this realm. Part II examines the OST as applied to the enterprise of asteroid mining by private companies. Part III considers the benefits and drawbacks of various regulatory schemes to govern asteroid mining. …

Issues Of Practical Implementation Of The Principles Of Criminal Law In The Law-Making And Law-Enforcement Practice Of The Republic Of Belarus, V Marchuk

ProAcademy

In the p ro p o s e d article, the a u th o r considers issues o f p ra c tic a l im plem entation o f the p rin ciple s o f c rim in a l la w in the la w m a kin g a n d law -e nfo rcem e n t p ra c tic e o f the R epublic o f Belarus. O n the basis o f separate results o f c rim in o lo g ic a l expertise, the a rticle shows …

Abandoned But Not Forgotten: Improperly Plugged And Orphaned Wells May Pose Serious Concerns For Shale Development, Bret Wells, Tracy Hester

Michigan Journal of Environmental & Administrative Law

This Article addresses the intersection of oil and gas law and environmental law on a topic that has profound significance for the nation’s oil industry and for the environment. In this regard, the Permian Basin is experiencing a renaissance that has fundamentally impacted oil production in the United States. Horizontal drilling and hydraulic fracturing now allow the industry to produce in the Permian Basin’s unconventional shale formations in ways that were unimaginable a decade ago. But, the hot shale plays within the Permian Basin exist above conventional fields that are littered with a century’s worth of abandoned wells. Fracturing new …

Increasing Investor Protection Through Improving Hedge Fund Valuation, Deirdre Farrell

St. John's Law Review

(Excerpt)

This Note examines the current hedge fund regulations in the United States and in Europe, and proposes ways for regulators to improve hedge fund valuation in the United States to increase investor protection. Although valuation issues affect all pooled investment vehicles that invest in illiquid, difficult-to-value assets, this Note focuses only on the valuation systems of hedge funds.

Part I gives an overview of hedge funds in general—their structure and the major stakeholders involved. Part II summarizes the valuation process and its associated issues. Part III describes recent regulatory changes in the United States affecting hedge funds, including the …

Will Courts Allow States To Regulate Drug Prices?, Christopher Robertson

Faculty Scholarship

Pharmaceuticals are consuming increasingly large portions of U.S. state budgets, and high prices are preventing patients from getting, and adhering to, essential medicines. In mid-May 2018, President Donald Trump announced a heavily hyped but relatively modest federal plan to bring down drug prices. Meanwhile, several states are moving forward with their own solutions, and Maryland’s approach is particularly ambitious. In 2017, responding to notorious cases such as the 5000% increase in the cost of Daraprim (pyrimethamine) and the 10-fold increase in the cost of EpiPens (epinephrine auto-injectors), Maryland enacted a statute that prohibits manufacturers from “price gouging” on any “essential …

The Distinctive Regulatory Mechanisms Of Bacterial Acetyl-Coa Carboxylase, Alexandra Leigh Evans

LSU Doctoral Dissertations

Metabolic Regulation is a complex system used to control cellular metabolism in response to conditions in the cell’s environment. For most enzymes, the cell can rely upon a minimal amount of regulation; however, critical enzymes, such as acetyl-CoA carboxylase, must be regulated at multiple levels. Acetyl-CoA carboxylase catalyzes the first committed step in fatty acid synthesis. In bacteria, acetyl-CoA carboxylase forms a complex of three subunits–biotin carboxylase, biotin carboxyl carrier protein, and carboxyltransferase–which catalyze the carboxylation of acetyl-CoA to form malonyl-CoA via two half-reactions. In the first half-reaction, biotin covalently linked to biotin carboxyl carrier protein is carboxylated by biotin …

Government Roles In Regulating Medical Tourism: Evidence From Guatemala, Ronald Labonté, Valorie A. Crooks, Alejandro Cerón, Vivien Runnels, Jeremy Snyder

Anthropology: Faculty Scholarship

Background: Regulation of the medical tourism and public health sectors overlap in many instances, raising questions of how patient safety, economic growth, and health equity can be protected. The case of Guatemala is used to explore how the regulatory challenges posed by medical tourism should be dealt with in countries seeking to grow this sector.

