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Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Includes a list of frequently asked questions and answers for the 2022 White House Office of Science and Technology Policy (OSTP) Public Access Policy guidance, including answering questions such as "What is meant by public access to federally funded research?" and "What impact will the policy guidance have on specific business models for scholarly publishing?"

Big Data Technology Enabling Legal Supervision, Qingjie Liu, Shuo Liu, Yirong Wu, Yueqiang Weng, Yihao Wen, Ming Li

Bulletin of Chinese Academy of Sciences (Chinese Version)

Legal supervision plays an important role in the national governance system and capacity. In the era of digital revolution, the rapid development of digital procuratorial work with big data legal supervision as the core promotes to reshape the legal supervision and governance system. In this study, the inherent need of legal supervision for active prosecution in the new era, and the innovative role of new public interest litigation in comprehensive social governance, are firstly analyzed. Then, the core meaning and reshaping role of big-data-enabling-legalsupervision and supervision-promoting-national-governance of digital prosecution are discussed. After summarizing the practical experiences and challenges of big …

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of Contents

Swot Analysis Of Investing In Cryptocurrencies, Justyna Ziobrowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of this article is to discuss the strengths and weaknesses of investing in cryptocurrencies, and to indicate the prospects for further developments of the cryptocurrency market in the world. In terms of methodology, the paper provides an analysis and criticism of literature as well as research and inference of document. The analysis carried out indicates that investing in cryptocurrencies is risky but, at the same time, it offers a potentially good chance for a high return on investment. Cryptocurrencies have very large price fluctuations and are able to generate both severe losses and huge rates of return, unheard …

Plans To Raise The Level Of Consumer Protection As Retail Investors In Eu Law, Piotr Gałązka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In light of the European Commission’s announcement of May 2022 of new legislative work aimed at raising the level of consumer protection in the capital market when consumers act in the capacity of a retail investor, the article considers the planned measures, evaluating them through the prism of calls for regulatory changes, pointing out the most relevant needs and the most pressing problems. The analysis is based on previous reports, as well as national solutions in some EU member states. In particular, attention is paid to the need to simplify the EU legal system for retail investors, to increase transparency …

Bond Tokenization – Comments On The Background Of Art. 8 Sec. 2 Of The Act Of January 15th, 2015 On Bonds, Paweł Czaplicki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses the issue of the ‘tokenization’ of bonds in Poland. Presented are also de lege ferenda postulates concerning the implementation of this process in the domestic legal conditions. The article uses the dogmatic and legal research method. The main research problem presented in the article is whether the tokenization of bonds in Poland is possible. In accordance with the hypothesis put forward by the author, the legal regulations in force in this area currently prevent the tokenization of bonds in Poland.

Review Of Judicial Case Law On Practices Violating The Collective Interests Of Consumers Concerning The Financial Market In The First Half Of 2022, Łukasz Wroński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This review discusses selected court rulings concerning the financial market (made in the first half of 2022) after the President of UOKiK (the Office of Competition and Consumer Protection) issued decisions in cases of practices that violate the collective interests of consumers. The study presents the most significant motives of the rulings of the District Court in Warsaw – SOKiK (the Court of Competition and Consumer Protection), the Court of Appeals in Warsaw and the Polish Supreme Court.

Review Of Anti-Consumer Market Practices Concerning Financial Services In Light Of The Decisions Of The President Of Uokik Issued In 2022, Edyta Rutkowska-Tomaszewska, Artur Zwaliński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This paper reviews the decisions of the President of UOKiK (President of the Office of Competition and Consumer Protection) issued during the period from January 1st to December 31st, 2022. All decisions issued by the President of UOKiK during the indicated period were analyzed and evaluated. They were divided into two main categories based on the UOKiK President’s jurisdiction to issue decisions on anti-consumer market practices; first: decisions on violations of collective consumer interests, and, second, decisions on the use of prohibited contractual provisions in model contract templates. They were then further divided, within the two above categories, into groups …

Krzysztof Waliszewski (Ed.), Personal Finance, Polish Academy Of Sciences Publishing House, Warsaw 2022, Pp. 426, Iwona D. Czechowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

A review of a book edited by Krzysztof Waliszewski.

Piotr Łasak (Ed.), Identity Of Banks In The Face Of Financial Technology Development, Jagiellonian University Publishing House, Kraków 2021, Pp. 146, Krzysztof Waliszewski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

A review of a book edited by Piotr Łasak.

