Academic literature on the topic 'Hard law'

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Journal articles on the topic "Hard law"

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Lasinski-Sulecki, Krzysztof. "Is Soft Law Making Hard Law Too Hard?" Global Trade and Customs Journal 17, Issue 4 (2022): 171–76. http://dx.doi.org/10.54648/gtcj2022022.

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Soft laws are created for many reasons to serve various purposes. This article focuses on acts of soft law that are adopted to facilitate the process of applying hard law (or complying with it) and to standardize the understanding of international agreements. In the field of customs law, one can point, for instance, to opinions adopted by the World Customs Organisation. The Organisation for Economic Co-operation and Development (the OECD) Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations and the Commentary to the OECD Model Tax Convention on Income and on Capita
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Ryan, Cheyney. "The Hard Hand of War." Law and Philosophy 37, no. 3 (2017): 269–87. http://dx.doi.org/10.1007/s10982-017-9319-z.

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Schneider, Carl E. "At Law: Hard Cases." Hastings Center Report 28, no. 2 (1998): 24. http://dx.doi.org/10.2307/3527568.

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Zhao, Lijun. "Soft or Hard Law." International Organizations Law Review 11, no. 1 (2014): 172–227. http://dx.doi.org/10.1163/15723747-01101006.

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Historically, international regimes regulating maritime transport have aimed to develop uniform rules. However, these rules are relatively static and have been implemented differently based on different national understandings in a de-centralised, State-based manner. This article argues that greater global uniformity in maritime transport rules could be achieved through the framework of the World Trade Organization (‘wto’). The wto could update these rules dynamically, and could also enforce them. A wto-based negotiating forum could generate substantive, uniform seaborne cargo rules in two way
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Weber, Rolf. "Overcoming the hard law/soft law dichotomy in times of (financial) crises." Journal of Governance and Regulation 1, no. 1 (2012): 8–14. http://dx.doi.org/10.22495/jgr_v1_i1_p1.

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Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are orga
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Craig, Elizabeth. "From soft to hard law?" Focaal 2010, no. 56 (2010): 35–48. http://dx.doi.org/10.3167/fcl.2010.560103.

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This article explores the use of soft law by those involved in the drafting of a Bill of Rights for Northern Ireland, drawing in particular on the author's experiences as legal adviser to the Culture, Identity, and Language Working Group of the Northern Ireland Bill of Rights Forum. The article reflects on the extent to which the Council of Europe's Framework Convention for the Protection of National Minorities 1995 and other relevant international instruments can be considered as forms of international soft law. It then highlights controversies that have arisen in debates over the content and
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Ferguson, Lucinda. "Hard divorces make bad law." Journal of Social Welfare and Family Law 39, no. 3 (2017): 364–67. http://dx.doi.org/10.1080/09649069.2017.1344398.

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Molloy, T., and T. Graham. "Hard cases and bad law." Trusts & Trustees 17, no. 9 (2011): 803–6. http://dx.doi.org/10.1093/tandt/ttr126.

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Brazier, M. "Hard cases make bad law?" Journal of Medical Ethics 23, no. 6 (1997): 341–43. http://dx.doi.org/10.1136/jme.23.6.341.

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Maclean, Mavis. "Family law in hard times." Journal of Social Welfare and Family Law 33, no. 4 (2011): 309–10. http://dx.doi.org/10.1080/09649069.2011.632882.

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Dissertations / Theses on the topic "Hard law"

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Glahn, Jason C. "Is hard positivism too hard to swallow? /." free to MU campus, to others for purchase, 2004. http://wwwlib.umi.com/cr/mo/fullcit?p1426061.

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Genneby, Johan. "Hard Decisons, Soft Laws : Exploring the authority and the political impact of soft law in international law." Thesis, Linköping University, Department of Management and Economics, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-1864.

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<p>The question of whether there is soft law in international law has been as much the subject of contemporary debate as whether or not there is private legal authority in the international society. The legal boundaries seem to be blurred by the process of globalisation and the recent shift in international law. The traditional definition of international law has been outdated as new forms of treaties has introduced new subject of law to the judicial arena. At the same time a supplementary map of law has been added to the cartography of international law, soft law. These correlating processes
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Borges, Daniel Moura. "A declaração universal dos direitos dos animais: sua aplicação enquanto soft law e hard law." Faculdade de Direito, 2015. http://repositorio.ufba.br/ri/handle/ri/18719.

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Seeruthun-Kowalczyk, Mariola. "Hard law and soft law interactions in EU corporate tax regulation : exploration and lessons for the future." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6409.

