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1
Bezemek, Christoph. "A Kelsenian model of constitutional adjudication." Zeitschrift für öffentliches Recht 67, no. 1 (February 10, 2012): 115–28. http://dx.doi.org/10.1007/s00708-012-0127-5.
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Prakken, Henry. "A formal model of adjudication dialogues." Artificial Intelligence and Law 16, no. 3 (September 2008): 305–28. http://dx.doi.org/10.1007/s10506-008-9066-4.
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Dyevre, Arthur. "Uncertainty and international adjudication." Leiden Journal of International Law 32, no. 01 (November 15, 2018): 131–48. http://dx.doi.org/10.1017/s0922156518000572.
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AbstractIn deciding whether to rule against a state party, international courts regularly confront a compliance dilemma: declare the state in breach of the international regime but with the risk that it will defy the court’s authority; or defer to the state but at the price of acquiescing to an unjust or undesirable outcome. Specifically, international adjudicators must solve this dilemma in a context of uncertainty, that is, without knowing with exactitude whether or not the state will prefer complying with an adverse ruling over overt defiance. I use a simple strategic model to cast light on this aspect of the compliance dilemma. Building off from the model’s insights, I then discuss the practices, doctrinal tactics and institutional mechanisms apt to reduce uncertainty and minimize state defiance. I highlight, in particular, the advantages of defiance avoidance mechanisms that help create informational feedback loops like test-the-water dicta and double-tier review. I illustrate how these mechanisms have been deployed by two of the world’s most powerful international courts, the European Court of Justice and the European Court of Human Rights. Finally, I consider the limitations of these mechanisms along with the possibility for other international dispute settlement bodies to replicate them.
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Cheng, Le. "Gauging court adjudication: Qualification and quantification." International Journal of Legal Discourse 4, no. 2 (February 25, 2020): 123–41. http://dx.doi.org/10.1515/ijld-2019-2019.
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AbstractIn common law jurisdictions, the notion of proof beyond a reasonable doubt is frequently related to notions such as the belief or certainty of a judge or a juror about reality. The notion of balance of probabilities is however related to likelihood or probability. In the present study, we link belief and proof by introducing the notion of epistemic modality, which is concerned with the speaker’s belief in propositional probability. The variation in the orientation of epistemic modality helps to integrate the two levels of proof and bridge the apparent test gap between them. The notion of relevance is further introduced in order to clarify the nature of legal proof by taking rape cases as example. This study also provides an integrated model to improve but diversify the expressions in terms of the burden of proof. For most courts, court judgments are processed only according to the general case data, procedural context; such kinds of fact-based information processing and information retrieval seldom help the court to make its decision unless with tremendous and repetitious work. For the consistency and efficiency of court adjudication, it is suggested in the present study that a Knowledge Management (KM) model mainly based on elements and factors which decide or affect the criminal liability. Such a KM model provides an overall framework, though non-exhaustive, and therefore makes court adjudication within narrow discretion and achieves the maximum justice.
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Günther, Philipp. "Groupthink Bias in International Adjudication." Journal of International Dispute Settlement 11, no. 1 (February 3, 2020): 91–126. http://dx.doi.org/10.1093/jnlids/idaa001.
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Abstract One of the most common assumptions about decision-making is that groups usually enhance the quality of the outcomes of deliberative processes. The research on groupthink behaviour challenges this belief by hypothesizing that certain group constellations excessively seek concurrence and thereby increase the probability of faulty decision-making. Since the decision-making process in international adjudication almost always involves group choices, it is crucial to consider the group environment of collegial court decision-making. This article utilizes the General Group Problem Solving model (GGPS) to ascertain how strong the different group conformity antecedents are pronounced in five international courts (the ICJ, the ITLOS, the WTO AB, the ECtHR and the ICC). The results of the GGPS analysis indicate that the WTO AB and the ICC are most likely susceptible to groupthink effects while the other courts are relatively resilient.
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Yung, Ping, and Kieran Rafferty. "Statutory adjudication in Western Australia: adjudicators’ views." Engineering, Construction and Architectural Management 22, no. 1 (January 19, 2015): 54–72. http://dx.doi.org/10.1108/ecam-03-2014-0033.
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Purpose – The purpose of this paper is to evaluate the effectiveness of the statutory adjudication legislation in Western Australia against its stated aims. Design/methodology/approach – The four objectives of the Western Australia Construction Contracts Act 2004 were identified. For each objective a number of criteria has been devised. In total, 22 registered adjudicators were interviewed, representing 28 per cent of all adjudicators in Western Australia. The interviewees were divided into two groups, one with legal background (being both lawyer and adjudicator), the other without (construction professionals). They were asked to evaluate the criteria against a five-point Likert scale in addition to open ended comments. Mann-Whitney U tests were used to examine whether there were significant differences between the two groups. Annual reports of Building Commissioner, database of the WA State Administrative Tribunal and some law cases were also referred to. Findings – It is found that the West Coast Model is fair to both parties, the adjudications are generally completed speedily according to the prescribed timeframe, and they have been conducted in various levels of formalities. Adjudications are very cost effective for larger claims. However, they are not so for smaller claims. The increasing uptake rate shows that adjudication is getting more popular, while the low appeal rate shows that decisions on dismissal are fair. Research limitations/implications – The adjudicators’ opinions are only part of the overall picture and that more research on this topic needs to be done. Originality/value – There have been two distinct legislative models in Australia, commonly known as East Coast Model and West Coast Model. A number of authors have called for a national dual model incorporating both current models. However, it might be too early to discuss the national dual model when there have been very few evaluations on the West Coast Model and among the few there have been problems in the research design. This paper seeks to bridge the gap by evaluating the West Coast Model against its stated aims.
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Godolphin, Peter J., Philip M. Bath, Ale Algra, Eivind Berge, Martin M. Brown, John Chalmers, Lelia Duley, et al. "Outcome Assessment by Central Adjudicators Versus Site Investigators in Stroke Trials." Stroke 50, no. 8 (August 2019): 2187–96. http://dx.doi.org/10.1161/strokeaha.119.025019.