Entire Issue Vol. 11 No. 7

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol 11(7)

Creating Data From Unstructured Text With Context Rule Assisted Machine Learning (Craml), Stephen Meisenbacher, Peter Norlander

School of Business: Faculty Publications and Other Works

Popular approaches to building data from unstructured text come with limitations, such as scalability, interpretability, replicability, and real-world applicability. These can be overcome with Context Rule Assisted Machine Learning (CRAML), a method and no-code suite of software tools that builds structured, labeled datasets which are accurate and reproducible. CRAML enables domain experts to access uncommon constructs within a document corpus in a low-resource, transparent, and flexible manner. CRAML produces document-level datasets for quantitative research and makes qualitative classification schemes scalable over large volumes of text. We demonstrate that the method is useful for bibliographic analysis, transparent analysis of proprietary data, …

Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba

University of Miami International and Comparative Law Review

Technological advances in the 21st century pose new threats to human rights from business activities. In this new technological age, individuals and communities engage through an increasing myriad of digital means and platforms, all facilitated by a smaller, more powerful set of global BigTech companies, such as Microsoft, Apple, Google, and Meta (formerly known as Facebook). In so doing, however, our lives as workers, consumers, and citizens become subject to increasing corporate control through surveillance capitalism and algorithmic governance. With the dawn of metaverses—3D immersive digital environments in which you can interact with others via avatars and through virtual and …

Foreclosing Asylum: “Neo-Refoulement” And The Ripple Effects Of U.S. Interdiction At Sea, Edgar Cruz

University of Miami International and Comparative Law Review

This Note argues that U.S. interdiction of asylum seekers at sea and the Migrant Protection Protocols (MPP) program undermine the object and purpose of international refugee law. The U.S. Government uses both practices to evade its international obligation of non-refoulement, or non-return. Such practices unjustly restrict access to asylum in the U.S. These policies can be characterized as tools of “neo-refoulement.” Neo-refoulement is a strategy used to foreclose the possibility of asylum. It allows States parties to the 1951 Refugee Convention to evade their international obligation to refrain from returning people to places where they may be at risk of …

Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu

University of Miami International and Comparative Law Review

Over the last centuries, the view on the death penalty in Qing China has been distorted, presenting a picture of abusive brutality and excessive cruelty, and thus was used as the critical pretext to establish immune extraterritorial jurisdictions. Nevertheless, the existing comments are more literary embellishments without empirical evidence, and few comparative and historical perspectives have been utilized to clarify the truth. In this study, we mined annual death sentence numerical data for the period 1744 to 1840 from official archives and literatures, deciphering the capital crimes in detail and ascertaining the longitudinal trend with population statistics. To reassess the …

A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen Ga Pitel, Amy Salyzyn

Articles, Book Chapters, & Popular Press

In 2021 the Canadian Judicial Council completed a multi-year review and update of Ethical Principles for Judges (EPJ), the ethical and professional guidance for all federally-appointed judges in Canada. The revisions address issues such as case management and settlement conferences, technological competence and the use of social media, interactions with self-represented litigants, professional development for judges, confidentiality, and the return of former judges to the practice of law. In this article, five directors of the Canadian Association for Legal Ethics/Association canadienne pour l’éthique juridique analyze the revised EPJ and offer their observations.

The article covers five important topics. On impartiality, …

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

From The Vatican With Cash: Prosecuting Money Laundering In London Real Estate, Jane Tien

University of Miami International and Comparative Law Review

It is no news that donations from the Catholic faithful reemerge from the dark underground of Church finances as lace vestments, embroidered mitres, velvet slippers, and posh mansions. A year after Pope Francis announced the overhaul of the Vatican’s antimoney laundering (AML) laws, a makeshift courtroom in the Vatican Museum witnessed the largest criminal trial in the Vatican’s modern history. At the center was Cardinal Angelo Becciu—the former No. 3 in the Vatican—for allegedly defrauding the Vatican’s investment in London real estate. After the tumbrels, now comes the reckoning: How could the Vatican mend a broken system and effectively tackle …

The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam

University of Miami International and Comparative Law Review

This Article discusses the impact of COVID-19 on domestic violence and digital abuse around the world, with a focus on the United States. Violence against women has increased since the start of the pandemic largely due to lockdown restrictions and other measures taken by governments to slow the spread of the virus. Further, with an increase in the use of technology throughout our daily lives, digital abuse has become more prevalent and particularly impacts women and girls. This paper analyzes the national action plans on gender-based violence in Australia and South Africa and explores how the United States can create …

Gender Justice And Human Rights Symposium: Holistic Approaches To Gender Violence, Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman

University of Miami International and Comparative Law Review

No abstract provided.