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The EU regulatory framework for direct taxation is composed of three interconnected elements. First, having satisfied the requirement of a unanimous vote, the EU adopted a range of directives on the basis of the general harmonisation provision (Article 115 TFEU). Therefore, a traditional hard law framework harmonising some aspects of direct taxation exists in the EU. Second, case law is an indirect method of exerting influence on the direct tax field. As long as no positive integration has been brought about, the Member States are free to regulate this sphere as they see fit. The boundaries of
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Midjord, Rune <1978&gt. "Essays on persuasion games with hard evidence." Doctoral thesis, Università Ca' Foscari Venezia, 2010. http://hdl.handle.net/10579/948.

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The thesis consists of three chapters. In the first chapter we study a communicationgame played by three agents with conflicting and state independent preferences. Each possible outcome of the game uniquely corresponds to a state of the world. The objective is to construct an outcome function(mechanism) that provides the agents with incentives to take actions so that the "true" outcome is implemented. Without any hard evidence in the model communication is worthless. However, if let the agents receive evidence to prove the state with infinitesimal probability we are able to induce truthful imp
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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.

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Defence date: 14 March 2022<br>Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)<br>This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Or
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Mota, Ana Rita Carreira Agostinho. "#DefendTheSacred : harnessing hard and soft law mechanisms to integrate international investment and cultural rights." Thesis, King's College London (University of London), 2018. https://kclpure.kcl.ac.uk/portal/en/theses/defendthesacred(c3bd9f9a-fb33-4630-981f-5d825401fca8).html.

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This research focuses on the relationship between international investment and cultural rights, ultimately seeking to determine how to reconcile investor protection with the need to protect and promote the cultural rights of vulnerable stakeholders, such as indigenous peoples. Cultural rights, which are closely connected to the principles of human dignity and sustainable development, have attracted the attention of academics and policy-makers in recent decades, but are still far from receiving the attention and recognition that they deserve. Conversely, international investment law is much mor
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Cleridou, Christiana. "Female voices in hard and soft law : the case of equal pay in Cyprus." Thesis, University of Bristol, 2017. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.743013.

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Hewitt, Steven R. "Old myths die hard the transformation of the Mounted Police in Alberta and Saskatchewan, 1914-1939 /." Ottawa : Library and Archives Canada, 1998. http://www.nlc-bnc.ca/obj/s4/f2/dsk3/ftp04/nq23937.pdf.

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Hewitt, Steven R. "Old myths die hard, the transformation of the Mounted Police in Alberta and Saskatchewan, 1914-1939." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq23937.pdf.

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Books on the topic "Hard law"

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1946-, Heffernan William C., and Stroup Timothy, eds. Police ethics: Hard choices in law enforcement. J. Jay Press, 1985.

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Hard cases in wicked legal systems: Pathologies of legality. 2nd ed. University of Oxford, 2010.

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1954-, McElfish James M., and Environmental Law Institute, eds. Hard rock mining: State approaches to environmental protection. Environmental Law Institute, 1996.

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C, Knolton Cristina, ed. Hard-nosed advice from a cranky law professor: How to succeed in law school. Carolina Academic Press, 2010.

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Zaring, David. Informal procedure, hard and soft, in international administration. Institute for International Law and Justice, New York University School of Law, 2004.

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Gilbert, Vernon Keith. A hard act to follow: Notes on Ontario school law. OISE Press-Guidance Centre, the Ontario Institute for Studies in Education, 1989.

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Gilbert, V. K. A hard act to follow: Notes on Ontario school law. Guidance Centre, Faculty of Education, University of Toronto, 1985.

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Hard country: A novel. Dutton, 2012.

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Institute, Pennsylvania Bar, ed. Business divorce: Breaking up is hard to do. Pennsylvania Bar Institute, 2004.

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Stephanopoulos, George. Readings materials for hard choices in international politics. Faculty of Law, University of Toronto, 1999.

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Book chapters on the topic "Hard law"

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Zajc, Katarina. "Hard Law." In Encyclopedia of Law and Economics. Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_224.

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Zajc, Katarina. "Hard Law." In Encyclopedia of Law and Economics. Springer New York, 2016. http://dx.doi.org/10.1007/978-1-4614-7883-6_224-1.

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O’Callaghan, Patrick. "Comparing Hard Cases." In Refining Privacy in Tort Law. Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-31884-9_4.

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Caplan, Arthur L. "Hard Cases Make Bad Law." In Compelled Compassion. Humana Press, 1992. http://dx.doi.org/10.1007/978-1-4612-0409-1_4.

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Martin, Kathleen Callanan. "Political Economy and the New Poor Law." In Hard and Unreal Advice. Palgrave Macmillan UK, 2008. http://dx.doi.org/10.1057/9780230594050_4.