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Background and Purpose— In randomized stroke trials, central adjudication of a trial’s primary outcome is regularly implemented. However, recent evidence questions the importance of central adjudication in randomized trials. The aim of this review was to compare outcomes assessed by central adjudicators with outcomes assessed by site investigators. Methods— We included randomized stroke trials where the primary outcome had undergone an assessment by site investigators and central adjudicators. We searched MEDLINE, EMBASE, CENTRAL (Cochrane Central Register of Controlled Trials), Web of Science, PsycINFO, and Google Scholar for eligible studies. We extracted information about the adjudication process as well as the treatment effect for the primary outcome, assessed both by central adjudicators and by site investigators. We calculated the ratio of these treatment effects so that a ratio of these treatment effects >1 indicated that central adjudication resulted in a more beneficial treatment effect than assessment by the site investigator. A random-effects meta-analysis model was fitted to estimate a pooled effect. Results— Fifteen trials, comprising 69 560 participants, were included. The primary outcomes included were stroke (8/15, 53%), a composite event including stroke (6/15, 40%) and functional outcome after stroke measured on the modified Rankin Scale (1/15, 7%). The majority of site investigators were blind to treatment allocation (9/15, 60%). On average, there was no difference in treatment effect estimates based on data from central adjudicators and site investigators (pooled ratio of these treatment effects=1.02; 95% CI, [0.95–1.09]). Conclusions— We found no evidence that central adjudication of the primary outcome in stroke trials had any impact on trial conclusions. This suggests that potential advantages of central adjudication may not outweigh cost and time disadvantages in stroke studies if the primary purpose of adjudication is to ensure validity of trial findings.
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Warnock, Ceri. "Reconceptualising specialist environment courts and tribunals." Legal Studies 37, no. 3 (September 2017): 391–417. http://dx.doi.org/10.1111/lest.12161.
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Specialist environment courts and tribunals (SECs) are, in the main, reflective of highly dynamic forms of adjudication, mixing judicial forms with powers more traditionally found in the executive. However, despite their novel legal nature the literature on SECs is predominantly promotional and it fails to address the challenges to legitimacy and governance engendered by these institutions. Nor does it evince a robust theory of environmental adjudication. These omissions not only impoverish the discourse but practice unsupported by theory is creating an unstable edifice. To illustrate this point the difficulties experienced in New Zealand are examined. The argument is made that only by confronting the challenges created by SECs can we begin to lay the foundations for a new theoretical model capable of explaining and accommodating environmental adjudication.
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van den Brink, Jacobine. "Matthias Ruffert (ed.), The Model Rules on EU Administrative Procedures: Adjudication." Review of European Administrative Law 10, no. 1 (June 12, 2017): 155–60. http://dx.doi.org/10.7590/187479817x14945955772028.
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Thomas, Margaret. "Theories of second language acquisition: three sides, three angles, three points." Second Language Research 21, no. 4 (October 2005): 393–414. http://dx.doi.org/10.1191/0267658305sr258ra.
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Three recent books take up different positions in the on-going debate about how, and out of what, to construct a theory of second language (L2) acquisition. Johnson (2004) advocates a ‘dialogically based approach’, inspired by Vygotsky’s sociocultural theory and Bakhtin’s ‘dialogized heteroglossia’, with which she would replace what she views as a prevailing ‘cognitive bias’ in the field. Block (2003) similarly supports a ‘more interdisciplinary and socially informed orientation’ to second language acquisition. But Block wants to reform rather than replace certain assumptions of what he represents as the best existing theory of second language acquisition, namely, Susan Gass’ Input-Interaction-Output model (IIO model). Jordan (2004), on the other hand, argues forcefully that theorizing about second language acquisition must be based on a rationalist epistemology. He provides a set of ‘Guidelines’ for theory construction, including six assumptions foundational to rationalist inquiry in general, and a five-point evaluation metric against which rival theories can be judged. He also passes on a list of six ‘practices to be avoided’. Jordan encourages the cultivation of many, varied, theories so long as they observe the rationalist Guidelines. He goes on to criticize a broad sample of L2 research, commenting on whether specific proposals do or do not adhere to the Guidelines. This article reviews all three scholars’ positions in this important debate, which has the potential to sharpen second language theorists’ sense of what they are doing and how they should do it.
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Cooter, Robert D. "Structural adjudication and the new law merchant: A model of decentralized law." International Review of Law and Economics 14, no. 2 (June 1994): 215–31. http://dx.doi.org/10.1016/0144-8188(94)90020-5.
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Alvarez-Jimenez, A. "The WTO Appellate Body's Decision-Making Process: A Perfect Model For International Adjudication?" Journal of International Economic Law 12, no. 2 (April 17, 2009): 289–331. http://dx.doi.org/10.1093/jiel/jgp016.
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McSwite, O. C. "Stories from the "Real" World: Administering Anti-administratively." Public Voices 3, no. 1 (April 11, 2017): 13. http://dx.doi.org/10.22140/pv.374.
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Typical folklore stories of what goes on in the "real world" of public organizations suggest that the official rationalist picture of them is misleading. Acknowledging the lived reality agencies through the development of a literature of administrative folklore might lead both to improved, more accurate understandings and the adoption of a new arational", '"anti-administrative model" model of hesitant action" that could improve the work government and enhance public acceptance of bureaucracies.
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Sharma, Manish, Oliver Bohnsack, Michael O'Connor, Yibin Shao, Nicholas Enus, Sayali Karve, and A. Kassel Fotinos-Hoyer. "RDI as a method for reviewer performance monitoring in BICR setup for improving data quality." Journal of Clinical Oncology 37, no. 15_suppl (May 20, 2019): e18082-e18082. http://dx.doi.org/10.1200/jco.2019.37.15_suppl.e18082.