Methods: We conducted a qualitative case study of the medical tourism sector in Guatemala, through reviews and analyses of policy documents and media reports, key informant interviews (n = 50), and facility site-visits.

Results: Key informants were critical of the absence of effective public regulation …

Taking Antitrust Away From The Courts, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust agencies have been surprisingly timid in response to this challenge, and when they have tried to assert themselves, they have often found that hostile courts block their ability to foster competitive markets. In other areas of law, Congress delegates power to agencies, agencies make regulations setting standards, and courts provide deferential review after the fact. Antitrust doesn’t work this way. Courts – made up of …

Regulatory And Governance Impacts On Bank Risk-Taking, Karen Schnatterly, Brent B. Clark, John Howe, Michael L. Devaughn

Marketing and Management Faculty Publications

Risk in financial institutions is vitally important to regulators, policy makers, investors, and the stability of the financial system, yet some critical aspects of that risk remain poorly understood. In the case of U.S. startup banks, a critical choice that can influence risk-taking behavior is which of three regulators—with varying levels of stringency—to choose. The board of directors of the new bank makes this important decision, which may result in different risk implications, depending on board’s structure. Here, we examine banks’ risk behavior associated with the degree of board independence and the choice of regulator. We find that the regulatory …

Rethinking The Secular: Religion, Ethics And Science In Food Regulation, Richard Mohr

Richard Mohr

This paper explores some issues at the intersection of regulation and religion, as they apply to food. It reports on a work in progress examining the regulations and values that affect choices at food and drink outlets in an inner suburban street in Sydney.

It is part of a larger projected study of food as a central social, material and religious concern. In it we are exploring questions around community relations in a culturally and religiously diverse society. Here I focus on the ways religious, ethical and scientific considerations interact with regulatory regimes, whether those of government, industry, or religious …

Update On Antitrust And Pay-For-Delay: Evaluating “No Authorized Generic” And “Exclusive License” Provisions In Hatch-Waxman Settlements, Saami Zain

San Diego Law Review

In Federal Trade Commission v. Actavis, the United States Supreme Court held that a patent litigation settlement where a branded drug company pays a generic drug company to end the litigation and delay launching its generic may violate the antitrust laws. Although the decision ended years of controversy over whether such settlements were subject to antitrust scrutiny, many issues remain unresolved concerning the lawfulness of these settlements. In particular, courts have struggled in assessing the legality of patent settlements between branded and generic drug manufacturers involving non-cash compensation or benefits. This article discusses one type of non-cash compensation that is …

Slippery Fish: Enforcing Regulation When Agents Learn And Adapt, Andres Gonzalez Lira, Ahmed Musfiq Mobarak

Cowles Foundation Discussion Papers

Attempts to curb undesired behavior through regulation gets complicated when agents can adapt to circumvent enforcement. We test a model of enforcement with learning and adaptation, by auditing vendors selling illegal fish in Chile in a randomized controlled trial, and tracking them daily using mystery shoppers. Conducting audits on a predictable schedule and (counter-intuitively) at high frequency is less effective, as agents learn to take advantage of loopholes. A consumer information campaign proves to be almost as cost-effective and curbing illegal sales, and obviates the need for complex monitoring and policing. The Chilean government subsequently chooses to scale up this …

Education, Not Restriction, Is Key To Reducing Harm From Offshore Gambling, Sally Gainsbury, Alex Blaszczynski, Brett Abarbanel

College of Hospitality Faculty Research

Australian internet gambling policies have been refined and prohibitions on illegal gambling sites clarified in recent years. These offshore sites not only pose potential harm to consumers in the form of fraudulent and deceptive dealings, but also have long-term consequences through reducing the tax dollars generated by the licensed market. Our research takes a closer look at why gamblers use offshore sites, and the implications of this for policymaking.