Ndls Communicator: Week Of 12.19.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Roger Alford was quoted by Reuters in a report on the Federal Trade Commission’s attempt to block the Microsoft- Activision merger.
• Nicole Garnett was quoted in the article, "Oklahoma takes 'momentous' step to allow taxpayer-funded religious schools."
• Rick Garnett was quoted by Deseret News in an article about the Supreme Court case 303 Creative v. Elenis.
• Sherif Girgis was in the video, "The Constitution: Our Bill of Rights" produced by PragerU.
• Diane Desierto will moderate the Innovation in Investor- State Arbitration Panel at the Fifth Annual Schiefelbein Global Dispute Resolution Conference coming up in January.
• Catholic Schools …

The Housekeeping Of The Court Of Justice: The Ne Bis In Idem Principle And The Territorial Scope Of Nca Decisions Case Comment To The Nordzucker Judgment Of The Court Of Justice Of 22 March 2022, Case C-151/20, Kamil Dobosz

Yearbook of Antitrust and Regulatory Studies

The case commentary examines the recent ruling of the Court of Justice in the Nordzucker case. This judgment is important not only for the new approach to the ne bis in idem principle in competition law (which was first established in the Bpost case, issued the same day), but also for the clarification of the concept of “idem” with respect to the territorial effects of the infringement on the territories of two member states. The judgment thus provides guidance for the extraterritorial application of EU competition law.

Maciej Bernatt, Populism And Antitrust: The Illiberal Influence Of Populist Government On The Competition Law System, Cambridge University Press, 2022, 253 P., Baskaran Balasingham

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

4th Brazilian Institute For Competition And Innovation (Ibci) International Conference On Competition And Innovation 9–11 November 2021, Eduardo Molan Gaban, Vinicius Klein

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Giuseppe Tesauro Memorial Conference, Eulogy Of A ‘Giurista-Gentiluomo’ Naples, 1–2 July 2022, Walter Bruno

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Employed Algorithms: A Labor Model Of Corporate Liability For Ai, Mihailis E. Diamantis

Duke Law Journal

The workforce is digitizing. Leading consultancies estimate that algorithmic systems will replace 45 percent of human-held jobs by 2030. One feature that algorithms share with the human employees they are replacing is their capacity to cause harm. Even today, corporate algorithms discriminate against loan applicants, manipulate stock markets, collude over prices, and cause traffic deaths. Ordinarily, corporate employers would be responsible for these injuries, but the rules for assessing corporate liability arose at a time when only humans could act on behalf of corporations. Those rules apply awkwardly, if at all, to silicon. Some corporations have already discovered this legal …

Digital Habit Evidence, Andrew Guthrie Ferguson

Duke Law Journal

This Article explores how “habit evidence” will become a catalyst for a new form of digital proof based on the explosive growth of smart homes, smart cars, smart devices, and the Internet of Things. Habit evidence is the rule that certain sorts of semiautomatic, regularized responses to particular stimuli are trustworthy and thus admissible under the Federal Rules of Evidence (“FRE”) 406 “Habit; Routine Practice” and state equivalents.

While well established since the common law, “habit” has made only an inconsistent appearance in reported cases and has been underutilized in trial practice. But intriguingly, once applied to the world of …

Journal Staff

Duke Law Journal

No abstract provided.

Not So Civil Commitment: A Proposal For Statutory Reform Grounded In Procedural Justice, Margaret J. Lederer

Duke Law Journal

Every year, millions of Americans struggle with serious mental illness. Of them, thousands experience civil, or involuntary, commitment—that is, hospitals invoke the coercive power of the state to force these individuals into psychiatric hospitals against their will. Whether someone requires hospitalization is a complex question of psychology, medicine, and substantive law.

But the process of civil commitment itself is troubling. Across the board, states fail to afford those facing civil commitment meaningful procedural protections. Current state laws subject individuals facing commitment to extended periods of confinement with little to no judicial intervention. Indeed, individuals facing commitment may wait weeks or …