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e18082 Background: Double read with adjudication is a preferred independent review model of regulatory authorities for blinded independent central review (BICR) in order to minimize reviewer bias in clinical trials. Adjudication rate (AR) and adjudication agreement rate (AAR) are commonly used indicators for monitoring independent reviewer performance quality. We will present data on Reader Disagreement Index (RDI), an innovative indicator for accurately monitoring reviewer performance and triggering timely intervention when applicable. Methods: A detailed review of BICR adjudication data was performed for 12 oncology clinical trials, with a total of 5,369 subjects (ranging from 119 to 894 per individual study) with 27,056 time points using RECIST, the Lugano classification or iwCLL assessment criteria. RDI for each reviewer was calculated as RDI = (# of cases where adjudicator disagreed with given reviewer ÷ Total # of all cases read) × 100, with high RDI indicating high % disagreement. RDI was used to identify the discordant reader (i.e. reviewer with the highest level of cases disagreed with by the adjudicator) when approximately 10% of the total reads were completed for each study. RDI was also calculated and compared with AR and AAR on an ongoing basis throughout the study. Mean RDI + standard deviation (SD) were used to identify outlier readers. Results: RDI reliably identified the most discordant reader consistently across all 12 studies, while AR & AAR did not. The results confirm the advantage of RDI as a lagging and leading indicator for independent reviewer performance across indications and criteria using double read with adjudication review model. RDI, when calculated as early as at the 10% of total reviewed cases benchmark, demonstrated a positive predictive value of 91% and negative predictive value of 93% (Sensitivity 71%; Specificity 98%). Conclusions: Early identification of an outlier reviewer as per RDI (i.e. after reviews completed for ~ 10% study visits), followed by detailed analysis and corrective measures, such as retraining of the reviewer can serve as timely intervention to improve review quality. Thus, RDI proves to be a better indicator for not just monitoring reviewer performance, but also as an excellent tool for triggering timely corrective intervention. [Table: see text]
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Bennett, D. Scott. "War and Punishment; The Causes of War Termination and the First World War. By Hein E. Goemans. Princeton, NJ: Princeton University Press, 2000. 355p. $49.50 cloth, $19.95 paper." American Political Science Review 95, no. 2 (June 2001): 517–18. http://dx.doi.org/10.1017/s0003055401792027.
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Hein Goemans develops and tests a rationalist model of war termination that incorporates domestic politics, focusing on leader tenure and survival in expected postwar political environments. The book is one of a growing number of works that look beyond the initiation of conflict to its conclusion, examine the dynamics of conflict over time, and incorporate domestic political factors through a multimethod analysis.
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Dousa, Thomas M. "Intellection and Intuition: On the Epistemology of S.R. Ranganathan." NASKO 7, no. 1 (September 23, 2019): 149. http://dx.doi.org/10.7152/nasko.v7i1.15637.
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The Indian librarian and library theorist S.R. Ranganathan (1892-1970) is generally recognized as a seminal figure in the development of facet analysis and its application to classification theory. In recent years, commentators on the epistemology of knowledge organization have claimed that the methods of facet analysis reflect a fundamentally rationalist approach to classification. Yet, for all the interest in the epistemological bases of Ranganathan’s classification theory, little attention has been paid to his theory of how human beings acquire knowledge of the world – i.e., his epistemology proper – or to the question whether this theory reflects a rationalist outlook. This paper examines Ranganathan’s statements on the origins of knowledge to assess if they are congruent with rationalist epistemology. Ranganathan recognized two different modes of knowledge – intellection (i.e., intellectual operations on sense data) and intuition (i.e., direct cognition of things-in-themselves) -- and it is in virtue of the latter that his epistemology can be considered to fall within the ambit of rationalism. Intuition as a source of knowledge plays a role in Ranganathan’s classification theory, most notably in his model of scientific method underlying classification development, his vision of the organization of classification design, and his conceptualization of seminal mnemonics and a reduced number of fundamental categories as important elements in the design of classification notation. Not only does intuition subtend the rationalism of Ranganathan’s epistemology but it also serves as a bridge to another often-neglected aspect of his thought, namely his valorization of mysticism. Indeed, Ranganathan’s theory of knowledge is best characterized as mystical rationalism
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Ford, Mary. "A property model of pregnancy." International Journal of Law in Context 1, no. 3 (September 2005): 261–93. http://dx.doi.org/10.1017/s1744552305003034.
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This paper elaborates what the author considers to be a promising alternative to the orthodox ‘conflict model’ of pregnancy: a model of adjudication based on an understanding of pregnancy as a property relationship. The conflict model, which purports to balance the rights and interests of the pregnant woman against those of the foetus, is now widely acknowledged to be unsatisfactory. This paper argues for the complete abandonment of the conflict model in all its guises, and the adoption of a new ‘property model’ of pregnancy. The property model, it is argued, has several distinct advantages over traditional or orthodox ways of debating and adjudicating pregnancy: it explains and justifies features which currently appear as inconsistencies or contradictions in the current law, and provides possible solutions to contested issues such as surrogacy, the ‘rights’ of fathers in decision-making about pregnancy, and the role of the state in setting limits on abortion.
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Bertens, Hans. "Postmodernism: the Enlightenment continued." European Review 6, no. 1 (February 1998): 35–43. http://dx.doi.org/10.1017/s1062798700002982.
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Postmodernism is often virtually equated with French poststructuralism, and seen as anti-rationalist and anti-humanist, even downright nihilist. However, the idea of difference that is central to much poststructuralist thinking can also be used to construct a model of postmodernism/postmodernity that avoids the endless denials of poststructuralism while allowing the establishment of a grip on the distinctions of our own postmodern period from an earlier modernity.
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Gallop, Max. "More dangerous than dyads: how a third party enables rationalist explanations for war." Journal of Theoretical Politics 29, no. 3 (January 18, 2017): 353–81. http://dx.doi.org/10.1177/0951629816682884.
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For the bargaining model of war, in the absence of incomplete information and commitment problems, war is irrational. But this finding rests on a simple and rarely discussed assumption, that bargaining is between exactly two participants. When we relax this assumption, in a three-player bargaining game, war is an equilibrium. Thus, a key finding of the bargaining model, that there is always an agreement that all states prefer war, is an artifact of dyadic analysis. By removing this limitation, we can find new factors that affect the risk of war: the number of actors, divergence in state preferences, alliance dynamics, and the issue being bargained over.