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Yanaga, Masao. "Standards and Statutes: ‘Soft’ Law and ‘Hard’ Law." In Cybernics. Springer Japan, 2014. http://dx.doi.org/10.1007/978-4-431-54159-2_16.

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Úbeda de Torres, Amaya. "Between soft and hard law standards." In Electoral Rights in Europe. Routledge, 2017. http://dx.doi.org/10.4324/9781315470498-3.

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Vihma, Antto. "Analyzing Soft Law and Hard Law in Climate Change." In Climate Change and the Law. Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-5440-9_7.

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Pochet, Philippe. "Social Europe: Why Hard Law Remains Important." In The 'Community Method'. Palgrave Macmillan UK, 2011. http://dx.doi.org/10.1057/9780230305670_10.

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Popovski, Vesselin. "‘Hard’ and ‘soft’ law on climate change." In The Implementation of the Paris Agreement on Climate Change. Routledge, 2018. http://dx.doi.org/10.4324/9781315212470-2.

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Conference papers on the topic "Hard law"

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Weiner, S. S. "Reasoning about 'hard' cases in Talmudic law." In the first international conference. ACM Press, 1987. http://dx.doi.org/10.1145/41735.41760.

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Kiyavitskaya, Nadzeya, Alžbeta Krausová, and Nicola Zannone. "Why Eliciting and Managing Legal Requirements Is Hard." In 2008 Requirements Engineering and Law (RELAW). IEEE, 2008. http://dx.doi.org/10.1109/relaw.2008.10.

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López, Nuria. "Soft science, hard puzzle: can we handle John Roemer´s Justice algorithm?" In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws96_02.

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Dupont, Valérie. "The role of soft law vs hard law instruments in the enforcement of biodiversity offsets and their impacts on stakeholders." In 5th European Congress of Conservation Biology. Jyvaskyla University Open Science Centre, 2018. http://dx.doi.org/10.17011/conference/eccb2018/107565.

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"Ultra-Radiation Hard Computer Memory for Space Exploration." In 55th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. American Institute of Aeronautics and Astronautics, 2004. http://dx.doi.org/10.2514/6.iac-04-i.5.04.

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Pődör, Lea. "Can Robot Judges Solve the So-Called “Hard Cases”?" In COFOLA International 2022. Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-16.

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From the perspective of legal theory, there are two types of cases for judges to decide: “easy cases” and “hard cases”. This line of thought relates to cases that are decided by humans. The last few years have seen rapid progress in the development of artificial intelligence, and an increasing number of ideas have been put forward that envisage the transfer of algorithmic task execution to the world of law. Legal theory and jurisprudence are interdependent, and a solution needs to be found to the question of how much algorithms can reduce the burden on the judiciary in the application of the l
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Moreau, Xavier, Audrey Rizzo, Alain Oustaloup, and Vincent Hernette. "Improvement of Hydractive Suspension Hard Mode Confort Thanks to a Low Frequency Active CRONE System: Part 2—Control Part and Simulation Results." In ASME 2009 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/detc2009-86782.

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This paper presents a control law for a low frequency active suspension system necessary for the implementation of the strategy defined in the first paper. The structure of the proposed control law is based on cooperation between feedforward and feedback. Feedforward design is based on the vehicle physics. The feedback law is synthesized from CRONE control-design method, french acronym of “Commande Robuste d’Ordre Non Entier” (non integer order robust control). Modeling, robust control-design in frequency-domain, optimal approach, stability analysis and performance are presented in this paper.
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Đorđević, Slavko. "Merodavno pravo za ugovor o distribuciji u međunarodnom privatnom pravu Srbije." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.075dj.

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In this paper author analyses the conflict-of-law regime for cross-border distribution contracts in Serbian private international law. The study begins with the characterisation of distribution contract and its delimitation form other similar contracts in Serbian legal system, such as a sale contract, franchising contract and agency contract. It continues with the analysis of conflict-of-law rules of Serbian PIL Act which have to be applied to distribution contract, where the attention is given to the choice of law rule of Art. 19 of Serbian PIL Act and to the hard conflict-of law rule for inn
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Zhang, Jian, Xiaodong Yu, Jianfeng An, and Arash Hazrati. "Polyline Closure Law Design and Realization in Long-Distance Water-Supply Project." In ASME 2010 International Mechanical Engineering Congress and Exposition. ASMEDC, 2010. http://dx.doi.org/10.1115/imece2010-38114.

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Long-distance water-supply project is an effective way to solve the uneven spatial and temporal distribution of water resources, but the safety of water conveyance system is threatened seriously by water-hammer. Based on the research of the characteristic of water-hammer with pipe friction considered, the formula of indirect water-hammer is deduced and the application scope of the formula is also discussed, which is the theoretical basis for the design of polyline closure law. To the defects that valve closure time is long and response of accident is slow in the long-distance water-supply proj
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Đorđević, Slavko. "ODREĐIVANjE MERODAVNOG PRAVA ZA UGOVOR O FRANŠIZINGU – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.113dj.