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Bartnik, Adriana Sylwia, and Katarzyna Julia Kowalska. "The Role of Lay Judges in the Process of Adjudication." Studia Iuridica 71 (November 20, 2017): 11–24. http://dx.doi.org/10.5604/01.3001.0010.5811.
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The paper attempts to expound upon the actual and statutory role of lay judges in the process of adjudication. A theoretical model was confronted with the practice of making judicial determinations. The authors analysed the state of the law on the matter and the functions of lay judges accorded thereto by the legislator. In addition, as a result of extensive sociological-legal studies, a typology of the moments of composing a judgment (i.e. during deliberations; in between cases; conversations with prosecutors; voluntary acceptance of liability (plea bargain)) and of types of deliberations present in Polish courts (deliberation without deliberation, deliberation dominated by the judge, deliberation pro forma, the ideal type, deliberation and a discussion – bargaining) is described.
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Skaik, Samer. "Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives." International Journal of Law in the Built Environment 9, no. 2 (July 10, 2017): 162–75. http://dx.doi.org/10.1108/ijlbe-03-2017-0009.
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Purpose Statutory adjudication was introduced into the security of payment (SOP) legislation as a fast-track payment dispute resolution process with an express object to facilitate cash flow within the construction contractual chain. After more than a decade of the operation of the regime in Australia and Singapore, it becomes apparent that there are many operational problems that jeopardise the intended object of the legislation, particularly in adjudicating complex payment disputes. The aim of this paper is to explore views of the industry stakeholders regarding some operational problems of statutory adjudication of as well as possible solutions. Design/methodology/approach “Expert interviews” method is adopted to collect the empirical data, involving interviews with 23 practitioners from Australia and Singapore. Findings The study identified many operational problems jeopardising the attainment of the object of the SOP legislation such as bias of authorised nominating authorities, short adjudication timeframes, inadequate regulations of adjudicators, jurisdictional challenges, involvement of courts and lawyers and complex drafting of the legislation. The study also analysed the views of industry experts with regard to the opportunities for improvement in the operation of the SOP legislation such as following the Queensland model as amended, and introducing a legislative review mechanism and establishing a peer review process. It also suggested specific amendments to make the legislation a more user-friendly. Practical implications The implication of this study is a better understanding of the most critical problems inherent in statutory adjudication that need serious consideration by the legislatures and policymakers. In addition, the study also provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws. Originality/value There is inadequate empirical research conducted to investigate problems in the operation of statutory adjudication. The study provides original empirical findings which become much necessary nowadays in light of the dynamic moves towards law reform in SOP laws, particularly in Australia. The study provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws.
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Coggins, Jeremy. "From Disparity to Harmonisation of Construction Industry Payment Legislation in Australia: A Proposal for a Dual Process of Adjudication based upon Size of Progress Payment Claim." Construction Economics and Building 11, no. 2 (June 20, 2011): 34–59. http://dx.doi.org/10.5130/ajceb.v11i2.1939.
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Since the introduction of the Building and Construction Industry Security of Payment Act into New South Wales in 1999, construction industry payment legislation has progressively been enacted on a jurisdiction-by-jurisdiction basis throughout Australia. Of the eight Australian Acts, two distinct legislative models can be discerned – what have been termed the ‘East Coast’ and ‘West Coast’ models. This article compares the two models with respect to their payment systems and adjudication schemes, procedural justice afforded, incursion upon freedom of contract, uptake rates and efficiency. From this comparison, the strengths and weaknesses of the two models are identified. Finally, a dual process of adjudication based on progress payment claim size is proposed for a harmonised model, developed from previous proposals put forward by other authors, which aims to combine the strengths of the two existing models.
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Sombra, Thiago Luís Santos. "ADPF 347 AND THE “UNCONSTITUTIONAL STATE OF AFFAIRS” OF BRAZIL’S PRISON SYSTEM -- ADPF 347 E O “ESTADO DE COISAS INCONSTITUCIONAL” DO SISTEMA PRISIONAL BRASILEIRO." Espaço Jurídico Journal of Law [EJJL] 17, no. 2 (August 31, 2016): 649–56. http://dx.doi.org/10.18593/ejjl.v17i2.9764.
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This essay aims at analyzing the main aspects related to a prison system’s lawsuit judged by the Brazilian Supreme Court in which the “Unconstitutional State of Affairs” adjudication technique was firstly examined. Challenging the base arguments that were presented in the ADPF 347, Justice Rapporteur Marco Aurélio, the article’s purpose is points out that there was not an institutional failure of both Legislative and Executive branches of government in order to justify a structural intervention for overcoming alleged barriers. A parallel with Colombian Supreme Court adjudication practices will be drawn in accordance with the legal transplants theory to understand how Brazil would achieve its reach just importing a structural injunction model that even in Colombia did not work in prisons.Keywords: Unconstitutional State of Affairs. Structural Injunction. ADPF 347. Brazil’s Supreme Court. Colombia’s Supreme Court. Legal Transplants.
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Rumph, Stephen. "Mozart's Archaic Endings: A Linguistic Critique." Journal of the Royal Musical Association 130, no. 2 (2005): 159–96. http://dx.doi.org/10.1093/jrma/fki001.
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Rhetorical studies of Mozart have assumed a rationalist conception of language, ignoring the empiricist model that actually dominated the Enlightenment. The two models, comparable structurally to the stile antico and style galant, collide in Mozart's learned finales. A study of three finales, from the Mass in C minor, the Concerto in E♭, K.449, and Die Entführung aus dem Serail, shows how Mozart negotiated irreducible contradictions within Enlightenment thought by switching between the two models.
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Moreso, José Juan, and Chiara Valentini. "In the Region of Middle Axioms: Judicial Dialogue as Wide Reflective Equilibrium and Mid-level Principles." Law and Philosophy 40, no. 5 (July 3, 2021): 545–83. http://dx.doi.org/10.1007/s10982-021-09409-7.
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AbstractThis article addresses the use of foreign law in constitutional adjudication. We draw on the ideas of wide reflective equilibrium and public reason in order to defend an engagement model of comparative adjudication. According to this model, the judicial use of foreign law is justified if it proceeds by testing and mutually adjusting the principles and rulings of our constitutional doctrines against reasonable alternatives, as represented by the principles and rulings of other reasonable doctrines. By this, a court points to a wide reflective equilibrium, justifying its own interpretations with reasonable arguments, i.e. arguments that are acceptable from the perspectives defined by other constitutional doctrines, as endorsed by other courts. The point of a judicial engagement of this sort is to work out an overlap between different, reasonable, doctrines in the judicial forum, as part of a liberal forum of public reason. Here, the exercise of public reason filters out the premises of comprehensive doctrines so as to leave us in the region of an overlapping consensus: a region of mid-level principles that can be shared, notwithstanding the fact of legal pluralism.
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Banaszak-Holl, Jane, Xiaoping Lin, Jing Xie, Stephanie Ward, Henry Brodaty, Raj Shah, Anne Murray, and John McNeil. "Dementia Adjudication Triggers Associated With Increased Mortality for Older Australians: Evidence From ASPREE." Innovation in Aging 4, Supplement_1 (December 1, 2020): 161. http://dx.doi.org/10.1093/geroni/igaa057.523.
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Abstract Research Aims: This study seeks to understand whether those with dementia experience higher risk of death, using data from the ASPREE (ASPirin in Reducing Events in the Elderly) clinical trial study. Methods: ASPREE was a primary intervention trial of low-dose aspirin among healthy older people. The Australian cohort included 16,703 dementia-free participants aged 70 years and over at enrolment. Participants were triggered for dementia adjudication if cognitive test results were poorer than expected, self-reporting dementia diagnosis or memory problems, or dementia medications were detected. Incidental dementia was adjudicated by an international adjudication committee using the Diagnostic and Statistical Manual for Mental Disorders (DSM-IV) criteria and results of a neuropsychological battery and functional measures with medical record substantiation. Statistical analyses used a cox proportional hazards model. Results: As previously reported, 1052 participants (5.5%) died during a median of 4.7 years of follow-up and 964 participants had a dementia trigger, of whom, 575 (60%) were adjucated as having dementia. Preliminary analyses has shown that the mortality rate was higher among participants with a dementia trigger, regardless of dementia adjudication outcome, than those without (15% vs 5%, Χ2 = 205, p <.001). Conclusion: This study will provide important analyses of differences in the hazard ratio for mortality and causes of death among people with and without cognitive impairment and has important implications on service planning.
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Yavas, Burhan F., Swinder Janda, and George A. Marcoulides. "Cross-national stability of a quality management model: a comparative study of the United States and Turkey." Journal of Applied Mathematics and Decision Sciences 8, no. 1 (January 1, 2004): 43–65. http://dx.doi.org/10.1155/s1173912604000045.
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This study explores the perceptions of American and Turkish managers with respect to different dimensions of product quality. Survey data on perceptions of product quality were obtained from managers in both countries. Analyses using structural equation modeling and mean comparison tests were performed to evaluate five research hypotheses. Results provided partial support for the hypothesized differences in quality perceptions. The data indicated that although the conceptualization of quality did not differ across the two samples, there were some differences in terms of importance assigned to various aspects of quality. In particular, Turkish managers rated aspects pertaining to communication and shared definition, quality execution, and quality control higher than American managers. Implications for the rationalist and culturalist approaches to international management are discussed.
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Schmidt, Peter Koerver. "Legal Pragmatism – A Useful and Adequate Explanatory Model for Danish Adjudication on Tax Avoidance?1." Nordic Tax Journal 2020, no. 1 (January 1, 2020): 29–44. http://dx.doi.org/10.2478/ntaxj-2020-0001.
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Abstract The author explores whether legal pragmatism may function as a useful and adequate explanatory model for the case law on tax avoidance unfolding in the Danish Supreme Court. In doing so, the underlying ideas of philosophical and legal pragmatism are initially re-visited while the general interpretational approach of the Danish judiciary is briefly outlined. Subsequently, the general approach to interpretation of Danish tax law is presented and the prevailing opinions on tax avoidance in the Danish doctrine are touched upon. This provide the necessary foundation for the following legal analysis of the Danish Supreme Courts’ case law on tax avoidance. Based on this analysis, it is concluded that legal pragmatism may actually function as a useful and adequate explanatory model for the Danish Supreme Court's case law on tax avoidance. Awareness of this pragmatic inclination may facilitate a better understanding of the Danish Supreme Court's approach in difficult cases on tax avoidance and enhance the possibilities of predicting the outcome of such cases.
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Leifman, Steve, and Tim Coffey. "Jail diversion: the Miami model." CNS Spectrums 25, no. 5 (March 20, 2020): 659–66. http://dx.doi.org/10.1017/s1092852920000127.
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The Eleventh Judicial Circuit Criminal Mental Health Project (CMHP), located in Miami-Dade County, FL, was established in 2000 to divert individuals with serious mental illnesses (SMI; eg, schizophrenia, bipolar disorder, and major depression) or co-occurring SMI and substance use disorders away from the criminal justice system and into comprehensive community-based treatment and support services. The program operates two primary components: prebooking jail diversion consisting of Crisis Intervention Team (CIT) training for law enforcement officers and postbooking jail diversion serving individuals booked into the county jail and awaiting adjudication. In addition, the CMHP offers a variety of overlay services intended to: streamline screening and identification of program participants; develop evidence-based community reentry plans to ensure appropriate linkages to community-based treatment and support services; improve outcomes among individuals with histories of noncompliance with treatment; and expedite access to federal and state entitlement benefits. The CMHP provides an effective, cost-efficient solution to a community problem and works by eliminating gaps in services, and by forging productive and innovative relationships among all stakeholders who have an interest in the welfare and safety of one of our community’s most vulnerable populations.