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In this paper author analyses the conflict-of-law regime for cross-border franchise contracts in Serbian private international law. The study begins with the characterisation of franchise contract and its delimitation form other similar contracts in Serbian legal system, such as a distribution contract and licence contract. It continues with the analysis of conflict-of-law rules of Serbian PIL Act which have to be applied to franchise contract, where the attention is given to the choice of law rule of Art. 19 of Serbian PIL Act and to the hard conflict-of law rule for innominate contracts cont
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Reports on the topic "Hard law"

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Gonçalves, Maria Eduarda, and Inês Gameiro. Hard Law, Soft Law and Self-regulation: Seeking Better Governance for Science and Technology in the EU. DINÂMIA'CET-IUL, 2011. http://dx.doi.org/10.7749/dinamiacet-iul.wp.2011.18.

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Prisacariu, Roxana. Roma right to effective participation in public affairs – between soft and hard law. IFF, 2015. http://dx.doi.org/10.51363/unifr.diff.2015.03.

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Winick, Herman. Extending the Range of a Low Energy SR-Source to Hard X-rays. Office of Scientific and Technical Information (OSTI), 1999. http://dx.doi.org/10.2172/10205.

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Wen, Hefei, Jason Hockenberry, and Janet Cummings. The Effect of Medical Marijuana Laws on Marijuana, Alcohol, and Hard Drug Use. National Bureau of Economic Research, 2014. http://dx.doi.org/10.3386/w20085.

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Megersa, Kelbesa. Tax Transparency for an Effective Tax System. Institute of Development Studies (IDS), 2021. http://dx.doi.org/10.19088/k4d.2021.070.

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This rapid review examines evidence on the transparency in the tax system and its benefits; e.g. rising revenue, strengthen citizen/state relationship, and rule of law. Improvements in tax transparency can help in strengthening public finances in developing countries that are adversely affected by COVID-19. The current context (i.e. a global pandemic, widespread economic slowdown/recessions, and declining tax revenues) engenders the urgency of improving domestic resource mobilisation (DRM) and the fight against illicit financial flows (IFFs). Even before the advent of COVID-19, developing coun
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Pritchett, Lant, and Martina Viarengo. Learning Outcomes in Developing Countries: Four Hard Lessons from PISA-D. Research on Improving Systems of Education (RISE), 2021. http://dx.doi.org/10.35489/bsg-rise-wp_2021/069.

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The learning crisis in developing countries is increasingly acknowledged (World Bank, 2018). The UN’s Sustainable Development Goals (SDG) include goals and targets for universal learning and the World Bank has adopted a goal of eliminating learning poverty. We use student level PISA-D results for seven countries (Cambodia, Ecuador, Guatemala, Honduras, Paraguay, Senegal, and Zambia) to examine inequality in learning outcomes at the global, country, and student level for public school students. We examine learning inequality using five dimensions of potential social disadvantage measured in PIS
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Swaminathan, Vishnu, and Krishnendu Chakrabarty. Investigating the Effect of Voltage-Switching on Low-Energy Task Scheduling in Hard Real-Time Systems. Defense Technical Information Center, 2005. http://dx.doi.org/10.21236/ada440180.

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Baloch, Imdad, Tom Kaye, Saalim Koomar, and Chris McBurnie. Pakistan Topic Brief: Providing Distance Learning to Hard-to-reach Children. EdTech Hub, 2020. http://dx.doi.org/10.53832/edtechhub.0026.

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The COVID-19 pandemic has resulted in mass school closures across the world. It is expected that the closures in low- and -middle-income countries (LMICs) will have long-term negative consequences on education and also on broader development outcomes. Countries face a number of obstacles to effectively delivering alternative forms of education. Obstacles include limited experience in facing such challenges, limited teacher digital and pedagogical capacity, and infrastructure constraints related to power and connectivity. Furthermore, inequalities in learning outcomes are expected to widen with
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Whitacre, Madeline. Early Lab scientists had questions, Plastic Man gave them answers. Office of Scientific and Technical Information (OSTI), 2020. http://dx.doi.org/10.2172/1688719.

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Ell, Kathleen, Maria Aranda, Shinyi Wu, Hyunsung Oh, and Pey-Jiuan Lee. A Helping Hand to Activate Patient-Centered Depression Care among Low-Income Patients (AHH). Patient-Centered Outcomes Research Institute (PCORI), 2018. http://dx.doi.org/10.25302/3.2018.ad.13047364.

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