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Lippel, Katherine. "Preventive Reassignment of Pregnant or Breast-Feeding Workers: The Québec Model." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 8, no. 2 (August 1998): 267–80. http://dx.doi.org/10.2190/rlqv-50l3-bcy5-tde1.
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This article examines the Québec legislation regarding the preventive reassignment of pregnant or breast-feeding workers, a program designed to enable pregnant workers to obtain safe work or paid leave during pregnancy. The author describes the program, considers the role of treating physicians and public health physicians in its application, and concludes with an analysis of its qualities and drawbacks. Conclusions are based on the analysis of 349 Appeal Tribunal decisions representing all final appeal decisions relating to the program that circumscribe conditions of application, particularly in relation to definition of hazards and the role of doctors in adjudication. Although this program is currently unique in North America, the author suggests that it may serve as a model for other jurisdictions, providing a progressive alternative to traditional fetal protection policies.
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Rolla, Giovanni. "RADICAL ENACTIVISM AND SELF-KNOWLEDGE." Kriterion: Revista de Filosofia 59, no. 141 (September 2018): 723–43. http://dx.doi.org/10.1590/0100-512x2018n14105gr.
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ABSTRACT I propose a middle-ground between a perceptual model of self-knowledge, according to which the objects of self-awareness (one's beliefs, desires, intentions and so on) are accessed through some kind of causal mechanism, and a rationalist model, according to which self-knowledge is constituted by one's rational agency. Through an analogy with the role of the exercises of sensorimotor abilities in rationally grounded perceptual knowledge, self-knowledge is construed as an exercise of action-oriented and action-orienting abilities. This view satisfies the privileged access condition usually associated with self-knowledge without entailing an insurmountable gap between self- knowledge and knowledge of other minds.
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Smit-Keding, Nicholas. "'Absurd' Rationalist Cosmology: Copernicus, Kepler, Descartes and the Religious Basis for the end to Aristotelian Dogma." Constellations 7, no. 1 (January 10, 2016): 7. http://dx.doi.org/10.29173/cons27051.
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Current popular narratives regarding the history of astronomy espouse the narrative of scientific development arising from clashes between observed phenomena and dogmatic religious scripture. Such narratives consider the development of our understandings of the cosmos as isolated episodes in ground-breaking, world-view shifting events, led by rational, objective and secular observers. As observation of astronomical development in the early 1600s shows, however, such a narrative is false. Developments by Johannes Kepler, for instance, followed earlier efforts by Nicholas Copernicus to refine Aristotelian-based dogma with observed phenomena. Kepler's efforts specifically were not meant to challenge official Church teachings, but offer a superior system to what was than available, based around theological justifications. Popular acceptance of a heliocentric model came not from Kepler's writings, but from the philosophical teachings of Rene Descartes. Through strictly mathematical and philosophical reasoning, Descartes not only rendered the Aristotelian model baseless in society, but also provided a cosmological understanding of the universe that centred our solar system within a vast expanse of other stars. The shift than, from the Aristotelian geocentric model to the heliocentric model, came not from clashes between theology and reason, but from negotiations between theology and observed phenomena.
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Holzinger, Gerhart. "Constitutional Jurisdiction in a Democracy Governed by the Rule of Law." ICL Journal 12, no. 1 (April 25, 2018): 1–17. http://dx.doi.org/10.1515/icl-2018-0001.
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Abstract Today, the Austrian Constitutional Court looks back on an eventful history. The Austrian model of constitutional adjudication attracted wide attention, in particular after World War II and proved to be a success story. Carefully managing both the influences of the ECHR and, most recently, those of European Union law, the Court has become an active player in the dialogue of the courts involved.
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Brand, Michael C., and Philip Davenport. "Proposal for a “Dual Scheme” model of statutory adjudication for the Australian building and construction industry." International Journal of Law in the Built Environment 3, no. 3 (October 4, 2011): 252–68. http://dx.doi.org/10.1108/17561451111178452.
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Moon, Richard. "Limits on Constitutional Rights: The Marginal Role of Proportionality Analysis." Israel Law Review 50, no. 1 (February 9, 2017): 49–68. http://dx.doi.org/10.1017/s0021223716000327.
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Canada is often cited as one of the principal sources of proportionality analysis – an approach to the determination of limits on constitutional rights that has been adopted in many jurisdictions. The two-step structure of constitutional rights adjudication is built on the idea that these rights are the basic conditions of individual autonomy or liberty that must be protected from the demands of collective welfare. At the first stage of the adjudication the court determines whether the restricted activity falls within the scope of the right. At the second stage the court balances the right against the competing interest advanced by the restrictive law to determine whether the restriction is justified. Yet few of these rights fit this individual liberty model and are better understood as social or relational in character, protecting different aspects of the individual's interaction or connection with others in the community. If we recognise that most constitutional rights do not simply protect individual autonomy but instead protect different aspects of human flourishing or dignity within community then two conclusions may follow. First, there can be no single generic test for limits on rights. The form or character of ‘limitations’ on these rights may differ in significant ways. Second, the two steps of adjudication may often be difficult to separate, or the separation may seem quite artificial. Many of the issues addressed by the courts will not fit easily into the two-step structure of analysis because the ‘competing’ interests are really different dimensions of a social relationship.
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Rozenas, Arturas. "A Theory of Demographically Targeted Repression." Journal of Conflict Resolution 64, no. 7-8 (February 25, 2020): 1254–78. http://dx.doi.org/10.1177/0022002720904768.
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People from specific ethnic, religious, or other externally identifiable groups are often subjected to harsher repression than others. This phenomenon of demographically targeted repression is often viewed as a result of xenophobia. I provide a rationalist explanation of demographic targeting to understand why this form of repression is employed even without xenophobic motives. Building on the empirical literature, I model an environment where a threat of repression may motivate people to oppose the regime defensively. I show that, in such conditions, the regime may use demographic targeting to undermine cross-group collective action. The model explains when demographic targeting is used and how it shapes the behavior and identity of citizens. I use the model to make sense of certain aspects of repression policy in China.
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Leiter, Brian. "LEGAL FORMALISM AND LEGAL REALISM: WHAT IS THE ISSUE?" Legal Theory 16, no. 2 (June 2010): 111–33. http://dx.doi.org/10.1017/s1352325210000121.
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In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that (1) the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases (e.g., cases that reach the stage of appellate review); and (2) adjudication is thus “autonomous” from other kinds of reasoning, that is, the judge can reach the required decision without recourse to nonlegal normative considerations of morality or political philosophy. I also note that “formalism” is sometimes associated with the idea that judicial decision-making involves nothing more than mechanical deduction on the model of the syllogism—Beccaria, for example, expresses such a view. I call the latter “Vulgar Formalism” to emphasize that it is not a view to which anyone today cares to subscribe.
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Brown, Roy I. "Quality of Life: An Opportunity to Reorganise Services Within a Person Centred Approach to Disability." Australian Journal of Rehabilitation Counselling 6, no. 1 (2000): 1–11. http://dx.doi.org/10.1017/s1323892200000971.
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This paper examines defining features and principles of quality of life as discussed in the literature on disability. It is suggested that many features of such a model require examination and changes to some of our approaches to rehabilitation, and professional values. It is also argued that the concept has serious implications for research, and opens up new ways of viewing aspects of methodology. Finally, the article suggests that quality of life as formulated in the paper has implications beyond disability and its acceptance challenges policy and management practices as viewed within an economic rationalist framework.
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Mcpherran, Mark L. "Love in the Western and Confucian Traditions: Response to Chung-Ying Cheng." Journal of Chinese Philosophy 39, no. 4 (March 1, 2012): 495–506. http://dx.doi.org/10.1163/15406253-03904004.
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I agree with Professor Cheng’s critique that Kant shows that Practical Reason points toward a model of human subjectivity and human autonomy congenial to Confucian thinking. In the Western rationalist tradition also there are threads that connect to other world views in an illuminating fashion if we investigate their historical roots. Using Professor Cheng’s method, I claim that in the West there began a humanistic tradition that bears affinities to Confucius and which itself is now being transformed by its encounter with non-European thought. This exemplifies the comparative work that would be one facet of world humanities.
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Hopkins, W. Wat. "The Supreme Court Defines the Marketplace of Ideas." Journalism & Mass Communication Quarterly 73, no. 1 (March 1996): 40–52. http://dx.doi.org/10.1177/107769909607300105.
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The marketplace of ideas metaphor is the model most called upon by the U.S. Supreme Court in the resolution of free-expression cases. Justices have used the theory in the adjudication of virtually every area of First Amendment law, despite increasing attacks on the theory. For the most part, however, the Court does not recognize a single, universal marketplace of ideas, but numerous mini-marketplaces, each with its own dynamics, parameters, regulatory scheme, and audience.
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Rauchhaus, Robert W. "Asymmetric Information, Mediation, and Conflict Management." World Politics 58, no. 2 (January 2006): 207–41. http://dx.doi.org/10.1353/wp.2006.0027.
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This article examines mediation in conflicts using both a game-theoretic model and a quantitative analysis. The game-theoretic model suggests that mediator effectiveness rests primarily on the ability of third parties to provide critical information about the disputants’ reservation points. The empirical analysis finds that mediation that targets asymmetric information is a highly effective form of conflict management. Moreover, the results suggest that mediation outperforms other forms of third-party intervention, including those that entail coercion. Both the model and quantitative analysis indicate that impartial mediators will generally outperform biased ones. Along with providing new information on conflict management, the quantitative analysis also has broader implications for IR theory. The results provide empirical support for the rationalist claim that asymmetric information is one of the root causes of war.
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Kurnosov, Dmitry. "Pragmatic Adjudication of Election Cases in the European Court of Human Rights." European Journal of International Law 32, no. 1 (February 1, 2021): 255–79. http://dx.doi.org/10.1093/ejil/chab032.
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Abstract During the past 30 years, the European Court of Human Rights (ECtHR) has been constantly expanding its footprint in the area of democratic rights. However, the Court’s approach to election cases has been arguably more cautious compared to its jurisprudence on freedom of speech, association and assembly. Despite a growing body of scholarship on the ECtHR and democratic processes, this caution is yet to be adequately contextualized. This article aims to fill the gap by developing a normative model of how external considerations affect the ECtHR election jurisprudence. American judge-scholar Richard Posner has proposed pragmatic adjudication as a blueprint for incorporating external considerations into political disputes before the courts. I rely on this blueprint to gauge the level of deference to respondent governments in election cases at the ECtHR between 1987 and 2020. I find that, while the Court gives states wide leeway over political competition, it is less deferential when cases concern access to political process. At the same time, the ECtHR increasingly relies on procedural oversight to detect unfair electoral practices without changing the general distribution of competences.
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KERTESZ, G. A. "A Rationalist Heresy as a Political Model: The Deutschkatholiken of the 1840s, the Democratic Movement and the Moderate Liberals." Journal of Religious History 13, no. 4 (December 1985): 355–69. http://dx.doi.org/10.1111/j.1467-9809.1985.tb00442.x.
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Greene, Jamal. "A Private Law Court in A Public Law System." Law & Ethics of Human Rights 12, no. 1 (June 26, 2018): 37–72. http://dx.doi.org/10.1515/lehr-2018-0005.
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Abstract The U.S. Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing proportionality analysis, the Court limits its ability to make the kinds of qualitative judgments about rights application required to adjudicate claims of disparate impact, social and economic rights, and horizontal effects, among others. This approach, derivative of a private-law model of dispute resolution, sits in tension with the rights claims typical of a pluralistic jurisdiction with a mature rights culture, in which litigants more often disagree, reasonably, about the scope of rights rather than deny that others have them at all. In order to overcome the mismatch between the nature of the rights claims the Court faces and its anachronistic technology of adjudication, it will need not only to adopt a form of proportionality analysis but it will also need to adjust the ways in which it receives and assesses empirical social facts and it will need to broaden its remedial toolkit to include, for example, suspensions of invalidity. While proportionality is far from perfect, its flaws are anticipated by the challenges of constitutional democracy itself under conditions of pluralism.
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Dimitropoulos, Georgios. "Measuring judicial independence in international law." Maastricht Journal of European and Comparative Law 24, no. 4 (August 2017): 531–51. http://dx.doi.org/10.1177/1023263x17723766.
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This article searches for paths, frameworks and modules for the measurement and evaluation of judicial independence in international law. First, it discusses the measurability of the concept. Judicial independence, both as such and especially at the international level, is very difficult to measure, given the ambivalence of some proxies and variables that have been used in empirical research in order to measure it, and given the competing interests and actors in international adjudication: independence does not stand alone as the only value that needs to be protected in international adjudication. Second, the article presents methodologies for the evaluation of international judicial independence. The three competing methodologies are (i) the subjective, which looks at the subjective perception of the judges themselves or the public; (ii) the output-based, which looks at the decisions of the courts and tribunals; and (iii) the institutional, which looks at the personal independence guarantees of the judge, and the organizational safeguards of independence. Finally, this article presents its preferred model for the measurement of international judicial independence. The study takes an institutional-psychological approach that focuses on the judge and the individual institutions.
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Miles, Cameron. "Thoughts on Domestic Adjudication and the Identification and Formation of Customary International Law." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 131–49. http://dx.doi.org/10.1163/22116133-02701008.
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Article 38(1)(d) of the ICJ Statute provides that “judicial decisions” may serve as a subsidiary means for the determination of customary international law. The absence of a qualifying adjective to the term “judicial decisions” confirms that, at least ex facie, there is no priority to be given to international over domestic judgments in this respect. And yet – as the International Law Commission’s Draft Conclusions on Formation and Identification of Customary International Law confirms – the reality of international adjudication is one in which domestic judicial decisions are often side-lined. In this paper, I question the ILC’s assertion that this is due to the relative expertise of international versus domestic courts, and instead posit a model based on the shifting architectonics of international adjudication. Two related developments are key: (1) the florescence of international adjudicative bodies in the post-1945 era, and (2) the tendency for international courts and tribunals to see domestic judicial decisions as evidence of state practice and opinio juris under Article 38(1)(b), rather than as subsidiary means for the determination of custom – that is, as factual rather than legal precedents.
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Denny, Brian S. "The Warden's Dilemma as Nested Game: Political Self-Sacrifice, Instrumental Rationality, and Third Parties." Government and Opposition 56, no. 1 (April 10, 2019): 82–101. http://dx.doi.org/10.1017/gov.2019.9.
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AbstractInspired by the famous Prisoner's Dilemma game theory model, Karin Marie Fierke introduced the Warden's Dilemma to explain self-sacrifice and compromise in asymmetric interactions and to show that such an explanation requires a social ontology. She applied her model to Irish Republican Army hunger strikes in 1980–1981. Her model, however, closely resembles what game theorists call a ‘nested game’. This article (re)introduces the nested Warden's Dilemma, focuses on the tripartite relationship inherent to the model and examines hunger strikes as part of a strategy potentially informed by instrumental rationality and knowledge of the Warden's Dilemma dynamic. After briefly discussing the implications of approaching self-sacrificial behaviour from a rationalist perspective, a case study of strategic non-violence in Myanmar (Burma) demonstrates how third parties can both diffuse instrumental rationality regarding political self-sacrifice and facilitate patterns of resistance that appear to capitalize on the Warden's Dilemma dynamic.
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Greer, Steven. "“BALANCING” AND THE EUROPEAN COURT OF HUMAN RIGHTS: A CONTRIBUTION TO THE HABERMAS-ALEXY DEBATE." Cambridge Law Journal 63, no. 2 (June 18, 2004): 412–34. http://dx.doi.org/10.1017/s0008197304006634.
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At the core of contemporary political, constitutional, and legal theory, lie the questions of how “constitutional”, “fundamental”, and “human” rights are, and should be, reconciled with each other and with considerations of the wider public interest. This article considers how the debate between Habermas and Alexy about the appropriateness of “balancing” as a way of addressing these problems might apply to the adjudication of the European Court of Human Rights, and concludes that, with some modification, Alexy's model is to be preferred.
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Bekrycht, Tomasz. "Jerzy Wróblewski’s Concept of Legal Interpretation in its Axiological and Epistemological Context." Review of Central and East European Law 45, no. 2-3 (June 23, 2020): 217–28. http://dx.doi.org/10.1163/15730352-04502002.
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The work of Jerzy Wróblewski has had a huge impact not only on the theory and philosophy of law, both in Poland and internationally, but also on the whole of jurisprudence, especially the fields of doctrinal legal research and the practical application of the law (in particular on adjudication). The aim of this study is to present one of Wróblewski’s most influential concepts, namely the theoretical model of judicial interpretation, from the point of view of axiology and epistemology in the field of jurisprudence.
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Melamed, I. Dan. "Models of Translational Equivalence among Words." Computational Linguistics 26, no. 2 (June 2000): 221–49. http://dx.doi.org/10.1162/089120100561683.
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Parallel texts (bitexts) have properties that distinguish them from other kinds of parallel data. First, most words translate to only one other word. Second, bitext correspondence is typically only partial—many words in each text have no clear equivalent in the other text. This article presents methods for biasing statistical translation models to reflect these properties. Evaluation with respect to independent human judgments has confirmed that translation models biased in this fashion are significantly more accurate than a baseline knowledge-free model. This article also shows how a statistical translation model can take advantage of preexisting knowledge that might be available about particular language pairs. Even the simplest kinds of language-specific knowledge, such as the distinction between content words and function words, are shown to reliably boost translation model performance on some tasks. Statistical models that reflect knowledge about the model domain combine the best of both the rationalist and empiricist paradigms.